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^[1]

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 identified 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 aid 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 aid, 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 shall 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 of 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;

c/  Biannually and annually, or when so requested, nurturing centers shall report on the receipt, use and management of financial humanitarian assistance amounts in accordance with law and report to the Department of Child Adoption  on the receipt, management and use of financial humanitarian assistance amounts provided by foreign adoptive parents and foreign adoption organizations licensed to operate in Vietnam.”

4. To amend and supplement Article 6 as follows:

“Article 6. Checking and finding of persons to adopt children

1. In case an abandoned child, an orphan or a helpless child is temporarily nurtured or cared for by an individual, a family or an organization in accordance with law, the commune-level People’s Committee shall monthly check and assess the child’s need for adoption. If there is a domestically residing Vietnamese citizen wishing to adopt the child, the commune-level People’s Committee shall consider and settle, or guide the adoption under law.

2. When admitting an abandoned child, an orphan or a helpless child, a nurturing center shall assess the child’s need for adoption. If there is a domestically residing Vietnamese citizen wishing to adopt the child, the nurturing center shall hand over him/her 1set of the child’s dossier for registration of the adoption.

If there is no domestically residing Vietnamese citizen wishing to adopt the child, the nurturing center shall make a dossier of the child, comprising the papers and documents prescribed at Points a and b, Clause 1, Article 32 of the Adoption Law and send it to its management agency for consultation. Within 5 working days after receiving a complete dossier, the management agency shall send its opinions, enclosed with the child’s dossier, to the concerned provincial-level Department of Justice for making an announcement to find a person to adopt the child.

3. The finding of a person to adopt a child shall be implemented as follows:

a/ When receiving a child’s dossier prescribed in Clause 2 of this Article, if there is a domestically residing Vietnamese citizen registering his/her adoption need prescribed in Article 16 of the Adoption Law, the provincial-level Department of Justice shall hand over 1 set of the child’s dossier to such person, and introduce him/her to the commune-level People’s Committee of the locality where the nurturing center is based for consideration and settlement in accordance with law;

b/ If there is no domestically residing Vietnamese citizen registering adoption need and  the child does not fall into the case prescribed in Clause 1, Article 3 of this Decree, the provincial-level Department of Justice shall make an announcement to find a person to adopt the child. After the announcement period prescribed at Point c, Clause 2 of Article 15 of the Adoption Law expires, if there is no domestically residing Vietnamese citizen wishing to adopt the child, the provincial-level Department of Justice shall send 1 set of the child’s dossier, comprising the papers and documents prescribed in Clause 1, Article 32 of the Adoption Law, to the Department of Child Adoption for making an announcement to find a person to adopt the child as prescribed at Point d, Clause 2, Article 15 of the Adoption Law.

If the child falls into the case prescribed in Clause 1, Article 3 of this Decree, the provincial-level Department of Justice shall make certification of the child’s eligibility for adoption, and send to the Department of Child Adoption 1 set of the child’s dossier comprising the papers and documents prescribed at Points a and b, Clause 1, Article 32 of the Adoption Law and Clause 3, Article 16 of this Decree to find a person who has appropriate conditions for nurturing and caring for the child for identified adoption.”

5. To amend and supplement Clauses 2 and 3, Article 10 as follows:

“2. Based on the adoption certificate, at the request of adoptive parents and the consent of the adopted child aged full 9 years or older, competent civil-status registration agencies shall effect the change of the last name, middle name and first name of the adopted child in accordance with the civil law and law on civil status.

3. The supplementation and change of parent information in the birth certificate of the adopted child must comply with the law on civil status.”

6. To amend Clause 2 of, and add Clause 3 to, Article 14 as follows:

“2. For a child subject to introduction procedures, the following documents are required:

a/ The provincial-level Department of Justice’s document together with papers and documents on the announcement to seek for a domestic substitute family for the child under Point c, Clause 2, Article 15 of the Adoption Law;

b/ The Department of Child Adoption’s document certifying that there is no domestically residing person wishing to adopt the child though the announcement period has expired as prescribed at Point d, Clause 2, Article 15 of the Adoption Law.

3. In the ceremony of handing and receipt of the adopted child, the provincial-level Department of Justice shall hand to the adoptive parent(s) 1 set of the child’s dossier comprising the papers prescribed in Clause 1, Article 32 of the Adoption Law and the written consent to the adoption given by the child’s natural parent(s) or guardian and the child himself/herself, in case the child is aged full 9 years or older; in case the child is living at a nurturing center, the written consent of the director of the nurturing center to the child adoption is required.”

