Procedure

Noting child adoption with foreign elements registered with foreign competent authority

Process

Step 1: A citizen fills in the form for the noting of child adoption in the Registration Book that was registered with foreign competent authority; prepares dossiers and submits to the One Stop Shop of the Yen Bai 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 iIn case the dossier goes beyond the authority of One Stop Shop, the applicant will be guided to the upper related agency for further consideration according to regulations.  

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 processes and gives result in time as stipulated.     

In case the dossiers need to be added or double checked, the Section is required to consult the One Stop Shop, so that the latter will keep the applicant informed, or to 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 for noting child adoption in the Registration Book, which was registered with foreign competent authority;

2. The certified copy of the papers as proof of child adoption issued by foreign competent authority; it must be translated into Vietnamese and legalized.

3. Copies of Family Register Book, ID or passport of the applicant for noting child adoption.
Papers to be showed

1. Family Register Book, ID or passport of the applicant;
2. The original copy of Certificate of child adoption registered with foreign competent authority

Number of dossier: 01 set

Processing duration

The procedure will be fulfilled after receiving valid and full dossier according to the law. If the dossier needs to be double-checked, timeline will be extended to no more than 05 working days.

Objects

The objects to be involved A Vietnamese citizen who adopts a Vietnamese child or a foreign child; the adoption was registered with foreign competent authority and recognized in Viet Nam

Competent agency

Department of Justice

Outcome

- Certificate for noting child adoption - In case of rejection, the Ha Noi People’s Committee will provide their written answer detailing the reasons for rejection to the Ha Noi Department of Justice and to the applicant.

Fee

VND 50,000

Form/Declaration

Registration for noting child adoption which was registered with foreign competent authority.

Other requirements

Noting child adoption will be implemented, when child adoption registered with foreign competent authority is recognized in Viet Nam and does not violate following provisions:

 - Taking advantage of child adoption for profits, labor exploitation, sexual abuse, kidnapping or human trafficking. - Forging papers to fulfill the procedures;

- Discriminating natural children and adopted children;

- Taking advantage of child adoption to violate the Law on Population.

- Taking advantage of child adoption from the war invalids revolutionary contributors or people of ethnic minorities to enjoy the Party and State’s preferential treatment policy;

- Taking advantage of child adoption to violate the laws, custom ethics and cultural traditions of the country.

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;