Quyết định 09/2006/QD-BTP

Decision No. 09/2006/QD-BTP of November 30, 2006 promulgating the regulation on management of foreign child adoption offices in Vietnam

Decision No. 09/2006/QD-BTP of November 30, 2006 promulgating the regulation on management of foreign child adoption offices in Vietnam đã được thay thế bởi Circular No. 21/2011/TT-BTP on the management of foreign adoption offices và được áp dụng kể từ ngày 05/01/2012.

Nội dung toàn văn Decision No. 09/2006/QD-BTP of November 30, 2006 promulgating the regulation on management of foreign child adoption offices in Vietnam


THE MINISTRY OF JUSTICE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 09/2006/QD-BTP

Hanoi, November 30, 2006

DECISION

PROMULGATING THE REGULATION ON MANAGEMENT OF FOREIGN CHILD ADOPTION OFFICES IN VIETNAM

THE MINISTER OF JUSTICE

Pursuant to the Government's Decree No. 62/2003/ND-CP of June 6, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;
Pursuant to the Government's Decree No. 68/2002/ND-CP of July 10, 2002, detailing the implementation of a number of articles of the Marriage and Family Law concerning marriage and family relations involving foreign elements;
Pursuant to the Government's Decree No. 69/2006/ND-CP of July 21, 2006, amending and supplementing a number of articles of the Government's Decree No. 68/2002/ND-CP of July 10, 2002, detailing the implementation of a number of articles of the Marriage and Family Law concerning marriage and family relations involving foreign elements;
At the proposal of the director of the International Child Adoption Agency, the Ministry of Justice,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on management of foreign child adoption offices in Vietnam.

Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO."

Article 3.- The director of the International Child Adoption Agency, the Chief Inspector, heads of units under the Justice Ministry and concerned individuals and organizations shall implement this Decision.

MINISTER OF JUSTICE




Uong Chu Luu

REGULATION

ON MANAGEMENT OF FOREIGN CHILD ADOPTION OFFICES IN VIETNAM
(Promulgated together with the Justice Minister's Decision No. 09/2006/QD-BTP of November 30, 2006)

Chapter I

GENERAL PROVISIONS

Article 1.- Scope of application

This Regulation shall apply to the grant, extension, renewal and withdrawal of licenses for establishment of Vietnam-based offices of foreign child adoption organizations (hereinafter referred to as foreign child adoption offices); the management, inspection, examination and handling of violations on conditions, contents and geographical areas of operation, offices and staff of foreign child adoption offices.

Article 2.- Principles on operation of foreign child adoption offices

1. All activities carried out in Vietnam by foreign child adoption offices must be compliant with Vietnamese law, the Government's Decree No. 68/2002/ND-CP of July 10, 2002, detailing the implementation of a number of articles of the Marriage and Family Law concerning marriage and family relations involving foreign elements (referred to as Decree No. 68/2002/ND-CP) Decree No. 69/2006/ND-CP of July 21, 2006, amending and supplementing a number of articles of Decree No. 68/2002/ND-CP agreements on adoption cooperation between Vietnam and concerned foreign countries and this Regulation.

2. Foreign child adoption offices in Vietnam may operate for humanitarian and not-for-profit purposes only in order to support the adoption of Vietnamese children on the basis of their establishment licenses issued by the Justice Minister.

3. Foreign child adoption organizations shall be accountable for all activities of their adoption offices in Vietnam in accordance with Vietnamese law.

Article 3.- Prohibition of commercial, self-seeking, brokerage and unfair competition activities in the adoption domain

Foreign child adoption offices may not conduct the following activities:

a/ Doing business in adoption brokerage services;

b/ Abusing the provision of adoption assistance to traffic in children, exploit labor or sexually abuse children or for self-seeking purposes;

c/ Directly introducing children to foreigners for adoption in contravention of law;

d/ Practicing unfair competition with other foreign child adoption offices in Vietnam regarding the provision of humanitarian or technical assistance and the introduction of children for adoption.

