Law No. 52/2010/QH12 dated June 17, 2010 of the National Assembly on Adoption
For adopting a child aged full 9 years or older, his/her consent must be also obtained
This is a remarkable content defined in the Law No. 52/2010/QH12 dated June 17, 2010 of the National Assembly on Adoption.
Specifically, persons allowed to be adopted include children under 16 years; Persons aged between full 16 years and under 18 years who are adopted by the step fathers, step mothers, natural aunts or uncles. Besides, a person may be adopted by only one single person or two persons being husband and wife.
Adoption must be consented to by the natural parents of the person to be adopted; if a natural parent is dead or missing or has lost civil act capacity or is unidentifiable, consent of the other must be obtained; if both natural parents are dead or missing or have lost civil act capacity or are unidentifiable, consent of the guardian must be obtained; for adopting a child aged full 9 years or older, his/her consent must be also obtained.
From the date of delivery and receipt of an adopted child, the adoptive parents and adopted child will have all the rights and obligations between parents and child; the natural parents no longer have the rights and obligations to care for, nurture, provide financial support for, represent at law, pay damages for, manage and dispose of personal property of, their child already adopted.
This Law takes effect on January 01, 2011.
For further details of the Law 52/2010/QH12, Click here
translation of the Official Gazette of the Vietnam News Agency
Order No. 05/2010/L-CTN of June 28, 2010, on the promulgation of law
THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 7th session;
Pursuant to Article 91 of the Law on Organization of the National Assembly;
Pursuant to Article 57 of the Law on Promulgation of Legal Documents,
the Law on Adoption,
which was passed on June 17, 2010, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 7th session.
President of the Socialist Republic of Vietnam
NGUYEN MINH TRIET
Law on Adoption
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Adoption.
Article 1. Scope of regulation
This Law provides the principles and conditions for adoption; competence, order and procedures for settling adoptions; rights and obligations of adoptive parents, adopted children and natural parents; and responsibilities of agencies and organizations in adoption.
Article 2. Purposes of adoption
Adoption aims to establish permanent parent and child relationships in the best interests of adopted persons, ensuring that adopted persons are nurtured, cared for and educated in the family environment.
Article 3. Interpretation of terms
In this Law, the terms below are construed as follows:
1. Adoption means the establishment of parent and child relationships between the adopting and adopted persons.
2. Adoptive parent means the person who adopts another after the adoption is registered by a competent state agency.
3. Adopted person means the person who is adopted after the adoption is registered by a competent state agency.