Decree 06/2025/ND-CP amending the Decrees on adoption
ATTRIBUTE
Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
Official number: | 06/2025/ND-CP | Signer: | Le Thanh Long |
Type: | Decree | Expiry date: | Updating |
Issuing date: | 08/01/2025 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
Fields: | Justice , Marriage and family |
THE GOVERNMENT ______ No. 06/2025/ND-CP | THE SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness _______________________ Hanoi, January 08, 2025 |
DECREE
Amending and supplementing a number of articles of
the Decrees on adoption
_____________
Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;
Pursuant to the Law on Adoption dated on June 17, 2010;
At the proposal of the Minister of Justice;
The Government promulgates the Decree amending and supplementing a number of articles of the Decrees on adoption.
Article 1. Amending and supplementing a number of articles of the Decree No. 19/2011/ND-CP dated March 21, 2011 of the Government detailing the implementation of a number of articles of the Law on Adoption, which was amended and supplemented under the Decree No. 24/2019/ND-CP dated March 5, 2019 of the Government
1. To amend and supplement Clause 2, Article 3 of the Decree No. 19/2011/ND-CP as follows:
“2. Children who are subjects provided in Clause 1 of this Article, if they are inter-country adopted, shall be exempted from procedures of introducing children for adoption defined in Clause 1, Article 36 of Law on Adoption.”
2. To amend and supplement Article 5 of the Decree No. 19/2011/ND-CP as follows:
“Article 5. Term and validity of documents
1. The health certificate, documents certifying of the family status, accommodation circumstances, economic conditions of domestic adopting persons as prescribed in Article 17 of the Law on Adoption and health certificate as prescribed at Point dd, Clause 1, Article 21 of this Decree shall be valid if they are granted not excess 06 months, from the date of applying dossiers at the Commune-level People’s Committees.
2. The health certificate, a completed questionnaire on psychology, family, income and property certificate as prescribed in Clause 1, Article 31 of the Law on Adoption, the health certificate and document on the remarkable characteristics, hobbies and habits of the child as prescribed in Clause 1, Article 32 of the Law on Adoption shall be valid if they are granted not excess 12 months, from the date of applying dossiers at the competent authority.
3. The judicial record sheet of issued by competent agencies of foreign countries for the adopting persons as prescribed at Point g, Clause 1, Article 31 of the Law on Adoption and Point b, Clause 1, Article 21 of this Decree, and of the persons expected to be head of the foreign adoption agencies in Vietnam as prescribed at Point g, Clause 1, Article 31 of this Decree, shall be valid if they are granted not excess 12 months, from the date of applying dossiers at the competent authority.
4. The documents in the dossiers of adopting persons and the adopted persons, the dossier of request for grant, extension and modification of the Operating License of a foreign adoption organization in Vietnam made, issued, or certified by a competent agency, organization, or individual, which are erased or modified to distort the content or the information in the documents or papers is declared untruthfully, are invalid. Those who erase, modify or falsify content or declare false information will be subject to penalties according to the law.”
3. To amend and supplement Article 6 of the Decree No. 19/2011/ND-CP as amended and supplemented in Clause 4, Article 1 of the Decree No. 24/2019/ND-CP 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, every 6 months, the commune-level People’s Committee shall 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. If there is no domestically residing Vietnamese citizen wishing to adopt the child, the commune-level People’s Committee shall send a document with the child’s dossier to the provincial-level Department of Justice to find a person to adopt the child in accordance with Clause 3 of this Article, and at the same time report to the district-level People's Committee for information.
2. In case of an abandoned child, an orphan or a helpless child living in a nurturing center, the nurturing center shall assess the child’s need for adoption, shall make a dossier of the child, comprising the papers and documents prescribed in Clause 1, Article 18 of the Law on Adoption, and send it to the provincial-level Department of Labor, Invalids and Social Affairs for centers under the responsibility of provincial-level management of agency or the district-level People's Committee for centers under the responsibility of district-level management for consultation. Within 05 working days from the date of receiving the complete dossier, the provincial-level Department of Labor, Invalids and Social Affairs or the district-level People's Committee shall send its opinion to the provincial-level Department of Justice with the child's dossier for making an announcement to find a person to adopt the child as prescribed in Clause 3 of this Article.
