Ngày cập nhật: 11/06/2014
Tư vấn và chứng thực của luật sư về việc nhận con nuôi là cháu Hoàng Đình Long Vũ và Nguyễn Huyền Trang của bà Sally Louise Gardner
Chứng thực của luật sư về việc nhận nuôi cháu Hoàng Đình Long Vũ
LEGAL DECLARATION – CIT ADOPT Form
B
Department of Internal Affairs
"For the purposes of establishing compliance with paragraphs 309A-
312 of United Kingdom
Immigration Rules, HC395 as amended, as currently in force.”
THIS FORM
IS TO BE COMPLETED BY A SOLICITOR, ATTORNEY, MAGISTRATE, JUDGE, OR A PUBLIC
OFFICIAL FULLY CONVERSANT IN THE LAW OF THE COUNTRY IN WHICH THE ADOPTION WAS
MADE.
My name is PHAN
THI HUONG THUY and I am the Director of Hoang Long Law Firm, 768 Minh Khai Street,
VinhTuy Ward, Hai Ba Trung District, Hanoi
City, Vietnam.
I gained my law degree from Lomonoxop University – Russia
in 1984 and my PhD on Law in Vietnam
in 2003 and I have been practicing law in Vietnam for 25 years and have
worked in the adoption field for 7 years. I have also, on behalf of the Hanoi
Bar of Justice, participated and contributed to the development of the Vietnam
Law on Adoption (2011). I hereby affirm that:
The
adoption of HOANG DINH LONG VU, born on 25th of
April 2011 at Hai Duong City Hospital, Hai Duong Province by Ms.
Sally Louise Gardner evidence by the attached:
·
Certificate of Conformity of Inter-country
Adoption made by the Department of Adoption and of the Ministry of Justice on 5th
of October 2012. It is noted that the term “Inter-country Adoption” stands for
“Adoption made by any Foreigner - not just foreigners who live outside of Vietnam ” and
is used to differentiate from “Adoption made by Vietnamese”. As a matter of
fact, the Department of Adoption has given such a “Certificate of Conformity of
Inter-country Adoption” to all adoptions made by foreigners.
·
HOANG DINH LONG VU’s Birth Certificate
made by the People’s Committee of Cam Thuong Ward, Hai
Duong City,
Hai Duong Province
·
Decision 1914/QD-UBND on assignment of Vietnamese
child for inter-country adoption made on 23th August 2012 by the Provincial
People’s Committee of Hai Duong province.
·
Minutes of Handover made on 29 August 2012 by the
Provincial Department of Justice, the Provincial Center of Social Protection of
Hai Duong Province and by SALLY LOUISE GARDNER
·
HOANG DINH LONG VU’s Health Certificate
made on 26th of October 2012 by Hanoi French
Hospital
·
Minutes of Consent dated 26th April
2011 giving up HOANG DINH LONG VU to the orphanage for adoption by his
mother – Ms. Hoang Thi Thuy Hang and the Director of the Center for
Humanitarian Activities of Hai Duong Redcross Association – Mr. Nguyen Thanh
Binh, with witness and certification of Ms. Hoang Thi Thuy Hang’s
Parents – Mr. Hoang Kim Tu and Mrs. Nguyen Thi Vy
IS LEGALLY
VALID according to the law of The Socialist Republic of Vietnam as provided by
Vietnam Law on Adoption and Circular 19/2011/ND-CP, under Article 28.2.đ and
Article 31, which in particular, refers to adoption
by foreigners permanently residing abroad
and currently working or studying in Vietnam for at least
1 year seeking to adopt a Vietnamese. I
further affirm that in consequence of the adoption the adoptive parent, Ms.
Sally Louise Gardner:
1. has
immediately following the adoption, according to the law of Vietnam, a right
superior to that of any natural parent of the adopted person in respect of
custody of the said child; and
2. a right superior or equal with that of any natural
parent in respect of property of HOANG DINH LONG VU,
which was capable of passing to his parents, in the event of his dying
intestate without other next of kin and domiciled in the country of Vietnam.
