Thông tư 15/2014/TT-BTP

CIRCULAR

GUIDING THE FINDING OF ALTERNATIVE FAMILIES OVERSEAS FOR CHILDREN WITH DISABILITIES, CHILDREN WITH SERIOUS DISEASES, CHILDREN AGED 5 OR OLDER AND TWO OR MORE CHILDREN BEING SIBLINGS WHO NEED ALTERNATIVE FAMILIES (*)

Pursuant to the June 17, 2010 Law on Adoption;

Pursuant to the Government’s Decree No. 19/2011/ND-CP of March 21, 2011, detailing a number of articles of the Law on Adoption;

Pursuant to the Government’s Decree No.22/2013/ND-CP of March 13, 2013, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

At the proposal of the General Director of the Adoption Department;

The Minister of Justice promulgates the Circular guiding the finding of alternative families overseas for children with disabilities, children with serious diseases, children aged 5 or older, and two or more children being siblings who need alternative families.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

This Circular guides the finding of alternative families overseas for children with disabilities, children with serious diseases, children aged 5 or older and two or more children being siblings who need alternative families (below referred to as children with special care needs).

Article 2. Children with disabilities or serious diseases entitled to specific adoption

Children with disabilities or serious diseases entitled to specific adoption include:

1. Children with disabilities or serious diseases specified in Clause 1, Article 3 of the Government’s Decree No. 19/2011/ND-CP of March 21, 2011, detailing a number of articles of the Law on Adoption.

2. Children with disabilities or serious diseases for whom adoption opportunities are limited under Clause 1, Article 3 of Decree No. 19/2011 /ND-CP, including children with hepatitis B or c, syphilis or tuberculosis; children with only one ear or without earhole or without helix; children with nystagmus, cataract or retinal detachment; children without arm or leg, children with extra, missing or joined finger or toe; children with hypothyroidism; children with esophageal atresia; children with anal stenosis or hypertrophy; children with atopic dermatitis; children with asthma; children with cerebral diseases; children with Down syndrome; children with mental retardation and motor deficit, children with autism; children with epilepsy; children with cryptorchidism; children with myotonic muscular dystrophy; and children with other hernia.

3. Children with diseases requiring lifelong treatment, children with other serious diseases as determined by doctors specialized in such diseases; and children with other disabilities for whom adoption opportunities are limited.

Chapter II

PROCEDURES FOR FINDING ALTERNATIVE FAMILIES OVERSEAS FOR CHILDREN WITH SPECIAL CARE NEEDS

Article 3. Listing and dossiers of children with special care needs and seek for alternative families overseas

1. When receiving or caring and nurturing children, nurturing establishments shall make lists of children specified in Article 2 of this Circular, children aged 5 or older or two or more children being siblings together with their dossiers and consult provincial-level Labor, War Invalids and Social Affairs Departments before sending them to provincial-level Justice Departments.

2. Within 7 working days after receiving a list of children with special care needs and their dossiers, a provincial-level Justice Department shall send them to the Adoption Department of the Ministry of Justice (below referred to as the Adoption Department) for the latter to request foreign adoption offices to support in specialized medical examination and health care and find alternative families overseas for children.

3. For children with disabilities or serious diseases who are specifically adopted by overseas Vietnamese or foreign residents overseas under Point d, Clause 2, Article 28 of the Law on Adoption, provincial-level Justice Departments shall guide natural parents or guardians of these children in making their dossiers and submitting them to provincial-level Justice Departments.

Article 4. Support in health care and specialized medical examination for children with special care needs who find alternative families overseas

1. Foreign adoption offices shall notify the Adoption Department of their support programs on health care and specialized medical examination for children with disabilities and serious diseases, psychological counseling and preparation of other necessary conditions for children aged 5 or older or two or more children being siblings. These programs must clearly describe the capacity to support children in terms of diseases and disabilities, special needs of children aged 5 or older, and children being siblings, qualifications of staff members in charge, preparatory work for adopters and measures to monitor developments of adopted children.

2. When receiving lists of children with special care needs together with their dossiers from provincial-level Justice Departments, based on support programs of foreign adoption offices, the Adoption Department shall request these offices to support specialized medical examination and health care for children, give psychological counseling and prepare necessary conditions for older children or children being siblings to be adopted.

