Vietnam: Can parents use their mother's family name when naming their child? Can parents name their child the same name as a famous person?
Can parents use their mother's family name when naming their child in Vietnam?
Article 26 of the 2015 Civil Code provides as follows:
Right to have family and given names
1. Each natural person has right to have a family name and a given name (including a middle name, if any). The family and given names of a person shall be the family and given names in the birth certificate of such person.
2. The family name of a person shall be passed from his/her biological father's or mother’s as mutually agreed between the parents; if the parents fails to agree, the person’s family name shall be determined according to customary practices. If the father of such person is undetermined, his/her family name shall be passed from his/her natural mother’s.
If an abandoned child whose natural parents are unidentified is adopted, his/her family name shall be passed from his/her adoptive father’s or mother’s as mutually agreed between the parents. If the child has either an adoptive father or an adoptive mother, his/her family name shall be passed from such person’s.
If an abandoned child whose natural parents are unidentified and he/she has not been adopted but has been fostered by a foster establishment or a , his/her family name shall be determined at the request of the head of such foster family or at the request of the person registering the birth of the child.
Biological father and mother specified in this Code means a father and mother determined at the event of parturition; intended father and mother and the resulting child as prescribed in the Law on marriage and families.
3. The naming is restricted in case it violates lawful rights and interests of other people and contravenes basic principles of civil law prescribed in Article 3 of this Code.
The name of each Vietnamese citizen must be in Vietnamese or other ethnic minority languages of Vietnam and not include any figure or any symbol other than a letter.
4. Each natural person shall enter in and perform his/her civil rights and obligations following his/her family and given name.
5. A person may not use his/her code name or pen name to cause damage to the lawful rights and interests of other people.
Thus, a child's family name shall be passed from his/her biological father's or mother’s as mutually agreed between the parents. If the parents fails to agree, the child's family name shall be determined according to customary practices.
When will parents name their child in Vietnam?
Pursuant to Clause 1, Article 4 of Decree 123/2015/ND-CP as follows:
Birth registration and death registration contents
1. Birth registration contents shall being determined as prescribed in Clause 1 Article 14 of the Law on civil status the following regulations:
a) The child’s full name; race shall be determined subject to agreement of the parents as prescribed in civil law and specified in the application form for birth registration; if the parents do not or fail to reach an agreement, common practice shall prevail;
Thus, parents can name their child at any time and register with the competent authority upon birth registration.
Can parents name their child the same name as a famous person in Vietnam?
Pursuant to Article 6 of Circular 04/2020/TT-BTP, the contents of birth registration are as follows:
Contents of birth registration
Contents of birth registration are provided for by regulations in Clause 1 Article 14 of the Law on Civil Status, Clause 1 Article 4 of Decree No. 123/2015/ND-CP and the following guidelines:
1. The last name, ethnicity and full name of the child must be determined in compliance with regulations of laws and in a manner that honors national identity and fine traditions and customs of Vietnam; the name shall not be too long or hard to use.
2. In case the parents fail to reach an agreement on the last name, ethnicity and native place of their child upon birth registration, the last name, ethnicity and native place of the child shall be determined according to customs but the child must take on the last name, ethnicity and native place of the mother or the father.
Thus, based on the above provisions, the naming of a child must be in Vietnamese or other ethnic minority languages of Vietnam. The naming is restricted in case it violates lawful rights and interests of other people and contravenes basic principles of civil law.
At the same time, the naming of a child depends on the agreement of the parents and must be determined in compliance with regulations of laws and in a manner that honors national identity and fine traditions and customs of Vietnam
The name shall not be too long or hard to use. There is no regulation on restricting or prohibiting the naming of child under the name of a famous person, but parents should consider the naming of their child to avoid negative effects in the future.
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