Signed:
Phan Thi Huong Thuy
Date: 6 May 2014-05-03 Place: Hanoi
OFFICIAL SEAL
OR NOTARIAL
SEAL
(where declarant
is Magistrate (where
declarant is Judge, or Public official) Attorney
or Solicitor)
Appendix A – Pertinent Articles to this case
In this
case Ms. SALLY LOUISE GARDNER has adhered to the following articles under the Vietnam
Law on Adoption and Circular 19/2011/ND-CP
Article
28. Cases of inter-country adoption
1.
Overseas Vietnamese, foreigners permanently residing in the countries being
contracting parties to an adoption treaty along with Vietnam adopt a Vietnamese child.
2. Overseas Vietnamese, foreigners permanently
residing abroad may adopt a specific child in the following cases:
a)
He/she is the step father or step mother of the to-be-adopted child;
b)
He/she is the natural aunt or uncle of the to-be-adopted child;
c)
He/she has adopted a child who is a sibling of the to-be-adopted child;
d)
He/she adopts a child who is disabled or infected with HIV/AIDS or another
dangerous disease;
đ)
He/she is a foreigner currently working or studying in Vietnam for at
least 1 year;
3.
Vietnamese citizens permanently residing in the country adopt a foreign child.
4.
Foreigners permanently residing in Vietnam
adopt a child in Vietnam.
Article
31. Dossiers of adopting persons
1.
A dossier of an overseas Vietnamese or a foreigner permanently residing abroad
seeking to adopt a Vietnamese must comprise:
a)
A written request for adoption;
b)
A copy of the passport or a valid substitute paper;
c)
A written permission for adopting a person in Vietnam;
d)
A completed questionnaire on psychology and family;
e)
A health certificate;
f)
An income and property certificate;
g)
A judicial record sheet;
h)
A written certification of the marital status;
i)
A document evidencing the case of adoption of a specific child specified in
Clause 2, Article 28 of this Law.
Article
14. Conditions on adopting persons
1.
An adopting person must fully meet the following conditions:
a)
Having full civil act capacity;
b)
Being 20 years or more older than the adopted person;
c)
Having health, financial and accommodation conditions for assuring the care for
and nurture and education of the adopted child.
d)
Having good ethical qualities.
Article
15. Responsibility to find substitute families for children
1.
In case a child cannot be nurtured in the origin family environment, a
concerned agency, organization or individual shall find a substitute family for
the child.
2.
The finding of a substitute family for a child is stipulated as follows:
a)
For an abandoned child, the People's Committee of the commune in which the
child is found shall find a person or an organization to temporarily nurture
the child: if a person seeks to adopt the child, the People's Committee of the
commune in which the child is found shall consider and settle the adoption
under law; if nobody seeks to adopt the child, the commune-level People's
Committee shall compile a dossier for sending him/her to a nurturing center;
b)
For an orphan who has no caretaker or a child who has natural parents and
relatives who, however, are unable to nurture the child, the guardian, natural
parents or relatives shall report this to the commune-level People's Committee
of the place in which the child permanently resides for finding a substitute
family for the child.
Article
21. Consent to adoption
1.
Adoption must be consented to by the natural parents of the person to be
adopted; if a natural parent is dead or missing or has lost civil act capacity
or is unidentifiable, consent of the other must be obtained; if both natural
parents are dead or missing or have lost civil act capacity or are
unidentifiable, consent of the guardian must be obtained; for adopting a child
aged full 9 years or older, his/her consent must be also obtained.
Article
24. Consequences of adoption
1. From
the date of delivery and receipt of an adopted child, the adoptive parents and
adopted child will have all the rights and obligations between parents and
child; and the adopted child and other members of the adoptive parents family
will also have the rights and obligations between them under the law on
marriage and family, the civil law and other relevant laws.
2. The
nationality of an adopted abandoned child shall be determined according to the
nationality of the adoptive parents.
Chứng thực của luật sư về việc nhận nuôi cháu Nguyễn Huyền Trang
LEGAL DECLARATION – CIT ADOPT Form
B
Department of Internal Affairs
"For
the purposes of establishing compliance with paragraphs 309A- 312 of United Kingdom
Immigration Rules, HC395 as amended, as currently in force.”
