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The Decision 142/2000/qd-Ttg Dated: Issued Regulations Implementing The Cooperation Agreement Of Adoption Between The Socialist Republic Of Vietnam And The Republic Of France

Original Language Title: Quyết định 142/2000/QĐ-TTg: Ban hành Quy chế thực hiện Hiệp định hợp tác về nuôi con nuôi giữa nước Cộng hoà xã hội chủ nghĩa Việt Nam và nước Cộng hoà Pháp

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The Prime Minister's decision No. 134/2000/QD-TTG dated 11 December 2000 issued regulations implementing the cooperation agreement of adoption between the Socialist Republic of Vietnam and the French Republic _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the PRIME MINISTER pursuant to the law on Government Organization, 30 September 1992;
Pursuant to the law enacting the legal text on November 12, 1996;
Pursuant to the law on marriage and family (No. 22/2000/QH10) on 9 June 2000;
Basing the Ordinance on signing and implementing international treaties (number 07/1998/PL-UBTVQH10) on 20 August 1998 of the Commission of the National Assembly and Decree No. 169/1999/ND-CP dated 18 October 1999 from the Government detailing the implementation of a number of articles of the Ordinance on signing and implementing international treaties;
Pursuant to decision No. 120 QD/CTN on July 14, 2000 of the President ratified the agreement on adoption between the Socialist Republic of Vietnam and the Republic of France;
According to the recommendation of the Minister of Justice, Minister of Foreign Affairs and the Minister of public security, decision: article 1. Attached to this decision implementing regulation agreement of adoption between the Socialist Republic of Vietnam and the Republic of France.
Article 2. This decision takes effect 15 days from the date of signing. No. 2077/VPCP-PC on May 15, 1999 Government notices Office of the opinion of the Prime Minister to temporarily suspend the reception profile of French citizens and who often stay in France please pick children adopted by Vietnam off effect.
The Minister of Justice addressed the priority direction of the application for the adoption of French citizens and who often stay in France also unsettled due to the implementation of the decision to temporarily suspend says in paragraph 1 of this article.
Article 3. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this decision.

 



PRIME (signed) Phan Van Khai REGULATION implementing cooperation agreements on adoption between the Socialist Republic of Vietnam and the Republic of France (attached to decision No 151/2000/QD-TTg dated 11 December 2000 of the Prime Minister) chapter I GENERAL PROVISIONS article 1. Scope this Regulation applies to the implementation of the cooperation agreement of adoption between the Socialist Republic of Vietnam and the French Republic (hereinafter called the agreement).
Article 2. Guidelines for resolution, the adoption and application of laws 1. Solving for, the adopter must ensure humanitarian purposes, because the best interests of the child and respect for the fundamental rights of children.
Prohibit taking advantage of the introduction of and solve for children for adoption for the purpose of buying and selling, profited or other purpose contrary to the provisions of the law and social ethics.
2. The resolution of the profile of French citizens and foreigners residing in France, even in the case they are staying there the term outside France (hereinafter the adoption applicants) Please pick children's Vietnam citizens resident in Vietnam for adoption must comply with the provisions of the Treaty This regulation, and the other relevant regulations of the law of Vietnam.
In case the agreement stipulates the procedures for resolving other adoption with the provisions of the law of Vietnam, then apply the provisions of the agreement.
Article 3. Child object is introduced for adoption of children are introduced and solved for adoption under the provisions of this regulation is that the children are in foster facilities were established in the province, the central cities.
In the case of children with disabilities, orphans, adoption applicants previously got him, siblings of that child for adoption or for other humanitarian reasons are the Ministry of Justice approves, then the resolution for adoption applicants are applying restrictive that kids from families.
Chapter II the SEQUENCE, PROCEDURE for RESOLVING APPLICATION ADOPTION article 4. Application for adoption 1. Application for adoption must be established in accordance with the provisions of the agreement. The papers in foreign languages in the application for adoption must be translated into Vietnamese, have certified translations of Vietnam Embassy in France.
2. Application for adoption must be international adoption agency of France sent to the Ministry of justice through diplomatic way. In the case of international adoption agencies of France authorised and approved by the Ministry of Justice, the file can be done through the organisation of France has been active in the field of licensing adoption in Vietnam.
