Circular 01/2025/TT-BTP amend Circular 21/2011/TT-BTP on the management of foreign adoption offices in Vietnam

CIRCULAR

Amending and supplementing a number of articles of the Minister of Justice’s Circular No. 21/2011/TT-BTP of November 21, 2011, on the management of foreign adoption offices in Vietnam, which has a number of articles amended and supplemented under the Minister of Justice’s Circular No. 11/2021/TT-BTP of December 28, 2021

Pursuant to the June 17, 2010 Law on Child Adoption;

Pursuant to the Government’s Decree No. 19/2011/ND-CP of March 21, 2011, detailing the implementation of a number of articles of the Law on Child Adoption; the Government’s Decree No. 24/2019/ND-CP of March 5, 2019, amending and supplementing a number of articles of the Government’s Decree No. 19/2011/ND-CP of March 21, 2011, detailing the implementation of a number of articles of the Law on Child Adoption; and the Government’s Decree No. 06/2025/ND-CP of January 8, 2025, amending and supplementing a number of articles of the Decrees on child adoption;

Pursuant to the Government’s Decree No. 98/2022/ND-CP of November 29, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Justice;

At the proposal of the Director of the Department of Child Adoption;

The Minister of Justice promulgates the Circular amending and supplementing a number of articles of the Minister of Justice’s Circular No. 21/2011/TT-BTP of November 21, 2011, on the management of foreign adoption offices in Vietnam, which has a number of articles amended and supplemented under the Minister of Justice’s Circular No. 11/2021/TT-BTP of December 28, 2021.

Article 1. To amend and supplement a number of articles of the Minister of Justice’s Circular No. 21/2011/TT-BTP of November 21, 2011, on the management of foreign adoption offices in Vietnam, which has a number of articles amended and supplemented under the Minister of Justice’s Circular No. 11/2021/TT-BTP of December 28, 2021

1. To amend and supplement Clause 1, Article 2 of Circular No. 21/2011/TT-BTP as follows:

“1. Under Article 37 of Decree No. 19/2011/ND-CP, based on the number and needs of Vietnamese children who wish to seek overseas substitute families, and conditions and capacity of foreign adoption organizations that wish to operate in Vietnam, after discussing with central authorities in charge of international adoption of concerned foreign countries, the Ministry of Justice shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs and the Ministry of Public Security in, deciding on the number of foreign adoption organizations to be licensed to operate in Vietnam (below referred to as foreign adoption organizations)”;

2. To amend and supplement Article 3 of Circular No. 21/2011/TT-BTP as follows:

“Article 3. Participation in carrying out procedures for intercountry adoption settlement 

Foreign adoption offices may participate in carrying out procedures for Vietnamese children to be adopted overseas in accordance with the law on child adoption”

3. To amend and supplement Clause 2, Article 4 of Circular No. 21/2011/TT-BTP as follows:

“2. A foreign adoption organization’s dossier of request for grant, extension or modification of a license for intercountry adoption operation in Vietnam shall be consularly legalized according to Article 30 of the Law on Child Adoption and made in two sets and translated into Vietnamese. Vietnamese translations must have translators’ signatures certified under Vietnam’s law”.

4. To amend and supplement Point a, Clause 1, Article 5 of Circular No. 21/2011/TT-BTP as follows:

“a/ After receiving a written reply from the Ministry of Public Security specified in Clause 2, Article 33; or Clause 4, Article 34, and Clause 2, Article 35, of Decree No. 19/2011/ND-CP, which has a number of articles amended and supplemented under the Government’s Decree No. 06/2025/ND-CP of January 8, 2025, amending and supplementing a number of articles of the Decrees on child adoption, the Minister of Justice shall consider and decide on the grant, extension or modification of licenses for intercountry adoption for foreign adoption organizations”.

5. To amend and supplement Clause 3, Article 6 of Circular No. 21/2011/TT-BTP, which is amended and supplemented under Clause 1, Article 1 of Circular No. 11/2021/TT-BTP, as follows:

“3. In case a foreign adoption organization has its license for child adoption in Vietnam revoked under Clause 1, Article 36 of the Decree No. 19/2011/ND-CP, the Ministry of Justice shall discuss with the central authority in charge of international adoption of the concerned foreign country on:

a/ Support measures to complete the settlement of the dossiers already forwarded to the concerned provincial-level Department of Justice;

b/ Methods to further perform the responsibility to report on the development of Vietnamese children adopted overseas according to Point g, Clause 2, Article 43 of the Law on Child Adoption".

6. To amend and supplement Clause 1, Article 10 of Circular No. 21/2011/TT-BTP, which is amended and supplemented under Clause 3, Article 1 of Circular No. 11/2021/TT-BTP, as follows:

“1. Foreign adoption offices in Vietnam shall send to the Ministry of Justice biannual and annual reports on the operation of foreign adoption offices licensed to operate in Vietnam”.

7. To amend and supplement Clause 1, Article 11 of Circular No. 21/2011/TT-BTP as follows:

“1. The Ministry of Justice shall manage and inspect foreign adoption offices in Vietnam”.

8. To amend and supplement Clause 4, Article 13 of Circular No. 21/2011/TT-BTP as follows:

“4. Within 30 days after completing an inspection, the Ministry of Justice shall notify the inspection conclusions to foreign adoption offices in Vietnam and foreign adoption organizations”.

9. To amend and supplement Clause 1, Article 15 of Circular No. 21/2011/TT-BTP as follows:

“1. Foreign adoption offices, and heads of foreign adoption offices in Vietnam that strictly comply with this Circular and other relevant regulations and record outstanding achievements in providing assistance in seeking substitute families for children in special circumstances or helping children with disabilities and children infected with dangerous diseases in Vietnam shall be entitled to commendation. The commendation regime must comply with current regulations”.

10. To amend and supplement Article 18 of Circular No. 21/2011/TT-BTP as follows:

“Article 18. Organization of implementation

1. The Ministry of Justice shall organize the implementation of this Circular and coordinate with the Ministry of Public Security and the Ministry of Foreign Affairs in managing foreign adoption offices in Vietnam.

2. Any problems or new matters arising in the course of implementation of this Circular should be reported to the Ministry of Justice for timely guidance”.

Article 2. To replace a number of phrases in Circular No. 21/2011/TT-BTP, which has a number of articles amended and supplemented under Circular No. 11/2021/TT-BTP

1. To replace the phrase “the Department of Child Adoption” at Points b, c and e, Clause 1 of Article 6; Clauses 1 and 2, Article 8; Clause 4, Article 9; and Clause 2, Article 13, of Circular No. 21/2011/TT-BTP, with the phrase “the Ministry of Justice”.

2. To replace the phrase “the Department of Child Adoption” at Point d, Clause 1, Article 6 of the Circular No. 21/2011/TT-BTP, which is amended and supplemented under Clause 1, Article 1 of Circular No. 11/2021/TT-BTP; Clause 2, Article 9 of Circular No. 21/2011/TT-BTP, which is amended and supplemented under Clause 2, Article 1 of Circular No. 11/2021/TT-BTP; and Clause 3, Article 9 of Circular No. 21/2011/TT-BTP, which is amended and supplemented under Clause 5, Article 2 of Circular No. 11/2021/TT-BTP, with the phrase “the Ministry of Justice”.

Article 3. Implementation provision

This Circular takes effect on April 8, 2025.-

For the Minister of Justice
Deputy Minister

MAI LUONG KHOI