Adopting a Foreign Child from a Vietnamese Institution

The procedure for adopting a foreign child from a Vietnamese institution is a critical regulation that ensures the rights of the child and creates a transparent legal basis for intercountry adoption. This article will detail the current legal provisions on this matter.

Conditions for the Procedure

The conditions for adoptive parents are specified in Article 14 of the 2010 Law on Adoption.

An adoptive parent must meet all the following conditions:

• Have full civil act capacity.
• Be at least 20 years older than the adopted child.
• Have health, financial, and housing conditions that ensure the care, nurturing, and education of the adopted child.
• Have good moral qualities.

The following persons are not permitted to adopt a child:

• Are currently subject to restrictions on some parental rights for a minor child.
• Are serving an administrative sanction at an educational or medical institution.
• Are serving a prison sentence.
• Have an unexpunged criminal record for intentionally infringing upon the life, health, dignity, or honor of others; mistreating or torturing grandparents, parents, spouses, children, grandchildren, or caregivers; enticing, forcing, or harboring minors in illegal activities; or trafficking, swapping, or abducting children.

Additionally, adoptive parents in an intercountry adoption must meet the conditions specified in Article 29 of the 2010 Law on Adoption:

• Overseas Vietnamese or foreigners permanently residing abroad who adopt a Vietnamese person must meet the legal requirements of their country of permanent residence.
• Vietnamese citizens who adopt a foreign person must meet the legal requirements of the country where the adoptee permanently resides.

The person to be adopted must fall under the cases specified in Article 8 of the 2010 Law on Adoption, including:

• Children under 16 years of age.
• Individuals aged 16 to under 18 if adopted by a stepparent or a biological aunt, uncle, or grandparent.
• The State encourages the adoption of orphans, abandoned children, and other children with special circumstances.

Competent Authority

According to Clause 1, Article 23 of Decree 121/2025/ND-CP, which regulates the division of state management in the justice sector, the certification of a domestic Vietnamese citizen’s eligibility to adopt a foreign child falls under the jurisdiction of the Department of Justice – Provincial People’s Committee.

Dossier Composition and Submission Method

The dossier composition and submission method for certifying a domestic Vietnamese citizen’s eligibility to adopt a foreign child are specified in Sub-item 1, Appendix V of Decree 121/2025/ND-CP.

A Vietnamese citizen wishing to adopt a foreign child must prepare one set of the dossier and submit it in person, via postal service to the Department of Justice where the citizen resides, or online through the National Public Service Portal.

The dossier includes:

• An application for adoption.
• A copy or electronic copy of a Passport, ID card, Citizen Identity Card, or equivalent document.
• The original or a certified copy or electronic copy of a document confirming marital status.
• The original or electronic copy of a health certificate issued by a general hospital, polyclinic, or regional medical center.
• The original or a certified copy or electronic copy of a document confirming family circumstances, housing status, and economic conditions, issued by the Commune-level People’s Committee where the adoptive parent resides, unless otherwise specified.

>>> See more at:

• Foreign Element Guardianship Registration
• APPLICATION FOR ADOPTION

Procedure for Adopting a Foreign Child from a Vietnamese Institution

The procedure for adopting a foreign child from an institution is specified as follows:

Procedure for Registering the Adoption

The procedure is regulated in Article 10 of Decree 19/2011/ND-CP (amended by Decree 24/2019/ND-CP and Decree 06/2025/ND-CP).

Within 05 working days from the end of the period for changing opinions, the Commune-level People’s Committee will register the adoption and organize the handover of the child. The handover ceremony is held at the headquarters of the Commune-level People’s Committee with the presence of the adoptive parents, biological parents, guardian or representative of the care facility, and the adoptee. If one of the adoptive or biological parents cannot be present for objective reasons, they must authorize the other.

The Civil Status and Justice Officer records the adoption in the Adoption Register and issues the Domestic Adoption Certificate to the parties. An electronic version is sent to the individual’s electronic data management repository or personal email. A written record of the handover must be made, signed, or fingerprinted by all parties and the representative of the Commune-level People’s Committee.

Procedure for Certifying a Vietnamese Citizen’s Eligibility to Adopt a Foreign Child

The procedure is regulated in Sub-item 2, Appendix V of Decree 121/2025/ND-CP.

Within 15 working days of receiving a complete and valid dossier, the Department of Justice will review it and submit it to the Chairman of the Provincial People’s Committee to issue a certificate confirming the applicant’s eligibility to adopt under Vietnamese law. During this review, the agency must request judicial record information from the judicial records management agency, which must provide the information within 03 working days. This coordination time is not included in the administrative procedure’s processing time.

Fees and Charges

Adoption registration fees are regulated by Decree 114/2016/ND-CP dated July 8, 2016. The fee schedule is as follows:

• Domestic adoption registration fee: 400,000 VND/case.
• Fee for overseas Vietnamese or foreigners permanently residing abroad adopting a Vietnamese citizen: 9,000,000 VND/case.
• Fee for foreigners permanently residing in Vietnam adopting a Vietnamese citizen: 4,500,000 VND/case.
• Fee for foreigners residing in a neighboring country’s border area adopting a Vietnamese child residing in Vietnam’s border area: 4,500,000 VND/case.

>>> See more at: Consulting on Adoption with Foreign Elements

Consulting and Authorization Services at Long Phan Consulting Company

Long Phan Consulting Company provides comprehensive services for the procedure of adopting a foreign child from an institution. Our services include:

• Detailed consultation on the conditions for adoption.
• Advice on the dossier composition and procedure.
• Guidance on the implementation process.
• Verification of the legality of all documents submitted to the competent authority.
• Drafting and preparing all necessary documents.
• Acting as an authorized representative to submit the dossier and monitor the process.
• Receiving and delivering the results, and explaining the contents to the client.

Frequently Asked Questions (FAQ)

What is meant by intercountry adoption?

Intercountry adoption is an adoption between a Vietnamese citizen and a foreigner, between foreigners who are permanent residents in Vietnam, or between Vietnamese citizens where one party resides abroad. Legal basis: Clause 5, Article 3 of the 2010 Law on Adoption.

What is a care facility?

A care facility is a social protection center, child support center, or other institution established under Vietnamese law to nurture, care for, and educate children. Legal basis: Clause 10, Article 3 of the 2010 Law on Adoption.

Can a person be adopted by multiple people?

A person can only be adopted by a single person or by a married couple. Legal basis: Clause 3, Article 8 of the 2010 Law on Adoption.

What conditions apply when a stepparent adopts their spouse’s child?

A stepparent adopting their spouse’s child, or an aunt/uncle adopting a niece/nephew, must have full civil act capacity, good moral character, and not fall into the categories of persons prohibited from adopting. Legal basis: Clause 3, Article 14 of the 2010 Law on Adoption.

Where is a request to terminate an adoption resolved?

The competent People’s Court resolves requests to terminate an adoption in accordance with the law on civil procedure. Legal basis: Article 10 of the 2010 Law on Adoption.

Conclusion

The procedure for adopting a foreign child from an institution is strictly regulated by law to best protect the legal rights and interests of children and ensure fairness in intercountry adoption relationships. Adhering to these regulations not only facilitates the adoption process but also contributes to the humanitarian goal of providing children with care in a stable and healthy environment. For detailed consultation and assistance, please contact Long Phan Consulting Company at our hotline: 1900636389.