Circular 12/2011/tt-Btp: Issuance And Guide The Recording, Storage, Using Adoption Form

Original Language Title: Thông tư 12/2011/TT-BTP: Về việc ban hành và hướng dẫn việc ghi chép, lưu trữ, sử dụng biểu mẫu nuôi con nuôi

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Article 1. Scope this circular stipulates the enacted forms of adoption and the adoption registry; the object to use, competence in, release notes, a form of adoption and the adoption registry; How to lock Windows and store the registry adoption.

 Article 2. Object using the form, the registry adoption 1. Vietnam citizens, foreigners are asked to solve the about adoption;

2. the people's committees of communes, wards and towns (hereinafter the township-level people's committees);

3. the people's committees of provinces and cities under central (hereinafter the provincial people's Committee);

4. The Department of Justice;

5. The Ministry of Justice;

6. Vietnam representative offices abroad;

7. foreign adoption organizations level, extend, amend the licence to operate in Vietnam;

8. Individuals, other related organizations under the provisions of the law on adoption.

Article 3. Issued form, adoption registry 1. Issued 26 types form and 1 type of adoption registry with notation as specified in the list below: TYPE STT SIGN FORM section I. The form by the Department of Justice, released 01 TP adoption registry/CN-SĐK 02/2011 adoption certificate (original-model used for the registration of adoption at Committee level and township Vietnam representative offices abroad) TP/CN-CN. Category II 01/2011. The form due to the Ministry of Justice in March release, the decision about the Vietnam children for adoption abroad (original-model used for the registration of adoption have foreign elements at the provincial people's Committee) TP/CN-2011/CNNNg. 01 04 license to operate foreign adoption in Vietnam (model permits by the Ministry of Justice level for foreign adoption organizations)/CITY CN-2011/CNNNg. 3 section III. The form is published in the electronic portal of the Ministry of Justice (free use) 5 certificate of adoption (copies-the template used for the registration of adoption at Committee level and Vietnam representative offices abroad) TP/CN-CN-2011.01. a 06 decisions for children adopted overseas (Vietnam replica-model used for the registration of adoption have foreign elements at the provincial people's Committee of HO CHI MINH CITY)/CN-2011/CNNNg. 01.07 a certificate of the foreign adoption (model of the Department of Justice certified the Vietnam children adopted abroad are settled in accordance with the provisions of the law of Vietnam), HO CHI MINH CITY/CN-2011/CNNNg. 2 8 adoption application TP/CN-CN-2011. the registration Declaration 02 09 adoption fact TP/CN-2011/CN. 9 10 register declarations the adoption TP/CN-2011/CN. 04 11 registration adoption TP/CN-2011/CN. 05 12 Declaration of family circumstances of the adoption (sample use for the adoption at Committee level and Vietnam representative offices abroad) TP/CN-2011/CN. 6 13 minutes of opinions about for child adoption TP/CN-2011/CN. 12. a 14 minutes of taking the opinion of the Director of the upbringing of the child for adoption (used in the case of abandoned children are living in upbringing) TP/CN-2011/CN. 7. b 15 minutes of delivery of adoption (for cases of domestic adoption) TP/CN-2011/CN. 08 16 reports the development of adoption (for school cases of domestic adoption) TP/CN-2011/CN. 9 17 confirmation notes the adoption was registered at the competent body of the foreign HO CHI MINH CITY/CN-2011/CN. 9 18 application for getting children to Vietnam for adoption (for cases please list the destination) TP/CN-2011/CNNNg. 04. a 19 application for getting children to Vietnam for adoption (for the case please do not list the destination) TP/CN-2011/CNNNg. 04. b 20 A brief summary turn off characteristics, preferences, habits of children in HO CHI MINH CITY/CN-2011/CNNNg. 05 21 minutes of delivery of adoption (for foreign adoption cases) TP/CN-2011/CNNNg. 06 22 reported the development of adoption (for foreign adoption cases) TP/CN-2011/CNNNg. 07 23 application for licensing foreign adoption in Vietnam HO CHI MINH CITY/CN-2011/CNNNg. 8.24 a revised application , to renew the operating licence of foreign adoption in Vietnam HO CHI MINH CITY/CN-2011/CNNNg. 8. b 25 lists children should find alternative families in the country (list 1) TP/CN-2011/DS. 1 26 list of children received restrictive adoption (list 2) TP/CN-2011/DS. 2 27 child list is confirmed eligible for foreign adoption for TP/CN-2011/DS. 3 2. The type of the form prescribed in paragraph 1 of this article are designed to print on A4 paper, taken.

