Intercountry adoption — a foreigner adopting a Vietnamese child, or a Vietnamese citizen adopting a foreign child — follows a special procedure with strict conditions and Ministry of Justice oversight. Not everyone may adopt, and not every child may be adopted abroad.
This article systematizes the conditions for adopters and the procedures under the Law on Adoption 2010.
1. Conditions for adopters
Article 14 of the Law on Adoption 2010 (No. 52/2010/QH12, effective from 01/01/2011) requires adopters to meet 4 conditions:
- Full civil act capacity;
- At least 20 years older than the adoptee;
- Health, economic and housing conditions ensuring the adoptee’s care, nurture and education;
- Good moral character.
Persons disqualified from adopting: those restricted in parental rights over minor children; those serving administrative handling decisions at education/medical facilities; those serving prison sentences; those with unexpunged convictions for intentional crimes against life, health, honour or dignity; child abuse; child trafficking, swapping or appropriation, etc.
2. Which children may be adopted abroad?
The law applies the principle of prioritizing domestic substitute families for children in special circumstances. Intercountry adoption proceeds only where no domestic family is found — except named (designated) adoption cases (Article 28, Clause 2): a stepfather/stepmother adopting the spouse’s child; paternal/maternal aunts and uncles adopting their nephew/niece, etc.
3. Adopter’s dossier
Article 31 requires a dossier of 02 sets with key documents:
- Adoption application;
- Copy of passport or substitute document;
- Written permission from the foreign competent authority to adopt in Vietnam;
- Psychological and family background report;
- Health status confirmation;
- Income and asset confirmation;
- Criminal record (judicial record card);
- Marital status confirmation;
- Documents proving designated-adoption eligibility (if applicable).
Documents are issued, granted or certified by the competent authority of the adopter’s country of residence; documents are valid if issued within the last 06 months (Decree 19/2011/ND-CP).
4. Procedure
- Step 1: the adopter files 02 dossier sets with the Ministry of Justice through the central adoption authority of their country of residence (designated cases may file directly);
- Step 2: the Ministry of Justice reviews and refers a child and forwards the dossier;
- Step 3: the provincial People’s Committee decides the intercountry adoption; the Department of Justice registers it;
- Step 4: the Ministry of Justice certifies the adoption was handled in accordance with the law and international treaties (Article 38) for the foreign competent authority.
5. Frequently asked questions
Q: Can a foreigner freely choose a Vietnamese child to adopt?
A: No. Except for designated cases under Article 28, Clause 2, child referral is done by the competent authority under the domestic-priority principle.
Q: Does intercountry adoption change the child’s nationality?
A: Under nationality law, a Vietnamese child adopted by foreigners retains Vietnamese nationality, except where renunciation is applied for as prescribed.
Q: How long does the procedure take?
A: The law sets no hard overall deadline; in practice it often takes many months across agencies of both countries. Prepare early with a complete dossier.
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This article was prepared by the FLAW AI Legal Council. Content is pending QA Council review before submission for approval; information is for reference only and does not replace legal advice for your specific case.