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Update on Intercountry Adoption Arrangements between Ireland and the Socialist Republic of Vietnam

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Update on Intercountry Adoption Arrangements between Ireland and the Socialist Republic of Vietnam
On foot of the visit by Officials to Vietnam in November, the Irish Government issued a formal request to the Vietnamese Authorities in December 2008 stating that we wish to enter into discussions immediately for the purpose of negotiating a new Agreement to follow on from the existing Agreement. The Vietnamese Authorities have responded positively to Ireland’s request.
Ireland offered to provide the Vietnamese Authorities with the text of a draft agreement as a basis for negotiations. At present, the text of the draft is currently being finalised. Once work on the text of the draft has been completed, it will be forwarded to the Vietnamese Authorities for their consideration. It is anticipated that we will be in a position to forward this draft to Vietnam very shortly.
The issue of contingency arrangements in the case of an Agreement not being reached by 1 May, 2009 was raised in December, 2008 by the Irish Government. The Vietnamese authorities formally advised on proposed contingency arrangements on Friday, 13 February, through the Embassy in Hanoi.
The proposals include, inter alia, the following arrangements:-
The Socialist Republic of Vietnam will:
(i)      Continue to accept applications up to 1 April, 2009;
(ii)    Continue to make referrals in respect of such applications up to 1 May, 2009.
      (n.b. not all applications will necessarily receive a referral)
Applications considered to be accepted are those which have been received by the Department of International Adoptions and accepted by a provincial authority. This step follows the processing of the application by Helping Hands, translation and formal submission to the Department of International Adoptions at the Ministry of Justice.
In the case of agreement not being reached by 1 May, 2009:
(i)     Applications in respect of which a child has already been nominated (i.e. a referral has been made and notified to the prospective adoptive parents), will be processed.
(ii)   Applications in respect of which a child has not been nominated, will be returned to the Helping Hands and the local fees payable will be refunded for return to the applicants.
The purpose of these arrangements at (i) and (ii) above is to make practical provision to allow for some degree of certainty for applicants in the case of a transitional period between the existing and new Agreements. It effectively allows for normal business to continue up until 1 May, 2009 while minimising the number of applications that would have to be returned after 1 May if agreement is not reached.
The Irish government will continue to seek to re-visit any contingency arrangements over the course of and in light of negotiations on a new agreement. The Minister is continuing to pursue the successful conclusion of a bilateral agreement with Vietnam as a priority.
Helping Hands Adoption Mediation Agency has agreed to continue to register prospective applicants on the basis that applications will not be processed unless and until a new bilateral agreement is signed between Ireland and the Socialist Republic of Vietnam.
Practical Questions for Prospective Adoptive Parents
What does this if mean if I already have a referral?
If you have a referral, this referral will continue to be processed to conclusion in line with the usual procedures and checks.
What does this mean if I get a referral by 1 May?
If you receive a referral before 1 May, again, this referral will continue to be processed to conclusion in line with the usual procedures and checks.
What does this mean if my application has been received by the Department of International Adoption in Vietnam by 1 April?
It means you will be considered for a referral up to 1st of May – however, it does not guarantee you will get a referral.
ð       If you receive a referral before 1 May, again, this referral will continue to be processed to conclusion in line with the usual procedures and checks.
ð       If you do not receive a referral before 1May, your application and fee will be returned via Helping Hands.
What does this mean if I am registered with Helping Hands?
If you are registered with Helping Hands your application will continue to be processed in the normal way until 1 April. If your application has not been formally submitted and accepted by the Vietnamese authorities by 1 April, your application will be returned. You may continue to await developments or may choose to opt for another country of origin.
I want to adopt from Vietnam – what should I do?
Helping Hands Adoption Mediation Agency will to continue to register prospective applicants on the basis that no applications will be processed unless and until a new bilateral agreement is signed between Ireland and the Socialist Republic of Vietnam. This means you can continue, as heretofore, to register your interest and submit an application. However, you must understand that there will be no processing of your application pending developments on the negotiations of a new agreement.
17th February, 2009
http://www.adoptionboard.ie/
2009 Feb 1