Procedure

Re-registration for child adoption with foreign elements

Process

Step 1: A citizen fills in the Re-registration Form for child adoption, prepares necessary papers and submits to the One Stop Shop of the Ha Noi Department of Justice for consideration.    

Step 2: One Stop Shop receives and checks dossiers. If the dossier is complete and valid, One Stop Shop will accept it and give the applicant a receipt with an appointment of the time and date for return of the result.   

If the dossier remains incomplete and needs to be added, the applicant shall be advised to add. And in case dossier goes beyond the authority of One Stop Shop, the applicant will be guided to the upper related agency for further consideration as required by the rules.

Step 3: One Stop Shop notes in the book, then hands the dossier over to the Section for Judicial Administration for further consideration as stipulated.

Step 4: The Section for Judicial Administration receives and checks the dossiers, then process it and gives the results to the applicant in time as stipulated.       

In case the dossiers need to be added or double checked, the Section for Judicial Administration is required to consult PSC One Stop Shop so that the latter will keep the applicant informed, or give a deadline to settle the issues. 

Step 5: One Stop Shop receives the results, takes notes and gives result to applicant according to the law.

Where to submit

The adopter submits the application directly at Department of Justice of Yen Bai province if the person recommended for adoption permanently resides in Yen Bai province (Specifically, submit dossiers directly at OSS of Department of Justice of Yen Bai province, Administrative Center of Yen Bai Province)

Contents and number of the dossier

Papers to be submitted:

1. Re-registration Form for child adoption as attached sample;
2. The original paper or copy of the Decision on recognizing the previous child adoption (if any);

If the Ha Noi Department of Justice was not the agency that settled the previous registration for child adoption, the Re-registration Form must include the applicant‘s commitment of its truthfulness and the signatures of two witnesses.

3. Copies of Family Registration Book/ or Temporary Residence Certificate, ID/ or passport of the applicant.

Papers to be shown:

1. Family Registration Book/ or Temporary Residence Certificate;

2. ID/ or passport of the applicant.

Number of dossier: 01 set

Processing duration

05 working days since after receiving valid and full dossier according to the law (no rule on timeline for the Department of Justice to submit and ask People’s Committee at provincial level to sign Decision on approving the child adoption).

Objects

The objects to be involved 1. Adoptive parents or foreign adopted children reside in Viet Nam 2. Adoptive parents or foreign adopted children previously registered the adoption with the Ha Noi Department of Justice

Competent agency

Department of Justice

Outcome

- The original paper of the Decision on approving adoption of Vietnamese child to foreigner (for re-registration);

Fee

Free of charge

Form/Declaration

Re-registration Form for child adoption TP/CN-2011/CN.04

Other requirements

1. The re-registration of child adoption with foreign elements will only be implemented, if the child adoption was registered with a Vietnamese competent authority, and both of Registration Book and original Decision were lost or damaged and no longer usable. 2. Adoptive father, mother and adopted child are still alive at the time of re-registration.

Legal basis

- Law on Child Adoption in 2010;

-Government Decree 19/2011/ND-CP dated March 21, 2011, detailing implementation of some articles of the Law on Child Adoption;

-Circular 24/2014/TT-BTP dated December 29, 2014 on amending, supplementing some articles of Circular 12/2011/TT-BTP dated June 27, 2011 of Ministry of Justice on issuing, guiding the noting, recording and use of forms for child adoption.