Circular 03/2016/ttlt-Btp-Bca-Bng-Bldtbxh: A Guide To The Monitoring Of The Situation Of Child Development Vietnam Are For Foreign Adoption And Protection Of Children In Case Of Need

Original Language Title: Thông tư liên tịch 03/2016/TTLT-BTP-BNG-BCA-BLĐTBXH: Hướng dẫn việc theo dõi tình hình phát triển của trẻ em Việt Nam được cho làm con nuôi nước ngoài và bảo vệ trẻ em trong trường hợp cần thiết

Read the untranslated law here: https://www.global-regulation.com/law/vietnam/2952778/thng-t-lin-tch-03-2016-ttlt-btp-bng-bca-bltbxh%253a-hng-dn-vic-theo-di-tnh-hnh-pht-trin-ca-tr-em-vit-nam-c-cho-lm-con-nui-nc-ngoi-v-bo-v-tr-em-trong-trn.html

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CIRCULAR guide the monitoring of child development situation Vietnam was for foreign adoption and protection of children in case of need _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to the law adoption on June 17, 2010;
Pursuant to Decree No. 19/2010/ND-CP on January 3, 2011 by the Government detailing the implementation of a number of articles of the law on adoption;
Pursuant to Decree No. 22/2013/ND-CP dated 13 March 2013 of government functions, tasks, powers and organizational structure of the Ministry of Justice;
Pursuant to Decree No. 58/2013/NĐ-CP on 11 June 2013 of government functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;
Pursuant to Decree No. 106/2014/ND-CP on November 17 in 2014 of the Government functions, tasks, powers and organizational structure of the Ministry of public security;
Pursuant to Decree No. 106/2012/ND-CP dated 20 December 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of labor, invalids and Social Affairs;
The Minister of Justice, Minister of Foreign Affairs, the Minister of public security, the Minister of labor, invalids and Social Affairs issued a circular guiding the monitoring of child development situation Vietnam was for foreign adoption and protection of children in case of need.
Chapter I GENERAL PROVISIONS article 1. Scope this circular guides the monitoring of child development situation Vietnam was for foreign adoption and protection of children in case of need; prescribing responsibilities of the institutions and the competent authorities concerned.
Article 2. The object that applies to this circular apply to: 1. The Ministry of Justice, Ministry of Foreign Affairs, the Ministry of public security, Ministry of labor, invalids and Social Affairs, the Department of Justice, public safety, Department of labour, invalids and Social Affairs of provinces/cities directly under central, Vietnam representative offices abroad.
2. Children for foreign adoption, foster parents, her mother and guardian of children for adoption abroad, upbringing children's place of residence before being resolved for foreign adoption, foreign adoption organizations are licensed to operate in Vietnam.
3. The bodies and organizations concerned.
Article 3. Principle 1. Confidentiality of private information.
2. the best interests of the child.
3. Consistent with the law of Vietnam, law of the country where the child resides and the international treaties to which Vietnam and the country where the child resides is a member.
Chapter II MONITORING of CHILD DEVELOPMENT are for FOREIGN ADOPTION article 4. Announced the development of the child 1. Adoptive parents informed the development of the adopted child for the Justice Department and Vietnam representative offices in foreign countries according to the provisions of the law on adoption. The notification can be made by post, fax or scan to send the email.
The announcement was set according to the form TP/CN-2014/CNNNg. 7 are attached to circular No. 24/2014/TT-BTP on December 29 in 2014 of the amendments and supplements to some articles of the circular No. 12/2009/TT-BTP on 27th December 2010 of the Ministry of Justice on issuing the instructions and notes , archive, use the form adoption.
2. Adoptive parents can directly or through the support of foreign adoption organizations informed the development of the child as defined in paragraph 1 of this article.  
3. where the required information irregularly on the development of specific children for foreign adoption, foreign adoption organizations provide the information at the request of the Ministry of Justice.   
Article 5. Urge the development situation of children decision base for children adopted abroad and adoption delivered thereon, if adoptive parents are not informed of the situation of development of children periodically, the Ministry of Justice requested the foreign adoption organizations or central agencies about the international adoption of the receiving countries urging adoptive parents announced the development of the child.
