Advanced Search

Circular No. 04/2001/tt-Btp: Circular Guiding The Implementation Of Some Provisions Of The Regulation Implementation Of Cooperation Agreements On Adoption Between The Socialist Republic Of Vietnam And The Republic Of Ph. ..

Original Language Title: Thông tư 04/2001/TT-BTP: Thông tư hướng dẫn thi hành một số quy định của 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 Ph...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Circular of the Ministry of justice no. 04/2001/TT-BTP on 20 March 2001 guiding the implementation of some provisions of the regulation implementation of cooperation agreements on adoption between the Socialist Republic of Vietnam and the French Republic _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to decision No. 142/2000/QD-TTg dated 11 December 2000 of the Prime Minister issued regulations implementing agreement effects of adoption between the Socialist Republic of Vietnam and the Republic of France;
Pursuant to Decree No. 38/CP dated 4 June 1993 by the Government on the functions, duties, powers and organization of the Ministry of Justice;
After reaching the comments with the Foreign Ministry and the Ministry of public security;
The Department of Justice guide to the implementation of some provisions of the regulation implementation of cooperation agreements on adoption between the Socialist Republic of Vietnam and the French Republic are as follows: i. GENERAL PROVISIONS 1. This circular regulates records and some specific guidelines regulating the procedure for resolving application for children adopted by Vietnam of French citizens and foreigners resident in France under the provisions of the agreement about cooperation between the adoption of the Socialist Republic of Vietnam and the French Republic (hereinafter called the agreement) and the regulation implementation of cooperation agreements on adoption between the Socialist Republic of Vietnam and the French Republic (hereinafter the regulation); regulations on record, for a license to operate in Vietnam of French adoption organizations.
2. children are introduced for adoption is in the child's upbringing was the Chairman of the provincial people's Committee, the central cities (hereafter referred to as the provincial people's Committee) to implement the agreement. The number of upbringing are specified depending on the situation and the actual conditions of the locality. Copy the text specifies the upbringing of provincial people's committees should be sent to the Ministry of Justice, accompanied by their name and the address of the head of this upbringing.
Just settle for receiving children for adoption from families for humanitarian reasons the case specified in paragraph 2 of article 3 of the Statute. For cases please children from families of other humanitarian reasons must be approved before the Department of Justice. Procedure for prior approval of the Ministry of Justice for the case be made as prescribed in point c. 4 section II of this circular.
II. A SPECIFIED NUMBER of records, PROCEDURE for RESOLVING APPLICATION ADOPTION a. PROFILE of ADOPTION APPLICANTS 1. The base specified in paragraph 3 article 4 of the regulation, the profile of the adoption, please include the following documents: a. the dispatch of international adoption agencies of France sent Vietnam Ministry of Justice;
b. application for adoption according to the prescribed form;
c. copy of passport is also the value of adoption applicants, having the endorsement of Vietnam Embassy in France;
d. Paper allows adoption still has value because of France's provincial Council, accompanied by the report of results of social investigation, investigating the psychology of adoption applicants and criminal record of the person;
preferred certifications adoption applicants are health, not mental disease, infectious disease, due to the medical facility of the French authorities to grant not more than 6 months, until the Ministry of Justice received records, this paper must be marked with the confirmation of the international adoption agency of France;
e. verification of the person's annual income level please ensure the full adoption foster adoption (the income tax notice of years ago).
2. The text of the international adoption agency of France sent the Ministry of Justice said in point 1.a above include the following: a. full name, date of birth, passport number, place of residence, occupation, contact addresses of adoption applicants;
b. status of the capacity for civil acts of adoption applicants;
c. the ability to ensure the adoption (economic ability, personal, family circumstances, health status, social environment) of adoption applicants;
d. the reason please adoption;
sync the aspiration of children want to please mother (age, gender, other features that people please see appropriate adoption); If the adoption applicants please list the child landing in the upbringing or from family, then specify the name, date of birth and place of residence of the child;
e. continuing commitment to complete the adoption formalities in France, aims to protect the rights of children in Vietnam has been decided for adoption.
3. Profile of adoption applicants are established two sets. Documents in a foreign language in the profile must be translated into Vietnamese, have certified translations of Vietnam Embassy in France.
