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EmailINTERCOUNTRY ADOPTION
VIETNAM
August 2006
Disclaimer: The following is intended as a very general guide to assist U.S. citizens who plan to adopt a child from a foreign country and apply for an immigrant visa for the child to come to the United States. Two sets of laws are particularly relevant: 1) the laws of the child’s country of birth govern all activity in that country including the adoptability of individual children as well as the adoption of children in country in general; and 2) U.S. Federal immigration law governs the immigration of the child to the United States.
The information in this flyer relating to the legal requirements of specific foreign countries is based on public sources and our current understanding. It does not necessarily reflect the actual state of the laws of a child’s country of birth and is provided for general information only. Moreover, U.S. immigration law, including regulations and interpretation, changes from time to time. This flyer reflects our current understanding of the law as of this date and is not legally authoritative. Questions involving foreign and U.S. immigration laws and legal interpretation should be addressed respectively to qualified foreign or U.S. legal counsel.
Prospective adoptive parents are advised to fully research any adoption agency or facilitator they plan to use for adoption services. For U.S.- based agencies, it is suggested that prospective adoptive parents contact the Better Business Bureau and/or the licensing office of the appropriate state government agency in the U.S. state where the agency is located or licensed.
U.S. Vietnam Bilateral Agreement on Intercountry Adoption: On June 21, 2005, the United States and Vietnam signed a bilateral agreement that laid the groundwork for intercountry adoptions between the two countries to recommence after a two-and-a-half-year hiatus. The agreement entered into force on September 1, 2005, and on January 25, 2006, the U.S. Embassy in Hanoi issued the first orphan immigrant visa to a Vietnamese child adopted by an American family under the agreement framework. As part of its implementation of the new agreement, the Government of Vietnam is requiring all U.S. adoption service providers (ASPs) desiring to operate in Vietnam to be licensed by the Vietnamese Ministry of Justice’s Department of International Adoptions (DIA). The DIA has indicated that, with extremely rare exceptions, it will accept adoption applications (“dossiers”) ONLY through ASPs that have received such licenses. Prospective adoptive parents considering adopting from Vietnam should consult the adoption page of the web site of the U.S. Embassy in Hanoi, http://vietnam.usembassy.gov/orphan_visa.html, where the Embassy is posting the names of American ASPs that have received DIA licenses.
PATTERNS OF IMMIGRATION OF ADOPTED ORPHANS TO THE U.S.: Recent U.S. immigrant visa statistics reflect the following pattern for visa issuance to Vietnamese orphans. Please note that the Government of Vietnam suspended intercountry adoptions with the United States in 2003, after which time only very rare exceptions were granted.
|
Fiscal Year |
Number of Immigrant Visas Issued |
|
FY 2005 |
6 |
|
FY 2004 |
21 |
|
FY 2003 |
328 |
|
FY 2002 |
766 |
|
FY 2001 |
737 |
ADOPTION AUTHORITY IN VIETNAM: Overall authority for Vietnamese adoption policy rests with the Ministry of Justice’s Department of International Adoptions (DIA) in Hanoi. In addition, however, the Public Security Department, Justice Department and People’s Committee of the child’s Vietnamese province of residence also have their own important roles in the process. These specific roles are elaborated later in this flyer.
ELIGIBILITY REQUIREMENTS FOR ADOPTIVE PARENTS: According to the Vietnamese "Law on Marriage and the Family," adoptive parents must be at least 20 years older than the children they wish to adopt. Only one single person or one married couple may adopt. S/he or they must meet all of the following requirements: have not had their parental rights restricted by authorities, have good ethical qualities, and have the capacity to care for, support, and educate the adoptive child. If married, both persons must meet all requirements. Children up to and including the age of 15 can be adopted. Under Vietnamese law, a child over age nine must consent in writing to his/her adoption.
Civil Status of Prospective Adoptive Parents: Vietnam law permits adoption by married couples (one man, one woman) and single heterosexual persons. Vietnam law prohibits homosexual individuals or couples from adopting Vietnamese children.
RESIDENCY REQUIREMENTS: None.
TIME FRAME: The Department of International Adoptions and the other Vietnamese government entities involved in the adoption process have established time limits for certain steps of the process, as outlined below. In practice, however, prospective adoptive parents should not be surprised if these steps surpass the stated time frames. This does not necessarily mean there is anything wrong with the case.
