Công văn 1043/BTP-CCN

Nội dung toàn văn Official Dispatch 1043/BTP-CCN 2022 procedures for intercountry adoption in the Covid19 pandemic


MINISTRY OF JUSTICE
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 1043/BTP-CCN
procedures for intercountry adoption in the Covid-19 pandemic

Hanoi, April 05, 2022

 

To: The People’s Committees of provinces/central-affiliated cities

On January 27, 2022, The Government Office issued Official Dispatch No. 698/VPCP-QHQT conveying opinions of Standing Deputy Prime Minister Pham Binh Minh on the plan of child adoption for foreigners in the Covid-19 pandemic; In the Official Dispatch, Deputy Prime Minister Pham Binh Minh has agreed that foreign adoptive parents who have been granted foreign child adoption decisions by the People's Committees of the provinces/central-affiliated cities are allowed to enter the country to carry out procedures for child adoption; he has assigned responsibilities to relevant ministries and province-level People's Committees in implementing work contents in which the Ministry of Justice shall cooperate with ministries and central authorities in guiding local authorities to carry out intercountry adoption procedures in the Covid-19 pandemic under Resolution No. 128/NQ-CP dated October 11, 2021 of the Government promulgating interim regulations on "safety, flexibility, effective control of the Covid-19 pandemic" and other relevant documents.

Implementing the above-mentioned direction of the Standing Deputy Prime Minister, the Ministry of Justice has taken charge and cooperated with Ministry of Public Security, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Health, Ministry of Transport, Ministry of Labor, War Invalids and Social Affairs in formulating “Guidelines on procedures for intercountry adoption in the Covid-19 pandemic on the basis of current regulations in order to enable foreign adoptive parents to enter Vietnam to carry out procedures for child adoption as soon as possible.

In addition, in the Official Dispatch No. 1606/VPCP-QHQT dated March 15, 2022 of the Government Office, the Standing Deputy Prime Minister  Pham Binh Minh has agreed to restore measures and procedures for immigration for foreigners and Vietnamese citizens staying abroad from March 15, 2022 as those before applying restrictive measures for Covid-19 prevention and control in conformity with Law on Entry, Exit, Transit, Residence of foreigners staying in Vietnam and guidelines on implementation thereof.

The People’s Committees of provinces/cities shall direct the Department of Justice and relevant departments and provincial authorities to carry out Vietnamese child adoption procedures (prescribed in Article 37 of the Law on Child Adoption) according to “Guidelines on procedures for intercountry adoption in the Covid-19 pandemic”. Your authority must discuss difficulties arising in the implementation period of the intercountry adoption (if any) with the Ministry of Justice (presiding authority is the Department of Child Adoption) for prompt guidance and settlement via phone number: 024.62739697 or 024.62739700; email: cnqt@moj.gov.vn.

(Attached to (i) Official Dispatch No. 698/VPCP-QHQT dated January 27, 2022 of the Government Office and (ii) Guidelines on procedures for intercountry adoption in the Covid-19 pandemic.)

Your sincerely.

 

 

PP. MINISTER
DEPUTY MINISTER




Nguyen Khanh Ngoc

 

GUIDELINES (1)

On procedures for intercountry adoption in the Covid-19 pandemic
(attached to Official Dispatch No. 1043/BTP-CCN dated April 05, 2022 of the Ministry of Justice)

Implementing the direction of the Standing Deputy Prime Minister Pham Binh Minh in the Official Dispatch No. 698/VPCP-QHQT on project for intercountry adoption in the Covid-19 pandemic of the Government Office dated January 27, 2022, the Ministry of Justice has taken charge and cooperated with Ministry of Public Security, Ministry of National Defense, Ministry of Foreign Affairs, Ministry of Health, Ministry of Transport, Ministry of Labor, War Invalids and Social Affairs in formulating and promulgating “Procedures for international adoption in the Covid-19 pandemic” on the basis of current regulations for providing guidance on the implementation thereof to relevant ministries, central authorities, local authorities, individuals, organizations. To be specific:

