Procedure: Registration for child adoption with foreign elements

24/12/2015

Implementation order

 

-  A parent or child recognition dossier shall be submitted directly at the Vinh Phuc provincial Justice Department

- The officer receiving a dossier shall check papers in that dossier and, if the dossier is complete and valid, write a dossier receipt which specifies the dates of interview and result notification. If the dossier is incomplete or invalid, this officer shall guide to supplement and complete the dossier. This guidance shall be made in writing, specifying all papers to be supplemented and completed, and must contain the signature and full name of the dossier-receiving officer and be given to the applicant. Date of processing shall be counted since the date of receiving complete and valid dossier and fee.

In case a person submits a dossier to an improper agency, the dossier-receiving officer shall guide the former in submitting the dossier to a competent agency

- After receiving a complete and valid dossier and a fee, the  provincial Justice Department shall study and appraise the dossier, post up the parent or child recognition at its office for 7 working days and concurrently request in writing the commune-level People’s Committee of the locality where the recognized parent or child permanently resides to post up such recognition.

- After receiving the  provincial Justice Department’s written request, the commune- level People’s Committee shall post up the parent or child recognition at its office for 7 working days. If there is a complaint or denunciation about such recognition, the commune-level People’s Committee shall promptly send a report thereon to the  provincial Justice Department.

 The document on parent and child recognition posted by the commune-level People’s Committee’s or provincial-level Justice Department must contain the following information: full names, gender, birth dates, places of residence, numbers of identity cards or passports of the recognizing and recognized parties; and the time limit set for conferring the decision recognizing the parent and child recognition at the provincial-level Justice Department.

Study and appraise the parent or child recognition dossier; and conduct verification in case there is any doubt or a complaint or denunciation about the parent or child recognition or when clarification of the personal identification details of the involved parties or papers in the dossier is needed;

 If a dispute over the parent and child recognition arises in the course of settling a dossier, the provincial-level Justice Department shall suspend the dossier settlement and guide the person in dispute and the recognizing or recognized parent or child in requesting a competent court to settle the dispute according to legal proceedings.

. If a complaint or denunciation about the parent and child recognition is lodged in the course of settling a dossier, the provincial-level Justice Department shall suspend the dossier settlement until the result of complaint or denunciation settlement is available.

In case of refusing parent or child recognition, the  provincial Justice Department shall send a notice clearly stating the reason to the applicant.

- Within 5 working days after the provincial Justice Department director signs a decision to recognize the parent or child recognition, unless otherwise requested by the involved parties for a plausible reason, the  provincial Justice Department shall record in the parent and child recognition registration book and hand over the decision to recognize the parent or child recognition to the involved parties. The recognizer and recognize must be present to receive the decision.

+ In case the recognizing or recognized party or both parties cannot be present for a plausible reason to receive the decision on parent and child recognition on the date set by the provincial-level Justice Department, they shall send to the provincial-level Justice Department a written request for change of such date, clearly stating the reason for their absence.

A child under 9 is not required to be present to receive the decision on parent and child recognition

Implementation methods

 A parent or child recognition dossier shall be submitted directly at the Vinh Phuc provincial Justice Department

Documents

-  Declaration for parent or child recognition registration, made according to a prescribed form (Form TP/HTNNg-2010-TKCMC.1);

-  A copy of one of the personal identification papers such as identity card or passport (for resident Vietnamese citizens), passport or substitute paper such as laissez-passer or residence card (for foreigners and Vietnamese citizens residing abroad);

- A copy of the birth certificate of the recognized child, for child recognition; or of the recognizing child, for parent recognition;

- Papers or other evidences proving the parent-child relation;

- A copy of the residence registration book or temporary residence book (for resident Vietnamese citizens), copy of the temporary residence card (for resident foreigners in Vietnam) of the recognized parent or child.

- For a request for parent and child recognition in which the child’s birth has not been registered, the provincial-level Justice Department shall combine the settlement of parent and child recognition with the child’s birth registration as follows:

+ If the provincial-level Justice Department is competent to settle birth registration, it shall combine the settlement of parent and child recognition with birth registration. The birth certification or a substitute paper and the birth registration declaration may replace the birth certificate in the registration dossier of parent and child recognition.

