Decree No. 24/2019/ND-CP amending the Decree No. 19/2011/ND-CP

DECREE

Amending and supplementing a number of articles of the Government’s Decree No.  19/2011/ND-CP of March 21, 2011, detailing a number of articles of the Adoption Law

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 17, 2010 Adoption Law;

At the proposal of the Minister of Justice;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 19/2011/ND-CP of March 21, 2011, detailing a number of articles of the Adoption Law.

Article 1. To amend and supplement a number of articles of the Government’s Decree No.  19/2011/ND-CP of March 21, 2011, detailing a number of articles of the Adoption Law

1. To amend Clause 1, Article 2 as follows:

“1. Regarding domestic adoption, in case the stepfather or stepmother adopts a step child; or the natural aunt or uncle adopts his/her nephew or niece, the commune-level People’s Committee of the locality where the adoptive or adopted person permanently resides shall register the adoption. In case an abandoned child not yet admitted to a nurturing center is adopted, the commune-level People’s Committee which has made the written certification of the child abandonment shall register the adoption; in case a child in a nurturing center is adopted, the commune-level People’s Committee of the locality where the nurturing center is based shall register the adoption.”

2. To amend and supplement Clause 1, Article 3 as follows:

1. Children with disabilities or life-threatening diseases eligible to specific adoption under Point d, Clause 2, Article 28 of the Adoption Law include children with harelip and cleft palate; children blind in one eye or both eyes; dumb or deaf children; children with crooked legs or arms; children without toes, feet, fingers or hands; HIV-infected children; children suffering cardiac diseases; children without anus or sexual organ; children suffering blood diseases; and children with other disabilities or other life-threatening diseases requiring urgent or lifetime treatment.”

3. To amend and supplement Article 4 as follows:

“Article 4. Provision, receipt, management and use of humanitarian assistance at nurturing centers

The provision, receipt, management and use of humanitarian assistance for the nurture, care for and education of children and improvement of capacity of the contingent of child nurturers and caregivers at nurturing centers must comply with Article 7 of the Adoption Law, the law on receipt, management and use of financial aids and donations for public and non-public nurturing centers, and the following specific regulations:

1. Domestic and overseas individuals and organizations may provide humanitarian assistance through programs or projects, provide non-project aids, or finance the child sponsorship fund.

2. When providing humanitarian assistance, individuals and organizations may not request nurturing centers to offer children for adoption; nurturing centers may not commit to offering children for adoption in return for humanitarian assistance they receive.

 Cash given as humanitarian assistance must be transferred via nurturing centers’ bank accounts.

3. When providing or receiving humanitarian assistance, in addition to complying with Clauses 1 and 2 of this Article, foreign adoptive parents, foreign adoption organizations licensed to operate in Vietnam, and nurturing centers also have the following responsibilities:

a/ Foreign adoptive parents shall inform foreign adoption organizations on financial humanitarian assistance amounts already provided in Vietnam;

b/ Biannually and annually, or when so requested, foreign adoption organizations shall report to the Ministry of Justice’s Department of Child Adoption (bellow referred to as the Department of Child Adoption) on financial humanitarian assistance amounts they  and foreign adoption parents have provided;

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