3. Pursuant to the provisions of the Treaty and the laws of Vietnam about adoption, the Ministry of Justice deals with international adoption agency of France about the papers need to have in your application adoption.
Article 5. Receiving and processing the application for adoption at the Ministry of justice within a period of 7 days from the date of the application for adoption under the provisions of paragraph 2 of article 4 of this regulation, the Ministry of justice review, check out the full profile. If the review found resume was sufficient and valid, then the Ministry of Justice have dispatch send the provincial people's Committee, the central cities (hereafter referred to as the provincial people's Committee) proposed to introduce children for adoption; This dispatch is sent for international adoption agency of France.
In the case of records are incomplete or not yet valid, then the Ministry of Justice proposed the international adoption agency of France supplements, perfection.
Article 6. The procedure of introducing children from upbringing 1. Within 45 days from the date of receiving the written recommendation of the Ministry of Justice provided for in article 5 of this regulation, the provincial people's Committee has the responsibility for directing the Department of Justice identified the children match the aspirations of adoption applicants to reply to the Ministry of Justice. In the case of children to introduce, then dispatch the reply attached to the profile of children; If no children match the aspirations of the people who apply for adoption, then the answer soon for the Justice Department to notify that person.
Children are introduced for adoption must be children living in foster facility was established on the area of the Legal Department, central cities are eligible for adoption under the provisions of the law, originally clear, complete and valid dossiers.
2. procedures for identifying children and formed the children's profiles are specified as follows: a) within 20 days from the date of receiving the written request by the Justice Department, the responsible upbringing of children determined to introduce for adoption and created 2 sets of profiles of children under the guidance of the Ministry of Justice. In the case of the written authorization of the adoption applicants, the French organization has been active in the field of licensing adoption in Vietnam was the initial contact with the child and if the head of the adopted base duỡng agree, is for children health supplements; costs related to the health supplements due to adoption applicants bear;
b) within 10 days from the date of the official introduction of the upbringing of children's records, and the Justice Department have the responsibility to review, check out the full profile. If it deems the profile of children have full and valid, a Justice Department report in writing the President of the provincial people's Committee authorized to announce results for the Ministry of Justice, accompanied by 11 of Ministry of children resumes.

In the case of children's records are incomplete, not valid or found the origin of the children is unclear, the Justice Department required supplementary feeding base, improving or in collaboration with provincial public security organs verified. Prescribed time limit at this point was to not more than 10 days.
Article 7. The procedure of introducing children from families in the case suggested adoption applicants please list the destination of children from families consistent with the provisions of article 3 of this regulation, the provincial people's Committee directed the Justice Department instructed the parents to lay or guardians set up 2 sets of profiles of children under the guidance of the Ministry of Justice.
The review, check out the profile of children and report results to the Ministry of Justice adhere to the provisions of point b of paragraph 2 of article 6 of this regulation.
The time limit for introducing the child from the family is 30 days from the date of receiving the written recommendation of the Ministry of Justice provided for in article 5 of this regulation.
Article 8. Transfer application for adoption to the provincial people's Committee and notify the adoption applicants 1. Within 7 days from the date of the referral results and profiles of children due to the redundant Department of Justice authorized the President of the provincial people's Committee, the Ministry of Justice consider, check the profiles of children. If it deems the record has a valid, full, children are introduced for adoption are eligible for adoption under the provisions of the law, the Ministry of Justice has written, attached to the 1st record of adoption applicants submit provincial people's committees to solve; This dispatch is sent for international adoption agency of France.
2. Within a period of 7 days from the date of the person's profile asking adoption by the Ministry of Justice sent the provincial people's Committee, assigned to the Justice Department directly or through the Organization of France has been active in the field of licensing adoption in Vietnam reported in writing to the adoption applicants.
Article 9. Complete the procedure for the adoption, at the provincial people's Committee 1. Within a period of 90 days from the date of notification in writing by the Department of Justice, adoption applicants must be present in Vietnam to complete the procedure to apply for adoption. In the case of objective reasons which applicants could not adoption to Vietnam in this period, it may suggest the Justice Department for renewal, but the total period not exceeding 6 months.