ADOPTION FEES: As of the publication date of this flyer, the Government of Vietnam has not yet posted its list of required fees in conjunction with intercountry adoptions. Currently, adoptive parents pay a 1,000,000 VND fee (approximately USD 65.00) for the submission of dossiers to the Department of International Adoptions. Please consult the adoption page of the web site of the U.S. Embassy in Hanoi, http://vietnam.usembassy.gov/orphan_visas.html, for updates.
ADOPTION PROCEDURE: When a Vietnamese government-licensed adoption agency receives a request from a client to identify a child available for adoption, the agency contacts an orphanage (generally an orphanage it supports financially). Prospective adoptive parents should verify with their adoption agency whether they may reject the match made by the agency and whether they will have an opportunity to review any medical documentation for the child prior to accepting the match. When an agency has identified a child acceptable to the adopting parent(s), the agency asks the orphanage to release the child for foreign adoption.
The orphanage must demonstrate that the child’s biological parent(s), guardian(s), or whoever has legal custody of the child have irrevocably released the child for foreign adoption. In some cases, the orphanage may already have such a release statement on file. Otherwise, the orphanage must obtain the release statement from the parent(s) or guardian(s). The orphanage director then signs a document stating that the orphanage consents to release the child, either to the prospective adoptive parents or their agents. The prospective parents' names should be specified in the Vietnamese version of this document.
After the agency has obtained all the documents required for the adoption, the agency will present the “dossier” to the Justice Department of the province in which the child has been living. The provincial Justice Department in turn coordinates with the provincial Department of Public Security (police) to review the application, investigate the circumstances under which the child became an orphan, and review the adoption process to ensure than no illegal inducements were provided for the adoption. The provincial Department of Public Security must investigate the proposed adoption within 30 days from the date of the initial request from the Justice Department. This limit can be extended by 15 days if additional investigation is required.
Following its review of the case, including the findings of the Department of Public Security’s investigation, the Justice Department gives the completed paperwork and a recommendation for or against the adoption to the provincial People's Committee for review. The Justice Department may disapprove the adoption if it finds that criminal acts may have occurred in the processing of the adoption, if the child does not qualify for adoption under Vietnamese law, or the if adoption is not in the best interests of the child. The People's Committee then has 60 days to decide whether to accept or reject the application for adoption. If further investigation by the Department of Justice is needed, the People's Committee can delay its decision an additional 30 days.
Please note that, in actual practice, these general time periods may vary greatly from province to province.
Once the provincial People's Committee approves the adoption, the agency is notified that the adoptive parents must travel to Vietnam to complete the adoption. The child is formally relinquished to the adoptive parents in a "Giving and Receiving" ceremony held at the provincial Justice Department. At least one of the adoptive parents must be present at this ceremony. Also in attendance are representatives of the orphanage, the People's Committee and the Justice Department. A "Giving and Receiving" document signed by the Justice Department is issued and the adoption is recorded in an adoption registration book. Once the adoption has been registered, the U.S. parent(s) is/are legally the child’s parent(s) under Vietnamese law.
DOCUMENTS REQUIRED FOR ADOPTION: Two (2) sets of the following documents are required: Adoption Application Form; Copies of Passports; Permission from the United Sates to adopt; Medical Certificates that Prospective Adoptive Parent(s) are in good health, not infected with mental diseases and/or contagious diseases; Written proof of financial ability to support the child; Prospective Adoptive Parent(s)’ criminal, judicial records. Depending upon the circumstances of the parties involved, additional documents may be required.
A FEW WORDS ON VIETNAMESE CIVIL DOCUMENTATION: Document fraud is widespread in Vietnam. Fraud is not limited to fake documents produced by other than the authorized civil authority. A document may be legal, in the sense that the appropriate Vietnamese government office has issued it and it is in the correct format, but still be fraudulent because it contains false information. Vietnamese regulations regarding civil documentation are frequently not followed. For instance, births are supposed to be registered within 30 days and in a prescribed format, but late registrations and non-standard, unofficial “birth certificates” created by orphanages are common. Death certificates, such as for a child’s biological parent(s), may prove even more difficult to verify, since there is no standard format and the cause of death listed on Vietnamese death certificates is often very vague. Moreover, the format of all official documents, with the exception of birth certificates, varies widely from province to province. All of these factors can greatly complicate the ability of Vietnamese and U.S. officials involved in the intercountry adoption process to identify the child and confirm his/her parentage to a sufficient level of comfort to protect against child-buying or other inappropriate, illegal or prohibited practices.
