Chỉ thị 19/CT-TTG

DIRECTIVE

ON RAISING AWARENESS OF THE LAW ON ADOPTION AND STRENGTHENING MEASURES TO ENSURE EXECUTION OF THE HAGUE CONVENTION NO.33 ON PROTECTION OF CHILDREN AND COOPERATION IN RESPECT OF INTERCOUNTRY ADOPTION

In passing years, law on adoption of Vietnam has been completed gradually. The Law on adoption was adopted by National Assembly on June 17, 2010. Vietnam became official member of the Hague Convention No.33 dated May 29, 1993, on protection of children and cooperation in respect of Intercountry adoption (hereinafter referred to as the Hague Convention). The Prime Minister approved Scheme on implementing the Hague Convention during 2012-2015 at the Decision No. 1233/QD-TTg dated September 07, 2012.

However, implementation of the Law on adoption and Hague Convention still remains some drawbacks. The registration of adoption does not attach special importance; there are still unserious cases in complying with the orders of and procedures for settlement of adoption as prescribed by law. Some localities are still late in settlement of adoption with foreign elements, affecting to rights and benefits of children who need find substitute family.

Main cause of the above situation is the limited awareness of some officers in charge of solving adoption case and of people about legal regulations on adoption and Hague convention. In many localities, officers in charge of solving adoption case have not yet had change in implementation of law on adoption. They have not yet timely provided guidance on implementation of provision on having separation between humanitarian assistance and introduction on children for being adopted by foreigners. Nurturing-children establishments are still late in making the list of children living in their establishments, who need have substitute family, making dossiers of children living in nurturing establishments, who are introduced to be adopted.

In order to overcome the above limitations, with the aim to raise awareness of law on adoption, contribute in ensuring execution of the Hague Convention, the Prime Minister request Ministers, chairpersons of People’s Committees of provinces and central-affiliated cities to organize implementation of the following tasks:

1. The Ministry of Justice:

a) To strengthen propagation, popularization of guidelines, policies, law on adoption and the Hague Convention.

b) To implement immediately the following missions in 2013:

- To assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs, the Ministry of Public Security, the Ministry of Labor-Invalids and Social Affairs, in formulating and promulgating the Joint Circular on coordination regulation in monitoring situations of developing Vietnamese children who are adopted by foreigners and protecting children in necessary circumstances.

- To formulate and promulgate: Circular guiding on finding substitute family for disabled children, children suffering serious diseases; the model regulation on inter-sector coordination among local agencies in intercountry adoption; handbook guiding implementation of the Hague Convention in Vietnam, so as to organize implementation.

- To review the bilateral cooperation agreements on adoption of Vietnam and countries, propose the further implementation or termination of agreements on background when Vietnam and countries signing agreements are members of Hague Convention.

c) To strengthen direction in solving adoption in some provinces and cities where many children need have substitute family, create positive changes in work of solving adoption case, contribute in effective implementation of the Hague Convention in Vietnam.

d) To direct implementation in accordance with regulations on informing to find domestic substitute family for children who need have substitute family.

dd) To push up implementation of legal provisions on having separation between humanitarian assistance for nurturing, caring, educating children with special circumstances in Vietnam, and introduction on children for being adopted by foreigners.

e) Expeditiously formulate the database on adoption serving state management on adoption and requirements to implement the Hague Convention.

g) To strengthen examination, guidance timely implementation of law on adoption and the Hague Convention. To direct the settlement according to law for acts misusing the adoption for self-seeking purposes, exploiting the working capacity, sexually abusing.

2. The Ministry of Labor-Invalids and Social Affairs:

a) To strengthen propagation of law on adoption and Hague Convention in combination with propagation on the national program on children protection during 2011-2015 and the national action program for children during 2012-2020.

b) To guide, direct, examine the receipt, management, and use of humanitarian assistance for nurturing, caring, educating children with special circumstances.

c) To attach special importance to train and set up contingent of officers in charge of social affairs in localities, the establishments of nurturing children with special circumstances, aiming to push up protection for children and support for finding substitute family for children with special circumstances in localities.

d) To direct the nurturing-children establishments in making list of children living in their establishments, who need have substitute family, making dossiers of children living in nurturing establishments, who are introduced for adoption.

3. The Ministry of Public Security:

a) To strengthen propagation of law on adoption and Hague Convention in combination with propagation on the action program on preventing and combating crimes on human trafficking during 2011-2015 and the national target program on preventing and combating crimes during 2012-2015.

b) To proactively direct implementation of measures for prevention, detection, investigation and settlement in accordance with law, for abducting or trafficking in children.

c) To direct the Public Security agencies of provinces and central-affiliated cities in strengthening work on verifying origin of abandoned children who are introduced for adoption in accordance with law.

4. The Ministry of Foreign Affairs:

a) To guide the representative agencies of Vietnam abroad in registration for adoption in accordance with law on adoption.

b) To direct the representative agencies of Vietnam abroad in implementation necessary measures to protect Vietnamese children who are adopted by foreigners living in foreign countries in emergency cases.

5. The Ministry of Health shall direct implementation in accordance with law on grant of birth certificates for new-born children.

6. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment, based on capability of annual state budget, in allocating budget in accordance with law on state budget, for implementation of Scheme on carrying out the Hague Convention during 2012-2015.

7. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance, the Ministry of Justice, the Ministry of Labor-Invalid and Social Affairs and relevant agencies in mobilizing official development assistance sources (ODA) for programs, projects on adoption.

8. The Ministry of Information and Communication shall direct news agents in propagating guidelines, policies, law on caring and protecting children, law on adoption and Hague Convention.

9. The People’s Committee of provinces and central affiliated cities:

a) To organize implementation of law on adoption under their competence.

b) To formulate plans on training human resource, strengthening officers in charge of children protection and care as well as adoption in localities.

c) To equip machinery, equipment and update data on adoption to serve for settlement of adoption.

d) To proactively inspect, examine and timely handle violations related to adoption in localities.

10. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, chairpersons of People’s Committees of provinces, central-affiliated cities, shall implement this Directive; annually, report result of implementing the Directive to the Ministry of Justice.

The Ministry of Justice shall monitor, examine, urge implementation of the Directive; annually, sum up implementation of Directive for reporting to the Prime Minister.