Conditions of Foreigner on Adoption in Vietnam

 Nowadays, foreigners from other countries wish to child adoption in Vietnam and bring them up to his/her country for custody. Vietnam in the meantime encourages the adoption for the better conditions on life environment, education system which would bring to the children when living with the new family. However, the adoption conditions are still regulated strictly and its acceptance procedures are considered and controlled stringently by competent authorities of the Government.

ANT Lawyers will provide to you the regulated conditions of the adoptive parents need to be met as below:

GENERAL CONDITIONS OF THE ADOPTIVE PARENT

The adoptive parent has to meet fully conditions as below for adoption:

Having full civil act capacity;

Being 20 years or more older than the adopted person;

Having health, financial and accommodation conditions for assuring the care for and nurture and education of the adopted child.

Having good ethical qualities.

And not being one these following cases:

Having some of the parental rights over a minor child restricted:

Currently serving an administrative handling decision at an educational institution or medical treatment establishment;

Currently serving an imprisonment penalty:

Having a criminal record of commission of any of the crimes: intentionally infringing upon another’s life, health, dignity and honor; maltreating or persecuting one’s grandparents, parents, spouse, children, grandchildren or caretaker; enticing or compelling a minor to violate the law or harboring a minor violator; trafficking in. fraudulently swapping or appropriating children, which has not been remitted yet.

CONDITIONS OF THE FOREIGNER ADOPTIVE PARENTS

After meeting fully conditions above, Vietnamese living abroad, foreigners permanently living abroad will be entitled to adopt identified Vietnamese children if they fall into the following cases:

Being the step father or step mother of the to-be-adopted child;

Being natural aunt or uncle of the to-be-adopted child;

Having adopted a child who is a sibling of the to-be-adopted child;

Adopting a child who is disabled or infected with HIV/AIDS or another dangerous disease, including: children with cleft lip and cleft palate, children who are blinded with one or two eyes; mutism, deaf; dumb; children with curved arms or legs, children with missing fingers, hands, foot (feet), toes, children infected with HIV; children with heart diseases; children with navel, groin, belly hernia; children without an anus or sexual organ; children with blood disease; children with diseases requiring life-long treatment; children with other disabilities or dangerous disease which restricting the chances of adoption;

Being foreigners currently working or studying in Vietnam for at least 1 year.

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers have Law firm in Hanoi, Law firm in Ho Chi Minh and Law firm in Danang.

Nguồn:https://antlawyers.vn/legal-service/conditions-of-foreigner-on-adoption-in-vietnam.html

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How Foreigners Could Apply for Residence Permits? Advice from Immigration Lawyer in Vietnam

 It is important to make sure visa matches purpose of entrance to Vietnam. Immigration lawyer in Vietnam could help validate and advise.

In the current process of industrialization and international integration, it is common for foreigners to reside and work in Vietnam permanently or temporarily. In order to legally reside in Vietnam, a foreigner must be eligible to be granted a permanent residence card or a temporary residence card in accordance with Vietnam immigration law.

Temporary residence card in Vietnam

Temporary residence card is a document issued by an immigration management agency or a competent agency of the Ministry of Foreign Affairs to a foreigner who is allowed to reside in Vietnam for a definite time and has a valid temporary residence card visa replacement.

Subjects granted temporary residence cards in Vietnam include:

(i) Foreigners who are members of diplomatic missions, consular offices, representative offices of international organizations of the United Nations, inter-governmental organizations the government in Vietnam and their spouses, children under 18 years of age, and domestic servants who accompany them for their respective terms;

(ii) Foreigners enter with visas with symbols LV1, LV2, LS, DT1, DT2, DT3, NN1, NN2, DH, PV1, LD1, LD2, TT. Depending on each person who is granted a temporary residence card in Vietnam, the duration of the temporary residence card is different.

Foreigners who are eligible to be granted temporary residence cards in Vietnam according to the two subjects mentioned above must be sponsored and applied for residence card in Vietnam by the agencies, organizations, individuals at the Immigration Department or the Immigration Department Police Department of the province, centrally run city where the agency or organization sponsoring is headquartered or where the sponsored party resides.

Permanent residence card in Vietnam, can you get it?

It is very challenging to apply for the permanent residence card in Vietnam. The permanent residence is issued by the immigration authority to foreigners who are allowed to reside indefinitely in Vietnam and is valid in lieu of a visa.

Foreigners who are considered for permanent residence in Vietnam include:

(i) Foreigners who have made meritorious, contributions to the cause of construction and defense of the Vietnamese fatherland are awarded medals or titles by the Vietnamese government state honor;

(ii) Foreigners who are scientists, experts temporarily residing in Vietnam;

(iii) The foreigner is guaranteed by father, mother, wife, husband, child who are Vietnamese citizens who are permanently residing in Vietnam;

(iv) Stateless people who have temporarily resided continuously in Vietnam from 2000 or earlier.

At the same time, the following conditions must be met:

(i) Having a lawful place of residence and a stable income to ensure life in Vietnam;

(ii) If a scientist, expert is temporarily residing in Vietnam, must be requested by a Minister, Deputy Minister of a ministerial-level agency, a government-attached agency in charge of state management in that professional field,

(iii) If sponsored by father, mother, wife, husband, child who is a Vietnamese citizens who are permanently residing in Vietnam, the duration of temporary residence in Vietnam for a foreigner applying for permanent residence shall be determined as follows: Foreigners who have temporarily resided in Vietnam for 03 consecutive years or more are determined on the basis of the entry verification stamp, the exit verification stamp issued at the border gate with a total temporary stay in Vietnam from 03 years or more in the last 4 years from the date of applying for permanent residence.

To save time and hassles, it is suggested to consult with lawyers in Hanoi, or Da Nang or Ho Chi Minh City which our immigration lawyer in Vietnam could help.

Nguồn: https://antlawyers.vn/library/visa-and-immigration-matters-in-vietnam.html

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