On January 8, 2025, Decree No. 06/2025/ND-CP officially came into effect, amending and supplementing certain provisions of decrees related to adoption. Below are the key new points:
1. Amendment to the Validity Period of the Criminal Record Certificate
The Criminal Record Certificate issued by a competent foreign authority is now valid for 12 months (previously 6 months) from the date of submission to the competent authority in the following cases:
- The adoptive parent is a Vietnamese citizen residing abroad or a foreigner permanently residing abroad.
- The adoptive parent is a foreigner residing in a border area of a neighboring country and adopting a Vietnamese child residing in a Vietnamese border area.
- The prospective head of a foreign adoption office in Vietnam.
2. Invalidity of Altered or Forged Documents
Documents in the adoption application, the adoptee’s file, or applications for issuance, extension, or amendment of a foreign adoption organization's operating license in Vietnam that have been altered, forged, or contain false information will be deemed invalid. Those who commit such acts will be subject to legal sanctions.
3. Amendment to the Review Process for Finding an Adoptive Parent
- The Commune-level People's Committee will conduct adoption needs assessments every six months (instead of monthly).
- If no domestic adoptive parent is found, the Commune-level People's Committee will forward the child's file to the Department of Justice for further processing.
- For children in care facilities, the facility is responsible for preparing the child's file and obtaining approval from the Department of Labor, War Invalids, and Social Affairs or the District-level People's Committee before submitting it to the Department of Justice.
- The reduction in review frequency helps reduce administrative workload while ensuring effective adoptive parent searches.
4. Additional Requirement to Notify About an Adopted Child’s Development When Changing Permanent Residence
If adoptive parents change their permanent residence within three years from the adoption date, they must continue to report the child’s development (including health, physical and mental well-being, and integration into the family and community) to the Commune-level People’s Committee at the new location.
5. Authorization to Submit Adoption Applications to Any Resident in Vietnam
Previously, designated adoptive parents could only authorize relatives residing in Vietnam to submit applications. The new decree allows authorization to any individual residing in Vietnam for submission in the following cases:
- Stepfathers, stepmothers, uncles, aunts, or grandparents adopting their biological relatives.
- Individuals adopting a child whose sibling is already their adopted child.
- Foreigners who have been working or studying in Vietnam for at least one year.
Decree No. 06/2025/ND-CP introduces these adjustments to enhance administrative efficiency, simplify procedures, and facilitate the adoption process while ensuring transparency and strict adherence to regulations.
