The New Agreement Between Vietnam and the US

Vietnam's history goes back more than 2,500 years, to a time when it was part of the Chinese Empire. Vietnam became an independent kingdom in the early 10th century, and gained autonomy in the 11th century. The native dynastic period ended for Vietnam in the middle of the 19th century, when the country was invaded by France, and then by Japan in the 20th century. Vietnam regained sovereignty in 1954, but a war ensued causing the new nation to split for a brief period of time.

Today, Vietnam is home to more than 81 million people. In 2002, 766 Americans completed adoptions of children born in Vietnam. However, all adoptions by Americans of Vietnamese children are currently on hold due to new Vietnamese regulations regarding international adoption.

In July 2002, the Prime Minister of Vietnam promulgated Decree #68/2002, “Marriage and the Family in Vietnam.” Implemented on January 2003, this decree includes a new process for international adoptions that became effective immediately. Until the U.S. (and U.S. adoption agencies) meet the requirements of this new Vietnamese adoption decree, no international adoptions by Americans can be processed in Vietnam. The new Vietnamese adoption decree includes these main provisions:

1. A Memorandum of Understanding on international adoption must be formulated and signed by the governments of the U.S. and Vietnam in order for adoptions to continue;
2. Foreign adoption agencies must be licensed in their own country and in Vietnam, and these adoption agencies must maintain offices in Vietnam supporting humanitarian projects; and
3. All international adoptions in Vietnam will be processed through a new Central Authority at the Ministry of Justice.

Although families who have already received referrals and filed their paperwork in Vietnam are continuing to be processed, adoption agencies will not be able to make new referrals to American families until the U.S. State Department and the Vietnamese government sign the Memorandum of Understanding.

Ed. Note: The new protocal was signed in the summer of 2005 and implementation is awaited.

To see the actual agreement