3. The finding of a person to adopt a child shall be implemented as follows:
a) When receiving a child's dossier as prescribed in Clause 1 and Clause 2 of this Article, if there is a domestically residing Vietnamese citizen registering his/her adoption need as prescribed in Article 16 of the Law on Adoption, the provincial-level Department of Justice shall check the conditions of the adopting person before handing over 01 set of the child's dossier to the adopting person and introducing the adopting person to the commune-level People’s Committee with the authority to resolve the adoption for consideration and settlement in accordance with law.
If there is no domestically residing Vietnamese citizen registering adoption need, the provincial-level Department of Justice shall make an announcement to find a person to adopt the child according to the method and time limit prescribed at Point c, Clause 2, Article 15 of the Law on Adoption;
b) Within the announcement period at the provincial level, if domestically residing Vietnamese citizen registers the need to adopt a child in accordance with Article 16 of the Law on Adoption, the provincial-level Department of Justice shall implement the provisions at Point a of this Clause. After the announcement period expires, if no domestically residing Vietnamese citizen adopts the child, the provincial-level Department of Justice shall send the list of children to the Ministry of Justice to notify the finding of a person to adopt the child according to the method and time limit prescribed at Point d, Clause 2, Article 15 of the Law on Adoption;
c) Within the nationwide announcement period, if domestically residing Vietnamese citizen wishes and meets the conditions to adopt a child, he/she shall contact the provincial-level Department of Justice to comply with Point a of this Clause.
After the nationwide announcement period expires and no domestically residing Vietnamese citizen adopts the child, for the children specified in Clause 2 of this Article, the Ministry of Justice shall notify the provincial-level Department of Justice to confirm that the child is eligible for adoption by foreigners.
For children subject to the provisions of Clause 1 of this Article, in case there is no domestically residing Vietnamese citizen to adopt the child, the Ministry of Justice shall notify the provincial-level Department of Justice to request the commune-level People's Committee to prepare a dossier to send the child to a nurturing center if the child cannot be cared for in another appropriate form in accordance with law. In case the nurturing center assesses the child’s need for adoption and makes a dossier of the child in accordance with Clause 2 of this Article, it is not required to re-announce the finding of a domestic person to adopt the child;
d) The content of the announcement to find a person to adopt the child must ensure the child's right to private life and personal and family secrets in accordance with law."
4. To amend and supplement Article 7 of the Decree No. 19/2011/ND-CP as follows:
“Article 7. Dossiers of adopting persons
The dossier of a domestic adopting person is made into 01 set, including the documents specified in Article 17 of the Law on Adoption and is implemented as follows:
1. The adopting person shall submit his/her dossier to the commune-level People's Committee that has the authority to resolve adoption by submitting it directly, sending it via the postal system or submitting it online in accordance with the law on performing administrative procedures in the electronic environment.
For the judicial record sheet prescribed in Clause 3, Article 17 of the Law on Adoption, the adopting person shall submit the judicial record sheet No. 1.
2. In case the adopting person submits an electronic judicial record sheet, the commune-level People's Committee with the authority to resolve the adoption can search information and data on the adopting person's personal identity and marital status from the National Population Database and specialized databases, then the adopting person does not have to submit paper copies of the documents specified in Clause 2, Clause 3 and Clause 4, Article 17 of the Law on Adoption.
The search results are stored by the commune-level People's Committee in electronic or paper form, fully and accurately reflecting the information at the time of search and attached to the dossier of adopting person.
3. For the documents certifying of the family status, accommodation circumstances, economic conditions of adopting persons as prescribed in Clause 5, Article 17 of the Law on Adoption: In case the adopting person has different permanent residence and current residence, within 02 working days from the date of receiving the adopting person's request, the commune-level People's Committee where the adopting person has permanent residence shall directly verify within 05 working days or issue a written request to the commune-level People's Committee where the adopting person currently resides to verify and assess the family status, accommodation circumstances, economic conditions of adopting persons. Within 05 working days from the date of receipt of the request, the commune-level People's Committee of the place in which the adopting person currently resides shall verify and assess the content of the documents certifying of the family status, accommodation circumstances, economic conditions of adopting persons and issue a written notice of the assessment results to the commune-level People's Committee of the place in which the adopting person permanently resides."