B. The CHILD'S PROFILE Was INTRODUCED For ADOPTION 1. Pursuant to the provisions in point a clause 2 article 6 of the regulation, the profile of children was introduced for adoption include the following documents: a. a copy of the birth certificate;
b. Paper approved for children for adoption;
c. verification of medical facilities from the district level or higher on the State of health of the child (if the child's health status is nothing special to note, it must be stated);
In the case of children being introduced for adoption in an abandoned, it must have a copy of the minutes confirmed the condition of abandoned children; If the children in an orphanage, then must have a copy of a death certificate for the mother and the father.
In the case of children being introduced from upbringing, they must attach of upbringing, which clearly: time children have been in upbringing; family situation of children; the needs, preferences, particularly of children, if any; Note about children's health status, if necessary. Dispatch of upbringing are confirmed not to have people in the country asking that child for adoption and the child for adoption is the most appropriate measure for the benefit of children.
2. Paper approved for children for adoption said in point 1. b on here by the head of upbringing, for children to be introduced for adoption are in upbringing; If the child's father, mother or guardian, it must have the approval of those comments.
In the case of children adopted by referral from the family by his father to accept Paper, mother tongue; If the father or mother has died, lost the capacity for civil acts, were declared dead or missing by a decision of the Court was in effect, the law just signed by the mother or the father is alive, has the capacity for civil acts.
In the case of the father, the mother had died, lost the capacity for civil acts, were declared dead or missing by a court's decision has the effect of law, the child's guardian has authority to sign the approval.
The guardian said at this point the guardian registered under the provisions of the law on the Registrar.
3. If the child is introduced for adoption from 9 years of age, you must have the child's opinions that agree to do alien adoption by recording directly into a paper approved for children for adoption.
4. children's records was formed into two sets.
C. SOME OF THE RULES OF PROCEDURE FOR RESOLVING APPLICATION ADOPTION

1. Immediately after receiving the application for adoption, the certified management, examiner, Registrar, citizenship, criminal record (hereinafter called Service Management) is responsible for examining, reviewing the entire record; If the show has a full and valid, then the procedures suggested introducing children as defined in article 5 of the regulation and is responsible for the records of adoption applicants when submitted to the provincial people's Committee has met in full the provisions of the Treaty Regulation, and this circular.
In case it deems the records are incomplete or not yet valid, then the Service Management inform the international adoption agency of France to complement, perfection.
2. Immediately after receiving the records of children due to the upbringing by his father, mother or guardian submit to the Justice Department, has the responsibility to check, consider the whole record; If the show has a full and valid, then the transfer of records to the Ministry of Justice as specified in point b of paragraph 2 article 6 of the Statute and take responsibility for the children's records when sent to the Ministry of Justice has met in full the provisions of the Treaty Regulation, and this circular.
In the case of children resumes deems insufficient or is not yet valid, the Justice Department announced for upbringing or parents, guardian to complement, perfection.
3. During the test, consider the profile, if the origin of the children is not obvious or suspected signs violate the law during the introduction of the child, suspect the authenticity of the records, documents, the Justice Department suggested writing to the provincial public security organs verified as specified in point b of paragraph 2 article 6 of the regulation. In the text suggest investigation must specify the suggested content verification. The suggested text, written notice of the assessment results, the police prefecture shall be sent to the Ministry of Justice attached to children's records.
4. Please accept procedure adopted children from families without humanitarian reasons in the cases mentioned in paragraph 2 of article 3 of the Statute shall be as follows: the adoption applicants must submit before the Vietnam Ministry of Justice (through the international adoption agency of France) in the application, stating the full name of the child, the child's permanent address, humanitarian reasons which applicants wish to apply restrictive adoption of children.
As soon as received, the management sent to the Justice Department, where the resident children to consider, check the authenticity of the humanitarian reasons due to adoption applicants raised; If humanitarian reasons deems is authentic, are a parent or guardian to lay preliminary acceptance, the Justice Department reported in writing to the Ministry of Justice to answer for people who apply for adoption.
After receiving the opinion of the Ministry of Justice on humanitarian reasons, the new adoption applicants can submit application for adoption under the provisions of the agreement.