Article 5. Finding of alternative families overseas for children with special care needs

1. While providing specialized medical examination and health care support for children with disabilities and with serious diseases, giving psychological counseling and preparing necessary conditions for children aged 5 or older or two or more children being siblings who need alternative families at the request of the Adoption Department, foreign adoption offices shall find families wishing and meeting conditions to adopt children.

2. When finding alternative families overseas for children, foreign adoption offices shall provide full and detailed information on the disabilities, diseases and special care needs of children and their family circumstances and psychological and social conditions for adopters to thoroughly consider their capacity to care for and nurture children before submitting adoption dossiers.

Article 6. Dossiers of children with special care needs who find alternative families overseas

A dossier of a child with special care needs who finds an alternative family overseas must comprise the papers specified in Article 32 of the Law on Adoption and Clause 1, Article 14 of Decree No. 19/2011/ND-CP and contain papers proving the child’s disabilities or diseases and special care needs.

Article 7. Consultation of related persons and verification of origin of children with special care needs who find alternative families overseas

1. Within 7 working days after receiving dossiers from nurturing establishments and concurrently sending the dossiers to the Adoption Department under Clause 2, Article 3 of this Circular, provincial-level Justice Departments shall examine children dossiers, consult natural parents or guardians about intercountry adoption of their children under Clause 1, Article 15 of Decree No. 19/2011/ND-CP and request provincial-level Public Security Departments to verify the origin of abandoned children. Provincial-level Justice Departments’ written request for verification must clearly state the priority in verification for children with special care needs to ensure their best interests.

2. A provincial-level Public Security Department’s written verification must clearly conclude the origin of an abandoned child whose parents are unknown under Clause 1, Article 16 of Decree No. 19/2011 /ND-CP. In case the natural parents of a child are identified, the written verification must clearly state their full names and places of residence for the provincial-level Justice Department to consult them about intercountry adoption of their child.

3. For children with disabilities or serious diseases entitled to specific adoption under Point d, Clause 2, Article 28 of the Law on Adoption, within 7 working days after receiving then dossiers from natural parents or guardians, provincial-level Justice Departments shall examine these dossiers and consult natural parents or guardians about intercountry adoption of their children under Clause 1, Article 15 of Decree No. 19/2011/ND-CP.

Article 8. Certification of eligibility for intercountry adoption of children with special care needs

1. Within 7 working days after the deadline for natural parents or guardians to change their mind about intercountry adoption of their children under Clause 2, Article 15 of Decree No. 19/2011/ND-CP if the children are eligible for intercountry adoption and entitled to specific adoption, provincial-level Justice Departments shall certify in writing their eligibility for intercountry adoption.

2. Before certifying children’s eligibility for intercountry adoption, if the children’s health records do not clearly show their disabilities or diseases, provincial-level Justice Departments shall request the children’s nurturing establishments or natural parents or guardians to supplement such records and consult doctors specialized in the children’s disabilities or diseases.

3. For abandoned children, provincial-level Justice Departments shall certify in writing theft eligibility for intercountry adoption within 7 working days after receiving written verifications of the origin of abandoned children from provincial-level Public Security Departments.

4. After certifying children’s eligibility for intercountry adoption, provincial-level Justice Departments shall send documents to the Adoption Department together with records of consultations about child adoption and written verifications of the origin of abandoned children of provincial-level Public Security Departments.

5. For children with disabilities or serious diseases entitled to specific adoption under Point d, Clause 2, Article 28 of the Law on Adoption, provincial-level Justice Departments shall send their dossiers to the Adoption Department after certifying the children’s eligibility for intercountry adoption.

Article 9. Dossiers of foreigners adopting specific children with special care needs

1. A dossier of a foreigner adopting a specific child with special care needs must comprise the papers specified in Clause 1, Article 31 of the Law on Adoption and Article 13 of Decree No. 19/2011/ND-CP.

2. An adoption dossier must clearly state that the adopter is psychologically ready, eligible in terms of economic and family conditions and planned to care for and nurture the child with special care needs.

3. For a person specifically adopting a child aged over 5 or two or more children being siblings, the dossier must clearly state the plan on psychological preparation and conditions for the child or children to integrate into the new family, cultural and social environment.

