The act of foreign nationals adopting children in Vietnam is considered a humanitarian gesture, stemming from the sincere desire to provide a loving home and a brighter future for underprivileged children. However, this process requires not only genuine affection but also strict compliance with legal, ethical, and administrative requirements. Vietnamese law permits such adoptions, but also imposes specific regulations to ensure the full protection of the rights and interests of the child.
1. Eligible Persons for Intercountry Adoption
According to Article 29 of the Law on Adoption 2010 of Vietnam, the following individuals are eligible to adopt children in intercountry cases:
1. …. Foreign nationals who are permanently residing in a country that is a party to an international treaty on adoption to which Vietnam is also a member, and who wish to adopt a Vietnamese child.
2. …. Foreign nationals permanently residing abroad may adopt a child in designated cases, including but not limited to:
đ) Foreigners who are working or studying in Vietnam for at least one year.
2. Conditions for Foreign Nationals to Adopt a Vietnamese Child
As stipulated in Article 29 of the Law on Adoption 2010, foreign nationals who wish to adopt a Vietnamese child must comply with Vietnamese laws and meet the following conditions:
- Must have full legal capacity for civil acts;
- Must be at least 20 years older than the adopted child;
- Must have adequate health, financial capacity, and accommodation to ensure the care, upbringing, and education of the adopted child;
- Must possess good ethical character.
In addition, the prospective adoptive parent must not fall into any of the prohibited categories, such as: Serving a prison sentence; Having a criminal record for offenses related to children and not yet having had such record expunged or Being restricted from exercising parental rights over a minor child.
Furthermore, foreign nationals residing abroad must also:
- Meet the requirements for adoption under the laws of their home country;
- Obtain written permission from the competent authority of their country allowing them to adopt a child from Vietnam.
3. Conditions for the Child to Be Adopted
As prescribed in Article 8 of the Law on Adoption 2010, a child eligible for adoption must fall under one of the following categories:
- A child under 16 years of age;
- A child from 16 to under 18 years of age, if the child is the stepchild of the adoptive parent’s spouse or the biological grandchild of the adoptive parent.
Additionally, the child must meet one of the following conditions:
- Orphaned, abandoned, or without any caregivers;
- Living in particularly difficult circumstances (such as having disabilities or suffering from serious illnesses);
- Has not been successfully placed with a domestic adoptive family despite efforts to do so.
4. Procedures for Adoption Involving Foreign Elements
4.1 Dossier Preparation
- Dossier of the adoptive parent(s): Includes documents specified in Article 31 of the Law on Adoption 2010, supplemented by Article 13 of Decree No. 19/2011/ND-CP, as amended by Clause 7, Article 1 of Decree No. 06/2025/ND-CP. The dossier must be prepared in two (02) copies.
- Dossier of the child to be adopted: Includes legal documents as prescribed in Article 32 of the Law on Adoption, as supplemented and amended by Article 14 of Decree No. 19/2011/ND-CP and Clause 6, Article 1 of Decree No. 24/2019/ND-CP. The dossier must be prepared in three (03) sets.
4.2 Procedures
- Legal basis: From Articles 33 to 37 of the Law on Adoption 2010, and guiding decrees mentioned above, which provide detailed provisions on procedures, competence, processing time, and the handover of the adopted child.
Step 1: Submission of Dossier
- The foreign adoptive parent(s) shall submit the dossier to the Ministry of Justice of Vietnam, either directly or through an authorized international adoption agency (in person or via post).
- It is also permissible to authorize a resident in Vietnam to submit the application on their behalf (with a legally valid power of attorney).
Step 2: Examination and Verification of Dossier
- The Ministry of Justice shall examine the dossier, verify the eligibility of the parties, and seek opinions from relevant parties within 20 days.
- If the dossier is valid, it shall be forwarded to the Department of Justice of the province/city where the child is permanently residing.
Step 3: Verification and Collection of Opinions
- The provincial Department of Justice shall verify the child’s eligibility for adoption, collect opinions from the biological parents, guardian or childcare institution, and from the child (if aged 9 or older) within 20 to 30 days.
- The opinions must be documented in writing and authenticated by the person giving the opinion.
Step 4: Examination of the Adoptive Parent’s Dossier
- The Ministry of Justice shall verify the legality of the dossier and the eligibility of the adoptive parent(s). If valid, within 15 days, the dossier shall be forwarded to the provincial Department of Justice for the child introduction process.
Step 5: Introduction of the Child for Adoption
- If the child is eligible, the provincial Department of Justice shall introduce the child to the prospective adoptive parent(s).
- The Ministry of Justice shall inform the Central Authority of the foreign country about the child introduction.
Step 6: Issuance of Adoption Decision
- The People’s Committee at the provincial level shall issue the decision to allow the adoption within 15 days from the date of receiving the dossier from the Department of Justice.
Step 7: Notification and Handover of the Adopted Child
- The adoptive parent(s) must be present in Vietnam within 60 to 90 days to carry out the handover ceremony.
- The Department of Justice shall register the adoption in accordance with civil status registration laws.
- A handover record shall be sent to the relevant authorities, including the Ministry of Justice, Ministry of Foreign Affairs, etc.
4.3 Fees and Charges
- Administrative fee: 9,000,000 VND (pursuant to Decree No. 114/2016/ND-CP).
- Support costs: May include additional expenses related to child care, origin verification, handover process, etc.
Adoption by foreign nationals in Vietnam is entirely possible but far from simple. It is a profoundly humanitarian journey that also requires strict compliance with legal provisions to ensure the best interests of the child are protected.
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