Ngày cập nhật: 23/06/2014
Tư vấn và chứng thực của luật sư về việc nhận nuôi cháu Nguyễn Thị Lan của ông bà Cameron Robert McHale và bà Jill Suzanne McHale
LEGAL DECLARATION – CIT ADOPT Form B Department of Internal Affairs
For the purposes of
establishing compliance with section 17 of Adoption Act 1955 as required by section
3 (2) of the Citizenship Act 1977.
THIS FORM
IS TO BE COMPLETED BY A SOLICITOR, ATTOURNEY, MAGISTRATE, JUDGE, OR A PUBLIC
OFFICIAL FULLY CONVERSATIONAL 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 Nguyen Thi Lan,
born on 3rd of April 2012 at Sao Do Ward, Chi Linh Small Town, Hai Duong
Province of Provincial Center of Social Protection and Nursing of Hai Duong by Cameron
Robert McHale and Jill Suzanne McHale as evidence by the attached:
·
Certificate of Conformity of Inter-country
Adoption made by the Department of Adoption and of the Ministry of Justice on 2nd
October 2013.
·
Nguyen Thi Lan’s Birth Certificate made by the
Commune People’s Committee of Sao Do Ward, Chi Linh Small Town, Hai Duong
Province
·
Decision 2076/QD-UBND on assignment of Vietnamese
child for inter-country adoption made on 13th September 2013 by the
Provincial People’s Committee of Hai Duong province.
·
Minutes of Handover made on 18 September 2013 by
the Provincial Department of Justice, the Provincial Center of Social
Protection and Nursing of Hai Duong Province and by Cameron Robert McHale
and Jill Suzanne McHale
·
Nguyen Thi Lan’s Health Certificate made on 28
March 2013 by Hanoi French Hospital
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 41, which in particular, refers to adoption by foreigners permanently residing in Vietnam
AND
1.
In consequence of the adoption, the adoptive
parents had, or would have had, 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.
AND
2.
a right superior or equal with that of any
natural parent in respect of property of Nguyen Thi Lan, 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:_____________________________________________________
Date:____________________________
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 Cameron
Robert McHale and Jill Suzanne McHale have had adhered to the following
articles under the Vietnam Law on Adoption and Circular 19/2011/ND-CP
Article
41. Adoption by foreigners permanently residing in Vietnam
1.
Articles 14. 15. 16, 17, 18. 21, 23, 24, 25, 26 and 27 of this Law are
applicable to foreigners permanently residing in Vietnam and seeking to adopt a
child in Vietnam.
2. The
dossiers of the adopting person and person introduced for adoption shall be
submitted to the provincial-level Justice Department of (the place in which the
person introduced for adoption permanently resides. The provincial-level
Justice Department shall examine the dossiers and consult persons referred to
in Article 21 of this Law.
If
seeing that the adopting person and person introduced for adoption are eligible
under this Law, the provincial-level Justice Department shall submit their
dossiers to the provincial-level People's Committee for consideration and
decision.
3.
Within 15 days after receiving the dossiers from the provincial-level Justice
Department, the provincial-level People's Committee shall decide to allow the
foreigner permanently residing in Vietnam to adopt the child; in case of
refusal, it shall reply in writing clearly stating the reason to the adopting
person.
4.
Immediately after receiving the provincial-level People's Committee's decision,
the provincial-level Justice Department shall register the adoption under the
law on civil status registration and organize a child delivery and receipt
ceremony at its head office in the presence of a representative of the provincial-level
Justice Department, the adopted child, the adoptive parents, a representative
of the nurturing center, for children living in nurturing centers, or the
natural parents or the guardian of the child, for children living with their
families. If the adopting person fails to come to receive the child without a
plausible reason, the provincial-level People's Committee shall cancel the
decision to allow the foreigner's adoption.
The
delivery and receipt of an adopted child must be recorded in a minutes bearing
the signatures or fingerprints of the involved parties and the representative
of the provincial-level Justice Department.
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;
Article
17. A dossier of an adopting person comprises:
1. A
written request for adoption;
2. A
copy of the passport or identity card or a valid substitute paper;
3. The
judicial record sheet;
4.
Written certification of the marital status;
5. A
health certificate granted by a district-or higher-level health agency; a
written certification of family circumstances and housing and economic
conditions granted by the commune-level People's Committee of the place in
which the adopting person permanently resides, except for the case specified in
Clause 3, Article 14 of this Law.
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.
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;
e) 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.