Article 4.- Publicization of administrative procedures

1. In order to ensure humanity in the adoption domain and facilitate the operation of foreign child adoption organizations in Vietnam, according to the provisions of Decree No. 68/2002/ND-CP no fee or any sum of money is collected for carrying out procedures for the grant, extension or renewal of licenses for establishment of Vietnam-based offices of foreign child adoption organizations under this Regulation.

2. The International Child Adoption Agency shall notify foreign child adoption organizations of the procedures for the grant, extension and renewal of licenses for establishment of foreign child adoption offices in Vietnam and for the termination of operation of these offices under this Regulation and publicize regulations on charges and fees related to the settlement of child adoption involving foreign elements.

3. Agencies competent to inspect the operation of foreign child adoption organizations in Vietnam in accordance with this Regulation shall notify in advance foreign child adoption offices of the inspection time, contents and forms.

Article 5.- Inspection and examination of foreign child adoption offices

Foreign child adoption offices in Vietnam are subject to inspection and examination by competent Vietnamese state agencies defined in this Regulation in terms of their operation principles, conditions, contents and geographical areas, financial regime, offices and personnel.

Article 6.- Handling of violations of foreign child adoption offices

All acts of violating this Regulation and other relevant provisions of law committed by foreign child adoption offices must be promptly detected and handled in strict accordance with law.

Chapter II

PROCEDURES FOR GRANT, EXTENSION AND RENEWAL OF LICENSES AND TERMINATION OF OPERATION OF FOREIGN CHILD ADOPTION OFFICES

Article 7.- Conditions for establishment of foreign child adoption offices

1. A foreign child adoption organization that fully meets the following conditions shall be permitted to establish a foreign child adoption office in Vietnam:

a/ Being established by law in a country which, together with Vietnam, is a contracting party to a bilateral or multilateral agreement on child adoption cooperation;

b/ Having a license for operation in the adoption domain, granted by a competent agency of the country in which the organization is established and permitted to operate in the adoption domain in Vietnam;

c/ Having a program, plan or project on humanitarian activities or technical assistance to support the application for adoption of Vietnamese children;

d/ Having a place to locate its office in Vietnam in order to ensure its operation; the place where the office is located must meet local requirements on public order and security, fire and explosion prevention and combat and environmental sanitation;

e/ The person expected to be the head of the foreign child adoption office in Vietnam must satisfy conditions specified in Article 8 of this Regulation.

2. Based on the current management work, the demand for establishment of foreign child adoption offices and the practical situation in localities, the International Child Adoption Agency shall consider and propose the Justice Minister to decide on the number of foreign child adoption organizations licensed to operate in Vietnam.

Article 8.- Conditions of heads of foreign child adoption offices

1. The head of a foreign child adoption office must meet the following conditions:

a/ Being a Vietnamese or foreign citizen; if being a Vietnamese citizen, he/she must not be a cadre or public employees as defined by law;

b/ Having full civil act capacity in accordance with Vietnamese law;

c/ Having good virtues;

d/ Being enthusiastic in humanitarian activities in the adoption domain

e/ Having no criminal records and not being banned from entry into or exit from Vietnam in accordance with law;

f/ Being appointed by the foreign child adoption organization as head of the foreign child adoption office in Vietnam.

2. A person may head only one Vietnam-based foreign child adoption office.

Article 9.- Dossiers of application for licenses to establish foreign child adoption offices

1. A dossier of application for a license to establish a foreign child adoption office in Vietnam of a foreign child adoption organization comprises:

a/ An application for a license to establish a foreign child adoption office in Vietnam (made according to a set form), signed by the head of the foreign child adoption organization;

b/ A notarized copy of the license for adoption operation, issued by a competent agency or organization of the country in which the organization is established and permitted to operate in the adoption domain in Vietnam.

If the license does not state that the foreign child adoption organization is permitted to operate in Vietnam but states that it may operate in the domain of international adoption, it is still accepted.