5. To amend and supplement Clause 1, Article 10 of the Decree No. 19/2011/ND-CP as follows:
“1. Within 05 working days from the end of the time limit for changing opinions as prescribed in Clause 3, Article 9 of this Decree, the commune-level People's Committee shall register the adoption and organize the delivery and receipt of adopted children. The delivery and receipt of adopted child is organized at the headquarters of the commune-level People's Committee where the adoption is registered in the presence of the adoptive parents, the natural parents, the guardian or the representative of the nurturing center and the adopted child. In case either of the adoptive parents or the natural parents of the child cannot be present at the child delivery and receipt ceremony for objective reasons, he/she must make an authorization to the other.
The civil status – judicial officers shall record the adoption in the adoption register and hand the domestic adoption certificates to the delivering and receiving parties. The electronic copy of the domestic adoption certificate is sent via the individual's electronic data management warehouse or via personal email. The delivery and receipt of adopted children must be recorded in the minutes, with the signatures or fingerprints of the parties and the representative of the commune-level People's Committee of the place where the case is settled."
6. To add Article 10a after Article 10 of the Decree No. 19/2011/ND-CP as amended and supplemented in Clause 5, Article 1 of the Decree No. 24/2019/ND-CP as follows:
“Article 10a. Notification of the growth of adopted children
1. In case the adopting persons change their permanent residence before the deadline for notification of the growth of adopted child has expired, the adopting persons are responsible for continuing to notify the commune-level People's Committee where they move to about the adopted child's growth until the deadline for notification as prescribed in Clause 1, Article 23 of the Law on Adoption expires.
2. The commune-level People's Committee where the adopting persons move to is responsible for checking and monitoring the implementation of the adoption in accordance with Clause 2, Article 23 of the Law on Adoption."
7. To amend and supplement Clause 5, Article 13 of the Decree No. 19/2011/ND-CP as follows:
“5. Confirmation document of the commune-level Public Securities of the adopting persons’ Vietnam residence and the other papers, documents proving that the adopting persons are the foreigners working, educating uninterruptedly in Vietnam for an at least 01 year period, counted to the date of application of dossiers at the Ministry of Justice.”
8. To amend and supplement Clause 1, Article 15 of the Decree No. 19/2011/ND-CP as follows:
“1. The provincial-level Department of Justice shall examine the dossiers and assign officials to collect opinions from concerned persons on allowing children to be overseas adopted in accordance with Clause 1, Article 33 of the Law on Adoption.
In case the natural parents or guardians of the child reside in another locality, the provincial-level Department of Justice of the place where the case is settled shall assign an official or send a written request to the provincial-level Department of Justice where the natural parents or guardians of the child reside to collect opinions on allowing children to be overseas adopted. Within 05 working days from the date of receiving the request from the provincial-level Department of Justice of the place where the case is settled, the provincial-level Department of Justice where the child's natural parents or guardian resides shall collect opinions on allowing children to be overseas adopted in accordance with the law and send a written consent of the adoption given by the child’s natural parents or guardian to the provincial-level Department of Justice of the place where the case is settled."
9. To amend and supplement a number of clauses of Article 16 of the Decree No. 19/2011/ND-CP as amended and supplemented in Clause 7, Article 1 of the Decree No. 24/2019/ND-CP as follows:
a) To amend and supplement Clause 1 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 adoption through introduction procedures, and cases that are resolved as prescribed in Clause 2, Article 28 of the Law on Adoption.
For an abandoned child introduced for intercountry adoption, there must be a written verification and clear conclusion from the provincial-level Public Security on the origin of the abandoned children, that the natural parents have not been identified and no issues related to human trafficking have been discovered. In case the child's dossier shows that the child's natural parents reside in another locality, the provincial-level Public Security of the place where the case is settled will directly verify or send a written request to the provincial-level Public Security where the child's natural parents reside for verification.
