Circular 11/2021/TT-BTP amending Circular 21/2011/TT-BTP management of foreign child adoption offices in Vietnam

CIRCULAR

Amending and supplementing a number of articles of the Minister of Justice’s Circular No. 21/2011/TT-BTP of November 21, 2011, on the management of foreign child adoption offices in Vietnam^[1]

Pursuant to the June 17, 2010 Law on Child 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 Child Adoption; and the Government’s Decree No. 24/2019/ND-CP of March 5, 2019, amending and supplementing a number of articles of Decree No. 19/2011/ND-CP;

Pursuant to the Government’s Decree No. 96/2017/ND-CP of August 16, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

At the proposal of the Child Adoption Department;

The Minister of Justice promulgates the Circular amending and supplementing a number of articles of the Minister of Justice’s Circular No. 21/2011/TT-BTP of November 21, 2011, on the management of foreign child adoption offices in Vietnam.

Article 1. To amend and supplement a number of articles of the Minister of Justice’s Circular No. 21/2011/TT-BTP of November 21, 2011, on the management of foreign child adoption offices in Vietnam

1. To amend and supplement Points d and dd of, add Point m to Clause 1, and add Clause 3 to Article 6 as follows:

“d/ Sending photos and report on, and provide adequate and detailed information on health records of, the child eligible for overseas adoption to the adoptive person or foreign competent agencies after receiving a written approval of the Child Adoption Department;

dd/ Providing assistance in the terms of supplementary or intensive health check-ups, medical examination or treatment and medical care for the child eligible for overseas adoption at the request of the adoptive person; providing assistance in preparation of psychological issues, language and other necessary conditions for the child eligible for overseas adoption;

m/ Requesting the certification of the child adoption under Article 38 of the Law on Child Adoption;

3. In case a foreign child adoption organization has its license to operate in Vietnam revoked under Clause 3, Article 43 of the Law on Child Adoption, the Child Adoption Department shall discuss with foreign competent agencies on support measures to complete the processing of dossiers already forwarded to the Ministry of Justice.”.

2. To amend and supplement Clause 2, Article 9 as follows:

“Based on reports of adoptive parents, foreign child adoption offices shall send to the Child Adoption Department reports on development of Vietnamese children adopted overseas under Point g, Clause 2, Article 43 of the Law on Child Adoption.”.

3. To amend and supplement Clause 1 of, and add Clause 3 to, Article 10 as follows:

“1. Foreign child adoption offices in Vietnam shall send to the Child Adoption Department biannual and annual reports on their operation, made according to Form of report on operation of foreign child adoption offices in Vietnam promulgated together with the Minister of Justice’s Circular No. 10/2020/TT-BTP, promulgating and guiding the making of entries in, and use, management and archive of, child adoption registers, paper forms and dossiers.

3. Foreign child adoption offices shall submit reports specified in Clause 1 of this Article in paper form or electronic versions in pdf format of such paper-based reports.

4. To add Article 10a below Article 10 as follows:

“Article 10a. Making, management, use and keeping of registers and forms

1. Foreign child adoption offices in Vietnam shall make, manage and use books and forms.

2. Heads of foreign child adoption offices in Vietnam shall use and manage books and forms; archive documents arising in the course of operation; annually make statistics and records; take technical measures for protecting, safekeeping and ensuring the use of archived documents.”.

5. To add Point g to Clause 1, Article 12 as follows:

“g/ Performance of the obligation of making, management and use of registers and forms.”.

Article 2. To replace and abolish a number of phrases, points and articles of the Minister of Justice’s Circular No. 21/2011/TT-BTP of November 21, 2011, on management of foreign child adoption offices in Vietnam

1. To replace the word “introduced” and phrase “introduced for adoption” at Point e and Point i, Clause 1 of Article 6, respectively, with the phrase “eligible for overseas adoption”.

2. To replace the mark “.”at the end of Point 1, Clause 1, Article 6, and Point e, Clause 1, Article 12 with the mark “;”.

3. To abolish the phrase “Reporting periods are as follows:” in Clause 1, Article 9.

4. To annul Points a and b, Clause 1, Article 9.

5. To abolish the word “general” in Clause 3, Article 9.

6. To annul Article 7.

Article 3. Implementation provision

This Circular takes effect on February 11, 2022.-

For the Minister of Justice
Deputy Minister
NGUYEN KHANH NGOC