Guidelines for Foreigners Adopting a Child in Vietnam

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Conditions for Foreigners to Adopt a Child in Vietnam

Who Is Eligible to Adopt a Child in Vietnam?

According to Article 28 of the 2010 Law on Adoption, foreigners can adopt a child in Vietnam under the following circumstances:

• A foreigner who permanently resides in a country that is a member of an international treaty on adoption with Vietnam may adopt a Vietnamese child.

• A foreigner who permanently resides abroad may adopt a specific child in the following cases:

a) The adopter is the stepfather or stepmother of the adopted child.

b) The adopter is the child's uncle, aunt, or another direct relative.

c) The adopter already has an adopted child who is the sibling of the child being adopted.

d) The adopter is adopting a child with disabilities, HIV/AIDS, or another severe illness.

e) The adopter is a foreigner working or studying in Vietnam for at least one year.

• A foreigner who permanently resides in Vietnam may adopt a child in Vietnam.

Requirements for Adopters Under Vietnamese Law

According to Article 29 of the 2010 Law on Adoption, a foreigner who permanently resides abroad and wishes to adopt a Vietnamese child must meet the legal requirements of their home country and the conditions outlined in Article 14 of this law.

Article 14 of the 2010 Law on Adoption (Law No. 52/2010/QH12) states that foreigners wishing to adopt a child in Vietnam must fulfill the following conditions:

• Full civil capacity: The adopter must be legally capable of assuming responsibility for their actions and must not be restricted in their civil capacity.

• At least 20 years older than the adoptee: This requirement ensures that the adopter has sufficient maturity and life experience to care for and educate the adopted child.

• Adequate health, financial stability, and housing to ensure child care, upbringing, and education: The adopter must have sufficient financial means and living conditions to support the comprehensive development of the child.

• Good moral character: The adopter must have a good moral standing, with no criminal record related to serious offenses.

• Not subject to adoption prohibitions: This includes individuals serving prison sentences or those with unexpunged criminal records for offenses such as sexual crimes, domestic violence, or human trafficking.

In addition to these conditions, foreigners who permanently reside abroad must also meet the adoption requirements of their home country. This ensures that the adoption process complies with the laws of the country where the adopter resides.

Foreigners permanently residing in another country must ensure they meet that country’s legal requirements for adoption.

Documents Required for Foreigners to Adopt a Child in Vietnam

Article 29: Conditions for Adopters

1. Vietnamese residing abroad or foreigners permanently residing in another country who wish to adopt a Vietnamese child must meet the legal requirements of their country of residence and the conditions outlined in Article 14 of this law.

2. Vietnamese citizens adopting a foreign child must meet the conditions stated in Article 14 of this law as well as the legal requirements of the child’s country of residence.

Adoption Dossier for Foreigners Adopting a Child in Vietnam

According to Article 31 of the 2010 Law on Adoption, the adoption dossier for foreigners includes the following documents:

• Adoption Application: A written request expressing the adopter’s wish and commitment to caring for and raising the adopted child.

• Copy of Passport or Equivalent Document: Proof of the adopter’s identity and nationality.

• Permission to Adopt a Child in Vietnam: Issued by the competent authority in the adopter’s country of residence, confirming the adopter meets the legal requirements to adopt under their national law.

• Psychological and Family Assessment Report: An evaluation of the adopter’s psychological state and family conditions, usually conducted by a qualified expert or authorized agency.

• Health Certificate: Issued by a competent medical authority to ensure the adopter is in good health to care for the child.

• Income and Asset Certification: Verification of the adopter’s financial status, including monthly income, fixed assets, and other sources of earnings.

• Criminal Record Certificate: A background check confirming whether the adopter has any criminal history.

• Marital Status Certificate: A document confirming the adopter’s marital status, which helps authorities assess their ability to care for the adopted child.

Documents Required for Specific Adoption Cases (as per Clause 2, Article 28 of the Law on Adoption and Article 13 of Decree No. 19/2011/ND-CP dated March 21, 2011)

1. Copy of the Marriage Certificate of the stepfather or stepmother with the biological mother or father of the adopted child.

2. Documents proving the adopter is a biological uncle or aunt of the child.

3. Copy of the Vietnamese authority’s decision approving a prior adoption and documents proving that the previously adopted child and the new adoptee are biological siblings.