D. DELIVERY CEREMONY Of ADOPTION 1. Delivery ceremony of adoption was made under the provisions of the law. In the case of adoption applicants as the couple, then in principle both must be present and directly the adoption, signing adoption registry. In case one of the two men because of health reasons or other objective reasons which can not to be Vietnam at the time was determined to make the procedure of adoption, the interface can accept the authorization of that person to the other.
2. When the adoption Affairs, the Department of Justice awarded to adoption applicants the following documents: a. the original decision for adoption;
b. original adoption delivered thereon;
c. original birth certificates of adopted children; in the case of the original birth certificate is lost or damaged to be used are then replaced by a copy of a birth certificate from the registry of births;
d. a copy of the approval Certificate for the child for adoption;
sync copy death certificate for her father, the children's mother, if the father, mother is dead;
e. a copy of the minutes confirmed the situation of abandonment, if children in an abandoned.
III. Records, for a LICENSE to OPERATE in VIETNAM for the FRENCH ADOPTION ORGANIZATION a. APPLICATION for LICENSE to OPERATE in VIETNAM 1. French adoption of Organization (hereinafter the adoption organization) would like to operate in the field of adoption in Vietnam must follow the prescribed form Vietnam Ministry of Justice please send license to operate in Vietnam (hereinafter called permit).
Must have attached the following documents: a. valid authenticated copies of the Organization's Charter adopted;
b. a copy of a valid certificate has the license to operate in Vietnam by international adoption agency of France;
c. reports on activities in the field of adoption within two years, accompanied by a confirmation of international adoption agencies of France, which stated on the situation of financial incomes and expenses related to the adoption activities; If the Organization has been active in Vietnam to report on the activities conducted in Vietnam, certified by the Vietnam Administration;
d. expected operations in Vietnam and plans plans technical help or humanitarian support for the upbringing of children;
Sync criminal Votes of people who held the expected adoption candidate in Vietnam;
e. list of criminal and votes of the people are expected to work recruiting for the Organization adopted in Vietnam.
2. Application for a license the works and papers attached to established two sets of records. Papers in French in the profile must be translated into Vietnamese, have proof of valid translations.
B. LICENSING PROCEDURE OPERATION 1. Within 5 days from the receipt of a valid application, Service management is responsible for the review, submit the texts please opinions of the ministries and departments of the provincial people's Committee, where the expected adoption organization headquarters.
Immediately after receipt of the reply comments of the aforementioned bodies, Service management is responsible, in coordination with international cooperation the Ministers decide the licensing activities.
Within 5 days from the date of the decision granting the license activity, Service license management activities for the organization.
In case of refusal to license activities, Service Management send a dispatch notification to organize adoption, stating the reasons for refusal.
Active license is made in two originals: a grant to the organisation, a save at the Ministry of Justice. Active license in force not exceeding 2 years and can be renewed, each not exceeding 2 years.
2. within 30 days from the date of receiving the license to operate, through the Department of Justice, the Organization adopted child must report on the licensed activities and submit a copy of the license is active in the provincial people's Committee, headquarters.
C. the RESPONSIBILITY of the ORGANIZATION ADOPTED the Organization adopted was the Vietnam operation license, in addition to the rights and obligations set forth in paragraph 1 to article 18 of the Statute, also have the following rights and duties: 1. To be in contact with the Justice Department, the provincial people's Committee , The Department of Justice and the upbringing of children to make the work of the international adoption agency or adoption applicants are authorized;
2. conduct technical assistance activities, humanitarian support for the upbringing of the children on the basis of the signing of the agreement in writing with upbringing. The signing of this agreement must be agreed by the provincial people's Committee where upbringing;
3. Subject to the check, the Inspector of the Ministry of Justice and the provincial people's Committee headquarters;
4. The other rights and obligations under the provisions of the law.
D. RENEWAL PROCEDURE, CHANGE the CONTENT LICENSE to OPERATE 1. Active license renewal

The Organization adopted strictly obey laws in Vietnam, the provisions of the Treaty, the regulations and this circular can be renewed the license active.
