HANOI NATIONAL UNIVERSITY
FACULTY OF LAW
PHAN THUY DUONG
LAW ENFORCEMENT
ON ADOPTION IN PRACTICE IN THUA THIEN HUE
Major : Civil Law
Code : 60 38 30
MASTER'S THESIS IN LAW
Scientific advisor : Dr. Nguyen Phuong Lan
HANOI - 2013
COMMITMENT
I hereby certify that this is my own scientific research work. The figures, examples and quotations in the Thesis ensure reliability, accuracy and honesty. The scientific conclusions of the Thesis have never been published in any other work.
THESIS AUTHOR
Phan Thuy Duong
INDEX
Sub-cover Page Commitment Table of Contents
List of abbreviations
INTRODUCTION 1
1. Urgency of research topic 1
2. Research status of topic 2
3. Research purpose and tasks 4
4. Research object and scope 5
5. Research methods 6
6. New points and contributions of research topic 6
7. Structure of the thesis 7
Chapter 1 : SOME BASIC THEORETICAL ISSUES ON ADOPTION LAW AND IMPLEMENTATION OF ADOPTION LAW
ADOPTED CHILD8
1.1 General theory of adoption and adoption law 8
1.1.1 General concept of adoption 8
1.1.2 General concepts of adoption law 13
1.1.3 The need to regulate adoption by law 16
1.2 General theory on the implementation of adoption law 22
1.2.1 General concept of law enforcement 22
1.2.2 Implementation of the law on adoption 25
1.3 Characteristics of the implementation of the law on adoption 30
1.4 The significance of implementing the law on adoption 32
Chapter 2: IMPLEMENTATION OF THE LAW ON ADOPTION IN
THUA THIEN HUE PROVINCE IN PAST YEARS 35
2.1 Principles for resolving adoption 35
2.1.1 Principle of respecting children's rights to live in a healthy environment
original family school 36
2.1.2 Principles of ensuring the legitimate rights and interests of the adoptee and the adoptive parent, voluntary, equal,
no discrimination between men and women, not against the law and social ethics 39
2.1.3 Only allow foreign adoption when no one can be found.
domestic substitute family 42
2.2 Implementation of the conditions of adoption 46
2.2.1 Conditions for adoptees 47
2.2.2 Conditions for adoptive parents 50
2.2.3 Will of the subjects involved in adoption 53
2.2.4 Registering adoption with competent authority 58
2.3 Measures to find alternative families for children 63
2.3.1 Principles of finding alternative families for children 64
2.3.2 Measures to find alternative families for children 66
2.4 Legal consequences of adoption 69
2.4.1 In the relationship between adoptive parents, adoptive parents' family and adopted children 69
2.4.2 Relationship between biological parents, biological parents' family and adopted child
adopted child 74
2.5 Termination of adoption 76
2.5.1 Grounds for termination of adoption 77
2.5.2 Procedures for resolving termination of adoption 80
2.5.3 Legal consequences of termination of adoption 81
Chapter 3: PROBLEMS AND INADEQUACIES IN THE IMPLEMENTATION OF THE LAW ON ADOPTION AND SOME SOLUTIONS TO ENSURE THE EFFECTIVENESS OF ADOPTION
RAISING IN THUA THIEN HUE PROVINCE 84
3.1 Overview of some features of the adoption situation in Thua Thien Hue
Thien Hue from 2001 to 2011 84
3.1.1 Overview of natural conditions 84
3.1.2 General situation of adoption in Thua Thien Hue province 85
3.1.3 Circumstances under which children are given up for adoption 95
3.1.4 The issue of actual adoption without registration 101
3.1.5 On the implementation of parent-child relations between the parties when raising
Adopted children recognized in Thua Thien Hue province 106
3.2 Some difficulties and obstacles in implementing the law on animal husbandry
adopted children in Thua Thien Hue province in recent years 110
3.2.1 Difficulties and obstacles in solving the problem of raising
adopted child 110
3.2.2 Causes of difficulties and problems 122
3.3 Some recommendations to ensure the effectiveness of adoption in Thua Thien Hue province 125
3.3.1 Need to improve the law on adoption 125
3.3.2 Strengthening the role of the Central Adoption Agency 127
3.3.3 About the mechanism 128
3.3.4 Issues of local implementation 129
CONCLUSION 131
REFERENCES 132
LIST OF ABBREVIATIONS
: | Civil Code | |