In case of an abandoned child whose information on the natural parents is verified by the provincial-level Public Security and the provincial-level Department of Justice is able to contact the natural parents, the provincial-level Department of Justice shall collect the opinions of the natural parents before confirming that the child is eligible for adoption.
In case it is impossible to contact the natural parents, the provincial-level Department of Justice shall post the information at the headquarters of the provincial-level Department of Justice within 60 days from the date of receiving the verification results, and at the same time send a written request to the commune-level People's Committee where the natural parents reside to post the information at the headquarters of the commune-level People's Committee on the adoption of the child. The posting period is 60 days from the date the commune-level People's Committee receives the written request from the provincial-level Department of Justice. Within 05 working days from the date of expiration of the posting period, the commune-level People's Committee shall send a document to the provincial-level Department of Justice notifying the results of the posting in the locality."
b) To amend and supplement Clause 3 as follows:
“3. After certifying that a child is eligible for intercountry adoption, the provincial-level Department of Justice shall send to the Ministry of Justice a dossier including the documents prescribed in Clause 1, Article 32 of the Law on Adoption, together with a document certifying that a child is eligible for intercountry adoption, the provincial-level Public Security’s written verification, in case the child is abandoned; 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."
10. To amend and supplement Clause 1 and Clause 2, Article 17 of the Decree No. 19/2011/ND-CP as follows:
“1. In case of adoption as prescribed at Points a, b, c and dd, Clause 2, Article 28 of the Law on Adoption, the adopting person shall apply dossiers to the Ministry of Justice directly or send the dossiers via the postal system. In case of authorizing a person residing in Vietnam to apply the dossiers, there must be a written authorization. The authorization document made, issued and certified by competent foreign authorities must be translated into Vietnamese; the consular legalization of such authorization document is carried out in accordance with the law.
2. In case of adopting a child living in a nurturing center, the adopting person permanently residing in the country is contracting party of a treaty on coordinating adoption with Vietnam shall apply dossiers to the Ministry of Justice via such country adoption agencies granted license for operating in Vietnam. The adoption agencies can choose to apply dossiers directly to the Ministry of Justice or send them via the postal system.
In case the adopting person permanently resides in a country where there is no adoption agencies granted license for operating in Vietnam, the adopting person shall apply dossiers to the Ministry of Justice through the concerned foreign central child adoption authority of the country of the place in which the adopting person permanently resides, or the diplomatic representative agencies or consular representative agencies of such country in Vietnam.”
11. To amend and supplement Article 19 of the Decree No. 19/2011/ND-CP as follows:
“Article 19. Transfer of adopting person's dossier to the provincial-level Department of Justice
1. For the cases specified at Points a, b and c, Clause 2, Article 28 of the Law on Adoption, the Ministry of Justice shall transfer the adopting person's dossier to the provincial-level Department of Justice so that the provincial-level Department of Justice can examine and verify the adopting person's dossier, collect opinions from concerned persons on allowing children to be adopted and confirm that the adopted person is eligible to be adopted by a foreigner.
2. In case child living in nurturing centers is subject to the provisions of Clause 1, Article 3 of this Decree, after receiving the child's dossiers and documents as prescribed in Clause 3, Article 16 of this Decree, the Ministry of Justice shall issue a written request to foreign adoption offices in Vietnam to find the person with suitable conditions to care for and raise the child. After finding a person with suitable conditions to care for and raise the child, the Ministry of Justice shall settle the child's intercountry adoption according to the method and time limit prescribed in Clauses 2 and 3, Article 36 of the Law on Adoption and transfer the adopting person's dossier to the provincial-level Department of Justice to complete the procedure.
3. In case of settling adoption for child living in nurturing centers according to the introduction’s procedure, the Ministry of Justice shall transfer the adopting person's dossier to the provincial-level Department of Justice in accordance with Clause 3, Article 34 of the Law on Adoption to carry out the introduction of child. The transfer of dossiers must be based on the number of children eligible for adoption by foreigners and the number of approved adopting persons' dossiers, ensuring the selection of the most suitable family for the children."
