Quyết định 142/2000/QD-TTg

DECISION

ISSUING THE REGULATION ON THE IMPLEMENTATION OF THE AGREEMENT ON CHILD ADOPTION COOPERATION BETWEEN THE SOCIALIST REPUBLIC OF VIETNAM AND THE REPUBLIC OF FRANCE

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Law on the Promulgation of Legal Documents of November 12, 1996;
Pursuant to the Marriage and Family Law (No. 22/2000/QH10) of June 9, 2000;
Pursuant to the Ordinance (No. 07/1998/PL-UBTVQH10) on the Conclusion and Implementation of International Agreements of August 20, 1998 of the National Assembly Standing Committee and the Government’s Decree No. 161/1999/ND-CP of October 18, 1999 detailing the implementation of a number of articles of the Ordinance on the Conclusion and Implementation of International Agreements;
Pursuant to the State President’s Decision No. 120/QD-CTN of July 14, 2000 ratifying the Agreement on Child Adoption Cooperation between the Socialist Republic of Vietnam and the Republic of France;
At the proposals of the Minister of Justice, the Minister for Foreign Affairs and the Minister of Public Security,

DECIDES:

Article 1.- To issue together with this Decision the Regulation on the implementation of the Agreement on Child Adoption Cooperation between the Socialist Republic of Vietnam and the Republic of France.

Article 2.- This Decision takes effect 15 days after its signing. The Government Office’s Official Dispatch No. 2077/VPCP-PC of May 15, 1999 notifying the Prime Minister’s opinion on suspending the receipt of dossiers from French citizens and permanent residents in France applying for adoption of Vietnamese children now ceases to be effective.

The Minister of Justice shall direct the prioritized settlement of dossiers of application for child adoption filed by French citizens and permanent residents in France, which remain unsettled due to the execution of the suspension decision mentioned in paragraph 1 of this Article.

Article 3.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decision.

REGULATION

ON THE IMPLEMENTATION OF THE AGREEMENT ON CHILD ADOPTION COOPERATION BETWEEN THE SOCIALIST REPUBLIC OF VIETNAM AND THE REPUBLIC OF FRANCE
(Issued together with the Prime Minister’s Decision No. 142/2000/QD-TTg of December 11, 2000)

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of application

This Regulation applies to the implementation of the Agreement on Child Adoption Cooperation between the Socialist Republic of Vietnam and the Republic of France (hereinafter called the Agreement).

Article 2.- Principles for the settlement of child adoption and the law application

1. The settlement of child adoption must serve the humanitarian purposes as well as the best interests of children and the respect for their fundamental rights.

It is strictly forbidden to take advantage of the recommendation of children for adoption and the settlement of child adoption for the purposes of trafficking, profit-seeking or other purposes contrary to laws and social morality.

2. The processing of dossiers filed by French citizens and foreigners permanently residing in France, including cases where they are residing temporarily outside France for a definite term, (hereinafter called the adopters) applying for the adoption of children who are Vietnamese citizens residing in Vietnam must comply with the provisions of the Agreement and other relevant provisions of the Vietnamese legislation.

Where the Agreement contains provisions on the child adoption-settling order and procedures different from the provisions of the Vietnamese legislation, such provisions of the Agreement shall apply.

Article 3.- Children to be recommended for adoption

Children who may be recommended and permitted for adoption and according to this Regulation are those who are staying at the children-rearing establishments lawfully set up in the provinces and centrally-run cities.

In cases where a child is orphaned or disabled and the adopter previously adopted his/her natural sibling(s), or for other humanitarian reasons approved by the Ministry of Justice, the adopter shall be permitted to ask for the adoption of the very child from his/her family.

Chapter II

ORDER AND PROCEDURES FOR HANDLING CHILD ADOPTION APPLICATION DOSSIERS

Article 4.- Child adoption application dossiers

1. Child adoption application dossiers must be compiled in accordance with the Agreement. Foreign-language papers in a child adoption application dossier must be translated into Vietnamese and the translations be authenticated by the Vietnamese Embassy in France.

2. Child adoption application dossiers must be sent by the French International Mission for Child Adoption to the Ministry of Justice via diplomatic channels. For cases authorized by the French International Mission for Child Adoption and consented by the Ministry of Justice, the dossiers may be sent via French organizations already licensed to operate in the field of child adoption in Vietnam.

3. Basing itself on the Agreement and the Vietnamese legislation on child adoption, the Ministry of Justice shall reach agreement with the French International Mission for Child Adoption on the kinds of papers needed for a child adoption application dossier.

