Short answer: Yes — but not everyone qualifies, and only in cases permitted by law. Intercountry adoption in Vietnam is among the most strictly regulated procedures, as it directly concerns children’s rights. This article systematizes the four permitted cases under Article 28 of the Adoption Law 52/2010/QH12 (effective 1 January 2011, still in force), the eligibility conditions for adopters, and four common misconceptions.
Legal Basis
- Adoption Law 52/2010/QH12 (effective 1 January 2011): Article 28 (cases where foreigners may adopt Vietnamese children), Article 29 (conditions for foreign adopters), Article 14 (general adopter conditions).
- Decree 19/2011/ND-CP (amended by Decree 24/2019/ND-CP): dossiers, order, and procedures.
- The 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (effective in Vietnam from 1 February 2012).
Four Cases Where Foreigners May Adopt Vietnamese Children (Article 28)
| Case | Who qualifies | Example |
|---|---|---|
| 1. Residing in a treaty country | Foreigners residing in a country that has signed an international adoption treaty with Vietnam (bilateral or the 1993 Hague Convention) | A French couple residing in France — France being a party to the Hague Convention to which Vietnam acceded — applies through the central authorities of both countries. |
| 2. Named (step-parent/relative) adoption | Named adoption: step-parents adopting a spouse’s child; adoption of relatives; adoption of children with disabilities or serious illness; persons who have worked or studied in Vietnam for at least one year | A Korean engineer who has worked in Vietnam for three years applies to adopt a specific child he has known during his stay. |
| 3. Foreigners residing in Vietnam | Foreigners holding permanent residence in Vietnam | A German citizen holding a permanent residence card in Ho Chi Minh City, stably residing for years, applies to adopt a Vietnamese child. |
| 4. Other treaty-based cases | Cases arising under international treaties to which Vietnam is a party | Applied flexibly per treaty; in practice most cases fall under the three cases above. |
Adopter Conditions: Two Layers of Scrutiny
Falling under Article 28 is only the “first gate”. Foreign adopters must simultaneously satisfy two layers of conditions:
Layer 1 — Vietnamese law (Articles 29 + 14)
Under Article 29, foreign adopters must meet the conditions of the law of their country of residence and the conditions in Article 14 of the Adoption Law, including:
- Full civil act capacity;
- Being at least 20 years older than the adopted child;
- Having adequate health, financial, and housing conditions to care for, nurture, and educate the child;
- Having good moral character.
Layer 2 — Law of the country of residence
Adopters must prove they are eligible to adopt under the law of their country of residence — typically shown through a confirmation issued by the competent foreign authority. This is where many dossiers stall: eligible in Vietnam but not meeting home-country requirements (e.g., age limits, marital status).
Who Cannot Adopt?
- Foreigners not falling under the four Article 28 cases (e.g., short-term tourists, those not residing in a treaty country, not qualifying for named adoption).
- Persons failing Article 14 conditions (less than 20 years older than the child, inadequate finances/health, poor moral standing).
- Persons not permitted to adopt under the law of their country of residence.
Four Common Misconceptions
- “Any foreigner can adopt a Vietnamese child.” — Wrong. Only the four Article 28 cases.
- “Money is enough.” — Wrong. Financial capacity is just one of many conditions (health, morals, age, home-country law).
- “Once adopted, the procedure is over.” — Wrong. Families have periodic reporting obligations on the child’s development to the competent authority.
- “Any child can be adopted internationally.” — Wrong. Children referred for intercountry adoption must meet statutory criteria (children in special circumstances, unsuccessfully matched domestically…), except in named-adoption cases.
Procedure at a Glance
- Prepare the dossier under Decree 19/2011/ND-CP (as amended by Decree 24/2019/ND-CP): application, identity documents, home-country eligibility confirmation, health certificates, income/housing proof, criminal records…
- Submit through the central adoption authority (for treaty-based cases) or the Department of Justice.
- Dossier appraisal and verification of adopter eligibility.
- Child referral (except named cases) and consultation of relevant parties.
- Decision recognizing the intercountry adoption and registration as prescribed.
Note: Any list of treaty countries in this article is illustrative only; the complete and most current list is available from the Department of Adoption — Ministry of Justice.
Self-Check Before Applying
- ☐ Do I fall under one of the four Article 28 cases of the 2010 Adoption Law?
- ☐ Am I at least 20 years older than the prospective child?
- ☐ Do I meet the health, financial, housing, and moral conditions?
- ☐ Does the law of my country of residence permit me to adopt?
- ☐ Is my dossier complete under Decree 19/2011/ND-CP (as amended by Decree 24/2019/ND-CP)?
Note: This article summarizes general legal information on intercountry adoption under Adoption Law 52/2010/QH12, Decree 19/2011/ND-CP (as amended by Decree 24/2019/ND-CP), and the 1993 Hague Convention, as of publication. Specific dossiers and procedures may change under new guidance; please check with the Department of Justice or the Department of Adoption — Ministry of Justice before proceeding.
Content reviewed by the FLAW AI Legal Council — an AI council with the mindset of seasoned lawyers. This is not the opinion of a human lawyer and does not replace direct legal advice.
This article has been reviewed by the QA Council.
For advice on intercountry adoption procedures, please contact FLAT Law Firm.