If the license does not state that the foreign child adoption organization is permitted to operate in the domain of international adoption, there must be a document of the licensing agency or organization certifying that the organization is permitted to operate in the domain of international adoption, covering operation in Vietnam, or that there is no obstacle in the operation of the organization in the adoption domain in Vietnam.

c/ A notarized copy of the operation charter or regulation of the foreign child adoption organization or the document on its establishment;

d/ A report on the foreign child adoption organization's operation in the adoption domain in the last two years, showing its financial revenues and expenditures related to adoption activities. This report must be certified by a competent agency of the country in which the foreign child adoption organization is established.

If the organization is implementing or has already implemented a program, plan or project on humanitarian assistance for Vietnam for two consecutive years, there must also be a report on these activities, certified by the Vietnamese agency or organization which has received such assistance or the locality where the organization operates.

The report stated at this Point is not required for newly established foreign child adoption organizations which have not yet operated.

e/ The tentative program, plan or project on humanitarian and charity activities of the foreign child adoption organization in the province or centrally run city where the organization wishes to operate in order to support the adoption of Vietnamese children. The organization shall contact the International Child Adoption Agency under the Justice Ministry for the latter to recommend it to that province or centrally run city before it can carry out an investigation into needs for assistance and reach agreement with the locality on its program, plan or project on humanitarian assistance.

f/ A paper proving the location at which the foreign child adoption office is expected to be based in a province or centrally run city of Vietnam (such as the contract on the lease of the office or the house lease agreement), which shows the commitment of the house (office) owner to allow the foreign child adoption organization to lease his/her house (office) as its office in Vietnam;

g/ The curriculum vitae (made according to a set form) of the person expected to be the head of the foreign child adoption office;

h/ The judicial record of the expected head of the foreign child adoption office, granted by a competent agency of the country of which that person is a citizen. If that person is a Vietnamese citizen residing in Vietnam or a foreigner residing in Vietnam for six months or more, his/her judicial record must be issued by the provincial-level Justice Service of the locality where he/she resides.

2. Papers defined at Points b, c and h, Clause 1 of this Article, which are issued by foreign competent agencies, must be legalized at an overseas Vietnamese diplomatic mission or consulate. Foreign language papers must be translated into Vietnamese and the Vietnamese translations must be notarized.

When the child adoption cooperation agreement between Vietnam and the concerned foreign country provides for the exemption from consular legalization for papers and documents, the consular legalization of papers defined at Points b, c and h, Clause 1 of this Article, which are granted by foreign competent agencies, is not required.

3. The papers mentioned in this Article are submitted in two sets to the International Child Adoption Agency, the Justice Ministry.

When receiving dossiers, the International Child Adoption Agency shall check them carefully in order to ensure that they are complete and valid and hand over receipts to dossier-submitting organizations. The time for processing of a dossier is counted from the date of issuing a receipt thereof.

Article 10.- Procedures for grant of licenses to establish foreign child adoption offices

1. Within 30 days after receiving a complete and valid dossier as prescribed in Article 9 of this Regulation, the International Child Adoption Agency shall consider, check and appraise the dossier. If considering that the foreign child adoption organization satisfies the conditions specified in Article 7 and the expected head of the foreign child adoption office fully meets the conditions specified in Article 8 of this Regulation, the International Child Adoption Agency shall submit the dossier to the Justice Ministry leadership for consulting the Public Security Ministry and the People's Committees of the provinces or centrally run cities (referred to as provincial-level People's Committees) where the organization plans to locate its office and where the organization plans to conduct its operation.

2. Within 15 days after receiving the written replies of the Public Security Ministry and the provincial-level People's Committees, the International Child Adoption Agency shall study, consider and forward its proposal (together with the dossier) to the Justice Minister for decision.

3. If considering that the foreign child adoption organization satisfies all conditions specified in this Regulation, Decree No. 68/2002/ND-CP and the Agreement on Child Adoption Cooperation between Vietnam and the concerned foreign country, the Justice Minister shall decide to grant a license for establishment of a foreign child adoption office in Vietnam to the foreign child adoption organization. The International Child Adoption Agency shall send a notice, enclosed with a copy of the license, to the provincial/municipal Justice Services of the localities where the foreign child adoption organization locates its office and where it is permitted to conduct operation (referred to as concerned Justice Services) for coordinated management.