7. To amend and supplement Article 16 as follows:

“1. Before certifying a child’s eligibility for intercountry adoption under Clause 2, Article 33 of the Adoption Law, the provincial-level Department of Justice shall check and appraise the child’s dossier against regulations on cases and ages of children eligible for adoption, cases of identified adoption, and cases of adoption through introduction procedures.

For an abandoned child introduced for intercountry adoption, there must be the provincial-level public security agency’s document verifying and giving a clear conclusion that the child is abandoned and his/her parents cannot be identified.

In case the provincial-level public security agency can verify information on the natural parent(s) of an abandoned child and the provincial-level Department of Justice is able to contact such natural parent(s), the provincial-level Department of Justice shall consult such parent(s) before certifying the child’s eligibility for adoption.

In case of impossibility to contact the child’s natural parent(s), the provincial-level Department of Justice shall post up at its head office the verification result within 60 days after receiving it, and request in writing the commune-level People’s Committee of the locality where the natural parent(s) last reside(s) to post up the announcement of the child adoption. The posting period is 60 days from the date the commune-level People’s Committee receives the written request of the provincial-level Department of Justice.

2. The certification of a child’s eligibility for adoption must assure that the child meets requirements on age, criteria for identified adoption or adoption through introduction procedures and that his/her dossier is complete and valid.

Provincial-level Departments of Justice shall make written certifications of eligibility for adoption on a case-by-case basis.

3. After certifying that a child is eligible for intercountry adoption, a provincial-level Department of Justice shall send to the Department of Child Adoption a written certification of the child’s eligibility for intercountry adoption and the provincial-level public security agency’s written verification, in case the child is abandoned, or the written consent to the adoption given by the child’s natural parent(s) or guardian and the child himself/herself, in case the child is aged 9 years or older; in case the child is living at a nurturing center, the written consent of the director of the nurturing center to the child adoption is required.”

8. To amend and supplement Clause 3, Article 20 as follows:

“3. When examining the results of child adoption prescribed in Clause 2, Article 28 and Clause 2, Article 36 of the Adoption Law, the Department of Child Adoption may consult psychological, health, family and social affairs experts. If the child meets all conditions for intercountry adoption, and introduction of that child for adoption complies with the prescribed order and procedures and is in the best interests of the child, the Department of Child Adoption shall notify in writing the adopting person and the concerned foreign central child adoption authority, enclosed with an assessment report on the child’s eligibility for intercountry adoption, the written consent given by the child’s natural parent(s) or guardian and the adopted child himself/herself, if the child is aged full 9 years or older, to the adoption; in case the child is living at a nurturing center, the written consent of the director of the nurturing center to the child adoption is required. If the child fails to meet all the adoption conditions or the introduction of the child for adoption fails to comply with the prescribed order and procedures or is not in the best interests of the child, the Department of Child Adoption shall report such to the provincial-level Department of Justice.”

9. To amend Article 30 as follows:

“Article 30. Recording of adoption cases already settled at competent foreign authorities in adoption registers

1. An adoption case between Vietnamese citizens or between a Vietnamese citizen and a foreigner which has been settled at a competent foreign authority shall be recorded in the adoption register in the following cases:

a/ The adoption case is settled under a treaty to which Vietnam and the country where the case is settled are the contracting parties;

b/ The adoption case is settled in accordance with the law of the foreign country, unless it violates fundamental principles of the law of the Socialist Republic of Vietnam.

2. The competence and procedures for recording adoption cases already settled at competent foreign authorities in adoption registers must comply with the law on civil status.

For an adoption case which is settled in accordance with Point a, Clause 1 of this Article, in addition to the papers prescribed in Clause 1, Article 49 of the Law on Civil Status, the dossier must also comprise the foreign competent authority’s written certification that the child adoption complies with a treaty.

3. The Department of Child Adoption shall post up on the Ministry of Justice’s portal the list of countries having cooperation relations with Vietnam under treaties on child adoption.”

Article 2.To replace or annul a number of provisions of the Government’s Decree No. 19/2011/ND-CP f March 21, 2011, detailing a number of articles of the Adoption Law

1. To replace the phrase “recognition of adoption cases already registered at competent foreign authorities” in Clause 2, Article 1, and Section 6, of Chapter II with the phrase “recording of adoption cases already settled at competent foreign authorities in adoption registers”.

2. To abolish the phrase “of the head of a foreign adoption organization under Point e and” in Clause 3, Article 5.

3. To annul Clause 3 of Article 3, Article 11, and Points dd and e, Clause 1 of Article 31.

Article 31.Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.

Article 4.Implementation provision

This Decree takes effect on April 25, 2019.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC