The orphanage must demonstrate that the child’s biological parent(s), guardian(s), or whoever has legal custody of the child have irrevocably released the child for foreign adoption. In some cases, the orphanage may already have such a release statement on file. Otherwise, the orphanage must obtain the release statement from the parent(s) or guardian(s). The orphanage director then signs a document stating that the orphanage consents to release the child, either to the prospective adoptive parents or their agents. The prospective parents' names should be specified in the Vietnamese version of this document.

After the agency has obtained all the documents required for the adoption, the agency will present the “dossier” to the Justice Department of the province in which the child has been living. The provincial Justice Department in turn coordinates with the provincial Department of Public Security (police) to review the application, investigate the circumstances under which the child became an orphan, and review the adoption process to ensure than no illegal inducements were provided for the adoption. The provincial Department of Public Security must investigate the proposed adoption within 30 days from the date of the initial request from the Justice Department. This limit can be extended by 15 days if additional investigation is required.

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