Vietnam Accepting Two US Adoption Provider Applications UPDATED
Despite the data from the recent Catalyst Foundation here, Vietnam is opening up to two US adoption agencies.
Senator Mary Landrieu has been setting the stage for this as we saw in February 2013 here when she said that only some final details needed to be worked out. That trip also had the Acting Secretary of HHS commenting on why children were in orphanages.
In February 2012, JCICS was lobbying to open just a few provinces.
We can’t forget about the spin on the Bac Lieu 16 and one of the FTIA-referred children who returned to the biological family.
DOS issued a notice on July 22 about how Vietnam will be approving 2 nonprofit, US , Hague-accredited providers who have previously placed in Vietnam and have given humanitarian aid. See it here and pasted below:
“Vietnam’s Department Of Adoptions is Accepting Applications From U.S. Hague-Accredited Adoption Service Providers Wishing To Facilitate Adoptions In Vietnam Under A Limited Intercountry Adoption Program
The Department of Adoptions within the Ministry of Justice of the Socialist Republic of Vietnam is now accepting applications from U.S. Hague-accredited adoption service providers (ASPs) for authorization to operate a limited intercountry adoption program for children with special needs as defined by Vietnamese law, children older than five, and children in biological sibling groups of two or more in Vietnam. The Government of Vietnam has determined that it will authorize no more than two (2) U.S. ASPs to operate in Vietnam.
U.S. prospective adoptive parents should not initiate Form I-800A or Form I-800 filings with U.S. Citizenship and Immigration Services (USCIS) identifying Vietnam as the intended country of adoption until the Department announces that it has made a determination that intercountry adoptions between the United States and Vietnam may proceed under the Convention.
VIETNAM’S ASP SELECTION CRITERIA
The Government of Vietnam informed the U.S. Embassy in Hanoi that any U.S. ASP wishing to apply to facilitate intercountry adoptions on behalf of children with special needs, children older than five, and children in biological sibling groups of two or more in Vietnam must meet certain criteria in order to be considered for authorization, should the limited program go into effect between the United States and Vietnam. Any ASP seeking to apply must fulfill each of the following criteria in order to have its application considered:
- Three (3) or more consecutive years of experience providing services in intercountry adoptions in Vietnam.
- Five (5) or more consecutive years of experience providing intercountry adoption services to children with special needs, children older than five, and children in sibling groups.
- The ASP should be authorized to operate broadly in the United States. Eligible ASPs must have offices in at least five (5) States.
In addition, the ASP must demonstrate that it meets the criteria established in Vietnam’s laws. As a courtesy to U.S. ASPs, the Government of Vietnam provided its Prescreening Document, which it will use to determine whether a U.S. ASP may be eligible for authorization. The Department encourages only U.S. ASPs capable of meeting Vietnam’s criteria and the Prescreening Document to apply for authorization.
Additional information on Vietnam’s procedures for granting operation licenses for foreign adoption agencies in Vietnam (the Government’s Decree No: 19/2011/ND-CP Providing in Detail for Implementation of a Number of Articles of the Law on Adoption) can be found on the Ministry of Justice’s website.
DEADLINE FOR SUBMITTING AN APPLICATION
The Department of Adoptions will begin accepting applications for authorization on July 22, 2013, with a closing date of September 22, 2013. All applications must be received by the closing date to receive consideration. The Government of Vietnam has informed the U.S. Embassy in Hanoi that the amount of time it will take to move forward with ASP selection will depend on the number of applications it receives. The Government of Vietnam will determine which ASPs will be contacted for further follow up/interview. If an ASP does not hear from the Department of Adoptions within three months from the closing date, on December 22, 2013, this indicates that the agency was not selected.
APPLICATION FEE AND SUBMISSION INSTRUCTIONS:
The Department of Adoptions informs interested ASPs that the application fee for authorization (formally termed “licensing fee” in Vietnamese documents) of VND65,000,000 (65 million Vietnamese Dong) [approx. $3065.29] per license is non-refundable, regardless of whether an ASP is subsequently authorized.