Use the form to ensure proper form and content, the provisions of this circular; prohibits changes to specifications, content and form of the type form of adoption.

Article 4. Competence in, release forms, the registry adoption 1. The Justice Department, released a book type (01) and one (1) form type from number 1 to number 8 section I under the category defined in article 3 of this circular. Adoption registry is in closed volume consists of two types of page 100 and 200 pages.

2. The Ministry of Justice, released two (2) types of the form from number 11 to number 10 section II under the categories specified in article 3 of this circular.

3. Three (3) types of the form from number 11 to number 10 according to the categories specified in article 3 of this circular are in color, textured pattern.

4. The Bureau adopted to coordinate the information technology Bureau announced on the electronic portal of the Ministry of Justice of 23 types form from number 5 to number 26 Category III according to the categories specified in article 3 of this circular.

Agencies, organizations, individuals wishing to use the form of adoption from number 5 to number 26 Category III according to the categories specified in article 3 of this circular was to access the electronic portal of the Ministry of Justice (www.moj.gov.vn) to print and use for free. For those not local conditions using the internet, the Justice Department held in, free release forms are intended to meet the needs of their local use.

Article 5. The guide uses a form of adoption 1. The form certificate of adoption, a key symbol of HOCHIMINH CITY/CN-CN. 01/2011 and copy, the symbol of HOCHIMINH CITY/CN-CN-2011.01. a, was used for the registration of adoption in the Committee and township-level people's representative offices overseas Vietnam.

2. Record form opinions about kids for adoption, the symbol of HOCHIMINH CITY/CN-2011/CN. 12. a and form opinions thereon by the Director about the upbringing for children for adoption (used in the case of abandoned children are living in upbringing), symbol of HOCHIMINH CITY/CN-2011/CN. 7. , used for the opinions of those concerned on the work for children adopted in the country and overseas for adoption under the provisions of article 20 and article 21 of the law on adoption.

Article 6. How adoption certificates records 1. Full name of father, mother and daughter are written in capital letters, with enough markers.

2. Item "Where registration of the adoption" must specify the name of the people's Committee of the commune/ward/town, district/county/province city, centrally with respect to the registration of adoption in the country or the name Vietnam representative offices abroad if registered the adoption in Vietnam representative offices abroad; "the day, month and year of registration" must keep the right time register the adoption.

Private registration for the adoption under the provisions of article 29 of 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 (hereinafter the Decree 19/2010/ND-CP), shall record the Agency name and registration date , months, years to re-register the adoption.

3. The "notes" are credited as follows: a) for registration of the adoption under article 29 of Decree No. 19/2010/ND-CP, then write "re-register".

b) for registering the actual adoption under article 25 of Decree No. 19/2010/ND-CP, then write "adoption fact recognized since the day ... month ... year ..." is on adoption relations arise in practice between the parties.

c) for a domestic adoption case in which parents lay have written agreement with foster parents about retaining the rights, obligation for the child after adoption, shall record the "native Father and adoptive parents have an agreement under paragraph 4 of article 24 adoption Law".

Article 7. How registry adoption records


1. When the registration of the adoption, the judicial officer at the Registrar level, Township people's Committee officials and the Department of Justice's Registrar or consular officials (hereinafter referred to as the implementation) to write to the registry adoption and adoption form; record content must be accurate; the handwriting is clear enough strokes, not short, not erased; write the same kind of good ink, black. For those which had the application of information technology in the register, the Registrar should content noted in the adoption form can be printed through the computer.

2. Registry adoption must be recorded in order of each page, not vacant, is stamped from the first page to the last page of the Book.

