September 27, 2011
The Memorandum of Agreement (MOA) on Adoptions between the United States and Vietnam expired on September 1, 2008. Intercountry adoption from Vietnam to the U.S. is not possible at this time, including exceptional cases.
Vietnam Adoption Reform
Vietnam has made immense progress on adoption reform over the last 2 years. In June 2010, the National Assembly of Vietnam passed a new adoption law which took effect on January 1, 2011. The Vietnamese Prime Minister subsequently signed the new adoption decree on March 21 and it took effect on May 8. The Ministry of Justice issued Circular 12/2011/TT-BTP on Promulgation and Usage of Adoption Forms on June 27, 2011 and plans to introduce a new Circular on Management of foreign Adoption Service Providers in the near future.
Currently, Vietnam continues their efforts to implement the new law and achieve Vietnam’s stated goal of ratifying the Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (the Hague Adoption Convention).
Vietnam signed the Hague Adoption Convention on December 7, 2010 and is in the process of depositing its ratification instrument. It is expected that the Convention would enter into force (and Vietnam would become a party) in the near future. Under U.S. law, if/when Vietnam becomes a party to the Convention, the United States Central Authority (USCA) must evaluate whether procedures leading to the adoption of a child in Vietnam conform to the standards established by the Convention and the U.S. Intercountry Adoption Act (IAA). At this time it is not possible to estimate when adoptions between the United States and Vietnam may resume.
Updated information will be provided on www.adoption.state.gov as it becomes available.