Humanity from Vietnam and Canada's cooperation in raising children

For the full and harmonious development of their personalities, children need to grow up in a family environment, in an atmosphere of happiness, love and understanding. Intercountry adoption has the advantage of providing a permanent family for children who cannot find a suitable family in their country of origin. It is therefore necessary to take measures to ensure that intercountry adoptions are carried out in the best interests of the child, with respect for the fundamental rights of the child and to prevent the procuring, sale or trafficking of children.

Vietnamese Ambassador to Canada Pham Vinh Quang speaks at the ceremony to hand over the appointment decision of the Chief Representative of Vietnam abroad for the 2023-2026 term at the Presidential Palace on February 24. (Photo: Nguyen Hong/TGVN)

To establish safeguards so that intercountry adoptions are carried out in the best interests of the child and with respect for the fundamental rights of the child as recognized in international law. To establish a system of cooperation between the two countries to ensure that these safeguards are respected and to prevent the enticement, sale, or trafficking in children.

In Canada, a federal state, there are different legal systems that apply to adoption in its provinces and territories. When we refer to permanent residence in Canada, we mean permanent residence or domicile in a Canadian province or territory. When we refer to Canadian law, we mean the law in force in the relevant Canadian province or territory.

References to a Canadian authority or public body mean a federal, provincial or territorial government agency, or any other body, authorized to operate in the field of intercountry adoption in the relevant province or territory of Canada. References to designated Canadian agencies or organizations mean designated agencies or organizations in the relevant province or territory of Canada.

VNU has had some cooperation with some Canadian partners, which are universities and government funds, to carry out research activities and train staff. Illustrative photo source: Internet

The Contracting Parties shall take measures in accordance with their laws and regulations to prevent the enticement, abduction, sexual exploitation, sale or trafficking in children for the purpose of adoption. The designated Central Authorities shall, directly or through public authorities, take all appropriate measures to prevent financial or other gain in connection with the adoption and to deter all practices contrary to the stated purpose.

For Vietnam, the designated Central Authority is the Department of International Adoption within the Ministry of Justice . For Canada, a federal State, Canada shall designate both a Central Authority at the federal level and a Central Authority in each of the Provinces and Territories to which this Agreement applies. These designated Central Authorities of Canada shall be notified to the Socialist Republic of Vietnam by diplomatic note.

The designated agency or organization shall pursue non-profit objectives only under the conditions and within the limits laid down by the competent authorities of the designated State. Adoptions shall only take place when the competent authorities of the State of origin have determined that the child is adoptable under its law. Adoptions shall only take place when the competent authorities of the receiving State have determined that the child is or will be permitted to enter and reside permanently in the receiving State.

Subject to the laws and regulations of the receiving State, a Contracting State may refuse to recognise an adoption only if the adoption is manifestly contrary to public policy, taking into account the best interests of the child. The Contracting States shall ensure that a child adopted in the receiving State shall enjoy rights equivalent to those resulting from adoption in the receiving State. Upon acquiring the nationality of the receiving State, the adopted child shall have the rights and benefits accorded to a child who is a national of the receiving State. The Central Authorities of the Contracting States shall keep each other informed of the adoption proceedings and of the measures taken to complete them.

Regarding the exchange of information, the Central Authorities must inform each other about the implementation and the identity of the designated agencies and organizations, as well as the measures taken to resolve difficulties that may arise during the implementation process. Any personal data collected or transferred will be used only for the purposes for which it was collected or transferred, or as required by law./.

Quynh Lien