Article 5.- Receipt and processing of child adoption application dossiers at the Ministry of Justice

Within 7 days from the date of receipt of the child adoption application dossiers prescribed in Clause 2, Article 4 of this Regulation, the Ministry of Justice shall consider and check thoroughly such dossiers. If deeming that the dossiers are complete and valid, the Ministry of Justice shall send official dispatches to the People’s Committees of the provinces or centrally-run cities (hereinafter called the provincial-level People’s Committees) requesting the latter to recommend children for adoption; these official dispatches shall be duplicated and sent to the French International Mission for Child Adoption.

Where a dossier is incomplete or invalid, the Ministry of Justice shall request the French International Mission for Child Adoption to supplement and complete it.

Article 6.- Procedures for recommendation of children by the children-rearing establishments

1. Within 45 days after receiving the written requests from the Ministry of Justice as provided for in Article 5 of this Regulation, the provincial-level People’s Committees shall have to direct the provincial/municipal Justice Services to identify children suitable to the aspirations of the adopters and make replies to the Ministry of Justice. Where there are children for recommendation, they shall make written replies enclosed with the children’s dossiers; if there are no children suitable to the aspirations of the adopters, they shall also reply soon to the Ministry of Justice for notification to the adopters.

Children recommended for adoption must be children who are staying at the children-rearing establishments lawfully set up in the provinces or centrally-run cities, who meet all the conditions for adoption as prescribed by law and have clear backgrounds as well as complete and valid dossiers.

2. Procedures for identification of children and compilation of their dossiers are prescribed as follows:

a/ Within 20 days after receiving the written requests from the provincial/municipal Justice Services, the children-rearing establishments shall have to identify children to be recommended for adoption and compile two sets of dossier for each child under the guidance of the Ministry of Justice. Where authorized in writing by the adopter, the French organization already licensed to operate in the field of child adoption in Vietnam shall be allowed to make first contacts with the children and may take the children for supplementary health check-ups if so agreed by the heads of the rearing establishments; the costs related to the supplementary health check-ups shall be covered by the adopters;

b/ Within 10 days after receiving the written recommendations from the rearing establishments and the children’s dossiers, the provincial/municipal Justice Services shall have to consider and check the dossiers thoroughly. If deeming that the children’s dossiers are complete and valid, they shall send written reports to the presidents of the provincial-level People’s Committees for authorization to report the results to the Ministry of Justice, enclosed with one dossier set of each child.

Where a child’s dossier is incomplete or invalid or deeming the child’s background is unclear, the provincial/municipal Justice Service shall request the rearing establishment to supplement and complete the dossier or coordinate with the provincial police in verifying the child’s background. The time limit prescribed for this work shall not exceed 10 days.

Article 7.- Procedures for recommendation of children from their families

Where the adopter wishes to adopt a particular child from his/her family in accordance with the provisions in Article 3 of this Regulation, the provincial-level People’s Committee shall direct the provincial/municipal Justice Service to guide the natural parents or guardian to compile two dossier sets for the child under the guidance with the Ministry of Justice.

The consideration and checking of the child’s dossier and the notification of the result to the Ministry of Justice shall comply with the provisions at Point b, Clause 2, Article 6 of this Regulation.

The time limit for recommendation of children from their families shall be 30 days as from the date of receipt of the written requests of the Ministry of Justice as provided for in Article 5 of this Regulation.

Article 8.- Transfer of child adoption application dossiers to the provincial-level People’s Committees and notification to the adopters

1. Within 7 days after receiving the recommendation results and the children’s dossiers sent by the provincial/municipal Justice Services under the authorization of the presidents of the provincial-level People’s Committees, the Ministry of Justice shall consider and scrutinize such dossiers again. If deeming that the dossiers are complete and valid and that the children recommended for adoption meet all adoption conditions prescribed by law, the Ministry of Justice shall send official dispatches enclosed with one dossier set of each adopter to the provincial-level People’s Committees for settlement; such official dispatches shall be duplicated and sent to the French International Mission for Child Adoption.

2. Within 7 days after receiving the adopters’ dossiers from the Ministry of Justice, the provincial-level People’s Committees shall assign the provincial/municipal Justice Services to notify such in writing directly or through the French organizations already licensed to operate in the field of child adoption in Vietnam to the adopters.

Article 9.- Completion of the procedures for permission of the child adoption and receipt of adopted children at the provincial-level People’s Committees

1. Within 90 days after receiving the written notifications from the provincial/municipal Justice Services, the adopters must be in Vietnam to complete the child adoption procedures. If due to some objective reasons they cannot come to Vietnam within this time limit, they may ask the provincial/municipal Justice Services to grant an extension but the total time must not exceed 6 months.

2. Within 5 days after the adopters come to the provincial/municipal Justice Services, pay the child adoption registration fee according to the law provisions and sign the written commitments to report the development of the adopted children for supplement to the child adoption application dossiers, the provincial/municipal Justice Services shall complete the child adoption dossiers and submit them to the provincial-level People’s Committee presidents for signing of the decisions to permit the child adoption.

