Circular No. 11/2021/TT-BTP dated December 28, 2021 on amendments to Circular No. 21/2011/TT-BTP on the management of foreign adoption offices in vietnam

CIRCULAR

AMENDMENTS TO CIRCULAR NO. 21/2011/TT-BTP DATED NOVEMBER 21, 2011 OF THE MINISTER OF JUSTICE ON THE MANAGEMENT OF FOREIGN ADOPTION OFFICES IN VIETNAM

Pursuant to the Law on Adoption dated June 17, 2010;

Pursuant to Decree No. 19/2011/ND-CP dated March 21, 2011 of the Government on providing in detail for implementation of a number of articles of the Law on Adoption; Decree No. 24/2019/ND-CP dated March 5, 2019 of the Government on Amendments to Decree No. 19/2011/ND-CP dated March 21, 2011 of the Government on providing in detail for implementation of a number of articles of the Law on Adoption;

Pursuant to Decree No. 96/2017/ND-CP dated August 16, 2017 of the Government on functions, duties, entitlements, and organizational structure of the Ministry of Justice;

At the request of the Director of the Department of Adoption;

The Minister of Justice promulgates the Circular on Amendments to Circular No. 21/2011/TT-BTP dated November 21, 2011 of the Minister of Justice on the management of foreign adoption offices in Vietnam.

Article 1. Amendments to Circular No. 21/2011/TT-BTP dated November 21, 2011 of the Minister of Justice on the management of foreign adoption offices in Vietnam

1. Amendments to Points d, dd Clause 1 Article 6; Point m Clause 1, Clause 3 Article 6 is added as follows:

“d) Sending photos, reports on the child, full information, and detailed health documents of the child settled for foreign adoption to the adopting person or the competent foreign agency after obtaining written permissions of the Department of Adoption;

dd) Providing Support for additional or intensive physical examination, medical examination, treatment, and care for the child settled for foreign adoption according to the request of the adopting person; providing support of psychological preparation, language for the child settled for foreign adoption;

m) Requesting for the certificate of adoption in accordance with regulations prescribed in Article 38 of the Law on Adoption.

3. If a foreign adoption organization has its license in Vietnam revoked in accordance with regulations prescribed in Clause 3 Article 43 of the Law on Adoption, the Department of Adoption shall discuss measures to assist in the completion of documents sent to the Ministry of Justice with the competent foreign agency.”.

2. Amendments to Clause 2 Article 9 are as follows:

“2. Based on reports of adoptive parents, foreign adoption offices shall send the Department of Adoption reports on development of Vietnamese children adopted overseas in accordance with regulations prescribed in Point g Clause 2 Article 43 of the Law on Adoption.”.

3. Amendments to Clause 1 Article 10; Clause 3 Article 10 is added as follows:

“1. Foreign adoption offices are responsible for sending the 6-month report and annual report to the Department of Adoption on their performance of operation according to the report on the performance of operations of foreign adoption offices in Vietnam form promulgated with Circular No. 10/2020/TT-BTP dated December 28, 2020 of the Minister of Justice on guidelines for recording, using, managing, and storing notebooks, paper forms, and adoption documents.

3. Foreign adoption offices shall send written reports or digital reports in the form of pdf files in accordance with regulations prescribed in Clause 1 of this Article.

4. Article 10a is added after Article 10 as follows:

 “Article 10a. Make, manage, use, and preserve notebooks, forms

1. A foreign adoption office in Vietnam shall make, manage, and use types of notebooks, forms.

2. The head of the foreign adoption office in Vietnam shall use, manage types of notebooks, forms; preserve documents arising during the operation; annually make statistics and archival records; conduct technical measures to protect, preserve the archive and ensure the use of it.”.

5. Point g Clause 1 Article 12 is added as follows:

“g) The performance of the making, managing, and using notebooks and forms.”.

Article 2. Replace, annul a number of phrases, points, and articles of Circular No. 21/2011/TT-BTP dated November 21, 2011 of the Minister of Justice on the management of foreign adoption offices in Vietnam

1.Replace the phrase “được giới thiệu” (introduced) in Point e and “đã được giới thiệu làm con nuôi” (introduced for adoption) in Point i Clause 1 Article 6 with “được giải quyết cho làm con nuôi nước ngoài” (settled for foreign adoption).

2. Replace the “.” at the end of the sentence in Point 1 Clause 1 Article 6 and Point e Clause 1 Article 12 with ";".

3. Annul the phrase “Hạn báo cáo được tính như sau:” in Clause 1 Article 9.

4. Annul Points a, b Clause 1 Article 9.

5. Annul the phrase “gửi Tổng hợp” in Clause 3 Article 9.

6. Annul Article 7.

Article 3. Implementation provisions

This Circular comes into force as of February 11, 2022.