AUTHENTICATING U.S. DOCUMENTS TO BE USED ABROAD: The language describing the process of authenticating U.S. documents to be used abroad is currently under review. Please click on the following link for more information until the new language is finalized. http://travel.state.gov/passport/get/get_840.html.
VIETNAMESE EMBASSY IN THE UNITED STATES: Embassy of the Socialist Republic of Vietnam
1233 20th Street, N.W.
Suite 400
Washington, D.C. 20036
Tel: (202) 861-2293 or (202) 861-0694
Homepage: http://www.vietnamembassy-usa.org/
U.S. IMMIGRATION REQUIREMENTS:
Filing an I-600 Petition in Vietnam
Adoptive Parent(s) may also submit the I-600 in Vietnam at either one of the locations below:
| USCIS Office in Ho Chi Minh City | Consular Section of the Embassy of the United States in Hanoi |
| No appointment is necessary to file the I-600. Petitioners may drop off the I-600 petition between 8:30 am and 11:00 am, Monday through Thursdays (except local and American holidays) and supporting documents at any time. Petitioners will be notified to arrive at a later time for an interview. | Adoptive Parent(s) or their representative Adoption Service Provider must make an appointment by email at HanoiAdoptions@state.gov to file I-600 petitions. Appointments will be scheduled only on Mondays, Tuesdays, and Wednesdays (except local and American holidays). |
| Since pre-screening is not necessary, please do NOT fax/mail/email documents to the US CSI office. | Since pre-screening is not necessary, please do NOT fax/mail/email documents to the U.S. Embassy. |
| The USCIS Office in Ho Chi Minh City accepts all immigrant petitions, including the I-600A for those US citizens who are resident in Vietnam. | The Consular Section of the US Embassy in Hanoi can only accept I-600 petitions where there is a USCIS-approved I-600A. Otherwise, Adoptive Parents must file their I-600 with the USCIS Office in Ho Chi Minh City. |
| I-600 petitions filed at the USCIS Office in Ho Chi Minh City will be approved/disapproved by the US CSI Officer. If approved, the approved I-600 will be sent to the Consular Section of the US Embassy in Hanoi. Adoptive Parents must travel to Hanoi to apply for the orphan visa. | I-600 petitions filed at the Consular Section of the Embassy of the United States are forwarded to the USCIS Office in Ho Chi Minh City for approval by a USCIS Officer. This process may take up to 48 hours for a clearly approvable case. Once the I-600 has been approved, PAPs may apply for the orphan visa. |
The Consular Officer may not consider a visa for the child until there is an approved I-600 petition.
The I-604 Interview. Upon filing the I-600, either the USCIS Officer (if filed in HCMC) or the Consular Officer (if filed in Hanoi) will conduct
an interview in order to complete form I-604, the “Request for and Report on Overseas Orphan Investigation”. If the I-600
was approved in the United States, the I-604 interview must still be conducted in Vietnam, by either the CSI Officer in HCMC
or the Consular Officer in Hanoi.
Required Documentation: Original or certified copies of all Vietnamese documents will be required at the time of the I-604 interview. English translations
must be provided for all Vietnamese documents. You should also have photocopies of all the child's Vietnamese documents at
the time of the interview. The documents used in the I-604 interview will be returned to you at the end of the interview.
Child’s birth certificate (if the parents’ names are known, the names must appear on the birth certificate); Adoption Decision by the People’s Committee; Procès-Verbal (“Giving and Receiving” certificate); Valid Vietnamese passport.
Other Documents: For single-parent relinquishments: statement of relinquishment of the child by the parent with the reasons for the relinquishment and evidence that the birth mother was unmarried at the time the child was relinquished (marital status should be verified by police or other competent authority).
For abandonments: a statement from the orphanage/hospital detailing the circumstances in which the child became an orphan with police certification that the abandoned child’s birth parents could not be located.
For two-parent relinquishments: statement of relinquishment of the child by birth parents to an orphanage with the reasons for the relinquishment; Orphanage
release of the child for foreign adoption (if applicable).
NOTE: If custody of the child is transferred from one individual or institution to another, the transfer must be clearly documented.
An “Orphanage Acceptance”, specifying that an orphanage accepts custody of a child, is an example of a transfer of custody
document.
Death Certificate of the child’s deceased parent or parents (if applicable).