3. When starting a new book as prescribed in this circular, the registration number must be written according to the order of time, starting from number 1 to the end on December 31 of that year; Yet in that case out the window then must use other Window and grab the next number of the previous Window (see example 1 below). If the end of the year that not all Windows, then the Window is used for the next year, but the case of the first year after registration will start from number 1 (see example 2 below).

4. the number recorded in the adoption form is the number recorded at the top of the page adoption registry attached in the adoption register; book number is the number of the log book and the year open the adoption registry.

Example 1: adoption registry in Ward X. open 2011 and 2011 Ward X. using 2 adoption registry book. Nguyen Van Hai Nguyen I adopted A Britain and registered adoption in late 2011 in numerical order, vol. 300 No. 02. Therefore, in the "number" in the book number/certificate of adoption of England A and the nephew of Nguyen Van Hai Nguyen you have to specify: "numbers: 300/2011.

Volume number: 02/2011 ".

Example 2: adoption registry in the medical ward. open 2011 and 2011 registration is only 25 cases. Also included in Windows and used for 2012 without having to open a new Window. Nguyen Van Hai Nguyen I adopted Ha B and is the first case to be registered adoption by 2012. Therefore, in the "number" in the book number/certificate of adoption of Nguyen Van Hai Nguyen Ha you B and must specify: "number: 01/2012.

Volume number: 01/2011 ".

5. Writing the column item in the window, the form, the adoption must follow the instructions for use in the registry adoption and this circular.

6. While registration, if there are errors caused by recording in the registry adoption, the person made to directly strike the section errors, left over the old text, not erase to write back. The column notes the change of registry adoption must specify the content of this page; name, signature of the person who has this page and the date, month and year. The seal on the repair. If there are errors caused by recording in the adoption form, then cancel the form it and rewrite the other sheets.

Prohibiting the arbitrarily erased, corrected, supplemented falsify the content recorded in the registry adoption, in the form of adoption.

Article 8. How the Windows key and store the registry adoption 1. Adoption registration year begins from July 1 until December 31 of that year. At the end of the registration year must be made to the statistics of the number of events registered in the adoption year. The case of the window is used for the following year, then use the Windows off have to total events statistics adoption registered in that year.

After general adoption events were registered according to the instructions in paragraph 1 of this article, who implement are written on the blank page in the Windows of adjacent 01 total number of events registered adoption; representing the registry adoption signed and stamped.

2. Registry adoption must be stored, preserved for long-term use, serve the needs of the people and state management activities.

The registration of adoption in the township-level people's committees should be registered in the log book 2 (dual registration), 1 vol. in-level people's committees of communes, where the adoption registration, 1 volume turn the people's Committee at the district level.

The registration of adoption in Vietnam representative offices abroad should be registered in the log book 2 (dual registration), 1 vol. in Vietnam representative offices overseas, where adoption registration, 1 volume switch store at the Foreign Ministry.

With regard to the registration of adoption at the provincial people's Committee, the Justice Department made only subscribe to 1 atmosphere and save at the Justice Department.

3. the people's Committee of social, Justice Department, Vietnam representative offices abroad are responsible for storing, preserving, mining registry used adoption as prescribed by the law on Archives and the laws on registration and management of the adoption; implementation of the preventive measures against storm floods, fires, explosions, moisture, termites and secure document storage.

Officers working on adoption registration need to delve into the "user's Guide" in the Windows registry adoption to implement fully, correctly and consistently.