Within 7 days after receiving the reports together with the child adoption dossiers from the provincial/municipal Justice Services, the presidents of the provincial-level People’s Committees shall consider and sign the decisions to permit the child adoption.

Within 7 days after the presidents of the provincial-level People’s Committees sign the decisions to permit the child adoptions, the provincial/municipal Justice Services shall organize ceremonies for the hand-over and receipt of the adopted children according to the law provisions, hand over to the adoptive parents the original decisions to permit the child adoption and the original minutes on the hand-over and receipt of the adopted children as well as the civil status papers of the adopted children under the guidance of the Ministry of Justice.

Article 10.- Notification of the decisions to permit the child adoption

1. Within 7 days from the date of the hand-over and receipt of an adopted child, the provincial/municipal Justice Service shall send to the Ministry of Justice the copy of the decision on the child adoption, the minutes of the hand-over and receipt of the adopted child and the adoptive parents’ written commitment to report on the development of the adopted child, which shall be added up to the child adoption application dossier for archival and general monitoring. At the same time, the provincial/municipal Justice Service shall send a copy of the decision on the child adoption to the People’s Committee of the locality where the child’s birth is registered for completion of the procedures to make a note on the child adoption registration.

2. Quarterly, the Ministry of Justice shall draw up lists of decisions on child adoption settled throughout the country under this Agreement, and decisions on adopted children sent by the French courts to the Ministry for Foreign Affairs for the performance of the task stated in Clause 2, Article 12 of this Regulation.

Chapter III

RESPONSIBILITIES OF THE BODIES AND THE MECHANISM OF COORDINATION IN PROCESSING CHILD ADOPTION APPLICATION DOSSIERS

Article 11.- Responsibilities of the Ministry of Justice

The Ministry of Justice, being the central body of the Vietnamese side as provided for in Article 2 of the Agreement, shall act as the key body in the implementation of the provisions of the Agreement and have the following tasks and powers:

1. To promulgate documents guiding the implementation of the provisions of this Regulation;

2. To direct and guide the provincial-level People’s Committees in processing dossiers on the adoption of Vietnamese children.

3. To set up and lead the Vietnamese inter-branch working team for participation in the Vietnam-France joint working team according to the provisions in Article 20 of the Agreement.

4. To issue operation licenses to qualified French organizations for their operation for humanitarian and non-profit purposes in the field of child adoption in Vietnam so as to perform the tasks authorized by the French International Mission for Child Adoption and assist the adopters in completing the child adoption procedures; to manage activities of French organizations already licensed to operate in the field of child adoption in Vietnam;

5. To ensure that the child adoption application dossiers comply with the provisions in Clause 3, Article 10 of the Agreement and this Regulation, and take responsibility for such dossiers.

6. To make annual reports to the Prime Minister on the implementation of the Agreement and this Regulation.

Article 12.- Responsibilities of the Ministry for Foreign Affairs

The Ministry for Foreign Affairs shall coordinate with the Ministry of Justice and the competent Vietnamese bodies in implementing the Agreement and have the following tasks and powers:

1. To handle external matters arising in the course of implementing the Agreement;

2. To direct the Vietnamese Embassy in France to recommend the contents of the Agreement, this Regulation and relevant legal documents of Vietnam on child adoption; to guide the adopters to complete the dossiers of application for adoption of Vietnamese children; to facilitate the procedures for the translation of such dossiers and the authentication of their translations as well as the procedures for the adopters to enter Vietnam; to closely coordinate with the domestic bodies in protecting the legitimate rights and interests of adopted Vietnamese children in France.

Article 13.- Responsibilities of the Ministry of Public Security

The Ministry of Public Security shall coordinate with the Ministry of Justice and the competent Vietnamese bodies in implementing the Agreement, and have the following tasks and powers:

1. To direct the provincial/municipal police agencies to, when requested, closely coordinate with the provincial/municipal Justice Services in checking dossiers and verifying the backgrounds of children recommended for adoption; to issue passports in time and create favorable conditions for children who have been permitted by the presidents of the provincial-level People’s Committees for adoption to exit Vietnam;

2. To take measures to prevent and combat acts of taking advantage of recommending children for adoption and settling the child adoption for the purposes of trafficking in children, seeking profits, and other illegal acts in the child adoption;

3. To coordinate with the Ministry of Justice in managing the French organizations already licensed to operate in the field of child adoption in Vietnam;

4. To perform other tasks and powers in the field of child adoption involving foreigners according to law provisions.

Article 14.- Responsibilities of the ministries, the ministerial-level agencies and the agencies attached to the Government

The ministries, the ministerial-level agencies and the agencies attached to the Government shall, within the scope of their respective tasks and powers, have to coordinate with the Ministry of Justice, the Ministry for Foreign Affairs and the Ministry of Public Security in implementing the Agreement and this Regulation.