Article 10. Submission of dossiers of adoption of children with special care needs

1. Overseas Vietnamese and foreign residents overseas adopting specific children with disabilities or serious diseases under Point d, Clause 2, Article 28 of the Law on Adoption shall submit dossiers to the Adoption Department under Clause 1, Article 17 of Decree No. 19/2011/ND-CP.

2. When finding families wishing to adopt children with special care needs under Article 5 of this Circular, foreign adoption offices shall submit dossiers of adopters to the Adoption Department.

3. Within 30 days after children are certified as eligible for intercountry adoption, foreign adoption offices that have not submitted dossiers under Clause 2 of this Article shall submit dossiers of adopters to the Adoption Department for consideration and decision. In special cases, the time limit for dossier submission may be extended to 60 days.

4. For children having received health care support from foreign adoption offices which, however, cannot find families to adopt these children under Clauses 2 and 3 of this Article, the Adoption Department shall request other foreign adoption offices to find alternative families for these children.

Article 11. Appraisal of dossiers of foreigners adopting specific children with special care needs

1. Within 15 days after receiving complete and valid dossiers under Article 10 of this Circular, the Adoption Department shall appraise dossiers of foreigners adopting specific children with special care needs.

2. Based on children’s disabilities or diseases and special care needs, the Adoption Department shall consider and assess the families’ capacity to meet the special care needs of children to ensure appropriate alternative families overseas for them.

Article 12. Notification of results of finding alternative families overseas for children with special care needs

1. Within 7 working days after approving results of finding alternative families overseas for children with special care needs or after receiving children’s dossiers under Clause 5, Article 8 of this Circular, the Adoption Department shall send notices of approval of specific adoption to the concerned foreign central adoption agency and adopters.

2. Within 30 days after receiving a notice of the Adoption Department, the adopter of a specific child or the foreign adoption office shall send to the Adoption Department the adopter’s written agreement on such adoption and the concerned competent foreign agency’s written permission for the child’s entry into and residence in the country concerned. For children with serious disabilities or diseases for which adopters need time to consult doctors, the time limit for reply may be extended to 60 days.

Article 13. Decisions on intercountry adoption of children with special care needs and delivery and receipt of adopted children

1. Within 7 working days after receiving the document specified in Clause 2, Article 12 of this Circular, the Adoption Department shall forward the adopter’s dossier to the provincial- level Justice Department of the locality of residence of the adopted child for submission to the provincial-level People’s Committee for issuing an adoption decision.

2. Within 7 working days after receiving a dossier from the Adoption Department, the provincial-level Justice Department shall propose the provincial-level People’s Committee to decide on intercountry adoption of a child.

3. Within 7 working days after receiving a dossier from the provincial-level Justice Department, the provincial-level People’s Committee shall decide on intercountry adoption of a child.

4. Within 7 working days after the provincial-level People’s Committee issues a decision, the provincial-level Justice Department shall notify the adopter to come to Vietnam to receive his/her adopted child. Within 30 days after receiving the provincial-level Justice Department’s notice, the adopter must be present in Vietnam to receive in person the adopted child. For a plausible reason, the above time limit may be extended to no more than 60 days.

Article 14. Cancellation of decisions on intercountry adoption of children

1. An adopter may send to the Adoption Department a written request for cancellation of the provincial-level People’s Committee’s decision on intercountry adoption of a child when the child has not left Vietnam if the adopter suddenly contracts a serious disease and thus cannot nurture this child or the adopted child suffers a too serious disease and the adopter is ineligible to nurture this child, or for another plausible reason.

2. The Adoption Department shall send a notice to the provincial-level Justice Department for proposing the provincial-level People’s Committee to consider canceling the decision on intercountry adoption of a child.

Chapter III

IMPLEMENTATION PROVISIONS

Article 15. Effect

This Circular takes effect on July 5, 2014.

Article 16. Implementation responsibility

1. Provincial-level People’s Committees, the Adoption Department, provincial-level Justice Departments, nurturing establishments and foreign adoption offices in Vietnam shall implement this Circular.

2. The Adoption Department shall report any problems arising in the course of implementation to the Minister of Justice for timely guidance.-