THIS
FORM IS TO BE COMPLETED BY A SOLICITOR, ATTORNEY, MAGISTRATE, JUDGE, OR A
PUBLIC OFFICIAL FULLY CONVERSANT IN THE LAW OF THE COUNTRY IN WHICH THE
ADOPTION WAS MADE.
My
name is PHAN THI HUONG THUY and I am the Director of Hoang Long Law
Firm, 768 Minh Khai Street,
Vinh Tuy Ward, Hai Ba Trung District, Hanoi
City, Vietnam.
I gained my law degree from Lomonoxop University – Russia
in 1984 and my PhD on Law in Vietnam
in 2003 and I have been practicing law in Vietnam for 25 years and have
worked in the adoption field for 7 years. I have also, on behalf of the Hanoi
Bar of Justice, participated and contributed to the development of the Vietnam
Law on Adoption (2011). I hereby affirm that:
The
adoption of NGUYEN HUYEN TRANG, born on 14th of
October 2009 at Hung Thanh Ward, Tuyen Quang Township, Tuyen Quang
Province by Ms. Sally Louise Gardner evidence by the
attached:
·
NGUYEN HUYEN TRANG’s
Birth Certificate made by the People’s Committee of Hung Thanh Ward, Tuyen
Quang Township, Tuyen Quang Province
·
Decision 95/QD-UB
on assignment of Vietnamese child for inter-country adoption made on 08/04/2010
by the Provincial People’s Committee of Tuyen Quang province.
·
Minutes of Handover made on 9th
April 2010 by the Provincial Department of Justice, the Provincial Center of
Social Protection of Tuyen Quang Province and by SALLY LOUISE GARDNER
·
NGUYEN HUYEN TRANG’s
Health Certificate made on 04/03/2010 by Hanoi French
Hospital
·
Minutes of Abandon dated 15/10/2009
made by the Social Protection Center of Tuyen Quang province and the People’s
Committee of Hung Thanh Ward, Tuyen Quang Township,
Tuyen Quang Province.
·
Minutes of Consent to adoption dated
25/03/2010 made by the Director of the Social Protection Center of Tuyen Quang
Province. As Nguyen Huyen Trang was abandoned, the Director of the Social Protection
Center would act as
Nguyen Huyen Trang’s guardian to give the consent to adoption.
IS
LEGALLY VALID according to the law of The Socialist Republic of Vietnam as
provided by Vietnam Law on Marriage and Family, Government
Decrees No. 68/2002/ND-CP dated 10 July, 2002 and No. 69/2006/ND-CP dated 21
July 2006 detailing the implementation of a number of articles of the marriage
and family, under Article 1 (8),(9) of Decree No 69/2006/ND-CP amending
and supplementing Article 35.3.a, Article 36.2.a of Decree No.68/ND-CP which in
particular, refers to adoption by foreigners
permanently residing overseas and having worked or studied in Vietnam for 6
months or more applying for adoption of a Vietnamese abandoned child. I further affirm that in consequence of the adoption the adoptive
parents, Ms. Sally Louise Gardner:
1. have immediately following the adoption, according to the
law of Vietnam, a right superior to that of any natural parent of the adopted
person in respect of custody of the said child; and
2. a right superior or equal with
that of any natural parent in respect of property of Nguyen Huyen Trang, which
was capable of passing to her parents, in the event of her dying intestate
without other next of kin and domiciled in the country of Vietnam.
Signed:
Phan Thi Huong Thuy
Date: 6 May 2014 Place: Hanoi
OFFICIAL
SEAL
OR NOTARIAL
SEAL
(where
declarant is Magistrate (where
declarant is Judge, or Public official Attorney
or Solicitor)
Appendix
A – Pertinent Articles to this case
In
this case Ms. SALLY LOUISE GARDNER
has had adhered to the following articles under the Vietnam Law on Marriage and Family and the Government Decree No. 69/2006/ND-CP dated 21 July 2006 amending and
supplementing a number of articles of Decree No. 68/2002/ND-CP of July 10,
2002, detailing the implementation of a number of articles of the Law on Marriage
and Family.
Article 1.