2. within 5 days from the date of adoption applicants present at the Justice Department, filed the registration fee pursuant to the adoption of laws and sign a commitment to the development of situation reports to supplement the adoption application, the Justice Department completed adoption records , the Chairman of the provincial people's Committee issued the decision for adoption.
Within 7 days from receipt of the documents and records adoption by the Department of Justice, the President of the provincial people's Committee consideration, signed the decision for adoption.
Within 7 days from the day the President signed the provincial people's Committee decision for adoption, delivered the ceremony Justice Department adoption under the provisions of the law, given to adoptive parents a key decision for adoption, a major report on the delivery of adoption and of the Registrar documents adopted under the guidance of the Ministry of Justice.
Article 10. Notice of decision for adoption 1. Within 7 days from the date of delivery of the adoption, the Justice Department sent the Justice Department a copy of the decision for adoption, adoption and traffic thereon a commitment of the adoptive parents about the report the development of adoption, to supplement the adoption application , put into storage and general track. At the same time, the Justice Department sent a copy of the decision for adoption to the Committee where birth registration was trưước for the kids to do the procedure notes the adoption registration.
2. Quarterly, Ministry of justice statistics listed by the decision for adoption were addressed under this agreement within the country and the decision on the adoption of the French court sent the Foreign Ministry to perform the tasks specified in paragraph 2 of article 12 of this regulation.
Chapter III LIABILITY of the BODIES and COORDINATION MECHANISMS to RESOLVE RECORDS for the ADOPTION of article 11. The responsibility of the Ministry of Justice Ministry of Justice is the central authority of the Vietnam as defined in article 2 of the Convention, has responsibility in the implementation of the provisions of the agreement and have the task, the following powers: 1. Issued guidance documents the implementation of the provisions of this regulation;
2. Directing, guiding the provincial people's Committee in resolving children's Vietnam record for adoption;
3. Established and chaired the task group to Vietnam to participate in the Working Group of the French-Vietnamese mixed according to the provisions of article 20 of the Convention;
4. License works for French institutions are eligible to be humanitarian activities, non-profits in the area of adoption in Vietnam to make the work of the international adoption agency authorized France and helping people apply for adoption during the completions for adoption; active management of the institutions of France has been active in the field of licensing adoption in Vietnam;
5. Guarantee and take responsibility for their adoption application adoption applicants to meet fully the provisions of paragraph 3 of article 10 of the Treaty and in this regulation;
6. Annual report from the Prime Minister on the State of implementation of the agreement and this regulation.
Article 12. The responsibility of the Ministry of Foreign Affairs Ministry of Foreign Affairs in cooperation with the Ministry of Justice and the competent authorities of Vietnam in the implementation of the Treaty, has the following powers and duties: 1. Handles foreign matters arising in the process of implementation of the agreement;
2. Direct the Vietnam Embassy in France during the introduction of the content of the Treaty, of this regulation and the legal relevance of Vietnam about adoption; User Guide please complete the adoption application for getting children to Vietnam for adoption; the favorable resolution of the procedure room and certify the translation application for adoption, as well as the procedure of adoption applicants to enter Vietnam; works closely with domestic agencies in protecting the legitimate rights and interests of children in Vietnam for adoption in France.
Article 13. The responsibility of the Ministry of public security, Ministry of public security in coordination with the Ministry of Justice and the competent authorities of Vietnam in the implementation of the Treaty, has the following powers and duties: 1. Directing the provincial public security authority, when required, to coordinate closely with the Justice Department in the investigation records , verify the origin of the children was introduced for adoption; Passport in time and create favorable conditions for children has been Chairman of the provincial people's Committee decided to exit Vietnam for adoption;
2. Implementing measures to prevent and fight against the acts of abusing the introduction, addressed to children for adoption for the purpose of buying and selling, the shaft and the other law violations in the adoption;
3. In coordination with the Ministry of Justice in the administration of the French organization has been active in the field of licensing adoption in Vietnam;
4. Perform the duties, the other powers in the field of adoption with the alien as defined by law.
Article 14. The responsibility of ministries, ministerial agencies, government ministries and agencies, ministerial-level agencies, government agencies, within the scope of its powers, duties, is responsible, in coordination with the Ministry of Justice, Ministry of Foreign Affairs and the Ministry of public security in the performance of the agreement and this regulation.
