Adoption Laws in Vietnam for Foreign Residents

1. Introduction

Adoption in Vietnam for foreigners is a complex legal process that requires adoptive parents to strictly comply with legal regulations to ensure the best interests of the child. Therefore, understanding the rules and laws related to adoption is crucial for adoptive parents, especially foreigners, to ensure a smooth and legal adoption process.

2. Legal Requirements for Adoption in Vietnam

Conditions for Foreigners

Foreigners residing abroad and those residing in Vietnam must meet the conditions specified in Article 14 of the Law on Adoption, which include:

• Full civil act capacity;
• At least 20 years older than the adoptee;
• Sufficient health, financial conditions, and accommodation to ensure the care, nurturing, and education of the adoptee;
• Good moral character;
• Not falling into the following cases: Serving administrative sanctions at an educational institution, or a medical treatment facility; Serving a prison sentence; Not yet having their criminal record cleared for certain crimes such as trafficking, swapping, or appropriating children.

Additionally, foreigners residing abroad must also meet the legal conditions of the country where they reside.

Conditions for the Adoptee

According to Article 8 of the Law on Adoption, the following are eligible for adoption:

• Children under 16 years old;
• Persons aged 16 to under 18 if they fall into one of the following cases:
  • Being adopted by a stepfather or stepmother;
  • Being adopted by an aunt, uncle, or biological cousin.
• A person can only be adopted by one single individual or by a married couple.
• The state encourages the adoption of orphans, abandoned children, and other children in special circumstances.

3. Adoption Process and Procedures

3.1 Documents of the Adoptive Parent

For Foreigners Residing Abroad

According to Clause 1, Article 31 of the Law on Adoption, the required documents include:

• Adoption application;
• Passport or equivalent documents (copy);
• A document permitting the adoption of a child in Vietnam;
• Psychological and family assessment report;
• Health certificate;
• Income and asset verification;
• Criminal record certificate;
• Marriage status certificate;
• Documents proving eligibility for designated adoption (if any).

The documents for foreigners residing abroad who wish to adopt a child in Vietnam must be prepared, issued, or certified by the competent authority of the country where the adoptive parent resides.

For Foreigners Residing in Vietnam

According to Article 17 of the Law on Adoption, the required documents include:

• Adoption application;
• Copy of Passport, Identity Card, or equivalent documents;
• Criminal record certificate;
• Marriage status certificate;
• Health certificate issued by a district-level or higher healthcare facility;
• A document verifying family circumstances, accommodation conditions, and financial status issued by the People’s Committee of the commune where the adoptive parent resides, except in cases where the stepfather adopts his wife’s biological child, the stepmother adopts her husband’s biological child, or an aunt, uncle, or biological cousin adopts a niece or nephew.

3.2 Documents of the Child Introduced for Adoption

• Documents required for a child introduced for domestic adoption;
• A document detailing the child’s characteristics, preferences, and notable habits;
• Documents proving efforts to find a domestic replacement family for the child were unsuccessful.

Note: Foreign authorities must legalize documents they issue, prepare, or certify for use in Vietnam unless an international treaty exempts them.

4. Adoption Process

For Foreigners Residing in Vietnam

Step 1:

Submit the adoption application The adoptive parent submits the corresponding application to the Department of Justice where the child introduced for adoption resides. *The fee for foreigners residing in Vietnam adopting a Vietnamese citizen is VND 4,500,000 per case (Article 6 of Decree No. 114/2016/ND-CP).

Step 2:

Document verification and investigation Within 20 days from the date of receipt of a complete and valid application, the Department of Justice is responsible for checking the documents, obtaining the opinions of the biological parents or guardians, and the child being adopted if they are 9 years old or older.

Step 3:

Decision issuance Within 15 days from the date of receipt of the application submitted by the Department of Justice, the provincial People’s Committee decides whether to allow the foreigner residing in Vietnam to adopt the child; if rejected, they must notify the adoptive parent in writing, stating the reasons.