When the Justice Minister refuses to grant a license for establishment of a foreign child adoption office, the International Child Adoption Agency shall notify the refusal in writing to the applying foreign child adoption organization and concerned Justice Services, clearly stating the reason for the refusal.

4. Based on the license granted by a competent foreign agency and the foreign child adoption organization's operation capacity in Vietnam, the Justice Minister shall grant a license for establishment of a foreign child adoption office in Vietnam, which is valid for between one and five years and may be extended, with each extension of between one and five years.

When the license granted by the Justice Ministry is still valid in accordance with Vietnamese law, but the license granted by the concerned competent foreign agency has expired, the foreign child adoption office shall apply for extension of that license before continuing its operation in Vietnam; if the concerned foreign agency refuses to extend that license, the foreign child adoption office shall terminate its operation in Vietnam in accordance with Point a, Clause 1, Article 14 of this Regulation.

Article 11.- Procedures for extension of operation of foreign child adoption offices

1. A foreign child adoption office may extend its operation in Vietnam if it satisfies the following conditions and has the following papers:

a/ Having strictly abided by this Regulation and other relevant provisions of Vietnamese law during its operation in Vietnam; not having been handled for violations of law by competent Vietnamese or foreign state agencies in the course of carrying out adoption activities;

b/ The license granted by a concerned competent foreign agency is still valid for operation in Vietnam;

c/ At least three months before the expiration date of the license for its establishment in Vietnam, having filed an application of the concerned foreign child adoption organization to the International Child Adoption Agency (enclosed with the original of the license for its establishment in Vietnam), requesting the extension of operation of the Vietnam-based office; the application must be signed by the head of the foreign child adoption organization;

d/ Having filed, together with the extension application, a report on its operation in Vietnam since its was granted the license for its establishment in Vietnam, containing the opinions of the provincial/municipal Justice Services of the localities where the office is based and where it is permitted to operate.

2. Within 30 days after receiving a complete and valid dossier, the International Child Adoption Agency shall consider, check and submit the dossier to the Justice Ministry leadership for consulting the provincial-level People's Committees of the localities where the foreign child adoption office is based and where it operates.

After receiving the written replies of the provincial-level People's Committees, the International Child Adoption Agency shall propose the Justice Minister to decide to license or refuse the extension of operation of the foreign child adoption office in Vietnam.

3. When the Justice Minister licenses the extension of operation of the foreign child adoption office, the International Child Adoption Agency shall issue and send a written notice, enclosed with a copy of the extended license, to the concerned provincial-level Justice Services for coordinated management.

When the Justice Minister refuses to license the extension, the International Child Adoption Agency shall send a written notice to the applying foreign child adoption organization, clearly stating the reason for the refusal, and at the same time, notify the refusal to the concerned Justice Services.

Article 12.- Procedures for annotation on changes in names, office addresses and heads of foreign child adoption organizations

1. Upon the occurrence of the following changes in the concerned foreign child adoption organization, the foreign child adoption office shall send an application to the International Child Adoption Agency (enclosed with the license for establishment of a foreign child adoption office in Vietnam) in order to annotate these changes:

a/ Change in the name of the foreign child adoption organization;

b/ Change in the office address of the foreign child adoption organization in the country where the organization is established;

c/ Change of the head of the foreign child adoption organization.

2. Within seven days after receiving the application for annotation on a change stated in Clause 1 of this Point, the International Child Adoption Agency shall consider and propose the Justice Minister to license the writing of the changes directly in the license and affix a stamp for certification. The International Child Adoption Agency shall send a written notice, enclosed with a copy of the license already annotated with the change, to the concerned Justice Services for coordinated management.