12. To amend and supplement Clause 3, Article 20 of the Decree No. 19/2011/ND-CP as amended and supplemented in Clause 8, Article 1 of the Decree No. 24/2019/ND-CP as follows:
“3. While examining the results of settlement of intercountry adoptions as prescribed in Clause 2, Article 28 and Clause 2, Article 36 of the Law on Adoption, the Ministry of Justice shall seek opinions from psychological, medical, family and social experts if necessary. If the child is eligible for intercountry adoption, the adoption must comply with orders, procedures as provisions and meet children’s best benefits, the Ministry of Justice shall notify in writing the adopting person and concerned foreign central child adoption authority of the country of the place in which the adopting person permanently resides, along with the following documents and papers:
a) Report on assessment of Vietnamese child's eligibility for intercountry adoption;
b) Child's birth certificate;
c) Receipt decision, for children in nurturing centers;
d) Child's health certificate;
dd) 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, written consent of the director of the nurturing center to the child adoption is required.
In cases a child is not eligible for adoption, the adoption does not comply with orders, procedures as provisions and meet child’s best benefits, the Ministry of Justice shall notify the provincial-level Department of Justice.”
13. To amend and supplement Article 22 of the Decree No. 19/2011/ND-CP as follows:
“Article 22. Procedures for confirming that Vietnamese citizens permanently residing in border areas are eligible to adopt children of neighboring countries residing in border areas, recording in the adoption register that the adoption has been settled at the competent authority of the neighboring country
1. Vietnamese citizens permanently residing in the border areas adopt children of neighboring countries residing in the border areas must have enough conditions referred to Article 14 of Law on Adoption.
2. The dossier of request for confirmation of eligibility for adoption must include documents as prescribed in Article 17 of the Law on Adoption and be made into 01 set.
3. The adopting persons can choose to apply their dossiers to the People's Committee of the district where they permanently reside by submitting it directly, sending it via the postal system or submitting it online in accordance with the law on performing administrative procedures in the electronic environment.
The district-level People's Committee shall examine the dossier and confine if such person has enough conditions to adopt as prescribed in Article 14 of the Law on Adoption. The confirmation of eligibility is sent to the requester via email, electronic data management warehouse, postal system or at the district-level People's Committee.
4. After registering for adoption at the competent authority of the neighboring country, the adopting person must complete the procedure for recording the adoption at the People's Committee of the district where he/she resides in accordance with the law on civil status."
14. To amend and supplement Clause 1, Article 26 of the Decree No. 19/2011/ND-CP as follows:
“1. The dossier of adopting person is made into 01 set, including the documents specified in Article 17 of the Law on Adoption.
For the judicial record sheet prescribed in Clause 3, Article 17 of the Law on Adoption, the adopting person shall submit the judicial record sheet No. 1.
In case the adopting person submits an electronic judicial record sheet, the representative agencies can search information on the adopting person's personal identity and marital status from the National Population Database and specialized databases, then the adopting person does not have to submit paper copies of the documents specified in Clause 2, Clause 3 and Clause 4, Article 17 of the Law on Adoption.
The search results are stored by the representative agencies in electronic or paper form, fully and accurately reflecting the information at the time of search and attached to the dossier of adopting person.
In case the adopting person resides in foreign countries for 06 months or more, the judicial record sheet, health certificate, documents certifying of the family status, accommodation circumstances, economic conditions of that person may be issued by the competent authority of the country where such person resides.”
15. To amend and supplement Clause 1, Article 27 of the Decree No. 19/2011/ND-CP as follows:
“1. The adopting person shall submit his/her dossier and the dossier of the adopted person to the representative agencies as prescribed in Clause 3, Article 2 of this Decree by submitting it directly, sending it via the postal system or submitting it online in accordance with the law on performing administrative procedures in the electronic environment.”
16. To amend and supplement Clause 3 and Clause 4, Article 29 of the Decree No. 19/2011/ND-CP as follows:
“3. The person requesting to re-register adoption can choose to submit the dossier for re-registration of adoption directly, sending it via the postal system or submitting it online in accordance with the law on performing administrative procedures in the electronic environment. The written request must contain a guarantee from the person requesting to re-register adoption on the truthfulness of the previous adoption registration and the signatures of at least two witnesses.