Approval/Denial of I-600 Petition . The authority to approve I-600 petitions rests with USCIS. Occasionally, the I-604 Report does not confirm that the child
is an orphan as defined by the INA. In such a case, the Consular Officer or USCIS Officer will provide the adoptive parents
or their agent with an opportunity to submit additional information. If the outstanding questions can be answered, the case
can be completed. If an issue cannot be resolved, the petition cannot be approved. When a petition has been referred to USCIS,
questions about the status of the case must be addressed to the USCIS. Several scenarios may occur: (1) USCIS reviews the
documentation and approves (or re-affirms) the petition, then notifies the Embassy to continue processing the visa application.
This approval usually is completed within two full business days for clearly approvable cases; (2) USCIS reviews the documents
and requests that the Consular Officer conduct a field investigation to ensure that no fraud or illegal activity was involved.
The Embassy conducts the investigation and reports its findings to the USCIS for a final decision. The Adoptive Parent(s)
will be notified if this takes more than two full business days for a clearly approvable case; (3) USCIS can deny the petition.
If USCIS denies the petition, the Adoptive Parent(s) can appeal the denial to the USCIS Associate Commissioner for Examinations,
Administrative Appeals Office for a legal ruling. Alternatively, adoptive parents can discuss other options with the USCIS
office having jurisdiction over their case. In rare and exceptional circumstances, children deemed ineligible for admission
to the United States may qualify for "humanitarian parole" and gain entry. Only USCIS has the authority to grant humanitarian
parole.
Applying for an Immigrant Visa at the U.S. Embassy in HanoiMedical Examination . Every immigrant visa applicant must undergo a physical examination by a designated physician. The medical examination and
report, DS-2053 (“Medical Examination for Immigrant or Refugee Applicant”), focuses primarily on detecting certain serious infectious or
contagious diseases or medical disabilities that may be a basis for visa ineligibility. If the child is found to have any
of these illnesses or disabilities, the child may still be issued a visa after the illness has been successfully treated,
or after a waiver of the visa eligibility is approved by the USCIS. If the physician or the Consular Officer notes that the
child has a serious disease or disability, the parents will be notified and asked if they wish to proceed with the child's
immigration. Adoptive Parent(s) should not rely on this medical examination to detect all possible medical conditions and
may wish to arrange an additional private medical examination if they have concerns about the child's health The only facilities
in Vietnam authorized to perform medical examinations for U.S. immigrant visa applications are Cho Ray Hospital in Ho Chi
Minh City, the IOM Office in Ho Chi Minh City, and SOS International in Hanoi. There are no U.S. government-authorized medical
facilities in any other city in Vietnam. Please contact these facilities directly for their specific procedure for the medical
exam.
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The medical examination normally takes about twenty minutes. The cost of the exam is $60 for applicants age 15 and older,
and $40 for applicants age 14 and younger, which you must pay directly to the hospital/clinic. You should plan to do the exam
before the day of the orphan visa interview, but after the child’s Vietnamese passport has been issued. Please bring the child’s
Vietnamese passport to the medical examination as the facility will use this as proof of the child’s identity. The sealed
medical examination results must be presented at the visa interview.
Requesting an Interview. Adoptive Parent(s) should request an appointment to submit their DS-230 application and interview by e-mail to: HanoiAdoptions@state.gov. Since pre-screening is not necessary, please do not fax/mail/email documents to the Embassy. The interview will take about
one hour.
Documentation Required at the Interview. An immigrant visa cannot be issued if any of the specified items are missing. The following items should be completed and/or
presented at the time of interview: DS-230 Parts I & II (Immigrant Visa Application Form); Form OF-157 (Report of Medical Examination); Form 9003 (IRS questionnaire);
The child’s valid Vietnamese passport; Two photos of the child; Originals or certified copies of all documents previously submitted in support of the I-600 Petition. Visa
Fees : While the child's documents are being checked, you will be asked to go to the Cashier to pay t he fee for an immigrant
visa ($335.00). Payment can be made only in U.S. dollars, in cash or major credit card. The Orphan Visa Interview : Although
the final visa interview appears to involve a single action that may be completed quickly, the consular officer must perform
several different steps required by law and regulation. The officer must review the I-600 petition, verify the child's status
as an orphan, establish that the prospective parent(s) have legal custody, survey the child's medical condition and confirm
that the child has the required travel documentation. Questions concerning legal custody or proper documentation for the child
must be resolved in accordance with the law of Vietnam. However, the child's ability to qualify for an immigrant visa as an
orphan is determined by U.S. law. The adoptive parent(s) or the adoption agent is responsible for meeting all requirements.