I. Pursuant to

- Law on Child Adoption in 2010;

- Law on Entry, Exit, Transit, Residence of foreigners staying in Vietnam in 2014 (revised in 2019);

- Law on Immigration of Vietnamese citizens in 2019;

- Decree No. 19/2011/ND-CP dated March 21, 2011 of the Government elaborating implementation of certain Articles of the Law on Child Adoption; Decree No. 24/2019/ND-CP on amendments to Decree No. 19/2011/ND-CP dated March 21, 2011 of the Government elaborating implementation of certain Articles of the Law on Child Adoption;

- Resolution No. 128/NQ-CP dated October 11, 2021 of the Government promulgating interim regulations on “Safety and flexibility and effective control of COVID-19”;

- Resolution No. 32/NQ-CP dated March 15, 2022 of the Government on Visa Exemption for citizens of the Federal Republic of Germany, the Republic of France, the Republic of Italy, the Kingdom of Spain, the United Kingdom of Great Britain and Northern Ireland, Russian Federation, Japan, the Republic of Korea, the Kingdom of Denmark, the Kingdom of Sweden, the Kingdom of Norway, the Republic of Finland and the Republic of Belarus;

- Resolution No. 79/NQ-CP dated May 25, 2020 of the Government on the list of countries having citizens granted electronic visas; list of international border checkpoints allowing foreigners to enter and exit by electronic visas;

- Document No. 450/VPCP-QHQT dated January 18, 2022 of the Government Office on settlement of entry for foreigners and Vietnamese citizens staying abroad with their relatives;

- Document No. 698/VPCP-QHQT dated January 27, 2022 of the Government Office on the project for intercountry adoption in the Covid-19 pandemic;

- Official Dispatch No. 5322/CV-BCD dated July 05, 2021 of the National Steering Committee of Covid-19 prevention and control on guiding foreign experts and foreign entrants to prevent and control COVID-19 pandemic;

- Official Dispatch No. 1265/BYT-DP dated March 15, 2022 of the Ministry of Health on COVID-19 prevention and control for entrants.

- Document No. 1606/VPCP-QHQT dated March 15, 2022 of the Government Office on restoration of immigration policies of Vietnam;

- Other relevant legal documents.

II. Implementation principles

- The intercountry adoption must comply with legal regulations on child adoption and ensure Covid-19 prevention and control.

- The child adoption shall be performed in provinces/cities where children who are adopted by foreign adoptive parents are staying.

- Foreign adoptive parents are enabled to enter Vietnam for adoption when they meet entry requirements as prescribed by the law of Vietnam.

- The child adoption and procedures after adoption are enabled to implement at the earliest.

III. Requirements for foreign adoptive parents when they enter Vietnam

1. They have granted Decisions on intercountry adoption of the People’s Committees of provinces and central-affiliated cities.

2. They have received Response Official Dispatches on agreement to let foreigners enter Vietnam of the Vietnam Immigration Department of the Ministry of Public Security, except for foreigners who have owned documents still valid for entering Vietnam (permanent residence card, temporary residence card, visa, visa exemption).

3. Foreign adoptive parents entering Vietnam must comply with requirements for Covid-19 prevention and control for entrants according to regulations of the current law of Vietnam and guidelines of the Ministry of Health of Vietnam at the time of entry.

IV. Child adoption and entry procedures of a foreign adoptive parent in the Covid-19 pandemic (12 steps)

Notes: Skip steps 2, 3 and 4 in case the foreign adoptive parent is eligible for exemption from the visa for entering Vietnam or has owned valid entry documents (permanent residence card, temporary residence card, visa, visa exemption still valid).