The commune-level People's Committee or the provincial-level Department of Justice must clearly explain to the person requesting re-registration of adoption the responsibilities and legal consequences of making false guarantees. Within the scope of their authority, the commune-level People's Committee and the provincial-level Department of Justice shall refuse to re-register the adoption or request the competent authority to cancel the re-registration of the adoption if there is a basis to determine that the content of the guarantee is not true.
4. Within 05 working days from the date of receipt of all valid documents, the Chairperson of the commune-level People's Committee shall sign the domestic adoption certificates. The original domestic adoption certificate is sent to the person requesting re-registration via the postal system or sent directly to the commune-level People's Committee. The electronic copy of the domestic adoption certificate is sent via the individual's electronic data management warehouse or via personal email.
In case of re-registration of adoption involving foreign elements, the provincial-level Department of Justice shall submit to the Provincial People's Committee for decision so that the provincial-level Department of Justice can carry out the next procedures."
17. To amend and supplement a number of clauses of Article 33 of the Decree No. 19/2011/ND-CP as follows:
a) To amend and supplement Clause 1 as follows:
“1. Within 60 days, from the date of receiving a complete and valid dossier, the Ministry of Justice shall examine, consider and decide dossier; interview to examine, value standards of person expected to be head of Vietnam-based foreign adoption agencies; examines, values conditions, skill and knowledge capability and staff-force of foreign adoption agencies; suggest Ministry of Public Security giving opinion.”
b) To amend and supplement Clause 3 as follows:
“3. Within 05 working days from the date of receipt of the written response from the Ministry of Public Security, the Ministry of Justice shall consider and decide to grant operating license of intercountry adoption activities in Vietnam (hereinafter referred to as the License) to the foreign adoption agencies and notify the Ministry of Public Security and the competent tax authority for coordination in management. In case of refusal to grant a License, the Ministry of Justice shall notify the foreign adoption agencies of the reason in writing.”
18. To amend and supplement a number of clauses of Article 34 of the Decree No. 19/2011/ND-CP as follows:
a) To amend and supplement Clause 2 and Clause 3 as follows:
“2. Within 60 days before the License expires, the foreign adoption agencies must send written request for extending to the Ministry of Justice, enclosing with the License and documents issued by the competent authority of the country where the organization was established, allowing the organization to operate in the field of foreign adoption and report of operation in Vietnam.
3. Within 30 days from the date of receiving the complete dossier, the Ministry of Justice shall appraise the dossier; inspect the operations of foreign adoption offices in Vietnam; re-evaluate the professional capacity of foreign adoption agencies if deemed necessary; and request the Ministry of Public Security to give its opinion.”
b) To amend and supplement Clause 5 as follows:
“5. Within 05 working days from the date of receipt of the written response from the Ministry of Public Security, the Ministry of Justice shall consider and decide to extend the License and notify the Ministry of Public Security and the competent tax authority for coordination in management. In case of refusal to extend the License, the Ministry of Justice shall notify the foreign adoption agencies of the reason in writing.”
19. To amend and supplement Article 35 of the Decree No. 19/2011/ND-CP as follows:
“Article 35. Modifications of the License
1. In case a foreign adoption agency changes its name or head office location in the country where it was established, or changes the name or head office location of the foreign adoption office in Vietnam, such agency must send written request to the Ministry of Justice for suggesting to note changed contents.
Within 05 working days from the date of receipt of the request for change note, the Ministry of Justice shall record the change content in the License, notify the Ministry of Public Security and the competent tax authority in case of change of name and head office location of the foreign adoption office in Vietnam for coordination in management.
2. In case of changing the head of the foreign adoption office in Vietnam, the foreign adoption agencies must submit a dossier to the Ministry of Justice, enclosing with the License and 02 sets of documents of the person expected to be the head of the foreign adoption office in Vietnam as prescribed at Point g, Clause 1, Article 31 of this Decree.
