Order of procedure

- The applicant submits the application dossier for the adoption to the People's Committee of the relevant competent district.

- The civil status officer (referred to the receiver) immediately checks all the application dossier by verifying the information in the declaration forms and reviewing the validity of the papers or documents in the application dossier.

- If the application dossier is completed and eligible, the receiver shall write a receipt form which should clearly state the date and time for returning the result; if the application dossier is not completed, the receiver shall have to guide the applicant to supplement the documents to complete the dossier as regulated; in case it is impossible to supplement and complete the dossier right away, the applicant should be provided with the guidelines in a written form that clearly states the type of papers, documents or the contents needed to be supplemented with full name and signature of the receiver.

- If the application dossier for the adoption has not been supplemented or completed after being guided as regulated, the public official shall refuse such dossier. The refusal of the application dossier for death certificate shall be written in text, clearly stating the reasons for the refusal with full name of the receiver

- Within 15 days after receiving the completed and valid application dossier, civil status officer shall verify and post up the adoption of father, mother, child at the headquarters of the district-level People's Committee for 7consecutive days. At the same time, a written request shall be sent to the commune-level People's Committees of the places of residence of the adopted to be posted for 7 consecutive days at the office of the commune-level People's Committees.

- If the adoption of father, mother and/or child is true and there are no disputes, the Justice Division shall report them to the Chairman of the district-level People's Committees. If the Chairman of the People's Committee agrees to process the application, he/she shall sign an excerpt of the application for the adoption of father, mother and/or child and give it to the applicant.

- When applying for the adoption, all the parties are required to be present, then the civil status officer shall insert and keep the records of the adoption in the Application Book for the Adoption together with the signatories of all the parties.

* Notes:

+ In case the applicant submits a paper which is a copy issued from the original book or certified copy of the original, the civil status officer shall not require the applicant to show the originals; if the applicant submits only the copies with the present of the originals, the civil status officer shall compare the copies to the originals and then sign the copies to confirm the comparison of the contents of both types of documents without asking the applicant for the certified copies of such documents.

 + If it is required to present the papers by law when applying for civil status, the civil status officer shall have to check the papers, compare them with the information in the declaration forms and return them to the applicant without asking the applicant for submitting a copy of such documents. The civil status officer may take one copy of the presented documents or write down the information of the submitted paper for filing.

+ Papers issued, notarized or certified by foreign competent agencies for the use in civil status registration in Viet Nam must have apostille certification, except for cases from countries which have signed the international Apostille Convention with Viet Nam as a member; the documents in a foreign language must be provided with a notarized or certified Vietnamese translation as prescribed by law.

+ The civil status officer should fully accept the eligible and completed application dossier according to the provisions of the law without requiring the applicant to submit any other types of documents that are not included in the regulations on the required documents.  

How to apply:

- The applicant for the adoption of father, mother, child (either one or two parties) directly submit the application dossier to the People’s Committee of the relevant district. 

Dossier components:

* Documents to be presented

- Passport or identity card or other type of valid papers affixed with photos and personal information issued by the competent agencies to prove the identification of Vietnamese citizens;

- Documents proving the residence to determine the competence/authority of the Adoption Application (during the time when the National Database on Population and the National E-Civil Status Database have not been completely built and implemented nationwide.

* Documents to be submitted

- The Adoption Application Form.

- Documents, objects (items) or other evidences that could prove the father-child relationship or mother-child relationship, including:

+ The documents issued by medical agencies, inspection ageny or other competen bodies that have the authority of certifying the father-child relationship, mother-child relationship.

+ In case of the absence of the above-mentioned documents, there must be letters, films, tapes, discs, other objects or items that prove the father-child and mother-child relationship and also the parents’ written commitment clearly stating that such children are their common children with at least two relatives as the witness(es).

- If it is the application for the adoption between Vietnamese citizens and foreigners or between the foreigners, the foreigner shall be required to submit copies of passports/valid papers in lieu of a passport or to present the original passports/valid papers in lieu of a passport in case of submission in person.

Number of dossiers: 01 set (of dossier)

Processing time: 15 working days.

Applicant of the administrative procedures: Individual.

Competent governmental agencies:

The district-level People's Committee at the place of residence of the adopted father, mother or child shall apply for the adoption of father, mother and/or child between Vietnamese citizens and foreigners; between Vietnamese citizens residing in Viet  Nam and Vietnamese citizens residing overseas; between Vietnamese citizens residing overseas; between a Vietnamese citizen who simultaneously holds a foreign nationality and a Vietnamese citizen or a foreigner; between foreigners with either one or both parties permanently residing in Viet Nam.

Agencies implementing the administrative procedures:

The district-level Justice Division shall receive the application dossier and process to ask the Chairman of the district-level People's Committees for the consideration and decision.

Coordinating agencies:

The commune-level People's Committee at the place of residence of the adopted father, mother or child.

Results of the applied administrative procedure: Certificate of Adoption

Fees:  VND1,500,000

Exemption of fees of the application for civil status registration for the members of families with meritorious services to the revolution; members of the poor households; people with disabilities.

(Clause No.2 of the Article No.1 in the Decision No.123/2016/QĐ-UBND dated 20 December 2016 by Lao Cai provincial People’s Committee)

Samples of Declaration forms: Adoption Application Form.

Requirements, conditions for the implementation of administrative procedure:

- The adopters and the adoptees are still alive.

- There are no disputes for the adoption.

Legal bases:

- Marriage and Family Law in 2014;

- Civil Status Law in 2014;

- Decree No.123/2015/NĐ-CP dated 15 November 2015 by the Government regulating  a number of articles and measures for the implementation of the Civil Status Law;

- Circular No.15/2015/TT-BTP dated 16 November 2015 by the Ministry of Justice guiding the implementation of a number of articles in the Civil Status Law and the Decree No.123/2015/NĐ-CP dated 15 November 2015 by the Government regulating  a number of articles and measures for the implementation of the Civil Status Law;

- Decision No.123/2016/QĐ-UBND dated 20 December 2016 by Lao cai provincial People’s Committee  regulating the rates (fees) of civil status registration  and its management and use in Lao Cai province.