Article 15. The responsibility of the provincial people's Committee

The provincial people's Committee, where the upbringing of children was introduced for adoption or permanent place of children are begging for adoption, is the agency competent to decide for children for adoption under the provisions of paragraph 1 of article 7 of the Treaty, is responsible for implementation of the relevant provisions of the agreement and have the task , the following powers: 1. To receive the profile of people who apply for adoption by the Department of Justice moved, directing the Department of Justice in collaboration with the provincial public security authority and upbringing to resolve records, make sure the kids for adoption must be done on the humanitarian spirit because the best interests of the child;
2. Specify the upbringing of the children in the area of the province, central cities are eligible for referral of children for adoption;
3. Guarantee and take responsibility for the child's profile was introduced for adoption meets the provisions in clause 1 of article 11 of the Treaty and in this regulation;
4. the decision for adoption under the provisions of paragraph 1 of article 7 of the Treaty and directed the Justice Department to organize the delivery of the adoption under the provisions of the law;
5. the province's management of, centrally-city activities of the organizations of France has been active in the field of licensing adoption in Vietnam.
In the performance of duties, the powers above, provincial people's Committee has the responsibility to implement the direction, professional guide service of the Ministry of Justice and the ministries departments.
Article 16. The responsibility of upbringing children upbringing of children is the provincial people's Committee appointed to introduce children for adoption have the responsibility: 1. To coordinate with the Justice Department in the introduction of the children are eligible for adoption; periodically report the Department of labor, invalids and Social Affairs and the Agency had decided to establish the basis of nurturing of the situation introduced children for adoption;
2. Ensuring children are introduced for adoption meets the conditions for adoption under the provisions of the law, clearly sourced, valid, full profile.
3. To create condition for adoptive parents, the French organization has been active in the field of licensing adoption in Vietnam exposed children and do the necessary procedures in applying for adoption under the provisions of the law.
Article 17. The responsibility of the interdisciplinary working group 1. Interdisciplinary working group was established by the decision of the Minister of Justice, comprised of representative is leader of the Ministry of Justice, Ministry of public security, Ministry of Foreign Affairs and other relevant agencies, led by Deputy Minister of judiciary as head of the group.
2. interdisciplinary working group has the following duties, powers: a) work together between the relevant ministries in the implementation of the agreement and settle the issues and problems arising in the process of implementation of the Convention and this regulation;
b) prepare annual reports on the implementation of the agreement and this regulation to the Minister of Justice reported the Prime Minister;
c) periodically check the implementation of the Convention and of this regulation at the local;
d) participate in activities of the mixed working group-France and perform the duties specified in paragraph 2 of article 20 of the Treaty.
Article 18. Responsibility of the institutions of France are active in the field of licensing adoption in Vietnam 1. France's organization was active in the field of licensing adoption in Vietnam have the following powers and duties: a) accepted Vietnam law, respect the customs, usages of Vietnam;
b) operate under the right content, the range was specified in the licence;
c) urge, remind the adoption applicants make commitments regarding the development status report of adoption;
6 month recurring) report in writing to the Ministry of Justice on the activities of the Organization in Vietnam; at the same time is responsible for the report, provide a document or explain the issues related to the Organization's activities for the Ministry of Justice, as required;
e) Off the fiscal year, must have the report sent the Ministry of Justice;
g) are hired based work, Vietnam labor recruiting work for the Organization in accordance with the law of Vietnam.
2. The person who held the credentials as the representative in Vietnam are responsible for all activities of the Organization in Vietnam.
3. The Ministry of Justice regulation on record, for a license to operate in Vietnam of French adoption organizations.
Chapter IV HANDLING VIOLATION of article 19. Handle violation 1. Who would take advantage of the Office, the powers in the resolution for child adoption contrary to this regulation and the provisions of the law, then, depending on the nature and extent of the violation being disciplined or prejudice criminal liability under the law.
2. Who would be violations of this regulation and other provisions of the law; taking advantage of the introduction of and solve for children for adoption aimed at exploitative labor, sexual, purchase and sale of children or because others gain depending on the nature and extent of the violation, which sanctioned administrative offense or prejudice criminal liability under the law.