Thông tư 01/2025/TT-BTP sửa đổi Thông tư 21/2011/TT-BTP về quản lý Văn phòng con nuôi nước ngoài tại Việt Nam đã được sửa đổi theo Thông tư 11/2021/TT-BTP do Bộ trưởng Bộ Tư pháp ban hành

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 THAT HAS AMENDED BY CIRCULAR NO. 11/2021/TT-BTP DATED DECEMBER 28, 2021 OF THE MINISTER OF JUSTICE

Pursuant to the Law on Adoption dated June 17, 201;

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; Decree No. 06/2025/ND-CP dated January 08, 2025 of the Government on amendments to the Decrees on adoption;

Pursuant to Decree No. 98/2022/ND-CP dated November 29, 2022 of the Government on functions, tasks, powers and organizational structure of the Ministry of Justice;

At the request of the Director of Department of Child 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 that has amended by Circular No. 11/2021/TT-BTP dated December 28, 2021 of the Minister of Justice.

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 that has amended by Circular No. 11/2021/TT-BTP dated December 28, 2021 of the Minister of Justice

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"1. Pursuant to Article 37 of Decree No. 19/2011/ND-CP , based on the number and needs of Vietnamese children wishing to seek overseas substitute families, conditions and capacity of foreign adoption organizations operating in Vietnam, after consultation with the Central Authority for Intercountry Adoption of the relevant foreign country, the Department of Adoption shall take charge and cooperate with Ministry of Foreign Affairs and the Ministry of Public Security to decide on the number of licensed adoption organizations operating in Vietnam (hereinafter referred to as “foreign adoption organizations”).”

2. Amendments to Article 3 of Circular No. 21/2011/TT-BTP are as follows:

“Article 3. Participation in intercountry adoption process

Foreign adoption offices may participate in intercountry adoption process for Vietnamese children to be adopted overseas as prescribed by laws on adoption.”

3. Amendments to Clause 2 Article 4 of Circular No. 21/2011/TT-BTP are as follows: 2. The application for issuance, extension, or revision of the operating license for intercountry adoption in Vietnam must be legalized according to Article 30 of the Law on Adoption, prepared in two sets and translated into Vietnamese. Vietnamese translations must be certified for the translator's signature in accordance with Vietnamese laws.”

4. Amendments to point a Clause 1 Article 5 of Circular No. 21/2011/TT-BTP are as follows:

a) Upon receiving the Ministry of Public Security’s response according to the provisions of Clause 2 Article 33, Clause 4 Article 34 of Decree No. 19/2011/ND-CP and Clause 2 Article 35 of Decree No. 19/2011/ND-CP that has amended by Circular No. 11/2021/TT-BTP dated December 28, 2021 of the Government on amendments to the Decrees on adoption, the Minister of Justice shall consider and decide whether to issue, extend, or revise the operating license for intercountry adoption in Vietnam for the foreign adoption organization.”

5. Amendments to Clause 3 Article 6 of Circular No. 21/2011/TT-BTP , which has amended in Clause 1 Article 1 of Circular No. 11/2021/TT-BTP , are as follows:

"3. In cases where a foreign adoption organization has its operating license for intercountry adoption in Vietnam revoked in accordance with Clause 1, Article 36 of Decree No. 19/2011/ND-CP , the Ministry of Justice shall discuss with the relevant Central Authority for Intercountry Adoption about:

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b) Measures to continue to discharge the responsibility of notification of the development of adopted children in accordance with Clause 2, Article 43 of the Law on Adoption.”

6. Amendments to Clause 1 Article 10 of Circular No. 21/2011/TT-BTP , which has amended in Clause 3 Article 1 of Circular No. 11/2021/TT-BTP , are as follows:

“1. Foreign adoption offices are responsible for submitting the 6-month report and annual report on their activities in Vietnam to the Ministry of Justice.”

7. Amendments to Clause 1 Article 11 of Circular No. 21/2011/TT-BTP are as follows:

“1. The Ministry of Justice shall manage and inspect activities of the foreign adoption office in Vietnam.”

8. Amendments to Clause 4 Article 13 of Circular No. 21/2011/TT-BTP are as follows:

“4. Within 30 days after the inspection is completed, the Ministry of Justice shall notify the inspection results to the foreign adoption office in Vietnam and relevant foreign adoption organizations.”

9. Amendments to Clause 1 Article 15 of Circular No. 21/2011/TT-BTP are as follows:

“1. Foreign adoption offices, heads of foreign adoption offices in Vietnam that strictly comply with this Circular and other relevant regulations, have excellent achievements in finding adoptive parents for disadvantaged children and children having dangerous and fatal diseases in Vietnam shall receive commendations. Commendation policies shall be implemented in accordance with current regulations.”

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“Article 18. Implementation

1. The Ministry of Justice shall implement this Circular and cooperate with Ministry of Foreign Affairs and the Ministry of Public Security to manage foreign adoption offices in Vietnam.

2. If there are difficulties that arise during the implementation of this Circular, relevant authorities shall provide information to the Ministry of Justice for guidance./.”

Article 2. Replace a number of phrases of Circular No. 21/2011/TT-BTP on Amendments to Circular No. 11/2021/TT-BTP

1. Replace the phrase "Department of Adoption" with "Ministry of Justice" in points b, c, and e Clause 1 Article 6 and Clauses 1 and 2 Article 8, Clause 4 Article 9, Clause 2 Article 13 of Circular No. 21/2011/TT-BTP .

2. Replace the phrase "Department of Adoption" with "Ministry of Justice" in: Point d, Clause 1, Article 6 of Circular No. 21/2011/TT-BTP that has amended by Circular No. 11/2021/TT-BTP dated December 28, 2021; Clause 2, Article 9 of Circular No. 21/2011/TT-BTP that has amended in Clause 2, Article 1 of Circular No. 11/2021/TT-BTP ; Clause 3, Article 9 of Circular No. 21/2011/TT-BTP that has amended in Clause 5, Article 2 of Circular No. 11/2021/TT-BTP .

Article 3. Implementation

This Circular shall come into force from April 08, 2025.

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