To amend and supplement a
number of articles of the Government's Decree No. 68/2002/ND-CP of July 10,
2002, detailing the implementation of a number of articles of the Marriage and
Family Law regarding the marriage and family relations involving foreign
elements as follows:
8. To amend and
supplement Article 35 as follows:
"Article 35. Principles
for child adoption settlement
1. The letting of
children to be adopted and the adoption of children can be carried out only in
the spirit of humanitarianism, aiming to ensure the best interests for children
and the respect for their fundamental rights.
It is strictly forbidden
to take advantage of child adoption for the purposes of exploiting child labour,
sexually abusing or trafficking in children or for purposes other than child
adoption; it is also strictly forbidden to abuse the introduction, settlement
and registration of child adoption for self-seeking purposes or illicit
material benefits.
2. Foreigners permanently
residing overseas and applying for adoption of Vietnamese children shall be
considered for settlement if Vietnam
and the foreign countries where such foreigners permanently reside are
contracting states to a bilateral or multilateral international agreement on
child adoption cooperation.
3. Foreigners permanently
residing overseas and applying for adoption of Vietnamese children but the countries where they permanently reside and Vietnam
have not yet been contracting states to a bilateral or multilateral
international agreement on child adoption cooperation, may also be considered
for settlement if they fall into one of the following cases:
a/ Having worked
or studied in Vietnam
for 6 months or more;
b/ Their wives,
husbands, or fathers or mothers being Vietnamese citizens or of Vietnamese
origin;
c/ Being
next-of-kin or relatives of the to be-adopted children or their currently
adopted children being blood siblings of the to be-adopted ones.
d/ Foreigners
falling into cases other than those mentioned at Points a, b and c of this
Clause but applying for adoption of handicapped or disabled children, children
having lost their civil act capacity, children being victims of toxic chemicals
or affected by HIV/AIDS or infected with other dangerous diseases, who are
living in lawfully set up nurturing establishments, or children defined in
Clause 3, Article 36 of this Decree shall also be considered for handling;
e/ Other cases as
decided by the Justice Minister."
9. To amend and
supplement Article 36 as follows:
"Article 36.
Children to be adopted
1. Children to be adopted
must be aged fifteen or younger. Children aged between over fifteen and under
sixteen can be adopted only if they are disabled or have lost their civil act
capacity.
Children can only be
adopted by one person or two persons being husband and wife. Such husband and
wife must be persons of different sexes and bound together by marital
relations.
2. Children to be adopted
are those living in nurturing establishments lawfully set up in Vietnam,
including:
a/ Abandoned
children;
b/ Orphans;
c/ Handicapped or
disabled children;
d/ Children who
have lost their civil act capacity;
e/ Children being
victims of toxic chemicals;
f/ Children
affected by HIV/AIDS;
g/ Children
suffering from other dangerous diseases;
h/ Other children
who are admitted to nurturing establishments under the provisions of law.
3. Children living in
families may also be considered for adoption by foreigners if they are orphans;
handicapped or disabled children; children who have lost their civil act
capacity; children suffering from other dangerous diseases; children being
victims of toxic chemicals; children affected by HIV/AIDS; children who are
relatives or next-of-kin of the applicants or who have blood siblings being
adopted by the applicants.
4. Handicapped or
disabled children, children being victims of toxic chemicals, children affected
by HIV/AIDS or infected with other dangerous diseases who are being treated
overseas shall be considered for adoption if there are foreigners wishing to
adopt them."
10. To amend and
supplement Article 41 as follows:
"Article 41. Child
adopters' dossiers
1. The dossier of a
foreign applicant for adoption of a Vietnamese child (children) shall comprise
the following papers:
a/ The
application for adoption of a Vietnamese child (children), made according to a
set form;
b/ The notarized
or authenticated copy of the applicant's passport or substitute paper such as
laissez-passer or residence card;
c/ The valid
permit granted by the competent body of the country where the applicant
permanently resides, allowing him/her to adopt children. In cases where this
type of permit is not granted by the country of permanent residence of the
applicant, it shall be substituted for by a written certification of full
satisfaction of conditions for child adoption according to the law of that
country;
d/ The
investigation report on psychological, family and social conditions of the
applicant, granted by the competent organization of the country where such
applicant permanently resides;
e/ The written
certification issued by a competent health organization of the country, where
the applicant permanently resides, or by a Vietnamese health organization of
the provincial or higher level within 6 months counting to the date the dossier
is received, which states that such person is in good health and not suffering
from mental diseases or other diseases which render him/her incapable of being
aware of or controlling his/her acts, or infected with contagious diseases;
f/ The written
certification of the applicant's income, proving that he/she can afford child
adoption;
g/ The
applicant's judicial record card, issued by the competent agency of the country
where he/she permanently resides, within 12 months counting to the date the
dossier is received;
h/ The copy of
the applicant's marriage certificate, in cases where he/she is a spouse in the
marital period;
i/ Child adoption
applicants in the cases defined at Points a, b and c, Clause 3, Article 35 of
this Decree must have suitable papers as proof, issued by the competent agency
of Vietnam or the country where he/she permanently resides.