An adoption by a court decree or comparable order by a Vietnamese authority does not automatically qualify a child for an
immigrant visa for entry into the United States. During the immigrant visa interview, a Department of State consular officer
will verify that the child meets the legal definition of an orphan and that the child’s documentation is correct. Issuance of the Visa. If the visa is approved, the visa will be issued at
4:00 p.m. the same day. The visa will allow the child to legally enter the United States. The visa package must be given to
the DHS Immigration officer at your port of entry.
For more general information on U.S. intercountry adoption procedures, including the immigration of adoptive children, prospective
adoptive parents are strongly encouraged to consult USCIS publication M-249, The Immigration of Adopted and Prospective Adopted
Children, at http://uscis.gov/graphics/services/Adop_Prospective.htm, as well as the Department of State publication, International Adoptions. The USCIS publication is available at the USCIS
Web site (www.uscis.gov). The Department of State publication International Adoptions can be found on the U.S. Department
of State, Bureau of Consular Affairs web site, http://travel.state.gov, under “International Adoptions.”
Prospective adoptive parents are strongly encouraged to read the flyer outlining the requirements for filing I-600 petitions
for orphans adopted by U.S. citizens. Please see the flyer How Can Adopted Children Come to the United States at our web site
http://travel.state.gov/.
ACQUIRING U.S. CITIZENSHIP: The language describing the acquisition of U.S. citizenship for adopted children is currently under review. Until the new
language is finalized, please click on the following link for further information. http://travel.state.gov/family/adoption/info/info_457.html/
QUESTIONS: Specific questions regarding adoptions in Vietnam may be addressed to the Consular Section of the U.S. Embassy in Hanoi.
CONTACTING THE U.S. EMBASSY IN HANOI: While in Vietnam, inquires should be addressed to:
U.S. EMBASSY
Consular Section
6 Ngoc Khanh Hanoi, Vietnam Email: HanoiAdoptions@state.gov
Tel: (84) (4) 831-4590
Fax: (84) (4) 831-4578
U.S. Mailing Address:
U.S. Embassy Hanoi PSC 461
P.O. Box 400
FPO AP 96521-0002
Home page: http://vietnam.usembassy.gov
Before arrival in Vietnam, U.S. adoptive parents should register at the State Department’s Travel Registration website at
https://travelregistration.state.gov/ibrs/. The Embassy’s website at http://vietnam.usembassy.gov/ will be able to provide information about any outstanding travel advisories and to provide other information about Vietnam,
including lists of physicians, attorneys, interpreters and translators.
ADDITIONAL INFORMATION: Specific questions about adoption in Vietnam may be addressed to the U.S. Embassy in Vietnam. General questions regarding
international adoption may be addressed to the Office of Children’s Issues, U.S. Department of State, CA/OCS/CI, SA-29, 4th
Floor, 2201 C Street, NW, Washington, D.C. 20520-4818, toll-free Tel: 1-888-407-4747. Useful information is also available
from several other sources:
Telephone:
- Toll Free - For information on international adoption of children and international parental child abduction, call Overseas Citizens Services at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Standard Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444.
- U.S. Department of State Visa Office - recorded information concerning immigrant visas for adopting children, (202) 663-1225.
- U.S. Citizenship and Immigration Services - recorded information for requesting immigrant visa application forms, 1-800-870-FORM (3676).
- Internet :
- Adoption Information Flyers: The U.S. Department of State, Bureau of Consular Affairs web site at: http://travel.state.gov/ contains international country adoption information flyers like this one and the International Adoptions brochure.
- Country Specific Information: The State Department has general information about hiring a foreign attorney and authenticating documents that may supplement
the country-specific information provided in this flier. In addition, the State Department publishes Country Specific Information
for every country in the world, providing information such as location of the U.S. Embassy, health conditions, political situations,
and crime reports. If the situation in a country poses a specific threat to the safety and security of American citizens that
is not addressed in the CSI for that country, the State Department may issue a Travel Alert alerting U.S. citizens to local
security situations. If conditions in a country are sufficiently serious, the State Department may issue a Travel Warning
recommending that U.S. citizens avoid traveling to that country. These documents are available on the
Internet at: http://travel.state.gov/ or by calling the State Department's Office of Overseas Citizen Services Toll Free at 1-888-407-4747. This number is available from 8:00 a.m. to 8:00 p.m. Eastern Time, Monday through Friday (except U.S. federal holidays). Callers who are unable to use toll-free numbers, such as those calling from overseas, may obtain information and assistance during these hours by calling 1-202-501-4444. - USCIS web site - http://uscis.gov/.
