Question: I am UK citizen and have an intention of adopting a child from Vietnam, please advise this?

Answer: It is our understanding that you have an intention of adopting a child from Vietnam and thus you intend to engage a professional law firm to assist you in the case. Regarding to your request, we would like to present to you our legal service proposal as follows:

I.PRELIMINARY ADVISORY

According to the law of Vietnam, foreigner can adopt an introduced adoptee of Department of International Adoption (DIA) or a specific child with definite conditions in Vietnam Law on Adoption. Particularly, foreigner satisfying one following conditions shall be entilted to adopt a Vietnamese Child:

(a)              Foreigners permanently residing in the countries being contracting parties to an adoption treaty along with Vietnam adopt a Vietnamese child or

(b)             Foreigners who intend to adopt a specific child in which the adopter (i) is the step father or step mother of the to-be-adopted child; the natural aunt or uncle of the to-be-adopted child; currently working or studying in Vietnam for at least 1 year or (ii) has adopted a child who is a sibling of the to-be-adopted child or (iii) adopts a child who is disabled or infected with HIV/AIDS or another dangerous disease;

As UK is not the contracting party to any adoption treaty along with Vietnam and you have been working in Vietnam for 2 years, you are entitled to adopt a specific Vietnamese Child. Under Vietnam Adoption Law 2010, conditions and administrative procedure for adopting a Vietnamese Child as follows:

1.1.      Conditions of adopter:

An adopter must fully meet the following conditions:

§                     Having full civil act capacity;

§                     Being 20 years or more older than the adoptee;

§                     Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adoptee.

§                     Having good ethical qualities.

1.2.      Necessary Documents to apply for adoption of a specific child in Vietnam :

·                    A written request for adoption, i.e, generally, a letter from the British Government to support your adoption application for your case;

·                    A copy of the passport or equivalent documents;

·                    A written permission for adopting a person in Vietnam;

·                    A completed questionnaire on psychology and family;

·                    A health certificate;

·                    An income and property certificate;

·                    A judicial record sheet;

·                    A written certification of the marital status;

·                    A document evidencing that you have been living and working in Vietnam for 2 years.

You must comply with the conditions for adopter of UK law and follow the UK procedure to apply for the British nationality for the adoptee.

2.         SERVICE PROVIDED BY S&B LAW AND FEE:

2.1.      SERVICES OF SBLAW

Under Vietnam Law, a law firm or lawyer office is not permited to represent for its client on searching or working with competent authoirity for the purpose of adoption of Vietnamese Child. Thus, we would like to confirm that our services on this matter only comprise:

–         Providing all legal advices on all legal aspect on adoption in Vietnam.

–         Assisting you in preparing necessary documents for adoption in Vietnam.

We do not intend to act as your representative in searching children to be adopted or working with representative(s) of children to be adopted or proceeding other administrative procedures at the competent authorities for such purposes.

2.2.            PROFESSIONAL FEE

We generally calculate fees based upon the hourly rates of the attorneys, legal assistants and other timekeepers who perform services for you. Any such hourly rate and adjustment will be reflected in the billing statements presented to the you. Billing rates for attorneys at the Firm currently range from US$60 to US$90 per one hour. A complete timekeeper billing rate schedule is available upon request. Time for which charges apply includes but is not limited to telephone calls, correspondence, meetings, legal analysis and research, review and drafting of documents, depositions, conferences and travel.

If you would like further information on Adoption procedure in Vietnam, please either email to our Partners at: info@sblaw.vn or call to our Office:

Ha Noi Office: +84 (4) 62 62 0246

HCM Office: +84 (8) 35 208 101.

– See more at: http://www.sblaw.vn/entry/adoption-procedure-in-vietnam#sthash.uuJXmNC9.dpuf

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