Step 4:

Handing over the child Immediately after the decision of the provincial People’s Committee, the Department of Justice registers the adoption according to the law on civil registration and organizes a ceremony for handing over the child for adoption. If the adoptive parent does not come to receive the child without a valid reason, the provincial People’s Committee will cancel the decision to allow the foreigner residing in Vietnam to adopt the child.

For Foreigners Residing Abroad

According to Articles 33 to 38 of the Law on Adoption, the procedure for foreigners residing abroad to adopt a child in Vietnam includes:

Step 1: Submit the Adoption Application

To begin the process, the adoptive parent must submit the corresponding application to the Department of Justice where the child introduced for adoption resides. For foreigners residing abroad, the fee for adopting a Vietnamese citizen is VND 9,000,000 per case (Article 6 of Decree No. 114/2016/ND-CP).

Step 2: Document Verification and Investigation

Within 20 days of receiving a complete and valid application, the Department of Justice will check the documents and obtain opinions from relevant parties regarding the child’s adoption abroad. If the child qualifies for international adoption, the Department of Justice will provide confirmation and forward the file to the Ministry of Justice.

Step 3: Ministry of Justice Verification and Document Transfer

Responsibility for processing the adoptive parent’s documents lies with the Ministry of Justice, which will complete this task within 15 days of receiving a valid application. Should no domestic family be found for the child after the designated period, the file will be sent back to the Department of Justice for consideration and introduction for international adoption. In designated adoption cases specified in Clause 2, Article 28 of this law, the Ministry will transfer the file to the appropriate Department of Justice to submit to the provincial People’s Committee for consideration and decision.

Step 4: Decision Issuance

A decision on the adoption must be made by the provincial People’s Committee within 15 days of receiving the application from the Department of Justice. Following the decision, the adoptive parent will be notified to travel to Vietnam to complete the adoption procedures. It is essential for them to be present in Vietnam within 60 days of notification to personally receive the child.

Step 5: Handing Over the Child

The Department of Justice will register the adoption according to civil registration laws and will organize a ceremony for handing over the child at its office. Both parties and a representative of the Department of Justice must sign or fingerprint a written record of this handover. Afterwards, the Ministry of Justice will notify the Ministry of Foreign Affairs to inform Vietnam’s diplomatic mission abroad about the adoption, ensuring that protective measures are taken if necessary.

5. Key Laws and Regulations on Adoption

Adoption in Vietnam is governed by the 2010 Law on Adoption and related regulations, which outline the conditions and procedures for individuals or couples to adopt a child. Foreigners must adhere to specific legal status, residency, and age requirements. The law also defines the rights of the adopted child, ensuring protection and care in a safe environment. Vietnam is a member of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, which establishes standards to prevent child trafficking and ensure transparency in international adoption. Additional agreements with countries like France and Italy further influence this process. Together, national laws and international treaties ensure that adoption in Vietnam meets both domestic and global child protection standards.

6. Challenges and Considerations

Common challenges for foreign adoptive parents:

Suggestions for overcoming legal and administrative challenges:

Work with a lawyer:

Seek assistance from a lawyer experienced in adoption in Vietnam. A lawyer can help explain the legal requirements and guide the adoptive parents throughout the process.

Research Vietnamese law:

Adoptive parents should spend time thoroughly understanding the regulations and procedures related to adoption in Vietnam to be aware of their rights and obligations.

Seek support from non-governmental organizations:

Non-governmental organizations or family support organizations can provide resources, guidance, and connections to assist adoptive parents in the adoption process.

Prepare for cultural integration:

Adoptive parents should prepare to integrate into Vietnamese culture by learning the language, customs, and cultural values to foster a closer bond with the adopted child.

Conclusion

Adoption in Vietnam, especially for foreigners, is a complex legal process requiring a clear understanding of regulations and careful preparation. Foreign adoptive parents need to comply with Vietnamese law, respect the child’s best interests, and prepare for cultural integration challenges. With proper legal guidance and careful preparation, adoption can be a successful and rewarding experience.

• Harley Miller Law Firm “HMLF”
• Address: 14th floor, HM Town Building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
• Phone: +84 937215585
• Website: hmlf.vn
• Email: miller@hmlf.vn