Interested ASPs may submit their application from 8:30 a.m. to 11:30 a.m. on Tuesdays and Thursdays to:
Department of Adoptions
Ministry of Justice
N1 Building, 60 Tran Phu Street
Hanoi, Vietnam
WARNING: 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.”
REFORM Puzzle Piece
Let the dirty games begin! 
[George Doyle/starter pistol/photos.com]
Update: US DOS issued a notice on September 17, 2013
See here and pasted below:
Vietnam’s Department of Adoptions Issues Further Guidance for US Convention-Accredited Adoption Service Providers
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 the authorization from US Convention-Accredited Adoption Service Providers (ASPs).
Begin text of guidance:
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.
End text of guidance.
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.”
Update 2: October 2013
“Children Adopted From Vietnam Before July 1, 2009 Must Register with the Government of Vietnam to Retain Vietnamese Citizenship.
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.”
Update 3: DOS gives an alert on June 16,2014
See http://adoption.state.gov/country_information/country_specific_alerts_notices.php?alert_notice_type=notices&alert_notice_file=vietnam_9 and pasted below:
“Adoptions from Vietnam Through a Special Adoption Program for Children with Special Needs, Children Aged Five and Older, and Children in Biological Sibling Groups May Commence Under the Hague Adoption Convention Three Weeks After Vietnam Authorizes U.S. Adoption Service Providers
The Department of State is pleased to announce that through our close engagement with the Government of Vietnam a new intercountry adoption program with Vietnam may soon begin. Intercountry adoptions from Vietnam to the United States, through a special adoption program for children with special needs, children aged five and older, and children in biological sibling groups (Special Adoption Program) may commence three weeks after Vietnam’s Central Authority, the Ministry of Justice, announces its authorization of U.S. adoption service providers (ASPs). The Department of State anticipates that the Ministry of Justice will announce its authorization decision by the end of 2014. We will continue to provide updates on this website regarding the Ministry of Justice’s timeline for ASP authorization as the information is relayed to us and will post another announcement with the date of the Ministry of Justice’s ASP authorization decision and the effective date of the commencement of the Special Adoption Program as soon as they are available.
The Hague Convention on Protection of Children and Co-Operation in Respect of Intercountry Adoption (Convention) entered into force for Vietnam on February 1, 2012. At that time, Vietnam did not have a fully functional Convention process in place and the United States determined that it would not be able to process Convention intercountry adoptions. The Government of Vietnam has taken a number of steps to improve its implementation of the Convention, particularly in adoptions of children with special needs and for older children and biological sibling groups placed on Vietnam’s “List 2” for matching by Vietnam’s Central Authority. The United States has now determined that through the Special Adoption Program it will be able to process Convention adoptions from Vietnam three weeks after Vietnam authorizes U.S. ASPs. The United States will not process Convention adoptions from Vietnam that fall outside the parameters of the Special Adoption Program. However, we will continue to monitor the Vietnamese child welfare program, to determine if the intercountry adoption program can be expanded.
Prospective adoptive parents and adoption service providers should not initiate, seek to initiate, or claim to initiate adoption programs or cases in Vietnam until the Department of State announces the effective date of Vietnam’s authorization of U.S. ASPs and the effective date of the commencement of the Special Adoption Program.
Further, prospective adoptive parents and ASPs should not file any Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative, with U.S. Citizenship and Immigration Services (USCIS) until the effective date of the commencement of the Special Adoption Program, as USCIS cannot accept any Form I-800 until that date.
The Department of State will provide updated information onadoption.state.gov as it becomes available. If you have any questions about this notice, please contact the Office of Children’s Issues at 1-888-407-4747 within the United States, or 202-501-4444 from outside the United States. Email inquiries may be directed to AdoptionUSCA@state.gov.”
“Vietnam Authorizes U.S. Adoption Service Providers – Intercountry Adoptions from Vietnam to the United States through a Special Adoption Program May Commence on September 16, 2014.
Vietnam’s Central Adoption Authority, the Ministry of Justice, announced that it has authorized two U.S. adoption service providers to facilitate intercountry adoptions in Vietnam:
Dillon International, Inc.
Holt International Children’s Services, Inc.
