THE MINISTRY OF JUSTICE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 09/2006/QD-BTP
Hanoi, November 30, 2006
 
DECISION
PROMULGATING THE REGULATION ON MANAGEMENT OF FOREIGN CHILD ADOPTION OFFICES IN VIETNAM
THE MINISTER OF JUSTICE
Pursuant to the Government's Decree No. 62/2003/ND-CP of June 6, 2003, defining the functions, tasks, powers and organizational structure 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 Marriage and Family Law concerning marriage and family relations involving foreign elements;
Pursuant to the Government's Decree No. 69/2006/ND-CP of July 21, 2006, amending and supplementing a number of articles of the Government's Decree No. 68/2002/ND-CP of July 10, 2002, detailing the implementation of a number of articles of the Marriage and Family Law concerning marriage and family relations involving foreign elements;
At the proposal of the director of the International Child Adoption Agency, the Ministry of Justice,
DECIDES:
Article 1.- To promulgate together with this Decision the Regulation on management of foreign child adoption offices in Vietnam.
Article 2.- This Decision takes effect 15 days after its publication in "CONG BAO."
Article 3.- The director of the International Child Adoption Agency, the Chief Inspector, heads of units under the Justice Ministry and concerned individuals and organizations shall implement this Decision.
 

 

 
MINISTER OF JUSTICE




Uong Chu Luu
 
REGULATION
ON MANAGEMENT OF FOREIGN CHILD ADOPTION OFFICES IN VIETNAM
(Promulgated together with the Justice Minister's Decision No. 09/2006/QD-BTP of November 30, 2006)
Chapter I
GENERAL PROVISIONS
Article 1.-Scope of application
This Regulation shall apply to the grant, extension, renewal and withdrawal of licenses for establishment of Vietnam-based offices of foreign child adoption organizations (hereinafter referred to as foreign child adoption offices); the management, inspection, examination and handling of violations on conditions, contents and geographical areas of operation, offices and staff of foreign child adoption offices.
Article 2.- Principles on operation of foreign child adoption offices
1. All activities carried out in Vietnam by foreign child adoption offices must be compliant with Vietnamese law, the Government's Decree No. 68/2002/ND-CP of July 10, 2002, detailing the implementation of a number of articles of the Marriage and Family Law concerning marriage and family relations involving foreign elements (referred to as Decree No. 68/2002/ND-CP), Decree No. 69/2006/ND-CP of July 21, 2006, amending and supplementing a number of articles of Decree No. 68/2002/ND-CP, agreements on adoption cooperation between Vietnam and concerned foreign countries and this Regulation.
2. Foreign child adoption offices in Vietnam may operate for humanitarian and not-for-profit purposes only in order to support the adoption of Vietnamese children on the basis of their establishment licenses issued by the Justice Minister.
3. Foreign child adoption organizations shall be accountable for all activities of their adoption offices in Vietnam in accordance with Vietnamese law.
Article 3.-Prohibition of commercial, self-seeking, brokerage and unfair competition activities in the adoption domain
Foreign child adoption offices may not conduct the following activities:
a/ Doing business in adoption brokerage services;
b/ Abusing the provision of adoption assistance to traffic in children, exploit labor or sexually abuse children or for self-seeking purposes;
c/ Directly introducing children to foreigners for adoption in contravention of law;
d/ Practicing unfair competition with other foreign child adoption offices in Vietnam regarding the provision of humanitarian or technical assistance and the introduction of children for adoption.
Article 4.- Publicization of administrative procedures
1. In order to ensure humanity in the adoption domain and facilitate the operation of foreign child adoption organizations in Vietnam, according to the provisions of Decree No. 68/2002/ND-CP, no fee or any sum of money is collected for carrying out procedures for the grant, extension or renewal of licenses for establishment of Vietnam-based offices of foreign child adoption organizations under this Regulation.
2. The International Child Adoption Agency shall notify foreign child adoption organizations of the procedures for the grant, extension and renewal of licenses for establishment of foreign child adoption offices in Vietnam and for the termination of operation of these offices under this Regulation and publicize regulations on charges and fees related to the settlement of child adoption involving foreign elements.
3. Agencies competent to inspect the operation of foreign child adoption organizations in Vietnam in accordance with this Regulation shall notify in advance foreign child adoption offices of the inspection time, contents and forms.
Article 5.- Inspection and examination of foreign child adoption offices
Foreign child adoption offices in Vietnam are subject to inspection and examination by competent Vietnamese state agencies defined in this Regulation in terms of their operation principles, conditions, contents and geographical areas, financial regime, offices and personnel.
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