Pursuant to Article 35 of the 2010 Law on Adoption, when introducing children to be adopted, the best interests of the child must be protected while taking into account the interests and characteristics of the individual adopting the child such as: the child’s characteristics, interests, habits, the ability to adapt, and the child’s stage of development, as well as the adopting individual’s income, economic conditions, moral character, living environment and aspirations.
- After receiving the dossier for introducing the child for adoption, the Department of Justice will report to the Provincial People’s Committee for comments and advice. Within 05 days of receiving the decision of the provincial-level People’s Committee, the Department of Justice shall transfer the dossier to the Child Adoption Department together with the decision showing the approval of the People’s Committee. If the Provincial People’s Committee does not approve, they must provide notice in writing to the Judicial Department for reintroduction. If the Department of Justice fails to reintroduce the dossier within 03 months, the Department of Justice will return the dossier to the Child Adoption Department accompanied by a written document clearly stating the reasons.
- Upon approval (outlined above), the Child Adoption Department will review the process and procedures for introducing child for adoption in accordance with the provisions of the law. It will also obtain the opinion of psychological, family, and social experts to evaluate the result. If the results are satisfactory, the Child Adoption Department will notify the adopting party in writing that he/she is eligible to adopt. If the child is not eligible, the Child Adoption Department will issue a written report to the Minister of Justice and then notify the Provincial People’s Committee and the Department of Justice.
In both specific child adoption and non-specific child adoption, once the dossier from the Department of Justice is received, the Provincial People’s Committee will issue a decision on the foreign adoption of Vietnamse children within 15 days. Following this, the Department of Justice is responsible for notifying the individual to come to Vietnam to adopt the child. Within 60 days from the time of receiving the notice, the individual adopting the child must be present in Vietnam for adoption. If the invidual is not physically present at the adoption ceremony but having a legitimate reason, the limit time it can be extend for a period not exceeding 90 days. If there is a legitimate reason to extend the time limit, it can be extended for a period not exceeding 90 days. In case the individual adopting the child is still not present after such period expires, the People’s Committee has the right to cancel the decision permitting the foreign adoption of the child.