10/14/08
Joint Council has released a portion of the Vietnamese law governing Special Needs Adoptions. The decree in its entirety can be found here.
ON JULY 21, 2006, DECREE NO. 69/2006/ND-CP, AMENDING DECREE NO.
68/2002/ND-CP, WAS PASSED INTO LAW. PARAGRAPH 8 – TO AMEND AND
SUPPLEMENT ARITCE 35 AS FOLLOWS:
PARAGRAP 3: FOREIGNERS PERMANENTLY RESIDING
OVERSEAS AND APPLYING FOR ADOPTION OF VIETNAMESE CHILDREN BUT THE
COUNTRIES WHERE THEY PERMANENTLY RESIDE AND VIETNAM HAVE
NOT YET BEEN CONTRACTING STATES TO A BILATERAL OR MULTILATERAL
INTERNATIONAL AGREEMENT ON CHILD ADOPTION COOPERATION, MAY ALSO BE
CONSIDERED FOR SETTLEMENT IF THEY FALL INTO ONE OF THE
FOLLOWING CASES:
a) HAVING WORKED OR STUDIED IN VIETNAM FOR 6 MONTHS OR MORE;
b) THEIR WIVES, HUSBANDS, OR FATHERS OR MOTHERS BEING VIETNAMESE
CITIZENS OR OF VIETNAMESE ORIGIN;
c) BEING NEXT-OF-KIN OR RELATIVES OF THE TO-BE-ADOPTED CHILDREN OR
THEIR CURRENTLY ADOPTED CHILDREN BEING BLOOD SIBLINGS OF THE
TO-BE-ADOPTED ONES;
d) *********FOREIGNERS FALLING INTO CASES OTHER THAN THOSE
MENTIONED AT POINTS A, B, AND C OF THIS CLAUSE
BUT APPLYING FOR ADOPTION OF HANDICAPPED OR DISABLED CHILDREN, CHILDREN
HAVING LOST THEIR CIVIL ACT CAPACITY, CHILDREN BEING VICTIMS OF TOXIC
CHEMICALS OR AFFECTED BY HIV/AIDS OR INFECTED
WITH OTHER DANGEROUS DISEASES, WHO ARE LIVING IN LAWFULLY SET UP
NURTURING ESTABLISHMENTS, OR CHILDREN DEFINED IN CLAUSE 3, ARTICLE 36 OF
THIS DECREE SHALL ALSO BE CONSIDERED FOR HANDLING;**********
e) OTHER CASES AS DECIDED BY THE MINISTER OF JUSTICE*****