Socialist Republic of Vietnam | : | Socialist Republic |
HN&GĐ | : | Marriage and family |
ISS | : | International Social Service Organization (International Social Service) |
Court | : | People's Court |
People's Committee | : | People's Committee |
Hague Convention 1993 | : | Hague Convention on the Protection of Children and the Rights of the Child cooperation in the field of international adoption |
Adoption Law | : | Law on Adoption No. 52/2010/QH12 June 17, 2010 |
Law on Marriage and Family | : | Law on Marriage and Family No. 22/2000- QH10 June 22, 2000 |
Decree No. 68/2002/ND-CP | : | Decree No. 68/2002/ND-CP dated July 10, 2002 of the Government detailing the implementation of a number of articles of the Law on Marriage and Family on Marriage and family relations with foreign elements |
Decree No. 158/2005/ND-CP | : | Decree No. 158/2005/ND-CP dated December 27, 2005 of the Government on registration and household registration management |
Decree No. 69/2006/ND-CP | : | Decree No. 69/2006/ND-CP dated July 21, 2006 amending and supplementing a number of articles of Decree No. 68/2002/ND-CP |
Decree No. 76/2006/ND-CP | : | Decree No. 76/2006/ND-CP dated February 8, 2006 of the Government on penalties for violations administrative violations in the judicial field |
Decree No. 60/2009/ND-CP | : | Decree No. 60/2009/ND-CP dated July 23, 2009 of the Government on administrative sanctions main in the judicial field |
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: | Decree No. 19/2011/ND-CP dated March 21, 2011 of the Government detailing implementing a number of articles of the Law on Adoption | |
Circular No. 08/2006/TT-BTP | : | Circular No. 08/2006/TT-BTP dated December 8, 2006 of the Ministry of Justice guiding the implementation of a number of regulations on child custody foreign element farming |
Circular No. 01/2008/TT-BTP | : | Circular No. 01/2008/TT-BTP dated June 2, 2008 of the Ministry of Justice on guidance for the implementation of Decree No. 158/2005/ND-CP |
Circular No. 12/2011/TT-BTP | : | Circular No. 12/2011/TT-BTP dated June 27, 2011 of the Ministry of Justice on promulgation and guidance on recording, archiving, use adoption form |
INTRODUCTION
1. Urgency of the research topic
Adoption is a social phenomenon that occurs in all countries and is regulated by the laws of all countries. The adoption regime is of special interest to countries and the international community because it is a necessary legal protection to ensure the best interests of children in special circumstances who need a family home, while meeting the legitimate needs of adoptive parents such as: infertile couples, single women...
The issue of adoption has always been of concern to the Vietnamese Government and at each certain stage the State issues legal documents to regulate adoption relationships. In 2010, the Law on Adoption was passed by the National Assembly of the Socialist Republic of Vietnam and this is the first law on adoption in Vietnam.
In recent years, the law on adoption in our country has made an important contribution to ensuring the implementation of children's rights to be cared for, nurtured and educated in a family environment; encouraging and arousing the humanitarian spirit of the Vietnamese people; preserving and promoting the tradition of mutual love and support among the people, protecting the legitimate rights and interests of adoptive parents, helping them to stabilize their thinking and feel secure in raising and caring for adopted children as their own children. However, in reality, the understanding and implementation of the regulations on adoption are still incorrect and incomplete, and there are even violations that directly affect children's rights, especially the rights of children to be adopted. In the process of carrying out adoption procedures, especially in the adoption of children by foreigners, there are also violations of the law such as intentionally falsifying the origin of children, not ensuring the right to find relatives of children.