Effective on September 16, the United States will process Hague Convention adoptions from Vietnam through a program for children with special needs, children aged five and older, and children in biological sibling groups (Special Adoption Program). Please see our June 16th Adoption Notice outlining the Special Adoption Program.
The United States will not, however, process Hague Convention intercountry adoptions from Vietnam that fall outside the parameters of the Special Adoption Program.
The Department of State will provide updated information onadoption.state.gov as it becomes available. If you have any questions about this notice, please contact the Office of Children’s Issues at 1-888-407-4747 within the United States, or 202-501-4444 from outside the United States. Email inquiries may be directed to AdoptionUSCA@state.gov”
Update 6: USDOS releases a notice http://travel.state.gov/content/adoptionsabroad/en/country-information/alerts-and-notices/vietnam15-01-08.html
“Additional Information on the Operation of the U.S. – Vietnamese Special Adoption Program
Vietnam’s central adoption authority, the Ministry of Justice’s Department of Adoptions (MOJ/DA), has recently clarified certain aspects of the U.S. – Vietnamese Special Adoption Program, a program for Hague Convention adoptions of children with special needs, aged five or older, and in biological sibling groups. According to MOJ/DA, healthy children who live outside of orphanages currently do not qualify for the Special Adoption Program, even if they are aged five or older or are in biological sibling groups. The MOJ/DA has also indicated that these same criteria apply to children who are related to a prospective adoptive parent.
Vietnam has indicated that only children in the following groups qualify for the Special Adoption Program:
1. Children officially registered as “List 2” by the provincial Department of Justice are eligible for intercountry adoption. According to the MOJ/DA, only children officially documented as special needs, aged five or older, and in biological sibling groups are eligible for adoption. Only provincial Departments of Justice are authorized to register as “List 2” children resident at government child care facilities.
2. Children not registered as “List 2”, but who have disabilities or life threatening diseases, and children with HIV/AIDS, may be eligible for intercountry adoption. First the MOJ/DA makes a determination that the prospective adoptive parents are eligible to adopt. If approved, the MOJ/DA will then send a request to the provincial Department of Justice to determine whether the identified child is eligible for intercountry adoption. The child’s guardian must submit documentation verifying the medical condition of the child as well as go through the full legal relinquishment process in Vietnam. The rest of the process would follow Vietnam’s regular Hague Convention intercountry adoption procedures.
U.S. prospective adoptive parents who wish to adopt a Vietnamese child must work through either of the two U.S. adoption providers that have been licensed by the Vietnamese Government to operate the Special Adoption Program in Vietnam.
For more information on Vietnam’s intercountry adoption processes, please review our Adoption Country Information for Vietnam. For any additional questions, please write to us at AdoptionUSCA@state.gov or call us at 1-888-407-4747.”
Update 7: Well another provider has been authorized!
DOS send an update . See it http://travel.state.gov/content/adoptionsabroad/en/country-information/alerts-and-notices/vietnam15-06-24.html
“Alert: Vietnam Authorizes U.S. Adoption Service Provider, Alliance for Children, for Intercountry Adoptions from Vietnam to the United States through a Special Adoption Program
Vietnam’s Central Adoption Authority, the Ministry of Justice, announced that it has authorized U.S. accredited adoption service provider Alliance for Children to facilitate the adoption of Vietnamese children under the Special Adoption Program. Two other U.S. accredited adoption service providers, Dillon International, Inc. and Holt International Children’s Services, Inc., are also authorized to facilitate adoptions in Vietnam.
The United States processes Hague Convention adoptions from Vietnam through a program for children with special needs, children aged five and older, and children in biological sibling groups (Special Adoption Program). Please see this Adoption Notice outlining the Special Adoption Program.
The United States will not, however, process Hague Convention intercountry adoptions from Vietnam that fall outside the parameters of the Special Adoption Program.
The Department of State will provide updated information onadoption.state.gov as it becomes available. If you have any questions about this notice, please contact the Office of Children’s Issues at 1-888-407-4747 within the United States, or 202-501-4444 from outside the United States. Email inquiries may be directed to Adoption@state.gov. ”
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