+ If the commune-level People’s Committee is competent to settle birth registration, the provincial-level Justice Department shall settle parent and child recognition first. The birth certification or a substitute paper and the birth registration declaration may replace the birth certificate in the registration dossier of parent and child recognition.

After settling the parent and child recognition, the provincial-level Justice Department shall send a notice together with a copy of the decision recognizing the parent and child recognition, the birth certification or a substitute paper and the birth registration declaration to the competent commune-level People’s Committee for registration of the child’s birth.

Number of dossiers: 1 set

Time limit for settlement of marriage registration

The time limit for the settlement of parent or child recognition is 25 days from the date the  provincial Justice Department or representative mission receives a complete and valid dossier and a fee. In case verification is needed, the above time limit may be extended for another 10 working days at most.

Implementing agencies

Authority making decision for marriage: Department of Justice –  province

Authority for administration procedure: Department of Justice –  province

Objects implementing administrative procedures

personnel

Names of application forms, declaration forms

Form: Registration application for recognition of father, mother or children (Form: TP/HTNNg-2010-CMC.1)

 

Fee

VND1,500,000

Results of implementation of administrative procedures

Decision of parent or child recognition

Requests, conditions for implementation of administrative procedures

- Both of recognition shall be made only when both parties are alive at the time of dossier submission and the parent or child recognition is voluntary and dispute-free;

- Recognition of a child who is a minor shall be agreed by his/her mother or father except when the mother or father has died, is missing or has lost her/his civil act capacity. Recognition of a child who is full 9 years old or older is subject to his/her consent.

Recognition of a parent of an adult child is not subject to the consent of the other parent.

- For recognition of a parent of a minor child, the other parent of this child shall carry out the procedures for him/her. For recognition of a parent of a minor child whose other parent has died, is missing or has lost her/his civil act capacity, the guardian of this child shall carry out parent recognition procedures for him/her.

Legal foundation

- Government’s decree No.: 126/2014/ND-CP issued 31st December 2014, detailing a number of articles and measures for implementation of the Law on Marriage and Family;

- Circular No.: 02a./2015/TT-BTP guiding a number of articles of the Government’s decree No.: 126/2014/ND-CP issued 31st December 2014, detailing a number of articles and measures for implementation of the Law on Marriage and Family regarding foreign-involved marriage and family relations.

- Circular 09b/2013/TT-BTP dated 20th May 2013 by Ministry of Justice amends some article of the Circular 08.a/2010/TT-BTP dated 25th March 2010 by Ministry of Justice on promulgating and guiding the records, saving, and using book, form for household and Circular No.: 05/2012/TT-BTC dated 23rd may 2012 by Ministry of Justice amends some articles of the Circular 08.a/2010/TT-BTP

- Circular No.: 01/2008/TT-BTP dated 2nd June 2008 by Ministry of Justice guiding execution of some articles of Decree No.: 158/2005/ND-CP dated 27th December 2005 by the Government on registration and management of household.

- Circular 08.a/2010/TT-BTP dated 25th March 2010 by Ministry of Justice on promulgating and guiding the records, saving, and using book, form for household

- Circular No.: 236/2009/TT-BTC dated 15th December 2009 by Ministry of Finance on collecting, paying, managing, and using fee and charge at Vietnam missions in overseas and Vietnam consulate authorities in overseas.

- Circular No.: 189/2012/TT-BTC dated 9th November 2012 by Ministry of Finance amends some articles of - Circular No.: 236/2009/TT-BTC dated 15th December 2009 by Ministry of Finance on collecting, paying, managing, and using fee and charge at Vietnam missions in overseas and Vietnam consulate authorities in overseas.

- Circular No.: 02/2014/TT-BTC dated 2nd January 2014 by Ministry of Finance guiding on fee and charges under authority by the People’s Council at provincial level and Municipality

+ Resolution No.: 158/2014/NQ-HDND dated 22nd December 2014 by the People’s Council of Vinh Phuc province regulates collection, managing, using fee, charge under the authority of Provincial People’s Council.

* Source: Decision No.: 3318/QD-UBND dated 19th November 2015 by Chairman of PPC declares procedure list in administration and Justice under the authority by the Department of Justice – Vinh Phuc province 

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