What are the procedures for handling adoption for foreigners who reside in border areas of neighboring countries?

05/08/2022 Posted by Stephen Le

According to Decree No. 19/2011/ND-CP, the procedures for handling adoption for foreigners residing in neighboring countries’ border areas are as follows:

  1. Foreigners residing in neighboring countries’ border areas that adopt Vietnamese children who permanently reside the Vietnamese border areas must submit a written request for adoption, enclosing the following papers issued by the competent authorities of neighboring countries:
  • A copy of a passport or a valid substitute;
  • A judicial record sheet;
  • A written certification that the adopting party fully meets the conditions to adopt the child in accordance with the laws of that country;
  • A written certificate of marriage status;
  • A health certificate;
  • 02 recent photos, full body, size 9x12cm or 10×15 cm.
  2. Papers provided in clause 1 of this Article must be translated into Vietnamese and made into 02 sets of dossiers.  Persons who adopt must submit 02 sets of his/her dossier and 02 sets of the dossier of the adopted child to the Commune-level People’s Committee where the adopted child permanently resides; each set of the child’s dossier shall comprise papers specified in Article 18 of Law on Adoption.
    When submitting the application, the adopting person must present a passport or valid substitute for inspection and pay the adoption registration fee at the Commune-level People’s Committee under Article 40 of Decree 19/2011/NĐ-CP;
  1. Within 15 days from the day of receiving the complete and valid dossier, the Commune-level People’s Committee shall examine the dossier as well as collect the opinions of relevant persons under provision in Article 9 of this Decree. Following this, they will send an official letter to the Department of Justice enclosing 01 set of the adopting person’s dossier and 01 set of child’s dossier for review;
  2. Within 10 days from the date of receiving the official letter of the Commune-level People’s Committee, the Department of Justice will consider the dossiers for adoption and reply in writing to the Commune-level People’s Committee;
  3. Within 05 working days from the day of receiving approval from the Department of Justice, the Commune-level People’s Committee will register the adoption and carry out the adoption in accordance with the procedures of Article 10 of this Decree; if the Department of Justice does not approve of the adoption, the Commune-level People’s Committee will issue a written reply to the adopting persons clearly stating the reasons.
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