 

Steps

Contents

Authorities/Organizations/ Participants

Authorities/organizations/cooperators/relative people

Duration

Result

Notes

Step 1

Notify the adoptive parent of entering Vietnam for child adoption

Department of Justice where procedures for intercountry adoption are handled

Vietnam intercountry adoption office/ Foreign adoptive parents in case of stepchild and grandchild adoption

After a Decision on intercountry adoption is issued by the Provincial People's Committee

Written notification of the Department of Justice

According to Clause 2 Article 37 of the Law on Child Adoption

Step 2

On the basis of the written notification of the Department of Justice, the foreign adoptive parent shall send written request for completing procedures for intercountry adoption to Department of Justice where procedures for intercountry adoption are handled

The foreign adoptive parent

Vietnam intercountry adoption office/ adoptive parent’ relatives in Vietnam in case of stepchild and grandchild adoption.

After receiving the written notification of the Department of Justice on entering Vietnam for child adoption

Written request for completing procedures for intercountry adoption and attached documents

 The form of the written request for completing procedures for intercountry adoption attached to this document in  Appendix 1

Step 3

Approve the list of adoptive parents allowed to enter Vietnam for child adoption

The Provincial People’s Committee

Department of Justice where procedures for intercountry adoption are handled

 

 

 

3.1

Department of Justice shall request the Provincial People’s Committee to approve the list of adoptive parents allowed to enter Vietnam for child adoption

Department of Justice where procedures for intercountry adoption are handled

The Provincial People’s Committee

As soon as possible (recommendation: within 05 days) from the date of receiving the written request of the adoptive parent for completing procedures for intercountry adoption and attached documents

Written notification of the Department of Justice

 

3.2

The Provincial People’s Committee shall approve the list of adoptive parents allowed to enter Vietnam for child adoption and send it to the Vietnam Immigration Department of the Ministry of Public Security to request them to grant an Vietnamese visa to the adoptive parent

The Provincial People’s Committee

Department of Justice where procedures for intercountry adoption are handled

As soon as possible (recommendation: within 05 days) from the date of receiving a written proposal of the Department of Justice

A written agreement of the Provincial People’s Committee on approval of the list of foreign adoptive parents allowed to enter Vietnam

The entry visa is requested for issuing at the border checkpoint

3.3

The Vietnam Immigration Department of the Ministry of Public Security shall send a response official dispatch on agreement to let foreigners enter Vietnam to the Provincial People’s Committee and the Ministry of Justice

The Vietnam Immigration Department of the Ministry of Public Security

The Provincial People’s Committee and Department of Justice where procedures for intercountry adoption are handled

As soon as possible, within 05 days (according to regulations of the law), from the date of receiving an adequate and valid application 

The response official dispatch on agreement to let foreigners enter Vietnam of the Vietnam Immigration Department of the Ministry of Public Security

The entry visa is granted at the border checkpoint

3.4

The Department of Justice shall send a notification of approval for granting the Vietnamese visa for child adoption to the adoptive parent (attached to a photocopy of the response official dispatch on agreement to let foreigners enter Vietnam of the  Vietnam Immigration Department of the Ministry of Public Security)

The Department of Justice

The foreign adoptive parent/Vietnam intercountry adoption office/relatives of the adoptive parent in Vietnam (in case of stepchild and grandchild adoption)

As soon as possible (recommendation: within 03 days) from the date of receiving the response official dispatch on agreement to let foreigners enter Vietnam of the Vietnam Immigration Department of the Ministry of Public Security

The written notifications of the Department of Justice

 

Step 4

Grant the Vietnamese visa to the foreign adoptive parent at the border checkpoint

The Vietnam  Immigration Department of the Ministry of Public Security

 

Immediately after the adoptive parent arrives  at an airport and complete procedures at the border checkpoint

The Vietnamese visa to the foreign adoptive parent is granted at the border checkpoint

 

Step 5

Prepare essential conditions for organizing an adoption ceremony

 

 

 

 

 

5.1

After receiving the notification of approval for granting the Vietnamese visa or exempting Vietnamese entry visa or possessing valid entry documents (permanent residence card, temporary residence card, visa, visa exemption still valid) the adoptive parent shall provide information about scheduled arrival or departure duration, place of residence when staying in Vietnam