3. When the Vietnam-based foreign child adoption office wishes to relocate its office to another place within the same province or centrally run city stated in the license, the head of the foreign child adoption office shall send an application to the International Child Adoption Agency, clearly stating the reason for the relocation and the expected new office address.

The International Child Adoption Agency shall send an official letter requesting the provincial/municipal Justice Service to coordinate with concerned local services and departments in inspecting the place where the office is to be based.

After receiving the provincial/municipal Justice Service's opinion, the International Child Adoption Agency shall consider and propose the Justice Minister to make decision. The Justice Minister shall permit the writing of the change in the license and affix a stamp for certification. The International Child Adoption Agency shall send a written notice, enclosed with a copy of the license already annotated with the change, to the concerned Justice Services for coordinated management.

Article 13.- Procedures for change of heads, contents and geographical areas of operation and office addresses of foreign child adoption offices

1. When a foreign child adoption office wishes to make the following changes, the concerned foreign child adoption organization shall send an application to the International Child Adoption Agency (enclosed with the license for establishment of the foreign child adoption office in Vietnam). The application must be signed by the head of the foreign child adoption organization and state the change and its reason:

a/ Change of the head of the foreign child adoption office in Vietnam;

b/ Change in the operation contents stated in the license;

c/ Expansion or narrowing of the geographical areas of operation in Vietnam (compared with geographical areas of operation stated in the license);

d/ Relocation of the foreign child adoption office to another province or centrally run city in Vietnam.

In case of change of the head of the foreign child adoption office in Vietnam, the application must be enclosed with the curriculum vitae (made according to a set form) and the judicial record of the expected new head as defined at Points g and h, Clause 1, Article 9 of this Regulation.

2. Within seven days after receiving a complete and valid dossier, the International Child Adoption Agency shall consider and submit the dossier to the Justice Ministry leadership for consulting the Public Security Ministry about the change stated at Point a or the concerned provincial-level People's Committees about the change stated at Point c or d, Clause 1 of this Article.

After receiving the written replies of the Public Security Ministry or the provincial-level People's Committees, if considering that the changes are consistent with law, the Justice Minister shall permit the writing of the change in the license and affix a stamp for certification. The International Child Adoption Agency shall send a written notice, enclosed with a copy of the license already annotated with the change, to the concerned Justice Services for coordinated management.

When the Minister of Justice refuses to permit the change, the International Child Adoption Agency shall send a written notice to the applying foreign child adoption organization, clearly stating the reason for the refusal, and notify the refusal in writing to the concerned Justice Services.

Article 14.- Termination of operation of foreign child adoption offices

1. A foreign child adoption office automatically terminates its operation in Vietnam in the following cases:

a/ The validity term stated in the license granted by a competent foreign agency or organization to the concerned foreign child adoption organization has expired without extension;

b/ The validity term stated in the license granted by the Vietnamese Justice Ministry has expired, but the foreign child adoption organization does not apply for its extension.

2. A foreign child adoption offices is compelled to terminate its operation in Vietnam in the following cases:

a/ The foreign child adoption organization requests for termination of the operation of the foreign child adoption office in Vietnam before the expiration of the term stated in the license granted by a competent foreign agency or organization or the Vietnamese Justice Ministry;

b/ The validity term stated in the license granted by the Vietnamese Justice Ministry has expired and the Justice Minister refuses to permit the extension applied by the foreign child adoption organization;

c/ The foreign child adoption organization terminates its operation in the country in which it is established;

d/ The license for establishment of the foreign child adoption office in Vietnam is withdrawn under the Justice Minister's decision.

3. When the foreign child adoption office automatically terminates its operation under Clause 1 of this Article, the concerned foreign child adoption organization shall send a written notice to the International Child Adoption Agency at least 30 days before the date of operation termination.

When the foreign child adoption office is compelled to terminate its operation under Clause 2 of this Article, the International Child Adoption Agency shall send a written notice to the foreign child adoption office.

