Vietnam: Portion of Law Governing Special Needs Adoptions Released

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*****

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