Under Justice Ministry Circular No. 21/2011/TT-BTP of November 21, on management of Vietnam-based foreign child adoption offices, these offices are not allowed to act as legal representatives for foreign adoptive parents.
However, foreign child adoption offices may perform jobs mandated by adoption applicants in completing procedures for child adoption in Vietnam, including completing dossiers of adoption applicants in accordance with Vietnamese law, submitting dossiers and paying charges to the Child Adoption Agency on behalf of adoption applicants, taking children recommended for adoption to additional health-checks after obtaining consents of heads of related child-nurturing establishments, and supporting adoption applicants in carrying out procedures for their entry, exit, travel, residence and interpretation while they are in Vietnam.
Besides, foreign child adoption offices are obliged to urge adoptive parents to send timely reports on development of adopted Vietnamese children overseas within three years after their adoption.
They may render supports in finding surrogate families for children with disabilities or infected with HIV or another dangerous disease. They may also rent working offices and employ Vietnamese staffs.
The fulfillment of the reporting obligation is considered as an important condition for extension of licenses for establishment of foreign child adoption offices.
This Circular will take effect on January 5, 2012, and replaces Decision No. 09/2006/QD-BTP of November 30, 2006.
Also regarding the field of child adoption, the Minister of Justice on December 12 issued Decision No. 4425/QD-BTP, which replaces Decision No. 1875/QD-BTP of August 5, 2009, promulgating 14 new administrative procedures in the field of child adoption.
Accordingly, at the central level, there will be seven new procedures concerning child adoption, including registration of child adoptions involving foreign elements whereby names of to-be-adoptive parents are stated or not; grant, extension and modification of operation licenses for foreign child adoption organizations; adoption of foreign children and registration of child adoption by Vietnamese citizens with overseas Vietnamese representative missions.
The provincial-level management will see three new procedures, including re-registration of child adoptions involving foreign elements, taking of notes of child adoptions already registered with competent foreign authorities, and the child adoption by foreigners permanently residing in Vietnam.