Nghe An strives to ensure the best interests of disadvantaged children

Reporter: Could you please tell us about the outstanding results after 10 years of implementing the Law on Adoption and the Hague Convention on the Protection of Children and Cooperation in the Field of International Adoption in Nghe An province?

Ms. Nguyen Thi Thu Thuy:Protecting and ensuring children's rights is a major policy that our Party and State pay attention to, especially for unfortunate children. On June 17, 2010, the Law on Adoption was passed by the National Assembly and took effect from January 1, 2011. Then, on February 1, 2012, Vietnam officially became a member of the Hague Convention No. 33 on the Protection of Children and Cooperation in the Field of Child Protection.adoptedinternational.

After 10 years of implementing the Law on Adoption and the Hague Convention, adoption has achieved certain results such as: The legal system on adoption has been basically completed and is in line with international standards; many children in special circumstances have found alternative families at home and abroad; adoption has become routine; the decision to allow Vietnamese children to be adopted abroad is automatically recognized in member countries of the Hague Convention.

Officials of the Judicial Administration Department (Department of Justice) discuss professional matters. Photo: KL

In Nghe An, immediately after the Law on Adoption came into effect, the Department of Justice advised the Provincial People's Committee to issue a Plan and Documents guiding its implementation throughout the province. On that basis, 21/21 People's Committees of districts, cities and towns issued Plans for implementation.

In addition, to promptly implement Decision No. 1233/QD-TTg dated September 7, 2012 of the Prime Minister approving the Project on implementing the Hague Convention No. 33 on the Protection of Children and Cooperation in the Field of International Adoption and Decision No. 1985/QD-BTP dated July 13, 2012 of the Ministry of Justice promulgating the Plan for implementing the registration of actual adoptions according to the provisions of the Law on Adoption. Nghe An Provincial People's Committee has issued the Plan for implementing the Hague Convention; Plan No. 742 on implementing the registration of actual adoptions; Decision No. 1012 promulgating the Regulation on inter-sectoral coordination to coordinate in resolving foreign adoptions for children in foster care facilities; Plan No. 173 on implementing Directive No. 03 of the Prime Minister on strengthening the settlement of adoptions in the new situation in Nghe An province.

To effectively implement these contents, in addition to promoting propaganda to raise awareness and responsibility of people in giving and receiving adoptions, as well as officials and civil servants at competent agencies to handle adoptions according to the provisions of law. The Provincial People's Committee has directed the Department of Justice to coordinate with the Department of Labor - Invalids and Social Affairs, the District People's Committee to guide foster care facilities to properly implement the procedures for receiving and handling adoptions for children in especially difficult circumstances. Thereby, preventing and detecting violations of the law; strengthening inspection, supervision, and strict management of the reception and use of support funds related to adoptions to ensure publicity, transparency, and compliance with the law.

The inspection of adoption work at the grassroots level is integrated by the Department of Justice with the inspection of registration and management of household registration and annual certification. In particular, the strict inspection of adoption registration records has gradually created transparency, contributing to significantly limiting acts of falsifying records of children's origins, better protecting children's rights.

After 10 years of implementation, the province has settled 1,195 adoptions, of which 1,147 were domestic adoptions and 48 were foreign adoptions. Of the 1,147 domestic adoptions, 973 were normal children, 14 were children with special needs, 817 were children in foster care facilities and 263 were children living in families. Of the 48 children adopted from abroad, 41 were normal children, 7 were children with special needs, 13 were children in foster care facilities and 35 were children living in families.

PV: How are procedures related to foreign adoptions handled, madam?

Ms. Nguyen Thi Thu Thuy:The procedure for confirming children eligible for foreign adoption has ensured legal conditions for all cases of children needing to find a replacement family in foster care facilities or in families if they are stepchildren or biological children of the adoptive parent; ensuring that children are adopted by the right subjects, age and scope. To confirm children are eligible for foreign adoption, all cases of abandoned children must have their origins verified by the Provincial Police, with written verification conclusions. The process of verifying the origins of abandoned children has increased the chance of reuniting with their original families. For children whose biological parents have been identified, the Department of Justice will seek the opinions of biological parents, guardians, children aged 9 and over and the director of the foster care facility expressing their consent to the adoption of the child.

Up to now, the confirmation of children eligible for international adoption in the province has basically complied with the time limit prescribed by law, contributing to creating conditions for many disabled children and children with serious illnesses to soon find suitable replacement families, receive timely treatment and be cared for in a family environment. This is because relevant agencies, departments and sectors have recognized their responsibility in protecting the rights of children with special care needs. There have been no legal errors in the settlement of international adoption in Nghe An. All decisions on international adoption signed by the People's Committee of Nghe An province have been recognized by foreign parties.

PV: So in the coming time, what contents need to be focused on to continue effectively implementing the Law on Adoption and the Hague Convention?

Ms. Nguyen Thi Thu Thuy: With the motto "Giving the best to children", ensuring the prevention of illicit benefits from adoption and preventing cases that are contrary to the objectives of the Hague Convention. In the coming time, to improve the effectiveness of this work, it is necessary to focus on implementing the following tasks:

- Continue to study and propose the Ministry of Justice to complete and unify regulations on giving and receiving adopted children for families with meritorious services and meritorious people; strictly prohibit the act of taking advantage of adoption by these subjects to enjoy preferential regimes and policies of the State; supplement regulations on collecting fees for re-registration of adoption; changing household registration for adopted children; monitoring the development of adopted children; revoking and canceling adoption certificates, etc.

- Research regulations and sanctions to properly handle the situation of arbitrary adoption of children living in non-public foster care facilities; for cases of voluntary adoption; for children living in religious facilities; for children living in border areas...

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- Strictly implement the coordination regulations between the governing body of the foster care facility and the Department of Justice, effectively promote the inter-sectoral coordination mechanism in resolving adoptions involving foreign elements. Research and develop coordination regulations to bind responsibilities between agencies in resolving domestic adoptions.

- Strengthen training and guidance on skills and professional skills in handling adoption for cadres and civil servants at all levels. Implement synchronously with propaganda, dissemination and legal education in many forms to raise awareness, compliance and implementation of legal regulations on adoption and the Hague Convention for cadres and people.

- Strengthen the direction, inspection and guidance of the implementation of the law on adoption, thereby detecting obstacles, difficulties and shortcomings in the adoption work of localities to provide timely guidance and direction. Strictly handle acts of taking advantage of adoption for profit, labor exploitation, sexual abuse...

PV: Thank you!