2. The papers prescribed
in Clause 1 of this Article shall be compiled in 2 sets of dossier.
Where foreigners applying
for adoption of Vietnamese children fall into the cases defined in Clause 2,
Article 35 of this Decree, their child adoption dossiers must be submitted by
the concerned foreign competent agencies or organizations to the International
Child Adoption Agency.
Where foreigners applying
for adoption of Vietnamese children fall into the cases defined in Clause 3,
Article 35 of this Decree, they must personally submit their child adoption
dossiers to the International Child Adoption Agency.
11. To amend and
supplement Clause 1 of Article 42 as follows:
"1. Within 7 days as
from the date of receiving the complete dossiers and charges, the International
Child Adoption Agency shall examine and consider the entire dossiers.
In cases where the
dossiers are incomplete or invalid, the International Child Adoption Agency
shall notify the child adoption applicants thereof for supplementation and
finalization of the dossiers."
12. To amend and
supplement Article 44 as follows:
"Article 44.
Dossiers of to be-adopted children
1. The dossier of a to
be-adopted child shall comprise the following papers:
a/ The notarized
or authenticated copy of the child's birth certificate;
b/ The written
agreement to let the child be adopted, signed by the persons defined in Clause
4 of this Article;
c/ The written
certification by the health organization of the district or higher level of the
child's health conditions;
d/ Two color
photos of the child, taken at full-length, of 10cm x 15cm or 9cm x 12cm size.
2. For children living in
lawfully set up nurturing establishments, in addition to the papers prescribed
in Clause 1 of this Article, the to be-adopted children's dossiers must also
include decisions of agencies or organizations competent to admit such children
in nurturing establishments, written records on the consignment of the children
into nurturing establishments and papers corresponding one of the following
cases:
a/ For an
abandoned child, the report on the affair, made by the person that has detected
the abandoned child; child abandonment record (certified by the local police or
local administration); the paper evidencing that the child abandonment has been
announced on the mass media (of the provincial or higher level) for 30 days but
no relative has come to receive the child;
b/ For an orphan,
the notarized or authenticated copy of the death certificates of his/her
natural parents;
c/ For a child
whose parents have lost their civil act capacity, the notarized copy of the
court's legally effective judgment or decision, declaring that his/her natural
parents have lost their civil act capacity.
3. For children living in
families, in addition to the papers defined in Clause 1 of this Article, there
must also be notarized or authenticated copies of household registration books
or definite temporary residence certificates of their natural parents or
guardians who are nurturing such children.
4. The following persons
can sign written agreement on child adoption:
a/ The heads of
the nurturing establishments lawfully set up in Vietnam voluntarily agree to let
the adoption of children living in such establishments. In cases where the
father and/or mother of a child are/is still alive, there must also be the
written voluntary agreement of the father and/or mother of that child, except
for the cases defined at Points a and c, Clause 2 of this Article or when such
child was consigned into the nurturing establishment with his/her parents'
written agreement to voluntarily let him/her be adopted;
b/ The natural
parents of a child may voluntarily agree to let their child who is living in
their family be adopted. If a parent of the child has died or lost his/her
civil act capacity, only the agreement of the surviving parent is required.
Where both parents of the child have died or lost their civil act capacity,
there must be the consent of the guardian of that child.
c/ For children
of full nine years of age or older, his/her written consent on adoption is
required (which can be stated in the paper defined at Point a or b of this
Clause).