Phuoc & Partners – Vietnam Company Law

Procedure for adopting a foreign child

procedure-for-adopting-a-foreign-child

An adoption is only legitimate when the adoptive parents process the procedure for adoption and apply it to a competent authority. However, the procedure for adopting a foreign child also depends on the country of which the adopted child is a citizen. In such cases, the authority responsible for this procedure is the Ministry of Justice.

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First of all, these are conditions that the adoptive parents have to meet.

They must: (Article 29 of the Adoption Law 2010 (“AL”))

And must not:

As for the adoptee, he or she must: (Article 8 of the LA)

And other conditions provided by the laws of the country of which the adoptee is a citizen.

As for the procedure, an adoption must be processed as follows: (Article 40 of the LA)

Step 1: Prepare documents

The adoption application on the part of adoptive parents includes:

Step 2: Apply to the Ministry of Justice for approval

After receiving the application, within 30 days, the Ministry of Justice will consider and grant an adoption certificate recognizing that the adoptive parents meet sufficient adoption conditions under Vietnamese laws. If necessary, the pending period could be extended, but not longer than 60 days.

Step 3: Register the adoption

After completing all the adoption procedure, the Vietnamese citizens must register the adoption with the Department of Justice and local People’s Committee where they regularly reside.

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