1. Realization of procedures of registration for child adoption with foreign elements must assure the principles, in particular the legitimate rights and benefits of adoptee and adopter, voluntariness, equality, no discrimination between male and female, and no violations of the laws and social ethics.
2. Only when it fails to find an alternative family for a Vietnamese child, he/she can be adopted to foreigner
3. Requirements for adopter:
- Meeting requirements according to the law of the country where he/ she resides;
- Having full capacity for civil acts;
- Being at least 20 years older than the adoptee;
-Having good health, economic conditions, and accommodation which can ensure the care and education for the adopted child;
- Having good moral behavior.
Note: In the above mentioned conditions, the third and fourth conditions are not applied to aunt/ uncle adopting their own niece/ nephew or stepfather/ stepmother adopting the child of their spouse.
4. The following people are not allowed to adopt children:
- People whose rights on their minor children are being restricted ;
- People who are serving a sentence of administrative sanctions in educational / or medical establishments;
- People who are serving a prison term;
- People whose criminal records have not been deleted yet for one of following crimes: intentionally infringing on the life, property or honor and dignity of others; mistreating or abusing grandparents, father, mother, wife, husband, children, grandchildren or people who have fostered them; enticing, forcing or harboring juvenile to violate the law or implement human trafficking.
5. Conditions for adopted children:
- Children under 16 years old;
- Children from 16 to 18 years old can be adopted by stepmother/ stepfather/ aunt/ uncle.
6. A person can be adopted only by a single person or a couple of husband and wife.
7. Natural father/ natural mother can give their child for adoption only after 15 days since the child was born.
8. The child handover will be held at the Department of Justice in the presence of representatives from the Department of Justice, the adopted child, adoptive parents, natural parents or guardian or representative from children care center.
9. If the adopter fails to be present to receive the adopted child without legitimate reasons, People’s Committee at district level will cancel the Decision on allowing child adoption for foreigner residing in Viet Nam.