4. Documents proving the child has disabilities or severe illnesses.

5. Confirmation from the Commune People's Committee or local police in Vietnam, along with other supporting documents, proving the adopter has been working or studying continuously in Vietnam for at least one year before submitting the application to the Adoption Department.

Dossier of the Child to Be Adopted

According to Articles 18 and 32 of the 2010 Law on Adoption, the child’s dossier must include the following documents:

• Birth Certificate: Proof of the child’s date of birth and identity.

• Medical Examination Report Issued by a District-Level or Higher Medical Authority: Verification of the child’s health condition.

• Two Full-Body, Front-Facing Photos Taken Within the Last Six Months: For identification purposes.

• Abandonment Record: If the child was abandoned, an official record confirming this must be provided by the competent authority.

• Acceptance Decision for Children in a Care Facility: Official approval for children living in an orphanage or care institution.

• Written Consent from the Biological Parents or Legal Guardian: A document indicating the biological parents’ or legal guardian’s consent for the adoption.

Additional Documents Required Under Article 14 of Decree No. 19/2011/ND-CP

The child’s dossier must comply with Article 32 of the 2010 Law on Adoption, along with the following specific requirements:

1. Summary of the Child’s Characteristics, Preferences, and Habits: This document must provide accurate information about the child's health, medical conditions (if any), and notable daily habits to help the adoptive parents in the child’s care and upbringing.

   • If a stepfather or stepmother adopts their spouse’s biological child, this document is not required.

2. For Children on List 1 (Special Adoption Cases), the Following Additional Documents Are Required:
   a) A document from the Department of Justice, along with supporting materials, confirming that efforts were made to find a domestic adoptive family as required by Clause 2, Article 15(c) of the Law on Adoption.
   b) A confirmation letter from the Adoption Department stating that the mandatory domestic adoption search period (per Clause 2, Article 15(d) of the Law on Adoption) has expired without any domestic adoption applicants.

Notarization and Consular Legalization of Documents

According to Article 30 of the 2010 Law on Adoption:

• Notarization: Documents such as the adoption application, criminal record certificate, marital status confirmation, medical examination report, and financial statements must be notarized by the relevant authority in the adopter’s country or in Vietnam.

Consular Legalization: Any documents issued by a foreign authority must be legalized at a Vietnamese diplomatic mission abroad or at the Consular Department of the Ministry of Foreign Affairs of Vietnam, unless exempted under an international treaty to which Vietnam is a party or based on reciprocity.

To ensure the dossier is valid, all foreign-issued documents must undergo consular legalization.

Procedure for Adoption in Vietnam

Submitting the Adoption Application to the Competent Authority

According to Article 9 of the 2010 Law on Adoption and Article 2 of Decree No. 19/2011/ND-CP, adoption applications must be submitted to the appropriate authority, depending on the type of adoption:

Domestic Adoption

The application must be submitted to the People’s Committee at the commune level in one of the following locations:

• The place of permanent residence of the adopter.

• The place of permanent residence of the adoptee.

• The location of the child care facility where the adoptee resides.

Specific cases:

• If a stepfather or stepmother adopts their spouse’s biological child, or if a biological uncle or aunt adopts their niece or nephew, or if there is an agreement between the adoptive parents and the child’s biological parents or legal guardians, the People’s Committee at the commune level of the adopter’s residence will process the adoption registration.

• If an abandoned child (not yet placed in a child care facility) is to be adopted, the People’s Committee at the commune level where the abandonment record was created will handle the registration.

• If the child resides in a care facility, the People’s Committee at the commune level where the facility is located will process the adoption registration.

Intercountry Adoption (Foreigners Adopting a Vietnamese Child)

The application must be submitted to the Department of Justice at the provincial level, where the adoptee is permanently residing.

This is the first step in the adoption process. The Department of Justice will review the application for completeness and legality before proceeding with the next steps. According to Article 33 of the 2010 Law on Adoption, the Department of Justice is responsible for receiving, verifying, and ensuring the validity of the adoption dossier.

Verification and Interview Process

The Department of Justice, in coordination with relevant agencies, will conduct verification, review the dossier, and interview the adoptive parents, the child to be adopted, and other related individuals. According to Articles 33 and 34 of the 2010 Law on Adoption, the verification process consists of the following steps:

Dossier Review:

• The competent authority will check the completeness and validity of the submitted documents.

• If the dossier is incomplete or invalid, the applicant will be required to supplement or correct the documents.

Gathering Opinions from Relevant Individuals:

• The competent authority will seek opinions from the biological parents or the child’s legal guardian (if applicable).

