Trieu Thi Thu Thuy Deputy head of Policy Division

1. ISSUES RAISED FOR CONSIDERATION IN PREPARATION FOR ACCESSION TO THE HAGUE CONVENTION- EXPERIENCE OF VIETNAM Trieu Thi Thu Thuy Deputy head of Policy Division Department of Adoption- Ministry of Justice

2. This paper focuses on the experience of Vietnam in its consideration of issues in preperation for accession to the Hague convention

3. Why accession to the Hague Convention is necessary? • Country greatly affected by war - The need of those victim children for a loving family is obvious and has been existing for many year; - The need to protect of children, in particular the inter-country adopted children;

4. Why accession to the Hague Convention is necessary? • Accession to Hague Convention allows Vietnam: - To participate in the internationally multi- lateral cooperation mechanism; - To implement administrative reform in area of adoption; - To improve legal framework for better adoption practices, ensure the humanitarian of the adoption, in accordance with international practices.

5. Steps to the Hague Convention • May 29th 1993 representative of Vietnamese Ministry of Foreign Affair participating in the 17th meeting of the Hague Conference on Private International Law signed the Hague Covention No 33 on the protection of children and cooperation in respect of inter-country adoption

6. Steps to the Hague Convention • April 9th 1994 the Vietnamese Ministry of Foreign Affairs sent a Note to the Ministry of Justice, Ministry of Labour, Invalids and Social Affairs, Ministry of Interior (Ministry of Public Security today) and the National Committee for Child’s Care and Protection proposing that the Prime Minister consider signing the Hague Convention.

7. Steps to the Hague Convention • Dec 7th 2010 as authorized by the Prime Minister the Vietnamese Ambassador extraordinary and plenipotentiary to the Kingdom of Netherlands signed the Hague Convention. • On July 18th 2011 the President of Vietnam signed a Decision no. 1103/2011/QĐ-CTN ratifying the Convention as a whole and appointed the Vietnamese Ministry of Justice to be the Central Authority of Adoption in implementation of the Hague Convention.

8. Steps to the Hague Convention • The Vietnamese Ministry of Foreign Affairs is presently finalizing the procedures for submission of the third instrument of ratification to the depositary of the Convention. • The Vietnamese Ministry of Justice is also preparing for submission of a project proposal on implementation of the Convention to the Prime Minister for the latter’s approval.

9. Issues raised for consideration • Fristly, the national legal system on adoption should be improved for accordance with the Hague Convention - In 2002 Issued Decree 68/2002/ND-CP, which formed the basic for Vietnam to sign bilateralcooperation agreements with other states as well as for the Central Adoption Authority of Vietnam to practice implementing functions of a Central Adoption Authority as required by the Hague

10. Issues raised for consideration - June 17th 2010 at its 7th meeting, the XII National Assembly passed the Law on Adoption. This adoption legally marked a big change, which continued to ensure a harmony and compatibility of the national legal system and those regulations in the Hague Convention, especially the following fundamental points: + When an adoption case is handled, first and foremost the right of the child to live in his or her family of origin should be respected and secured. Only when a loving family in Vietnam cannot be found, should inter-country adoption be considered.

11. Issues raised for consideration + Transparency of fees, expenses and financial assistance for humanitarian purposes. As regards humanitarian aid the Law on Adoption (Article no. 7) stipulates a clear separation between humanitarian aid and adoption; humanitarian aid should not affect child giving and receiving. Law and related legal documents clearly regulates fee rates and expenses necessary for inter-country adoption handling, mechanism for use and management of fees and expenses for inter-country adoption.

12. Issues raised for consideration + Procedures for inter-country adoption handling are clearly and strictly regulated and respond to the requirements of the Convention. These are to contribute to child’s protection, prevention of child trafficking or use of adoption for profits . Vietnam is one of the countries that have a complete legal system for adoption, which is in accordance with the principles and requirements of the Hague Convention, not least the requirement for transparency in financial aspect in the area of adoption at the time it accedes to the Hague Convention

13. Issues raised for consideration • Secondly, it is of great importance forthe institutional mechanism to be strengthened and the civil servants implementing the Law on Adoption at both levels, central and local, to be enhanced. A pool of cadres equipped with appropriate ethical and professional standards, good knowledge of foreign languages, IT and better understanding of the area of adoption will respond to the requirements set in the Convention implementing process.

14. Issues raised for consideration • Thirdly, the Central Adoption Authority of Vietnam should be empowered to ensure the authority’s fulfillment of tasks as required by the Hague Convention and its capacity for: - Be the focal point in finding an alternative loving family for the child; be responsible for examination of the adoptive parents’ dossiers, the eligibility for inter-country adoption of the child in accordance with the law, and the concerned people’s consent to the adoption

15. Issues raised for consideration - Taking appropriate measures to provide other Convention contracting countries with information about the national legal system for adoption, and other relevant information, e.g. statistics, forms, etc. Informing other countries of the implemnentation of the Convention, etc.; reporting on the implementation of the Convention, and to a certain extent removing all obstacles to the implementation of the Convention. - Directly involved in or coordinating with other competent authorities preventing illegal payments of expenses related to child giving/receiving or other acts against the goal of the Convention.

16. Issues raised for consideration These are difficult tasks for the Central Adoption Authority, thus require a careful preparation. The empowerment of the authority, as regards human resource and other resources, is of great need for the Central Authority to carry its responsibilies as required by the Hague Convention.

17. Issues raised for consideration • Fourthly,it is also a demand that the mechanism and mode for handling inter-country adoption cases be renewed in order to guarantee transparancy, humanitarian and prevention of the sale of children for adoption.

18. Issues raised for consideration Renewal means: - Separation of humanitarian work from adoption actitivities; - Creation of transparency in procedures and regulations for adoption handling, which clearly define the responsibilities of each concerned agency, at central and local levels; -Transparency of the collecting and the spending of fees and charges and other reasonable expenses.

19. Issues raised for consideration • Fifthly,it is necessary to consider modernizing the state management of adoption, development of national database on adoption. • Lastly,the sharing of experience, the technical assistance from the Hague Conference on Private International Law, from the Central Adoption Authorities of the partner countries, from international organizations like UNICEF, do make a great contribution to Vietnam

20. Thank you for your attention