4. Before terminating operation under the provisions of Clauses 1 and 2 of this Article, foreign child adoption organizations and foreign child adoption offices in Vietnam shall pay all their debts (if any) to concerned agencies, organizations and individuals in Vietnam and send written notices thereon to the International Child Adoption Agency and concerned Justice Services.

5. Complete and valid dossiers of application for adoption of Vietnamese children which have been sent by foreign child adoption offices to the International Child Adoption Agency before they terminate operation and are being processed will be further processed until completion.

6. The International Child Adoption Agency shall send official letters notifying the termination of operation of foreign child adoption offices as stated in this Article to concerned Justice Services.

Chapter III

RIGHTS AND OBLIGATIONS OF FOREIGN CHILD ADOPTION OFFICES

Article 15.- Supporting the adoption of Vietnamese children by foreigners

Foreign child adoption offices may carry out the following activities in order to support the adoption of Vietnamese children:

1. Before carrying out procedures of application for adoption:

a/ Providing consultancy and information to adoption applicants on the socio-economic situation in Vietnam, family backgrounds, social environment, needs and hobbies of Vietnamese children;

b/ Providing support and assistance in the translation and notarization of documents in the dossiers of adoption applicants in accordance with Vietnamese law;

c/ Submitting dossiers and paying charges at the International Child Adoption Agency on behalf of adoption applicants.

2. During the process of introducing children for adoption:

a/ Sending photos of and information on the to-be-recommended children to adoption applicants after these children are permitted by competent Vietnamese agency to be introduced for adoption;

b/ Notifying the International Child Adoption Agency and local concerned agencies of adoption applicants' opinions about the children introduced for adoption.

3. To perform jobs authorized by adoption applicants:

a/ To pay fees and submit the written commitments to make periodical reports on the development of the adopted children to provincial/municipal Justice Services;

b/ To take children introduced for adoption for additional health-checks after obtaining the approval of the heads of concerned child nurturing establishments.

4. To help complete adoption procedures:

a/ Helping adoption applicants when they enter Vietnam to complete adoption procedures;

b/ Coordinating with child nurturing establishments in organizing meetings between adoption applicants and children introduced for adoption;

c/ Supporting the organization of ceremonies to hand over and receive adopted children and witnessing these ceremonies after obtaining the approval of provincial/municipal Justice Services;

d/ Supporting adoption applicants in carrying out procedures for the grant of passports and visas to the adopted children to exit Vietnam and enter and reside in concerned foreign countries.

Article 16.- Humanitarian assistance and technical support for child nurturing establishments

Foreign child adoption offices may carry out the following activities in order to provide humanitarian assistance to child nurturing establishments under committed projects or plans:

1. Building, repairing, renovating and upgrading material foundations of child nurturing establishments.

2. Providing funds, medicines, food, clothes, medical equipment, toys and other necessary articles for children.

3. Organizing periodical healthchecks as well as medical examination and treatment for children.

4. Providing distance support for childcare work, functional rehabilitation for disabled children, holding on-the-spot vocational guidance and training courses for children who are not eligible for adoption by people at home and abroad.

5. Organizing training and re-training courses in order to raise the skills of caring for and nurturing newborns, managing nurturing establishment and caring for disabled people for officials and employees of nurturing establishments; organizing talks, conferences and seminars to improve the capacity of officials and employees of child nurturing establishments.

6. Providing humanitarian assistance in appropriate forms to children who live in communities and need special care.

7. Other forms of humanitarian assistance and technical support as agreed with child nurturing establishments.

Article 17.- Rights to lease head offices and recruit employees for the offices

1. Foreign child adoption offices may lease offices for their operation in Vietnam. The office of a foreign child adoption office in Vietnam must have a plate showing its name and meet local requirements on public order and security, fire and explosion prevention and fight and environmental sanitation.

2. Foreign child adoption offices may recruit Vietnamese citizens or foreigners to work for them on the basis of signing labor contracts in accordance with Vietnamese law.

Article 18.- Obligations of foreign child adoption offices

Foreign child adoption offices have the following obligations:

1. To abide by this Regulation and other relevant provisions of law while operating in Vietnam; to respect for Vietnamese customs and traditions.

