Does a transgender person have the right to change his/her name? What are the procedures for changing the birth name for a transgender person in Vietnam?
Does a transgender person have the right to change his/her birth name?
Pursuant to the provisions of Clause 1, Article 28 of the 2015 Civil Code of Vietnam as follows:
Right to change given names
1. An individual has the right to request a competent authority to recognize the change of a given name in any of the following cases:
a) Where it is so requested by the person who has a given name which causes confusion or has an adverse effect on his/her feelings or on his/her honor, legitimate rights and interests;
c) Where the adoptive father or mother of the person wishes to change the given name of their adopted child; of if a person ceases to be an adopted child and such person or his/her biological father or mother request to reclaim the given name which is given by the biological father or mother;
d) Changing the given name of a person whose biological parents have been identified upon the request on that father or mother or such person;
dd) Changing the given name of a lost person who has discovered the origin of his/her bloodline;
dd) Change the given name of a person to his/her spouse’s in the marriage and family relations involving foreign elements in accordance with law of the country in which the foreign spouse is a citizen retrieves his/her family name before the change;
e) Changing of given name of a person whose gender identity is re-determined or a transgender person;
g) Other cases prescribed in by law on civil status affairs.
According to the above regulations, a person who has changed his/her gender has the right to request a competent state agency to recognize the change of his/her name.
Does a transgender person have the right to change his/her name? What are the procedures for changing the birth name for a transgender person in Vietnam?
What are the procedures for changing the birth name for a transgender person in Vietnam?
Pursuant to Article 28 of the 2014 Law on Civil Status in Vietnam stipulating the procedure for changing the birth name for a transgender person as follows:
Application for changing the birth name: Requesters for registration of civil status change or correction shall submit an application to the civil status registration agency. To be specific:
- Declaration;
- Birth Certificate (A certified true copy or a copy issued by the People's Committee);
- ID card (if any) (A certified true copy)
- Relevant papers (if necessary).
Note that you should bring along your personal identification papers in the case where the law allows you to change your name, so that the competent authority can compare and resolve.
Procedures for changing the birth name:
(1) Requesters for registration of civil status change or correction shall submit an application to the civil status registration agency.
(2) Within 3 working days after receiving complete papers specified in Clause 1 of this Article, if seeing that the civil status change or correction is proper and compliant with civil and relevant laws, the justice and civil status officer shall record such change or correction in the civil status book and together with the registration requester sign in the civil status book, and report to the chairperson of the commune-level People's Committee to issue an extract to the requester.
In case of civil status change or correction related to birth certificates or marriage certificates, the justice and civil status officer shall record the change or correction content in these certificates.
In case of necessity to verify, the time limit may be prolonged for no more than 3 working days.
(3) In case of registering civil status change or correction not at previous places of civil status registration, commune-level People's Committees shall issue written notices together with civil status extract copies to People's Committees of previous places of civil status registration for recording in the civil status book.
In case the previous place of civil status registration is a representative mission, the commune-level People's Committee shall issue written notices together with civil status extract copies to the Ministry of Foreign Affairs for forwarding to the representative mission for recording in the civil status book.
Which agency has the competence to handle the change of birth name for a transgender person in Vietnam?
Pursuant to the provisions of Article 27 of the 2014 Law on Civil Status in Vietnam stipulating as follows:
Competence to register civil status change, correction and supplementation
Commune-level People's Committees of previous places of civil status registration or places of residence of individuals are competent to settle civil status change and correction for persons under 14 full years; and civil status supplementation for Vietnamese citizens residing in the country.
At the same time, according to the provisions of Article 46 of the 2014 Law on Civil Status in Vietnam as follows:
Competence to register civil status change, correction and supplementation and ethnicity re-determination
1. District-level People's Committees of previous places of civil status registration or places of residence of foreigners are competent to settle civil status correction and supplementation for foreigners who have registered civil status at competent Vietnamese agencies.
2. District-level People's Committees of previous places of civil status registration of overseas Vietnamese are competent to settle civil status change, correction and supplementation and ethnicity re-determination.
3. District-level People’s Committees of previous places of civil status registration or places of residence of individuals are competent to settle civil status change and correction for Vietnamese citizens of full 14 years or older residing in the country, and ethnicity re-determination.
According to the above regulations, the competence to handle the change of birth name for a transgender person is prescribed as follows:
- Commune-level People's Committees of previous places of civil status registration or places of residence of individuals are competent to settle civil status change and correction for persons under 14 full years.
- District-level People’s Committees of previous places of civil status registration or places of residence of individuals are competent to settle civil status change and correction for Vietnamese citizens of full 14 years or older residing in the country.
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