THE MINISTRY OF JUSTICE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 08/2006/TT-BTP
Hanoi, December 08, 2006
 
CIRCULAR
GUIDING THE IMPLEMENTATION OF A NUMBER OF PROVISIONS ON CHILD ADOPTION INVOLVING FOREIGN ELEMENTS
Pursuant to the Government's Decree No. 62/2003/ND-CP of June 6, 2003, defining the functions, tasks, powers and organization of the Ministry of Justice;
Pursuant to the Government's Decree No. 68/2002/ND-CP of July 10, 2002, detailing the implementation of a number of articles of the Law on Marriage and Family regarding marriage and family relations involving foreign elements (hereinafter referred to as Decree No. 68/2002/ND-CP for short);
Pursuant to the Government's Decree No. 69/2006/ND-CP of July 21, 2006, amending and supplementing a number of articles of Government's Decree No. 68/2002/ND-CP of July 10, 2002, detailing the implementation of a number of articles of the Law on Marriage and Family regarding marriage and family relations involving foreign elements;
Pursuant to the agreements on cooperation on child adoption between Vietnam and other countries;
In order to ensure the consistency of provisions on child adoption involving foreign elements, to raise the effectiveness of state management and settle the adoption of Vietnamese children by foreigners;
The Ministry of Justice hereby guides the implementation of a number of provisions on child adoption involving foreign elements as follows:

>> See also:  Adoption counseling service (domestic or foreign)

I. GENERAL PROVISIONS
1. Scope of guidance
This Circular guides the implementation of Articles 35, 36, 37, 41, 42, 43, 44, 45, 46, 47, 49 and 51 and Clause 1, Article 79 of the Government's Decree No. 68/2002/ND-CP of July 10, 2002, detailing the implementation of a number of articles of the Law on Marriage and Family on marriage and family relations involving foreign elements, which were amended and supplemented under the Government's Decree No. 69/2006/ND-CP of July 21, 2006 (hereinafter referred to as Decree No. 68/2002/ND-CP (amended and supplemented)), and the agreements on child adoption cooperation between Vietnam and other countries, in order to ensure their consistent application with regard to different categories of applicants, the order and procedures for settling the adoption of Vietnamese children by foreigners.
2. Translation, notarization and authentication of dossiers
Foreign-language dossiers of application for child adoption must be translated in Vietnamese; their Vietnamese translations must be authenticated by overseas Vietnamese diplomatic missions or consulates.
According to the agreement between the central international adoption agency of the country which, together with Vietnam, is a contracting party to an agreement on child adoption cooperation, dossiers of application for child adoption may be translated in Vietnam and their Vietnamese translations must be notarized or authenticated in Vietnam.
3. It is strictly prohibited to deal in and act as intermediary for self-seeking purposes in the domain of child adoption
3.1. Domestic and foreign organizations and individuals are strictly prohibited from dealing in and providing intermediary services in child adoption for self-seeking purposes or abusing the adoption to traffic in, exploit or sexually abuse children or for other self-seeking purposes.
3.2. Adopters are strictly prohibited from adopting particular children through the direct introduction of Vietnam-based foreign child adoption offices or making payments in cash or in kind or offering other material interests to agencies, organizations or individuals for acting as intermediaries in the application for child adoption.
II. ADOPTION APPLICANTS, CHILDREN TO BE ADOPTED
1. Adoption applicants
Under Article 35 and Clause 1, Article 79 of Decree No. 68/2002/ND-CP (amended and supplemented), applicants for adoption of Vietnamese children include:
1.1. Foreigners permanently residing in a country which, together with Vietnam, is a contracting party to a bilateral or multilateral agreement on child adoption cooperation (the list of these countries is enclosed with this Circular). Foreigners of this category may apply for adoption of any children defined in Clauses 2, 3 and 4, Article 36 of Decree No. 68/2002/ND-CP (amended and supplemented).
1.2. Foreigners permanently residing in a country which, together with Vietnam, is not a contracting party to a bilateral or multilateral agreement on child adoption cooperation. If falling into one of the following cases, they may apply for adoption of any children defined in Clauses 2, 3 and 4, Article 36 of Decree No. 68/2002/ND-CP (amended and supplemented).
a/ Having worked or studied in Vietnam for six months or more. The six-month period is counted as per entry into and exit from Vietnam; if both husband and wife apply for adoption, only either of them is required to meet this condition;
b/ Their wives, husbands, fathers or mothers being Vietnamese citizens or of Vietnamese origin. Foreigners of Vietnamese origin are understood, according to the provisions of Circular No. 2461/2001/TT-BNG of October 5, 2001, as those who have or used to have Vietnamese nationality or who have their natural fathers, mothers, parental grandfathers, parental grandmothers, maternal grandfathers or maternal grandmothers have or used to have Vietnamese nationality;
c/ Having blood or close relations with to be-adopted children or having their current adopted children being natural siblings of to be-adopted ones.
Blood relations are understood as relations between adoption applicants who are (parental or maternal) aunts or uncles of to be-adopted children. Adoption shall not be allowed between those who have blood relations as between grandfathers, grandmothers or siblings and to be-adopted children.
Close relations are relations between adoption applicants who are stepfathers and their wives' children or stepmothers and their husbands' children.
1.3. Foreigners permanently residing in a country which, together with Vietnam, is not a contracting party to a bilateral or multilateral agreement on child adoption cooperation. If not falling into one of the following cases specified at Points a, b and c, Clause 3, Article 35 of Decree No. 68/2002/ND-CP (amended and supplemented), they may only apply for adoption of handicapped or disabled children, children having lost their civil act capacity, children being victims of toxic chemicals or affected by HIV/AIDS or infected with other dangerous diseases who are living with families or in nurturing establishments lawfully set up in Vietnam or orphaned children living with families.
1.4. Overseas Vietnamese may apply for adoption of any children defined in Clauses 2, 3 and 4, Article 36 of Decree No. 68/2002/ND-CP (amended and supplemented) irrespective of whether or not Vietnam and the country where they reside are contracting parties to a bilateral or multilateral international agreement on child adoption cooperation.
Overseas Vietnamese are understood as Vietnamese nationality-bearing persons who reside, work or live permanently in a foreign country, irrespective of whether they have been naturalized in that country.
2. Children to be adopted
Under Article 36 of Decree No. 68/2002/ND-CP (amended and supplemented), children who may be adopted include:
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