Apart from domestic adoption, in some specific cases, foreigners can still adopt a Vietnamese child. The following article, Apolo Lawyers provides guidance in more details for foreigners to adopt a Vietnamese child.

1/ The conditions for adoption by foreigners in Vietnam

When Foreigners want to adopt a Vietnamese child, both foreigners permanently residing abroad and foreigners permanently residing in Vietnam must meet the conditions specified in the Law on Adoption, including:

• Having full civil capacity.
• Being 20 years or more older than the adopted child.
• Having health, financial, accommodation conditions for assuring the care, nurturing and education for the adopted child.
• Having good ethical qualities.
• Not falling into one of the following cases: currently serving an administrative handling decision at an education or medical treatment establishment, currently serving a prison sentence, having a criminal record relating to child trafficking, swapping and appropriation, etc.

In addition, the foreigners permanently residing abroad must satisfy conditions prescribed by the law of the country where they are residing.

2/ The procedures for adoption of a Vietnamese child

• Step 1: Dossier preparation

The dossier of the child adopting person includes: 02 dossiers.

Note: The papers and documents that are compiled, granted or certified by a competent foreign agency must be consularly legalized for use in Vietnam, unless they are exempt from consular legalization under a treaty.

• Step 2: Examining and verifying dossiers and certifying eligibility for being adopted by children.

Within 20 days of receiving the completed dossiers, the provincial-level Department of Justice shall examine the dossiers and carry out consultation (in documents bearing the signatures or fingerprints of the consulted persons)

• Step 3: The Ministry of Justice shall examine and transfer the dossier of an adopting person.

The Ministry of Justice shall examine and process the dossie within 15 days after receiving a complete and valid dossier

• Step 4: Decision to allow children to be adopted by foreigners

Within 15 days after receiving the dossiers from the provincial-level Justice Department, the Committee of provincial-level People shall decide to allow the inter-country child adoption.

• Step 5: Delivery and receipt of adopted children

The delivery and receipt of an adopted child must be recorded in a minute bearing the signatures or fingerprints of the involved parties and the representative of the provincial-level Justice Department.

The above is the content which Apolo Lawyers consults about the procedures for foreigners to adopt a Vietnamese child to.

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