The foreign adoptive parent

Vietnam intercountry adoption office/ relatives of the foreign adoptive parent in Vietnam (in case of stepchild and grandchild adoption)

As soon as possible (recommendation: within 05 days) before the day on which  the adoptive parent enters Vietnam

Written document about the adoptive parent's information

 

5.2

Prepare essential conditions for carrying out procedures for child adoption; notify time and place of the adoption ceremony

The Department of Justice where procedures for intercountry adoption are handled

The adoptive parent; Intercountry adoption office and relevant organizations/individuals

As soon as possible (recommendation: within 07 days) from the date of receiving the full necessary information on entry into Vietnam of the adoptive parent (specifying in section 5.1)

Completely prepared essential conditions

 

Step 6

The adoptive parent enters Vietnam, self-monitors health and complies with requirements for Covid-19  prevention and control as  prescribed

The foreign adoptive parent

Local competent authorities where the adoptive parent stays/Vietnam intercountry adoption office/relatives of the adoptive parent in Vietnam (in case of stepchild and grandchild adoption)

According to regulations and particular requirements of each province/city

Duration of self-monitoring and requirements for Covid-19 prevention and control as prescribed must be complied

The adoptive parent who moves in Vietnam must self-monitor health and comply with requirements for Covid-19 prevention and control as prescribed

Step 7

The adoption ceremony

 

 

 

 

 

7.1

Organize the adoption ceremony and register child adoption

Department of Justice where procedures for intercountry adoption are handled

The adoptive parent; representative of an adoption center (for children from the adoption center); natural parent and guardian of the child (for stepchild and grandchild); intercountry adoption office and other relevant organizations/individuals

According to a schedule defined by the Department of Justice and as soon as possible

A minute of child adoption; register of child adoption

 

7.2

Participate in the adoption ceremony

The foreign adoptive parent

The Department of Justice where procedures for intercountry adoption are handled; Vietnam intercountry adoption office/relatives of the adoptive parent in Vietnam (in case of stepchild and grandchild adoption)

According to the duration that the Department of Justice has defined

 

 

Step 8

Grant consular certification of documents about child adoption issued by Vietnamese competent authorities, which will be used to apply for the exit visa for the adopted child.

Ministry of Foreign Affairs (Consular Department), Department of Foreign Affairs of Ho Chi Minh City

Departments of Foreign Affairs authorized to receive and return the application as prescribed; Vietnam intercountry adoption office

As soon as possible, within 05 days (according to regulations of the law), from the date of receiving enough valid documents 

 

Note: children adopted in France and Italy are exempted from legalization of documents according to the Convention

Step 9

Grant an Passport to the adopted child

The Vietnam Immigration Department of the Ministry of Public Security (in Hanoi or Ho Chi Minh City) or Division of Immigration of the Provincial Public Security

Vietnam intercountry adoption office/ the foreign adoptive parent

As soon as possible, within 08 days (according to regulations of the law), from the date of receiving the adequate and valid application

Visa for the child

 

Step 10:

Grant the exit visa for the adopted child

Diplomatic representative agency of the child’s adoptive country in Vietnam (Embassy/Consul General)

Child adoption organization; Vietnam intercountry adoption office/ the foreign adoptive parent

As soon as possible, according to regulations of the law of the country in which the child has entered

Visa for the child

According to regulations of the law of the country in which the adopted child has entered

Step 11:

Grant a Certificate of intercountry adoption

The Ministry of Justice

Vietnam intercountry adoption office/the adoptive parent (if requested)

As soon as possible (recommendation: within 02 days) after the adoption ceremony

The Certificate of intercountry adoption in conformity with the Lahay Convention

 

Step 12:

Leave Vietnam

The adoptive parent and adopted child

Vietnam intercountry adoption office

After completing necessary procedures

 

 

 


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This translation is made by THƯ VIỆN PHÁP LUẬT and for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

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