Article 6. Collection and archive of reports on the situation of child development 1. The justice tracking, collection, compilation and storage of the report in order to serve the work of tracking the development of the child.
2. Representative Offices overseas Vietnam archive reports on the situation of child development to protection of children in case of need.
Article 7. Report reviews the situation of development of children for adoption abroad 1. Every year, the base of information about the development of children by foster parents provide and report the situation of development of children by foreign adoption organizations filed, the Department of Justice created the report reviews the situation of development of children for adoption abroad , send for the Foreign Ministry, the Ministry of public security, Ministry of labor, invalids and Social Affairs, the Department of Justice and the Department of labor, invalids and Social Affairs where open to children for adoption abroad.
2. the content of the report includes figures of children for adoption abroad during the year, health status, physical, mental, the inclusion of adopted children with adoptive parents, the family, the community and the proposed measures to strengthen the monitoring of child development Vietnam are for adoption abroad.
Article 8. Provides information about the development of the child 1. Content-base report reviews the situation of development of children for adoption abroad by the Ministry of Justice submitted in accordance with paragraph 1 article 7 of this circular, the Department of Justice and the Department of labor, invalids and social place for children for adoption abroad provides information about health status , physically, mentally, the inclusion of the child when required of parents, guardians and foster facility where the child resided before the resolution for adoption abroad. 
2. provision of information and use of information is provided to ensure compliance with the principles prescribed in clause 1 and clause 2 of article 3 of this circular.
Article 9. Adoption support information about the source 1. Adoptive parents, adopted children have the aspiration to learn information about the origin of adopted children can direct to the Ministry of Justice or sent the proposal via post, fax or electronic mail to the Ministry of Justice or through foreign adoption organizations, or to the central authority of the international adoption of the country where the permanent adoption.
2. in case there is enough information about the origin of the adoption, the Ministry of Justice provided information as proposed within 15 days.
3. in case of need of further information, the Ministry of Justice asking the Department of Justice has addressed the foreign adoption to verify and supplement the information within 15 days. After 15 days from the date of the verification results of the Justice Department, the Department of Justice to provide information upon request.
Chapter III PROTECTION OF CHILDREN in VIETNAM are for ADOPTION ABROAD where NECESSARY in article 10. Notice of decision for children adopted overseas Vietnam after receiving the decision for children adopted overseas, Vietnam Ministry of Justice sent a fax or scan to decide by way of electronic mail for Vietnam missions abroad to monitor and oversee the protection of children in case of need at the same time inform the Foreign Ministry to coordinate.
Article 11. Child protection case should children be Vietnam for adoption abroad should be protected in the case of children suffering from harassment, abuse, mistreatment, neglect, abuse, exploitative labor and other acts violating the rights of the child.
Article 12. Receive and verify the information, which reflects the status of children in need of protection 1. The Ministry of Justice and the Vietnam representative offices abroad are responsible for receiving information, reflect and inform each other about the children of Vietnam are for adoption abroad should be protected in case of need be specified in article 11 of this circular.
2. Immediately after receiving information, reflection, the Ministry of justice the central authority contact about international adoption of the receiving countries, Vietnam representative offices abroad to contact the competent authorities of the country proposals provided truthful information about the specific situation of children.
3. The special case, the Justice Ministry and the competent authority to verify on the spot the information, which reflects the specific situation of children in Vietnam are for adoption abroad need to protect.
Article 13. The protection of children in case of necessary 1. After receiving the notice of the Ministry of Justice or when authentication information about cases of children in need of protection, the Vietnam representative offices abroad to conduct communications measures, exposure, and suggested the Agency had the authority of the country in implementing the measures necessary to protect the rights of the child in accordance with the law of Vietnam, water law and the international treaties to which Vietnam and the country as a member. Vietnam representative offices abroad promptly reported the situation to the Ministry of Justice.
2. on the basis of the information provided under paragraph 1 of this article, the Department of Justice contact with central agencies regarding the international adoption of the receiving countries to take measures to handle appropriately, including the arrangements of alternative care measures for children, in accordance with the law of Vietnam, water law and the international treaties to which Vietnam and the country as a member.
