The Memorandum of Agreement expired primarily due to ongoing concerns by both the Governments of the United States and Vietnam about fraudulent adoption practices.  U.S. field investigations have revealed incidents of serious adoption irregularities, including forged or altered documentation, cash payment to birth mothers (for other than reasonable payments for necessary activities such as administrative, court, legal, translation, and/or medical services related to the adoption), coercion or deceit to induce the birth parent(s) to release children to an orphanage, and children being offered for intercountry adoption without the knowledge or consent of their birth parents.  During the month of June 2008, some children were reunited with their families after investigations by the U.S. Embassy in Vietnam revealed that the birth parents had not consented to their adoption.  In August, Vietnamese officials confirmed media reports that 24 individuals have been arrested and charged throughout Vietnam for documentation fraud and child trafficking instances related to intercountry adoption. 

Joint Commitment to a New Agreement
Though the Memorandum of Agreement has expired, the Governments of the United States and Vietnam are strongly committed to negotiating a new bilateral agreement that addresses the deficiencies in the current system.  Both governments acknowledge the complexity of these issues and the importance of developing a transparent adoption system that protects the fundamental rights of all parties.   

http://www.adoption.state.gov/news/vietnam.html