• If the child is nine years old or older, their consent to the adoption will also be required.

Interview with the Adoptive Parents:

The competent authority will interview the prospective adoptive parents to evaluate:

• Their financial stability and living conditions.

• Their health status.

• Their moral character.

• Their ability to care for and raise the adopted child.

Decision on Adoption Approval

Once the verification and interview process is completed, the competent authority will issue a decision regarding the adoption. This process includes the following steps:

• Issuance of the Adoption Decision: If the dossier, verification, and interviews meet all legal requirements, the competent authority will issue an adoption approval decision.

• Registration of the Adoption:

  • The adoption approval decision will be registered with the relevant authority.

  • This registration officially establishes the legal rights and obligations between the adoptive parents and the adopted child.

• Issuance of the Adoption Certificate: After the registration, the competent authority will issue an Adoption Certificate to the adoptive parents.

After these steps are completed, if all conditions are met, the Department of Justice will submit the adoption decision to the Provincial People’s Committee for final approval. According to Articles 37 and 38 of the 2010 Law on Adoption, this decision will be recorded in the Adoption Certificate and sent to all relevant parties.

Timeframe and Costs for Completing the Adoption Process

Processing Time

The processing time for adoption typically ranges from 3 to 6 months, depending on the specific case. This period includes:

• Submission of the application

• Verification and interviews

• Issuance of the adoption decision

Applicable Fees

According to Decree 114/2016/ND-CP and Circular 12/2011/TT-BTP, the fees related to adoption include:

Domestic Adoption Registration Fee:

• 400,000 VND per case

• Paid at the Commune People’s Committee where the adoptive parent or the adopted child is registered as a permanent resident.

Intercountry Adoption Registration Fee:

• For overseas Vietnamese or foreign nationals residing abroad: 9,000,000 VND per case

• For foreign nationals residing in Vietnam or border areas adopting a child from a border region: 4,500,000 VND per case

• For overseas Vietnamese adopting a Vietnamese child also residing abroad: 150 USD per case

Additional Costs

• Expenses for the care and education of the child from the time of referral until the adoption process is completed.

• Compensation for staff at childcare facilities.

• Other administrative costs, including notarization and legalization of documents.

To ensure a smooth adoption process, the adoptive parents must prepare for these fees, covering both registration and child-rearing expenses from the time of referral.

Rights and Responsibilities of Adoptive Parents

Rights of the Adopted Child and Adoptive Parents

• The adopted child has the right to be cared for, nurtured, and educated as a biological child.

• The adoptive parents have the legal rights and obligations to provide for the child’s health, education, and overall well-being.

• The child is entitled to inheritance rights and other legal protections under Vietnamese law.

Responsibilities After Completing the Adoption Process

Once the adoption process is finalized, the adoptive parents must fulfill all legal and ethical obligations, including:

Regular Reporting on the Child’s Development

As per Article 39 of the 2010 Adoption Law:

• For three years after the adoption, the adoptive parents must submit semi-annual reports to the Ministry of Justice (MOJ) and the Vietnamese diplomatic mission in the child's country of residence.

• These reports must detail the child's physical and mental health, integration into the family, and adaptation to the new environment.

Methods of Submission (According to Joint Circular 03/2016/TTLT-BTP-BNG-BCA-BLĐTBXH)

• Reports can be submitted via mail, fax, or email (scanned documents) using Form TP/CN-2014/CNNNg.07.

• Parents can submit directly or through an authorized foreign adoption agency.

• If urgent information about the child is required, the foreign adoption agency must provide updates upon request from the Ministry of Justice.

Why Reporting is Important?

This monitoring system ensures that the child receives proper care, education, and integration into their new family. It also protects the child's rights and prevents any risk of neglect or mistreatment after adoption.

Frequently Asked Questions About Foreign Adoption in Vietnam

Special Case: Is a Permit Required from the Adopting Person’s Country?

According to Article 14 of the 2010 Law on Adoption, foreigners who wish to adopt a child in Vietnam must obtain a permit from the competent authority of their country of habitual residence. This requirement ensures that the adoption does not violate the laws of that country and that the adopter meets the necessary conditions to care for the child.

Procedures for Children with International Elements

For children with international elements, the adoption process may be more complex and must comply with the regulations of both Vietnam and the adopter’s country. This includes ensuring the rights and obligations of the child in accordance with international legal provisions.

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