Adoption in Vietnam is not limited to Vietnamese citizens; foreign nationals who are permanently residing in Vietnam are also eligible to adopt children in accordance with Vietnamese law. The legal framework ensures that the rights and welfare of children are protected while complying with both domestic regulations and international treaties.
1. Adoption by Foreign Nationals Permanently Residing in Vietnam
According to Article 41 of the Law on Adoption 2010, the adoption process for foreign nationals permanently residing in Vietnam is as follows:
- Application of general provisions: Articles 14, 15, 16, 17, 18, 21, 23, 24, 25, 26, and 27 of the Law on Adoption 2010 also apply to foreign nationals permanently residing in Vietnam who wish to adopt a child in Vietnam.
- Submission of documents: The adoption dossier, including information about the prospective adoptive parent(s) and the child proposed for adoption, must be submitted to the Department of Justice where the child resides. The Department of Justice is responsible for reviewing the application and consulting relevant parties as specified in Article 21.
- Review and decision: If the adoptive parent(s) and the child meet all legal requirements, the Department of Justice will submit the case to the Provincial People’s Committee for approval.
- Decision timeline: Within 15 days of receiving the application from the Department of Justice, the Provincial People’s Committee shall issue a decision approving or rejecting the adoption. If rejected, the decision must be provided in writing with clear reasons.
- Registration and adoption ceremony: Once approved, the Department of Justice registers the adoption in accordance with civil registration law and organises the adoption handover ceremony at its office, attended by: the Department’s representative, the adoptive parent(s), the child, representatives of the orphanage or the child’s biological guardians. A copy of the decision is also sent to the People’s Committee at the commune where the adoptive parent resides.
- Revocation of decision: If the adoptive parent fails to attend the handover ceremony without a valid reason, the Provincial People’s Committee may revoke the adoption approval.
- Adoption record: The handover must be recorded in writing and signed or thumb-printed by all parties and the Department of Justice representative.
2. Conditions for Licensing Foreign Adoption Organisations in Vietnam
According to Clause 1, Article 43 of the Law on Adoption 2010, a foreign adoption organisation may operate in Vietnam if it meets the following conditions:
- Legality and non-profit: The organisation is legally established and operates as a non-profit entity in the field of adoption in a country that is a party to an international adoption treaty of which Vietnam is also a member.
- Authorisation: The organisation is authorised by the competent adoption authority in its home country to operate in Vietnam.
- Experience: The organisation has at least three consecutive years of experience in international adoption, operates legally, and is certified by the relevant authority in its home country.
- Qualified personnel: It has a team of social and legal professionals familiar with Vietnamese law, culture, society, and international adoption regulations.
- Representative in Vietnam: The organisation’s representative in Vietnam must meet ethical and professional standards in the field of adoption.
Conclusion:
Foreign nationals permanently residing in Vietnam must follow a strict legal procedure to adopt a child, including submission of a complete dossier, review by authorities, and participation in an official handover ceremony. Similarly, foreign adoption organisations must comply with legal, operational, and personnel standards to operate in Vietnam. These regulations ensure the protection of children’s rights while aligning with international adoption practices.
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Nguyen Duong Anh Vu