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

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MINISTRY OF JUSTICE-MINISTRY OF FOREIGN AFFAIRS-MINISTRY OF LABOR-COMMERCE AND SOCIETY
Number: 03 /2016/TTLT-BTP-BCA-BCA-BLTBXH
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, February 22, 2016

FEDERAL INFORMATION

The guidance of tracking the development situation of Vietnamese children is given as foreign adopts.

and protect children in case of need

______________________

- eating the adoption law June 17, 2010;

Base of Protocol 19 /2011/ND-CP March 21, 2011 of the Government Regulation details the implementation of some of the provisions of the Adoption Law;

Base of Protocol 22 /2013/NĐ-CP March 13, 2013 by the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Justice;

Base of Protocol 58 /2013/NĐ-CP June 11, 2013 of the Government that regulates the function, duties, powers, and organizational structure of the Ministry of Foreign Affairs;

Base of Protocol 106 /2014/ND-CP November 17, 2014 of the Government stipulated the function, mandate, jurisdiction and organizational structure of the Ministry of Public Security;

Base of Protocol 106 /2012/NĐ-CP December 20, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Labor-Trade and Social Affairs;

The Minister of Justice, Minister for Foreign Affairs, Minister of Public Security, Minister of Labor-Trade and Social Affairs issued the Foreign Affairs of the Union. guidance on the monitoring of the development situation of Vietnamese children being given as foreign adopts and protecting children in the case of need.

Chapter I

COMMON RULES

What? 1. The adjustment range

This link guides the monitoring of the development situation of Vietnamese children being given as foreign adopts and protection of children in the case of need; the regulation of responsibility of the institutions and the authorities concerned.

What? 2. Subject applies

This link applies to:

1. Ministry of Justice, Ministry of Foreign Affairs, Ministry of Public Security, Ministry of Labor-Trade and Social Affairs, Department of Justice, Public Security, Department of Labor-Trade and Social Affairs of the Central Region/Cities of Central, Vietnam ' s Representative Agency abroad.

2. Children are given foreign adoption, foster parents, children ' s parents and guardians of children who were given foreign adoption, the institution of foster care where children resided before being settled for foreign adoption, the foreign adoption organization was born in the United States. Licensed to operate in Vietnam.

3. Other agencies, organizations are involved.

What? 3. Principles

1. Keep your child ' s privacy secrets.

2. For the best interests of children.

3. In accordance with the Vietnamese law, the law of water where the children resides and the international treaties in which Vietnam and the country where the children reside are members.

Chapter II

MONITOR THE DEVELOPMENT OF VIETNAMESE CHILDREN
IT ' S SUPPOSED TO BE A FOREIGN CHILD.

What? 4. Announcing the development of children

1. The foster parents announced the development of the adoption situation for the Ministry of Justice and the Vietnamese Representative Agency abroad as prescribed by the adoption of the adoption law. Notifications can be made via postal, fax or scan sent by email.

The announcement was set up under the TP/CN-2014/CNNNg.07 panel issued with Digital Information. 24 /2014/TT-BTP December 29, 2014 of the Ministry of Justice amended, adding some of the provisions of the Digital Information 12 /2011/TT-BTP June 27, 2011 by the Ministry of Justice on the promulgation and guidance of the logging, storage, use of the adoption pattern.

2. The foster parents can either directly or through the support of the foreign adoption organization announcing the development situation of children under the stipulation at this 1 Article.

3. The case needs to have a groundbreaking information about the development situation of the children specific to the foreign adoption, the foreign adoption organization that provides information at the request of the Ministry of Justice.

What? 5. The foreman announced the development of children ' s development

The decision base for children to be foreign adopted and the adoption of adoption, if adopts parents do not announce the development of children by periodically, the Department of Justice requires foreign adoption organizations or the Central Agency for breeding children. The country's international foster care has been adopted by the parents of the foster parents.

What? 6. Gather and store reports on the child ' s development situation.

1. The Ministry of Justice gathered, tracked, aggregated, and reported to serve on the child ' s development of the development of children.

2. Vietnam 's representative agency abroad reported the child' s development situation to protect children in case of need.

What? 7. The report reviews the development of children ' s development situation that is fed overseas.

1. Every year, the information base on the development situation of children led by the parents provided and the report aggreging the development of children 's development by foreign adoption, the Department of Justice reports assessment of the child' s development situation being given as a child. Foreign adopts, sent to the Ministry of Foreign Affairs, Ministry of Public Security, Ministry of Labor-Trade and Social Affairs, the Department of Justice and the Department of Labor and the Department of Labor and Society have settled for children as foreign adopts.

