between adopted children and other family members. However, factors related to property rights have not been specifically regulated. The 2014 Law on Marriage and Family generally regulates the issue of guardianship and support between siblings without distinguishing between adopted siblings or biological siblings, but the 2005 Civil Code only regulates the issue of guardianship and support for biological siblings without regulating for adopted siblings. Thus, the different regulations between the Law on Marriage and Family and the Civil Code create inconsistent application in practical settlement. Therefore, there is a need for more specific guidance on this issue to create consistent application in practical settlement of arising events.
In addition, the Law does not recognize the inheritance relationship between adopted children and other members of the adoptive parents' family, but only regulates the inheritance of biological siblings, paternal and maternal grandparents. The above regulation has both reasonable and unreasonable points because:
+ The reasonable point is that because adoption is a legal event between adoptive parents and adopted children, it does not depend on the will of other family members, so the law only stipulates inheritance by law for blood relatives in the second order of inheritance and does not stipulate inheritance for adopted children.
+ The unreasonable point is that according to the provisions of the Law on Marriage and Family 2014, grandparents and siblings have the right and obligation to care for, raise and educate each other.
Therefore, the law should recognize some property rights of adopted children towards other family members in some specific cases, such as if the adopted child fulfills the obligation to care for and raise other family members according to the provisions of Article 103 of the Law on Marriage and Family 2014, he/she is entitled to inherit that property. Therefore, the law should have regulations and guidelines on this issue to ensure that adopted children are treated equally as other family members.
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other in the family, creating a sustainable, long-term relationship between adopted children not only with adoptive parents but also with other members.
*About the actual adoption registration fee
Previously, the adoption registration fee was very low compared to the cost of administrative activities serving this activity. With such a fee level, the State could not afford to cover the administrative costs for the services that the State provided to citizens. To overcome this situation, Decree No. 19/2011/ND-CP of the Government dated March 21, 2011 has regulated the adjustment of the adoption registration fee in accordance with the socio-economic conditions as well as the service activities for citizens of the State administrative agencies. The adoption registration fee is adjusted appropriately according to the target group (the domestic adoption registration fee is 400,000 VND/case; the foreign adoption registration fee is 9,000,000 VND/case...). In particular, the actual adoption registration will be exempted from the fee. Such regulation is one of the measures to mobilize and encourage people to register for actual adoption.
However, in order to encourage people to register for actual adoption within the time limit prescribed by law, while ensuring the state's funding for this activity, there must be consistent regulations for this activity. The author recommends that, along with extending the time limit for actual adoption registration, the fee regulations also need to be adjusted to suit each stage. For example, extending the time limit for actual adoption registration until 2020, this extension will collect adoption fees as for normal domestic adoption registration fees. Extending the time limit as above will be an effective measure to encourage people to register within the prescribed time limit while also providing additional funding to support actual adoption registration activities. However, fee exemptions are still applied in certain cases such as adoption registration in remote areas, ethnic minorities, etc.
stepfather, stepmother, adoptive father, paternal uncle, paternal aunt, paternal uncle adopts a nephew or niece, adopts a child as prescribed in Clause 1, Article 3 of Decree No. 19/2011/ND-CP dated March 21, 2011 detailing and guiding the implementation of a number of articles of the Law on Adoption.
*On the basis of actual termination of adoption
Clause 1, Article 25 stipulates as follows: "The adopted child has reached adulthood and the adoptive parents voluntarily terminate the adoption" . This is the basis for expressing the will of both parties, the adopted child and adoptive parents. However, the law does not clearly stipulate that in this case, it is necessary to have the will of both parties (adopted child and adoptive parents) or only one party is needed; for adoptive parents, must the will of both adoptive parents be agreed upon or only the adoptive father or mother needs to express the will?
In the author's opinion, when the parties no longer want to establish a parent-child relationship, the existence of the above relationship only has legal significance and the purpose of connecting family members has not been achieved. Therefore, when one of the two parties wants to terminate the adoption relationship, it can be considered and resolved.
According to the provisions of the 2010 Law on Adoption, in the case of a husband and wife applying to adopt a child, they must have the consent of the other person because the marriage relationship is a personal relationship, so the husband and wife must express their will and views on adopting a child. In addition, such a provision is to ensure that the adopted child truly has feelings and is attached to the family of the adoptive parents. Therefore, in order to terminate the adoption in this case, both husband and wife must express their intention to terminate the adoption. Therefore, it is recommended that Clause 1, Article 25 be amended as follows: "The adopted child has reached adulthood or both adoptive parents voluntarily terminate the adoption ."
CONCLUDE
The 2010 Law on Adoption took effect from January 1, 2011, and from that time on, the issue of adoption was officially legalized and had specific regulations to ensure that adoption events were recognized and protected by law. Resolving adoption is a complex issue but has profound social significance, demonstrating the nature of our state, always protecting the rights and legitimate interests of all people in society, strengthening trust in the Party and State we are building.
The regulations on actual adoption registration have shown that our country's law has made certain improvements in adoption. Up to now, actual adoption is entering the final stage of the registration period. However, the implementation process has certain shortcomings and limitations, and the author thinks that when the registration period expires, actual adoption is still an issue that the competent state agency must pay attention to and find a reasonable solution mechanism to protect the rights and legitimate interests of citizens. Therefore, the requirement is to summarize the practice and continue to research and approach the issue of adoption more in order to be able to issue legal documents to amend, supplement and legalize issues arising from actual adoption, contributing to ensuring that adoption will be carried out in accordance with the prescribed legal procedures and procedures and that no additional actual adoptions arise.
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