Vietnam Adoption Alert
The 2008 citizenship law of Vietnam requires that children adopted from Vietnam before July 1, 2009 must register with overseas Vietnamese diplomatic missions prior to July 1, 2014 to retain their Vietnamese citizenship (Art. 13.2 citizenship law of Vietnam). The law does not require children adopted from Vietnam after July 1, 2009 to register because they automatically retain their Vietnamese citizenship (Art. 37.1 citizenship law of Vietnam).
After July 1, 2014, those who do not register for retention will lose their Vietnamese citizenship. In order to reclaim their Vietnamese nationality, they would have to apply for restoration of Vietnamese citizenship, proving that they meet the conditions of Article 23 of the citizenship law of Vietnam and following a rigorous process that requires the approval of the President of Vietnam.
For instructions on how to apply to retain Vietnamese citizenship, please visit the website of the Embassy of the Socialist Republic of Vietnam.
The Department of Adoptions in the Ministry of Justice of the Socialist Republic of Vietnam (MOJ/DA) has issued the following guidance. This guidance is related to the MOJ/DA’s July announcement, published on this website, to accept applications for authorization from U.S. Convention-accredited adoption service providers (ASPs).
In the spirit of cooperation under the Hague Adoption Convention, the Vietnamese government has agreed to license two U.S. ASPs to operate a proposed, limited intercountry adoption program of children with special needs, older children, and children in sibling groups. In 2014, Vietnam will license two U.S. ASPs to operate in Vietnam as follows:
Acceptance of applications for licensing – from July 22, 2013 through September 21, 2013: ASPs may submit applications for licensing to operate in Vietnam at the Ministry of Justice’s reception desk every Tuesday and Thursday. Application pre-screening and review – from September 22, 2013 through December 21, 2013: Based on the number of applications received, the Ministry of Justice will review, assess, and make a shortlist of ASPs. Subsequently, MOJ/DA will schedule interviews with the Vietnam program manager of the shortlisted ASPs. If an ASP is not contacted by the Ministry of Justice during this period, this means that the ASP was not shortlisted. Assessing the capacity of shortlisted ASPs – from the end of 2013 to the beginning of 2014: The Ministry of Justice will organize an interagency delegation to examine the operations of shortlisted ASPs at their headquarters in the United States.
Based on the results of application review, interview, examination of ASP operations in the United States, and in consultation with other relevant Vietnamese agencies, the Minister of Justice will decide which two most qualified ASPs among the shortlisted candidates will be licensed.
During the application acceptance and review period, the MOJ/DA will not accept any requests for meetings from any U.S. ASP. If necessary, the MOJ/DA will contact the ASPs which have been shortlisted to submit additional documentation.
CAUTION: The Department of State urges U.S. prospective adoptive parents not to initiate Form I-800A or Form I-800 filings with USCIS identifying Vietnam as the country of intended adoption and not to take steps to initiate an intercountry adoption in Vietnam until the Department of State announces that it has determined that U.S. intercountry adoptions from Vietnam may proceed. Please monitor adoption.state.gov for further updates.
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