2. The report content includes the number of children being given foreign adoption in the year, health, physical, mental health, adoption of foster children with foster parents, families, communities and the proposal of increased employment measures monitoring the situation in the United States and the United States. The development of Vietnamese children was given foreign adoption.

What? 8. Provide information about the development situation of children.

1. The content base reported assessing the development situation of children being given foreign adoption by the Ministry of Justice under the regulation at 1 Article 7 of this joint venture, the Department of Justice and the Department of Labor-Trade and Social Affairs where the settlement was addressed to children. Foreign adoptions provide information on the health, physical, mental, and social status of children at the request of birth parents, guardians, and foster facilities where children reside before being addressed to foreign adoptions.

2. The provision of information and the use of information is provided to ensure compliance with the principle of regulation at paragraph 1 and paragraph 2 Article 3 of this link.

What? 9. The adoption of adopts information about the origin

1. The adopted parent, the adopted son has aspirations to find out information about the origin of the adoption directly to the Ministry of Justice or to send a proposal via post, fax or email to the Ministry of Justice or through foreign adoption organization, or the Central Authority. It ' s about raising the international adoption of the country where the adoption is.

2. The case with sufficient information on the source of the adoption, the Ministry of Justice provides information on the recommendation for a 15-day deadline.

3. The case needs more information, the Justice Department requires the Department of Justice to have settled the adoption of foreign adopts, adding information on a 15-day period. After 15 days from the date of receiving the confirmed results of the Department of Justice, the Ministry of Justice provides information at the request.

Chapter III

THE PROTECTION OF THE CHILDREN OF VIETNAM IS FOR ADOPTION.
ABROAD IN CASE OF NEED

What? 10. Notice the decision for Vietnamese children to be foreign adopted children

After receiving the decision for Vietnamese children to be a foreign child, the Ministry of Justice sent a fax or a scan of the Decision in an email to the Vietnamese Representative Agency overseas to monitor and implement child protection work in the case. needed, and informed the State Department to coordinate.

What? 11. The case to protect children

Vietnamese children who are given foreign adoption need to be protected in case of children being persecuted, persecuted, mistreated, abused, abused, exploited labor and other acts of violating children's rights.

What? 12. Continue and verify information, reflect the state of children needs to be protected.

1. The Ministry of Justice and the Vietnamese Representative Agency abroad are responsible for receiving information, reflection and informing each other about whether Vietnam children are given foreign adoption needs to be protected in the event necessary to be regulated at Article 11 of the United States. This is the president.

2. Shortly after receiving the information, reflecting, the Ministry of Justice in contact with the Central Agency for the adoption of the country 's international adoption agency, the Vietnam Representative Agency in foreign countries contacted the state' s competent agency at the suggestion of providing authentication information to the state. It ' s about the child ' s specific condition.

3. The special case, the Ministry of Justice and the agency with the authority to verify at the information site, reflect on the specific status of Vietnamese children being given as foreign adopts necessary to protect.

What? 13. Practice of child protection work in case of need

1. After receiving the notice of the Ministry of Justice or when a confirmation information on the case of children needs to be protected, the Vietnam Representative Agency abroad conducts contact measures, contacts, visits, and offers of state-based authorities. at the implementation of the necessary measures to protect the rights of children, in accordance with the Vietnamese law, the law of recognition and the international treaty that Vietnam and the country receive as a member. Vietnam ' s representative body abroad promptly announced the situation to the Ministry of Justice.

2. On the basis of the information obtained in accordance with this one Article, the Ministry of Justice is associated with the Central Agency for international adoption of the recipient country to take appropriate treatment, including the income of alternative care to children, in accordance with the Vietnamese law, The international law of recognition and international treaties that Vietnam and the country receive is a member.

What? 14. Resolve the child case is given as foreign adopts to return to Vietnam

1. The case of all alternative care measures for children at the receiving country does not guarantee the rights and benefits of children, the bringing of children back to Vietnam is the ultimate measure guaranteing the rights and best interests of children, the Ministry of Justice of Exchange and Uniform. with the Central Agency for domestic adoption of the country ' s international adoption of bringing children back to Vietnam.