Article 15.- Responsibilities of the provincial-level People’s Committees

The provincial-level People’s Committees of the localities where the establishments rearing the children recommended for adoption are based or where the children to be adopted reside, shall act as the bodies competent to decide the permission of child adoption as provided for in Clause 1, Article 7 of the Agreement and have to implement the relevant provisions of the Agreement and perform the following tasks and powers:

1. To receive dossiers of the adopters from the Ministry of Justice; to direct the provincial/municipal Justice Services to coordinate with the provincial/municipal police agencies and the children-rearing establishments in processing the dossiers, ensuring that the child adoption be effected in the humanitarian spirit and in the best interests of children;

2. To designate the qualified children-rearing establishments located within their respective provinces or centrally-run cities to recommend children for adoption;

3. To ensure that the dossiers of children recommended for adoption comply with all the provisions in Clause 1, Article 11 of the Agreement and this Regulation and to take responsibility for such dossiers;

4. To decide the permission of child adoption according to Clause 1, Article 7 of the Agreement and direct the provincial/municipal Justice Services to organize the hand-over and receipt of adopted children according to law provisions;

5. To manage the activities carried out in their respective provinces or centrally-run cities by the French organizations already licensed to operate in the field of child adoption in Vietnam.

In performing the above-mentioned tasks and powers, the provincial-level People’s Committees shall have to submit themselves to the professional direction and guidance of the Ministry of Justice and the concerned ministries and branches.

Article 16.- Responsibilities of children-rearing establishments

The children-rearing establishments designated by the provincial-level People’’s Committees to recommend children for adoption shall have:

1. To coordinate with the provincial/municipal Justice Services in recommending eligible children for adoption; make periodical reports on the recommendation of children for adoption and send them to the provincial/municipal Services of Labor, War Invalids and Social Affairs and the bodies that have issued decisions to set up the establishments;

2. To ensure that the children recommended for adoption meet all the adoption conditions prescribed by law, have clear backgrounds as well as complete and valid dossiers.

3. To create conditions for adoptive parents and French organizations already licensed to operate in the field of child adoption in Vietnam to contact the children and complete the necessary procedures for child adoption according to law provisions.

Article 17.- Responsibilities of the inter-branch working team

1. The inter-branch working team shall be set up by decision of the Minister of Justice, composed of representatives who are departmental leaders of the Ministry of Justice, the Ministry of Public Security, the Ministry for Foreign Affairs and other concerned agencies, and headed by a Vice Minister of Justice.

2. The inter-branch working team shall have the following powers and tasks:

a/ To coordinate activities among the concerned ministries and branches for the implementation of the Agreement and solve problems arising in the course of implementing the Agreement and this Regulation;

b/ To prepare annual reports on the implementation of the Agreement and this Regulation, which shall be presented by the Minister of Justice to the Prime Minister;

c/ To periodically inspect the implementation of the Agreement and this Regulation in the localities;

d/ To participate in the activities of the Vietnam-France joint working team and perform the tasks defined in Clause 2, Article 20 of the Agreement.

Article 18.- Responsibilities of the French organizations licensed to operate in the field of child adoption in Vietnam

1. The French organizations licensed to operate in the field of child adoption in Vietnam shall have the following obligations and powers:

a/ To strictly abide by the Vietnamese laws; respect the Vietnamese customs and practices;

b/ To operate in compliance with the contents and scope already prescribed in their licenses;

c/ To urge and remind the adopters to fulfill their commitments to report on the development of their adopted children;

d/ To make bi-annual reports to the Ministry of Justice on their operations in Vietnam; concurrently to report and supply documents or explain questions related to their operations to the Ministry of Justice, when so requested;

e/ At the end of every fiscal year, to send financial settlement reports to the Ministry of Justice;

f/ To be entitled to rent working offices, recruit Vietnamese employees to work for them according to the provisions of the Vietnamese legislation;

2. The persons authorized to act as their representatives in Vietnam shall take responsibility for all activities of their organizations in Vietnam.

3. The Ministry of Justice shall stipulate the dossiers and procedures for the French child adoption organizations to apply for licenses to operate in Vietnam.

Chapter IV

HANDLING OF VIOLATIONS

Article 19.- Handling of violations

1. Those who abuse their positions and powers in the settlement of child adoption in contravention of this Regulation and other law provisions shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability according to law provisions.

2. Those who commit acts of violating this Regulation and other law provisions; take advantage of the recommendation of children for adoption and the settlement of child adoption for the purposes of exploitation of child labor, sexual abuse or child trafficking or for other profit-seeking purposes, shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability according to law provisions.