Adoption procedure in Vietnam

Currently, the State encourages the adoption of orphans, abandoned childrens and childrens with other special circumstances. However, because children are quite sensitive subjects, and need to be sent to places with good conditions. So the regulations on adoption are quite strict, especially for foreigners. With the desire to support the best services for foreigners and international organizations, DFC Law Firm provides detailed instructions on adoption procedure in Vietnam as follows:

Adoption procedure in Vietnam

1. Conditions for adoption:

For adopters:

• Having full civil act capacity, Having good moral character; 
• Being 20 years older than the adopted children; 
• Having good conditions in terms of health, financial and accommodation to ensure the care, nurturing and education of the adopted child;
• Not being restricted in some of the parent's rights toward the minor children; Or are serving an administrative handling decision at an educational institution or medical treatment establishment; Or are serving a imprisonment penalty; The criminal record for the offence against the person and the reputation has not been deleted; mistreating or torturing grandparents, parents, spouses, children, grandchildren or caretaker; seducing, forcing or harboring minor children in violation of the law; buying, selling, exchanging, appropriating children;

For adopters : Children under 16 years old; can only adopt a person aged between full 16 years and under 18 years old if falling into one of the following cases: Adopted by a stepfather or stepmother; Adopted by aunts, uncles, aunts and uncles.

2. Application for adoption:

• Application for adoption;
• Copy of Passport or other valuable papers;
• Written permission for adoption in Vietnam;
• Investigation on psychology, family;
• Document certifying health status;
• Documents verifying income and assets;
• Criminal record certificate (issued less than 12 months, up to the date of filing at Department of Adoption);
• Document certifying marital status;
• Papers and documents proving the adopting person is the biological aunt of the adoptive person.

*Note : Papers, documents in the dossier of the foreign adopter made, issued or certified by a foreign competent authority must be consularly legalized when used in Vietnam, except for exempting from consular legalization.

3. Procedures for adopting a child:

Place of application for adoption: Department of Adoption under the Ministry of Justice.

Within 30 days from the date of receiving dossiers of adopting persons, the Department of Justice shall consider and introduce the children to be adopted. Note: in case of specific adoption according to regulations (Clause 2, Article 28, Law on Adoption), there is no need to introduce the child to be adopted.

Within 10 days after receiving the dossier from the Department of Justice, if the provincial-level People's Committee agrees, it shall notify the Department of Justice for carrying out the procedures for transferring the dossier to the Ministry of Justice; in case of disagreement, it shall reply in writing and clearly state the reason.

Within 30 days from the date of receipt of the report on the result of introducing children for adoption, the Ministry of Justice shall inspect the introduction of the child for adoption, if valid, make an assessment of Vietnamese children eligiblive person is residing.

Within 15 days from the date of receipt of a written notice from the competent authority of the adoptive person’s country notifying the adoptive person's consent to the introduced child, certifying the child who will be admitted to and permanently reside in the country where the child is adopted, the Ministry of Justice notifies the Department of Justice.

After receiving a notice from the Ministry of Justice, the Department of Justice shall submit to the provincial-level People's Committee a decision on allowing a child to be adopted abroad. Within 15 days after receiving the dossier submitted by the Department of Justice, the provincial-level People's Committee shall decide to allow the child to be adopted abroad.

The Department of Justice notifies the adoptive person to come to Vietnam to adopt a child. Within 60 days, the adoptive person must be present in Vietnam to directly adopt the child; in case husband and wife apply for adoption but either of them cannot attend the child adoption uceremony for objective reasons, they must authorize the other person; May be extended, but not more than 90 days. Upon the expiration of the above time limit, if the adopting party does not come to adopt the child, the provincial-level People's Committee shall cancel the decision on allowing the child to be adopted abroad.

The above is the consultation content of DFC Law Firm on procedures for foreigners to adopt children in Vietnam, if customers have any questions or requests to provide legal services, please contact: luatsudfc@gmail.com or Hotline cong ty luat DFC 1900.6512 for specific advice.