Article 14. Solve cases of children for adoption abroad must return to Vietnam 1. The case of any alternative care measures for children in the country are not guaranteed the rights and interests of children, bringing the children back to Vietnam is the final measure guarantees the rights and best interests of children, the Ministry of Justice and unity with the central agencies on the international adoption of the receiving countries about bringing children back Vietnam.
2. When implementing measures to bring the kids back to Vietnam as stipulated in paragraph 1 of this article, the Ministry of Justice in collaboration with the central authorities on the international adoption of the receiving countries to solve the legal problems of ensuring the rights and legitimate interests of children in accordance with the provisions of the law of Vietnam water law, and international treaties to which Vietnam and the country as a member.   

3. The Ministry of public security to create all the necessary conditions for the children for adoption abroad must return to Vietnam are registered permanent residence under the provisions of the law.
4. The Ministry of labour invalids and social direction Department of labor-invalids and social reception of children again and created conditions for Vietnam to be kids for adoption abroad must return to Vietnam is approaching the security services, child care.
Article 15. Receiving back, arranged the care, foster children for adoption abroad must return to Vietnam Department of labor, invalids and Social Affairs where the children resided prior to resolution for adoption abroad receiving back, layout, foster care children in the local upbringing.
 Chapter IV IMPLEMENTATION article 16. The responsibility of the Ministry of Justice 1. Delivery adoption Bureau chaired performed the track, check out the development of children for foreign adoption and implementation of the tasks of the Ministry of Justice set forth in this circular.
2. host annual sum, reviews the work of tracking the development of the situation of children for foreign adoption and protection of children in case of need to devise measures to enhance the implementation of this work.
3. In coordination with the Ministry of Foreign Affairs in the case of the need to protect children as defined in article 11 of this circular.
4. In collaboration with the Ministry of public security in supporting permanent registration for children adopted abroad to return to Vietnam under the provisions in article 14 paragraph 3 of this circular.
5. In collaboration with the Ministry of labor, invalids and Social Affairs in the implementation of the tasks specified in paragraph 4 article 14 of this circular.
6. Directing the Justice Department to implement these tasks in this circular.
7. request the foreign adoption organizations performing tasks in this circular.
Article 17. The responsibility of the Ministry of Foreign Affairs 1. In collaboration with the Ministry of Justice, directed the Vietnam representative offices abroad implement the measures needed to protect children for adoption abroad.
2. In coordination with the Ministry of Justice in performing the tasks specified in paragraph 2 article 16 circular aims to put forward measures to strengthen the protection of children was Vietnam for adoption abroad.
Article 18. The responsibility of the Ministry of public security 1. The functional unit of his industry in Central and locally made under the provisions of the law within the scope of the function and tasks of the public security sector for children for adoption abroad must return to Vietnam and the protection of children in case of need.
2. Perform the duties specified in paragraph 3 of article 14 of this circular.
3. In coordination with the ministries concerned to perform the duties prescribed in the circular the content in the functions, duties and powers of the public security sector.
 Article 19. The responsibility of the Ministry of labor, invalids and Social Affairs 1. In collaboration with the Ministry of Justice performs the duties set forth in this circular.
2. Directs the Department of labor, invalids and social city, centrally hosted the reception again, layout, foster care children to Vietnam are for adoption abroad must return to Vietnam under the provisions in article 15 of this circular.
Article 20. The responsibility of the Department of Justice 1. The Organization to verify the information on the origin of adopted children as defined in paragraph 3 article 9 of this circular.
2. In coordination with the Department of labor, invalids and social disposition of receiving back, care, foster children for adoption abroad must return to Vietnam under the provisions in article 15 of this circular.
Article 21. The responsibility of Vietnam representative offices abroad 1. Perform the tasks specified in this circular.
2. Timely reflection information, notification of cases of children in need of protection and actively implement the necessary protective measures.
Article 22.  Effect 1. This circular effect since 6 April 2016. 
2. During the implementation process, if there are difficulties and obstacles, the competent agencies, organizations and individuals to reflect on the Justice Ministry to coordinate with the Foreign Ministry, the Ministry of public security, Ministry of labor, invalids and Social Affairs review, resolve./.