2. To operate according to the prescribed contents and in the provinces or centrally run cities stated in their licenses

3. To urge and remind adoptive parents to abide by the commitments to send biannual reports (within the first three years) and annual reports on the development of their adopted children until these children reach full 18 years of age, irrespective of the nationality status of the adopted children; and to submit these reports on behalf of the adoptive parents to the International Child Adoption Agency and provincial/municipal Justice Services which have permitted the adoption.

4. To supply information on adopted children at the request of the International Child Adoption Agency or provincial/municipal Justice Services which have permitted the adoption; to ensure confidentiality of information on adoption applicants and adopted children, unless such information is requested by the International Child Adoption Agency, provincial/municipal Justice Services or other competent state agencies.

5. To submit to the management, inspection, examination and supervision of competent Vietnamese state agencies and concerned foreign agencies or organizations.

6. To make periodical and irregular reports according to Article 19 of this Regulation.

Article 19.- Obligations to make reports and supply information

1. Foreign child adoption offices are obliged to send biannual and annual reports to the International Child Adoption Agency and provincial/municipal Justice Services of the localities where they are based and where they operate, with the following contents:

a/ The support in child adoption in accordance with Article 15 of this Regulation, especially the number of children who have been adopted by foreigners and left Vietnam to reside in host countries;

b/ The implementation of committed projects, programs and plans on humanitarian assistance for child nurturing establishments in accordance with Article 16 of this Regulation;

c/ The list of and information on contractual employees;

d/ Other matters related to the operation and personnel of the Vietnam-based office.

2. Biannual reports must be submitted before June 15 and annual reports must be submitted before November 30 every year.

3. Foreign child adoption offices shall make irregular reports on matters related to their operation, offices and personnel at the request of the International Child Adoption Agency or concerned provincial/municipal Justice Services.

Chapter IV

INSPECTION AND EXAMINATION OF OPERATION OF FOREIGN CHILD ADOPTION OFFICES

Article 20.- Inspection agencies

1. The International Child Adoption Agency shall manage and inspect all offices of foreign child adoption organizations licensed to operate in Vietnam; biannually and annually, report to the Justice Minister on the operation of these offices.

2. Provincial/municipal Justice Services shall assume the prime responsibility for, and coordinate with local agencies in, assisting provincial-level People Committees in managing and inspecting the offices of foreign child adoption organizations which are licensed to operate and are located in their localities; biannually and annually, report to provincial-level People’s Committees on the operation of these offices and at the same time, send these reports to the International Child Adoption Agency.

3. When necessary and requested by concerned agencies and branches, the Justice Ministry or provincial-level People's Committees shall set up an inter-branch inspection team to inspect foreign child adoption offices in Vietnam.

Article 21.- Inspection contents

1. The inspection of operation of foreign child adoption offices covers:

a/ Observance of the principles of humanitarian and not-for-profit operation by foreign child adoption offices;

b/ Satisfaction of operation conditions by foreign child adoption offices;

c/ Compliance with the operation contents stated in the establishment licenses;

d/ Compliance with the establishment licenses in terms of geographical areas of operation;

e/ Observance of professional regulations, guidance and directions related to the operation domains of foreign child adoption offices;

f/ The use of forms of papers and reports on the operation of foreign child adoption offices issued by the Justice Ministry, the International Child Adoption Agency or other state competent agencies.

g/ Other related activities.

2. The inspection of offices and personnel of foreign child adoption offices covers:

a/ Observance of regulations on location conditions and criteria of offices;

b/ Observance of operation conditions by heads of the offices;

c/ The recruitment of employees by the offices on the basis of signing contracts with Vietnamese citizens or foreigners;

d/ Other matters related to the organization and personnel of the offices.

Article 22.- Inspection order and procedures

1. The inspection of foreign child adoption offices is carried out in the following forms:

a/ Annual inspection.

b/ Unexpected inspection.