At the latest 60 days before the expiry of the activity licence, the Organization adopted child must have application for renewal submitted the Ministry of Justice. Attached to have the text of the provincial people's Committee headquarters, commented on the situation and outlined activities comments on the extension.
Within 30 days from the date of the application for extension of activity licence, Service management is responsible for the review and coordination of the international cooperation Department with the Minister to review the decision.
In case of refusal to renew the operating licence, Service Management send a dispatch notification to organize adoption, stating the reasons for refusal.
Within 10 days from the date of the decision to renew the operating licence, through the Department of Justice, the Organization adopted children must be informed of the extension and submit a copy of the decision to renew the operating licence for the provincial people's Committee seat.
2. Change the content license to operate in case the Organization adopted the name change of the Organization, head, head office in France, based in Vietnam, they must have a written notice to the Ministry of Justice of Vietnam to notes on the changes in the operating licence.
In the case of adoption organizations have asked to change the Organization's delegates adopted in Vietnam, active content, operating in Vietnam, it must have the form of Justice to allow the changes. In the application must specify the required content changes and reasons for changes.
Within 30 days from the date of the application for the change of the content license to operate, Service management is responsible for the review and coordination of the international cooperation Department with the Minister to review the decision.
In case of refusal to allow changing the content license to operate, Service Management send a dispatch notification to organize adoption, stating the reasons for refusal.
Within 10 days from the date of the decision to allow changing the content license to operate, through the Department of Justice, the Organization adopted to inform about the change of content of active license and submit a copy of the decision to the provincial people's Committee seat.
Timer ACTIVE TERMINATION PROCEDURES In VIETNAM 1. The Organization adopted the termination of operations in Vietnam in the following cases: a. expiry of activity logs in the active license by the Ministry of Justice level Vietnam without extension;
b. Have terminated operations in France;
c. revoked the license to operate in Vietnam;
d. Order the termination of operations in Vietnam.
In the cases specified in point b and d above, before the expected termination of operation 60 days, adoption organizations must report in writing to the Ministry of Justice and the provincial people's Committee headquarters about the intention to terminate operations in Vietnam.
2. Within a period of 60 days from the date of cessation of operations in Vietnam, the Organization adopted child must complete payment of all debts, if any, with organizations, individuals and solved all problems related to the termination of activity, submit a report in writing to the Ministry of Justice and the provincial people's Committee seat.
IV. FORMS And The ADOPTION RECORDS 1. Attached to this circular form of the following: a. The text of the Department of Justice sent the provincial people's Committee recommended referral of children for adoption (for please not restrictive)-Annex i. 1;
b. text of the Ministry of Justice sent the provincial people's Committee recommended referral of children for adoption (for cases please list the destination)-Annex i. 2;
c. The text of the Department of Justice sent the provincial people's Committee on the transfer of records of adoption applicants-Annex i. 3;
d. dispatch of the Ministry of Justice sent the Justice Department requesting humanitarian reason of applying restrictive children from families-Annex i. 4;
Sync's provincial people's Committee replied to the Ministry of Justice about the introduction of child adoption-Appendix i. 5;
e. message text of the Justice Department sent the adoption applicants about the introduction of the child for adoption (for please not restrictive)-Annex i. 6;
g. notification of documents the Justice Department sent about adoption applicants approved for children for adoption (for cases please list the destination)-Annex i. 7;
h. Paper approved for children for adoption-Annex i. 8;
i. adoption application form (for cases please not restrictive)-Appendix II. 1;
k. adoption application form (for mailing purposes, please)-Appendix II. 2;
l. Licensing application form for operation of the Organization adopted-annex III.
2. The adoption records (including records of adoption applicants and profiles of children was adopted) is done at the Ministry of Justice and the Department of Justice under the current rules on storage.
V. TERMS Of ENFORCEMENT 1. The French citizen residing outside France please children adopted by Vietnam is not in the scope of the Treaty and the Statute; the order, the procedure for the adoption of the resolution for this case is made according to the General rules of the law of adoption between Vietnam citizens with foreigners.
2. This circular effect since 1 April 2001.
In the process, if there arise problems, the provincial people's Committee, the Justice Department has the Ministry of Justice to guide.