GUIDELINES ON ADOPTION LAW IN VIETNAM (CAT)

Professionals at ANT Lawyers are experienced in both foreign and domestic adoption. Currently there are 54 different ethnic minority groups living in Vietnam making the adoption process more and more complex. Until 2010, adoption in Vietnam was regulated in Law on Marriage and Family but later the Vietnam National Assembly issued the Law on Adoption (LOA) to clarify the legal situation. Under Vietnamese law, foreign adoption procedures are carried out by the combination of responsible authorities of the provincial Department of Justice, Ministry of Justice and provincial People’s Committee.  The provisions for international adoptions are stipulated in Articles 14 & 28 of the LOA. The general conditions in article 14 LOA guide on various general requirements that must be fulfilled by the adopter as follows: the adopter must have full civil capacity; the adopter must be at least 20 years older than the to-be-adopted child; having satisfactory health, financial conditions and accommodations to assure the care and education for the adopted child.  

Furthermore, foreigners must meet the legal requirements of their home countries concerning adoption and in addition they also must meet one of the following conditions:  (1) The adopters’ country of residence is a contracting party of an adoption treaty where Vietnam has also signed to. One example for such an treaty is the Hague Convention of 29 May 1993 on the Protection of Children and Co-operation in Respect of Intercountry Adoption, whereby 90 parties have already signed to it.[1] (2) He/she who is permanently residing abroad is the step father or step mother, natural aunt or uncle, sibling of the to-be-adopted child or adopts a specific child who is disabled or infected with HIV/AIDS or another dangerous disease or currently works or studies in Vietnam for at least 1 year; (3) If an adopter ispermanently residing in Vietnam, he/she may adopt a Vietnamese child disregarding of his/her own nationality.  If a Vietnamese person wants to adopt a foreign child, he/she must satisfy the conditions stipulated in Article 29, Clause 2 of the LOA: (1) Conditions in Article 14 of the LOA as mentioned above; (2) Legal requirements for adopters of the country where the to-be-adopted child resides in.  As foreign adoption has risen dramatically in Vietnam, ANT Lawyers provides experience and sound insight for foreigners who wish to adopt Vietnamese children.  Relevant regulations 1/ Law on Adoption 2010 took effect on January 1, 2011. 2/ Degree No.19/2011/ND-CP providing in detail for implementation of a number of articles of the law on adoption took effect on May 8, 2011. 3/ Circular No.21/2011/TT-BTP on the management of foreign adoption offices in Vietnam took effect on January 1. 2011.