2. In case of annual inspection, inspection agencies shall notify foreign child adoption offices of the inspection time, contents and plans at least five days in advance; in case of unexpected inspection, at least one day in advance.

3. During inspection, it is necessary to make minutes on inspection results, which must be signed by all members of inspection teams and representatives of foreign child adoption offices. When an inspection reveals signs of violations committed by foreign child adoption offices, inspectors shall make proposals on handling and settlement of those violations and clear conclusions.

4. Within 30 days after the inspection, the inspection agency shall issue a written notice of the inspection team's conclusions to the inspected foreign child adoption office.

Article 23.- Inspection of operation of foreign child adoption offices

1. The Justice Ministry's Inspectorate may inspect foreign child adoption offices nationwide; provincial/municipal Justice Services' inspectorates may inspect foreign child adoption offices that are licensed to operate in their localities.

The order of and procedures for inspection of operation of foreign child adoption offices shall be as stipulated in the law on inspection.

2. Heads and employees of foreign child adoption offices shall create favorable conditions for the Justice Ministry's and Justice Services' inspectorates to inspect their operation of the offices.

3. All acts of obstructing or resisting the inspection of foreign child adoption offices are strictly prohibited.

Chapter V

SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS, REWARD, COMMENDATION AND HANDLING OF VIOLATIONS

Article 24.- Settlement of complaints and denunciations

1. Heads and employees of foreign child adoption offices may complain or denounce law-breaking acts of cadres and public employees of central and local state agencies which infringe upon their legitimate rights and interests or obstruct the operation of their offices in accordance with law.

Individuals, agencies and organizations may detect and denounce law-breaking acts committed by the heads and employees of foreign child adoption offices.

2. Complaints and denunciations defined in Clause 1 of this Article shall be settled in accordance with the law on settlement of complaints and denunciations.

Article 25.- Reward, commendation and handling of violations

1. Foreign child adoption offices that strictly abide by this Regulation and other relevant legal provisions and make outstanding achievements in the provision of humanitarian support and assistance to Vietnamese children and actively assist in the settlement of the adoption of Vietnamese children in accordance with law shall be rewarded and commended.

2. Foreign child adoption offices that commit acts of violating this Regulation and relevant provisions of law on child adoption involving foreign elements shall, depending on the nature and seriousness of their violations, be cautioned, fined or have their establishment licenses revoked according to the order and procedures prescribed in the Government's Decree No. 76/2006/ND-CP of August 2, 2006, on sanctioning administrative violations in the judicial domain.

Heads and employees of foreign child adoption offices who commit violations shall, depending on the nature and seriousness of their violations, be cautioned, fined or examined for penal liability in accordance with law.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 26.- Implementation effect

1. This Regulation shall apply to the management, examination and inspection of all foreign child adoption offices in Vietnam, irrespective of whether they are set up before or after the effective date of this Regulation.

2. Licenses for establishment of foreign child adoption offices in Vietnam granted by the Justice Minister to foreign child adoption organizations before the effective date of this Regulation remain valid till the end of the validity term indicated in these licenses.

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        Decision No. 09/2006/QD-BTP of November 30, 2006 promulgating the regulation on management of foreign child adoption offices in Vietnam
        Loại văn bảnQuyết định
        Số hiệu09/2006/QD-BTP
        Cơ quan ban hànhBộ Tư pháp
        Người kýUông Chu Lưu
        Ngày ban hành30/11/2006
        Ngày hiệu lực31/12/2006
        Ngày công báo...
        Số công báo
        Lĩnh vựcBộ máy hành chính, Quyền dân sự
        Tình trạng hiệu lựcHết hiệu lực 05/01/2012
        Cập nhật14 năm trước

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              Văn bản gốc Decision No. 09/2006/QD-BTP of November 30, 2006 promulgating the regulation on management of foreign child adoption offices in Vietnam

              Lịch sử hiệu lực Decision No. 09/2006/QD-BTP of November 30, 2006 promulgating the regulation on management of foreign child adoption offices in Vietnam