Children are always a top priority for both the State and society. However, the harsh reality is that not all parents cherish their children; some abandon them at birth, leaving them without family or shelter. To help these children, many individuals and organizations seek to establish adoption agencies, including foreign adoption organizations offering the children a chance at a better life.

However, adoption is a complicated issue, and its legal compliance is complex. Therefore, individuals and organizations should seek legal consultancy to ensure their applications are valid and effective. The below article by NPLaw provides clear guidance on how to obtain licenses for operation of foreign adoption organizations in Vietnam quickly and efficiently.

I. Is it legal for foreign adoption agencies to operate without licenses in Vietnam?

Pursuant to Article 2 of Circular 21/2011/TT-BTP, as amended by Circular 11/2021/TT-BTP, foreign adoption organizations must be licensed to operate in Vietnam. Their presence is recognized in the form of foreign adoption offices, which take full responsibility for their operations in Vietnam.

II. Conditions for licenses for operation of foreign adoption organizations in Vietnam

For the Head of the Foreign Adoption Office in Vietnam:

  • Being a Vietnamese or foreign national; if Vietnamese, such an entity must not be a government official or public employee under current regulations.
  • Having no criminal record, no administrative violations, and not be subject to exit or entry bans.
  • Holding a position of the Head at one foreign adoption office in Vietnam only.

For the Foreign Adoption Organization:

  • Being legally established in accordance with laws.
  • Being authorized to operate in international or Vietnam-specific adoption services.
  • Having at least three consecutive years of experience in international adoption activities.

III. Dossiers for licenses for operation of foreign adoption organizations in Vietnam

Preparing one complete set of documents, including:

  • Application form;
  • Charter, operational regulations, or establishment documents of the foreign adoption organization;
  • License issued by the competent authority in which the organization is established, authorizing the organization to operate in adoption services in Vietnam;
  • Activity reports for the past three consecutive years; if already operating in Vietnam, include a Vietnam-specific activity report signed and sealed by the head of the foreign adoption office;
  • Personal identification and professional qualifications of the proposed head of the office;
  • Other supporting documents as required.

IV. Procedures for licenses for operation of foreign adoption organizations in Vietnam

Follow these steps to obtain the License:

  • Submission of the application dossier to the Department of Adoption, Ministry of Justice.
  • Verification and assessment: The Department reviews and evaluates the dossier, interviews the proposed head of the foreign adoption office, and reports to the Minister of Justice within 60 days of receiving a complete application.
  • Security clearance: The Ministry of Public Security issues a written response to the Ministry of Justice within 30 days of receiving the request.
  • License issuance: The Minister of Justice issues the operating license within 5 working days of receiving the Ministry of Public Security’s response.

V. Questions on licenses for operation of foreign adoption organizations in Vietnam

5.1. Which authority issues the license?

The Department of Adoption, Ministry of Justice is the competent authority for issuing operating licenses to foreign adoption agencies in Vietnam.

5.2. How long does it take?

If the dossier is valid and complete, the timeline is as follows:

  • Department of Adoption reviews the dossier during 60 days;
  • Ministry of Public Security provides the written response during 30 days;
  • Minister of Justice makes a decision for issuing the License during 5 working days.

In total, a minimum of 95 working days is required. If the dossier requires amendment or supplementation, processing will take longer.

VI. NPLaw’s legal services for licenses for operation of foreign adoption organizations in Vietnam

The licensing process is complex and requires thorough legal knowledge and procedural expertise. By engaging a professional legal team, organizations can save time, minimize errors, and ensure a smooth process.

NPLaw provides:

  • Expert consultation for the Client’s needs;
  • Drafting, preparation, and review of application dossiers;
  • Representation and legal support throughout the licensing process;
  • Direct or remote consultations via phone or email.

With our commitment “Your benefits - Our priority”, NPLaw strives to be a trusted partner accompanying Clients toward success. The trust of our Clients is the foundation for our continued growth in the future.