Decree No. 19/2011/ND-CP dated March 21, 2011 of the Government providing in detail for implementation of a number of Articles of the Law on adoption

DOMESTIC ADOPTION REGISTRATION FEE IS VND 400.000 PER CASE

On March 21/, 2011, the Government issued the Decree No. 19/2011/ND-CP providing in detail for implementation of a number of articles of the law on adoption. Accordingly, the domestic adoption registration fee is 400.000 dong per case; Inter-country adoption registration fee is nine million dong (9.000.000 dong)/case; Adoption registration fee at the representative agencies is three million dong (3.000.000 dong)/case.

Exempting domestic adoption registration fee for the case stepfather or stepmother adopts their stepchild; natural aunt, uncle, child’s father’s elder brothers adopt their nephews, nieces; adopt children as provided in clause 1 Article 3 of this Decree and adoption in the remote areas.

In particular, Reducing 50% of rate of Inter-country adoption registration fee for the case that stepfather or stepmother adopts their stepchild; natural aunt, uncle, child’s father’s elder brothers adopt their nephews, nieces. If adopting two and above children are siblings, shall be reduced 50% of rate of Inter-country adoption registration fee from the second child.

The Decree also accepts the caste that adoption arose in reality between Vietnamese citizens but have not yet registered before the date of first of January, 2011, if it meets conditions referred to clause 1 Article 50 of Law on Adoption, shall be registered from January 01, 2011 to December 31, 2015 at the Commune-level People’s Committees in which adoptive parents and adopted child permanently residing.

As per competence for adoption registration, the Decree regulates in details that For domestic adoption, the People’s Committees of Commune, Ward, Township (hereinafter called as The Commune-level People’s Committees) of place in which adoptee permanently residing are competent to register adoption; Regarding inter-country adoption, the People’s Committees of centrally-affiliated Provinces, Cities (hereinafter called the Provincial-level People’s Committees), in which the adopted persons are permanently residing shall decide to let such person to be adoptee;

In case stepfathers or stepmothers allow their wife or husband’s step-children to be their adoptees; natural aunts, uncles allow their nephews, nieces to be their adoptees or having an agreement between adopting person and natural parents or guardian of children allowed to be adoptees, the Commune-level People’s Committees of place in which adopting persons permanently residing are competent to register adoption.
This decree takes effect on May 8, 2011, annulling chapter IV “Adoption” from Article 35 to Article 64, Article 71 and other relative provisions on foreign elemental adoption in Decree No. 68/2002/ND-CP dated July 10, 2002 of Government; from Article 25 to Article 28 and the other relative provisions on order, procedure for adoption registration in Decree No.158/2005/ND-CP dated December 27, 2005 of the Government on management and registration of civil status and so on.