2. When carrying out the measure of bringing children back to Vietnam in accordance with Article 1 of this Article, the Ministry of Justice in coordination with the Central Agency for international adoption of the country receives the resolution of the legal issues that guarantee the right and the legitimate interest of children. in accordance with the provisions of the Vietnamese law, the law of recognition and the international treaty that Vietnam and the country receive as a member.

3. The Ministry of Public Security provides all necessary conditions for children to be given foreign adopts to return to Vietnam to be registered permanent registration under the rule of law.

4. The Ministry of Labor-Trade and Social Affairs directed the Department of Labor-Trade and Social Affairs to re-receive children and facilitate Vietnamese children to be given foreign adopts to return to Vietnam access to protection services, child care.

What? 15. Continue to revisit, the deployment of care, foster children being given as foreign adopts to return to Vietnam.

The Department of Labor-Trade and Social Affairs where children reside before being settled for adoption of foreign adoptions, the layout of care, raising children at the local foster facility.

Chapter IV

THE ORGANIZATION.

What? 16. Justice Department Responsibility

1. The adoption of the Adoption Bureau performs the monitoring, examination of the development situation of children being given as foreign adopts and the implementation of the duties of the Ministry of Justice specified in this Relevant Information.

2. Every year of the summup, evaluation of the work follows the development of children ' s development of children being given as foreign adopts and protection of children in the case of need to introduce enhanced measures that carry out this work.

3. Coordinate with the Ministry of Foreign Affairs in the cases required to protect children by regulation at Article 11 of this Article.

4. Coordinate with the Ministry of Public Security in supporting the permanent registration of children as foreign adopts to return to Vietnam by regulation at paragraph 3 of this Article 14.

5. Coordinate with the Ministry of Labor-Trade and Social Affairs in the implementation of the prescribed duty at paragraph 4 Article 14 of this federation.

6. Command of the Department of Justice to carry out the tasks assigned to this joint venture.

7. Ask for foreign adoption organizations to carry out the task of being delivered in this Federal Communications.

What? 17. Foreign Ministry responsibility

1. Coordinated with the Ministry of Justice, directed the Vietnam Representative Agency abroad to take necessary measures to protect children being given foreign adoption.

2. Coordinate with the Ministry of Justice in the implementation of the prescribed duty at paragraph 2 Article 16 of this article in order to introduce measures to enhance the protection of Vietnamese children being given to foreign adopts.

What? 18. Ministry of Public Security

1. directing the functional units of its sector in the Central and Local to follow the provisions of the law within the functional range, the employment of the public sector for the children being given as foreign adopts must return to Vietnam and protect children from the country. You're in the case of necessity.

2. Do the task of regulation at paragraph 3 Article 14 of this Affiliated Information.

3. Coordinate with the ministries, the relevant sector that performs the prescribed duties at the Information of the Contents Of The Function of the function, the mandate, the powers of the public sector.

What? 19 . The responsibility of the Ministry of Labor-Trade and Society

1. Coordinate with the Ministry of Justice to carry out the duties specified in this Relevant Information.

2. Directed by Labor Department-Trade and Social Affairs Department, the Central City of the Central Committee to hold back, the layout of the care, raising of Vietnamese children being given foreign adoptions must return to Vietnam by regulation at Article 15. This is the president.

What? 20 The Department of Justice.

1. The organization veritifully information about the source of the adoption by regulation at paragraph 3 Article 9 of this article.

2. Coordinated with the Department of Labor-Trade and Social Services that revisit, care, foster children who are given foreign adoptions must return to Vietnam by regulation at Article 15 of this federation.

What? 21 The responsibility of the Vietnamese representative agency abroad.

1. Do the task specified in this Federal Information.

2. Timely Reflection of the information, notice of children in need of protection and to actively carry out the necessary protective measures.

What? 22. Performance Performance

1. This joint venture has been in effect since 6 April 2016.

2. In the course of execution, if there is difficulty in the process, the authorities, the organization and the individual reflect on the Ministry of Justice to coordinate with the Ministry of Foreign Affairs, Ministry of Public Security, Ministry of Labor-Trade and Social Affairs review, resolve ./.

KT. Minister of Justice.
Chief.

KT. SECRETARY OF STATE
Chief.

(signed)

(signed)

Xiang Yu

The Red Army.

KT. MINISTER OF LABOR-Trade and Social Affairs
Chief.

KT. Minister of the Ministry of Public Security
Chief.

(signed)

(signed)

Hong Lan

Lieutenant General