Within 15 days from the date of receiving a complete and valid dossier, the Ministry of Justice shall appraise the dossier and request the Ministry of Public Security to give its opinion, enclosing with 01 set of dossiers of the person expected to be the head of the foreign adoption office in Vietnam. Within 15 days from the date of receipt of the request of the Ministry of Justice, the Ministry of Public Security shall respond in writing to the Ministry of Justice.
Within 05 working days from the date of receipt of the written response from the Ministry of Public Security, the Ministry of Justice shall consider and decide to allow the change of the head of the foreign adoption office in Vietnam and notify the Ministry of Public Security and the competent tax authority for coordination in management. In case of refusing the proposed head of the foreign adoption office in Vietnam, the Ministry of Justice shall notify the foreign adoption agencies of the reason in writing.”
Article 2. To replace and annul a number of provisions of the Decree No. 19/2011/ND-CP which was amended and supplemented under the Decree No. 24/2019/ND-CP, the Decree No. 114/2016/ND-CP dated July 8, 2016 of the Government on adoption registration fee and fee for grant of operation licenses of foreign adoption agencies.
1. To replace the following provisions:
a) Replace the phrase “Department of Child Adoption” with the phrase “Ministry of Justice” in Article 13; Clause 3, Article 17; Clause 1, Clause 2 and Clause 3, Article 18; Clause 2, Article 20; Clause 3 and Clause 4, Article 27; Clause 2, Article 31; Clause 2 and Clause 3, Article 36; Clause 2, Article 47 of the Decree No. 19/2011/ND-CP;
b) Replace the phrase "Curriculum vitae" with the phrase "self-declared résumé" at Point g, Clause 1, Article 31 of the Decree No. 19/2011/ND-CP;
c) Replace the phrase "Department of Child Adoption under management of the Ministry of Justice (hereinafter called as Department of Child Adoption)" with the phrase "Ministry of Justice" at Point b, Clause 3, Article 4 of the Decree No. 19/2011/ND-CP, as amended and supplemented at Clause 3, Article 1 of the Decree No. 24/2019/ND-CP;
d) Replace the phrase "Department of Child Adoption" with the phrase "Ministry of Justice" at Point c, Clause 3, Article 4 of the Decree No. 19/2011/ND-CP, as amended and supplemented at Clause 3, Article 1 of the Decree No. 24/2019/ND-CP;
dd) Replace the phrase "Department of Child Adoption" with the phrase "Ministry of Justice" at Point b, Clause 2, Article 14 of the Decree No. 19/2011/ND-CP, as amended and supplemented at Clause 6, Article 1 of the Decree No. 24/2019/ND-CP;
e) Replace the phrase "Department of Child Adoption" with the phrase "Ministry of Justice" in Clause 3, Article 30 of the Decree No. 19/2011/ND-CP, as amended and supplemented in Clause 9, Article 1 of the Decree No. 24/2019/ND-CP;
g) Replace the phrase “Department of Child Adoption (Ministry of Justice)” with the phrase “Ministry of Justice” in Clause 2 and Clause 6, Article 3 of the Decree No. 114/2016/ND-CP;
h) Replace the phrase "Department of Child Adoption (Ministry of Justice)" with the phrase "Office of the Ministry of Justice" in Clause 3, Article 5 of the Decree No. 114/2016/ND-CP.
2. Annul Article 12 of the Decree No. 19/2011/ND-CP.
Article 3. Implementing provisions
1. This Decree shall take effect from the date of its signing.
2. For the adopting person's dossier that has been submitted to the provincial-level Department of Justice as prescribed in Clause 3, Article 22 of the Decree No. 19/2011/ND-CP before the effective date of this Decree, such dossier shall continue to be processed as prescribed in the Decree No. 19/2011/ND-CP.
3. The Ministers, the Heads of ministerial-level agencies, the Heads of Governmental agencies, the Chairpersons of the People’s Committees of centrally-run cities and provinces, the relevant organizations and individuals shall take responsibilities for implementation of this Decree.
| ON BEHALF OF THE GOVERNMENT FOR THE PRIME MINISTER DEPUTY PRIME MINISTER
Le Thanh Long |
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