Following Vietnam's
ratification on November 1, 2011, Vietnam became the full member of the Hague
Convention on Protection of Children and Co-operation in Respect of
Inter-country Adoption and this Hague Convention was entered into force in
Vietnam on February 1, 2012. The laws of Vietnam do not prohibit the foreigner
from child adoption, so it is possible for a foreigner to adopt a child in
Vietnam provided that he/she is qualified for the adoption requirements.
However, the foreigner may face with the lengthy and complicated administrative
procedures for being permitted to adopt a child.
It is important to note the
principles under the Law on Adoption of Vietnam that the foreigners must be
permanently reside in the countries being contracting parties to an adoption
treaty along with Vietnam adopt a Vietnamese child and the adoption by a person
living abroad is allowed only when no domestic substitute family can be found.
Under the Law on Adoption
of Vietnam, the adopting person must fully meet the following conditions:
Having full capacity of civil act; Being 20 years or more older than the
adopted person; Having health, financial and accommodation conditions for
assuring the caring for and nurture and education of the adopted child; Having
good ethical qualities.
Moreover, the child adopting
person must not under the following subjects:
a/ Having some of the
parental rights over a minor child restricted;
b/ Currently serving an
administrative handling decision at an educational institution or medical
treatment establishment;
c/ Currently serving an
imprisonment penalty;
d/ Having a criminal record
of commission of any of the crimes: intentionally infringing upon another's
life, health, dignity and honor; maltreating or persecuting one's grandparents,
parents, spouse, children, grandchildren or caretaker; enticing or compelling a
minor to violate the law or harboring a minor violator; trafficking in.
fraudulently swapping or appropriating children, which has not been remitted
yet.
For the application
dossier, the foreigner must prepare as follows:
a/ A written request for
adoption;
b/ A copy of the passport
or a valid substitute paper;
c/ A written permission for
adopting a person in Vietnam:
d/ A completed
questionnaire on psychology and family;
e/ A health certificate;
f/ An income and property
certificate;
g/ A judicial record sheet:
h/ A written certification
of the marital status;
i/ A document evidencing the case of adoption of
a specific child.