| THE MINISTRY OF JUSTICE -------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness --------- |
| No: 04/2001/TT-BTP | Hanoi, March 20, 2001 |
CIRCULAR
GUIDING A NUMBER OF PROVISIONS OF THE REGULATION ON THE IMPLEMENTATION OF THE AGREEMENT ON CHILD ADOPTION COOPERATION BETWEEN THE SOCIALIST REPUBLIC OF VIETNAM AND THE REPUBLIC OF FRANCE
Pursuant to the Prime Minister’s Decision No.142/2000/QD-TTg of December 11, 2000 promulgating the Regulation on the implementation of the Agreement on Child Adoption Cooperation between the Socialist Republic of Vietnam and the Republic of France;
Pursuant to the Government’s Decree No.38/CP of June 4, 1993 on the functions, tasks, powers and organization of the Justice Ministry;
After reaching agreement with the Ministry for Foreign Affairs and the Ministry of Public Security;
The Justice Ministry hereby guides a number of provisions of the Regulation on the implementation of the Agreement on Child Adoption Cooperation between the Socialist Republic of Vietnam and the Republic of France as follows:
I. GENERAL PROVISIONS
1. This Circular provides for dossiers and guides in detail a number of provisions on the settlement of dossiers of application for the adoption of Vietnamese children by French citizens and foreigners residing in France under the Agreement on Child Adoption Cooperation between the Socialist Republic of Vietnam and the Republic of France (hereinafter referred to as the Agreement) and the Regulation on the implementation of this Agreement (hereinafter referred to as the Regulation); and prescribes the dossiers and procedures of application for permits for French adoption organizations’ operation in Vietnam.
2. Children recommended for adoption are those living at the child-rearing establishments designated by the presidents of the People’s Committees of the provinces and centrally-run cities (hereinafter called the provincial-level People’s Committees) for the implementation of the Agreement. The number of designated child-rearing establishments shall depend on the situation and practical conditions of localities. Copies of the provincial-level People’s Committees’ documents on the designation of child-rearing establishments must be sent to the Justice Ministry together with the addresses and names of the heads of such establishments.
The adoption of children from families shall be permitted only for humanitarian reasons prescribed in paragraph 2, Article 3 of the Regulation. Cases of application for adoption of children from families for other humanitarian reasons must be approved in advance by the Justice Ministry. The procedures for the Justice Ministry’s advance approval of these cases shall comply with the provisions at Point C.4, Section II of this Circular.
II. A NUMBER OF PROVISIONS ON CHILD ADOPTION APPLICATION DOSSIERS AND PROCEDURES FOR HANDLING THEREOF
A. THE CHILD ADOPTER’S DOSSIER
1. Pursuant to the provisions at Clause 3, Article 4 of the Regulation, a child adopter’s dossier shall include the following papers:
a/ The French International Mission for Child Adoption’s official dispatch to the Vietnamese Justice Ministry;
b/ The child adoption application made according to the set form;
c/ The copy of the child adopter’s valid passport with certification of the Vietnamese Embassy in France;
d/ The valid permit for child adoption issued by a provincial-level council of France, attached with a report on the results of social and psychological surveys on the child adopter and his/her judicial record;
e/ The written certification that the child adopter is healthy and not affected by mental or contagious diseases, issued by the competent medical establishment of France within 6 months before the time the Justice Ministry receives the dossier; this paper must be affixed with certification stamp of the French International Mission for Child Adoption;
f/ The written certification of the child adopter’s annual income (the income tax notice of the previous year), which must be sufficient for rearing the adopted child.
2. The French International Mission for Child Adoption’s official dispatch to the Justice Ministry mentioned at Point 1.a above shall contain the following details:
a/ The child adopter’s name, date of birth, passport number, place of residence, profession and address;
b/ The state of the child adopter’s capacity for civil acts;
c/ The child adopter’s capability to ensure the rearing of the to be-adopted child (his/her financial capability, personal status, family conditions, health and social environment);
d/ The reasons for child adoption application;
e/ The aspiration regarding the to be-adopted child (the child’s age, sex and other characteristics which the adopter deems appropriate); if the adopter wishes to adopt a particular child in a child-rearing establishment or a family, such child’s full name, date of birth and place of residence must be stated clearly;
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