Article 9. Annulment forms, adoption registry in the legal documents involved removal of the form and the registry adoption was attached to the text of the law here: 1. Abolish the 10 kinds of form and 1 type of adoption registry was issued together with decision No. 15/2003/QĐ-BTP on December 2, 2003 of the Minister Justice on issuing the form, book the President have foreign elements, including: the decision for getting children adopted by Vietnam, HO CHI MINH CITY/HTNNg-2003-CN. 5; The decision for getting children adopted by Vietnam (copy), notation TP/HTNNg-2003-CN. 5. a; Application for permission to establish foreign adoption in Vietnam, HO CHI MINH CITY/HTNNg-2003-CN. 6; Personal résumé (who's expected to head office of foreign adoption), the symbol of HOCHIMINH CITY/HTNNg-2003-CN. 7; Register the adoption there of foreign elements, the symbol TP/HTNNg-2003-CN; Application for getting children to Vietnam for adoption (for cases please list the destination), the symbol of HOCHIMINH CITY/HTNNg-2003-CN. 1; Application for getting children to Vietnam for adoption (for the case please do not list the destination), the symbol of HOCHIMINH CITY/HTNNg-2003-CN. 1. a; Authorization for children (for children living in the upbringing), symbol of HOCHIMINH CITY/HTNNg-2003-CN. 2; Authorization for children (for children living in families), the symbol of HOCHIMINH CITY/HTNNg-2003-CN. 2. a; A commitment to periodic announcements about the development of the adopted child, the symbol of HOCHIMINH CITY/HTNNg-2003-CN. 3; and the report on the Affairs of the adoption, the symbol of HOCHIMINH CITY/HTNNg-2003-CN. 4.

2. Repeal of 8 forms and 1 type of adoption registry is attached to decision No 1/2006/QD-BTP on 29/3/2006 of the Minister of Justice on the Windows form, Registrar, Registrar include: paper about the agreement for adoption, and the symbol STP/HT-2006-CN. 1; The decision recognized the adoption (original), the symbol STP/HT-2006-CN. 2; The decision recognized the adoption (copy), notation STP/HT-2006-CN. 2. a; The decision recognized the adoption (original-sign-up), STP/HT-2006-CN. 3; The decision recognized the adoption (copies-registration), the symbol STP/HT-2006-CN. 3. a; The decision recognized the adoption (original-sign-up), STP/HT-2006-CN. 4; The decision recognized the adoption (copies-registration), the symbol STP/HT-2006-CN. 4. a; Declarations the adoption registration, symbol STP/HT-2006-CN. 5; and the adoption registry, STP/HT-2006-CN.

3. Abolition of 6 types of form and 1 type of adoption registry attached to decision No. 04/2007/QD-BTP on June 13, 2007 of the Ministry of Justice issued 11 kinds of shared households and 38 kinds of Registrar form used in diplomatic missions, Consulate of Vietnam in foreign countries , including: agreement on Paper work for and adoption, BTP-NG/HT-2007-CN. 1; The decision recognized the adoption (original), BTP-NG/HT-2007-CN. 2; The decision recognized the adoption (copy), notation BTP-NG/HT-2007-CN. 2. a; The decision recognized the adoption (original-sign-up), BTP-NG/HT-2007-CN. 3; The decision recognized the adoption (copies-registration), BTP-NG/HT-2007-CN. 3. a; Declarations the adoption registration, BTP-NG/HT-2007-CN. 4; The adoption registry, BTP-NG/HT-2007-CN.

4. Repeal of 2 types of adoption form is issued in circular No. 01/2008/TT-BTP on June 2, 2008 the Department of Justice's guide the implementation of some provisions of Decree No. 158/2005/ND-CP on December 27, 2005 by the Government on registration and management, including : Declarations registered the adopter, the symbol STP/HT-2008-TKNCN; The decision recognized the adoption (original), the symbol STP/HT-2008-NCN. GC.

5. Abolition of 3 types of adoption form are attached to circular No. 11/2008/TTLT-BTP-BNG on December 31, 2008 of the Ministry of Justice and Ministry of Foreign Affairs guidelines stipulated by Decree No. 158/2005/ND-CP on December 27, 2005 by the Government on registration and management at the diplomatic missions Consular agency of Vietnam abroad, including: the decision to recognize the adoption (original), BTP-NG/HT-2008-CN. GC. I; The decision recognized the adoption (copy), notation BTP-NG/HT-2008-CN. 2. a. II; The decision recognized the adoption (copies-registration), BTP-NG/HT-2008-CN. 3. a. II.

Article 10. Effect 1. This circular effect since January 15, 2011.

2. During the implementation process, if there are problems or new things arise, the Justice Department, Vietnam representative offices abroad had sent the text of timely justice for instructions./.