Vietnam: What are the regulations on the right to change family names? What are the procedures for changing the family names of children after divorce?
In what cases do Vietnamese citizens have the right to change family names?
According to the provisions of Article 27 of the Civil Code 2015 on the right to change family names as follows:
Right to change family names
1. An individual has the right to request a competent authority to recognize a change of a family name in any of the following cases:
a) Changing the family name of a natural child from biological father’s to biological mother's or vice versa;
b) Changing the family name of an adopted child from biological father’s or mother’s to adoptive father's or mother’s at the request of the adoptive parents;
c) If a person ceases to be an adopted child and such person or his/her biological father or mother request to reclaim the family name which is given by the biological father or mother;
d) Changing the family name of a person whose biological parents have been identified upon the request on that father or mother or such person;
dd) Changing the family name of a lost person who has discovered the origin of his/her bloodline;
e) Changing the family 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 or retrieves his/her family name before the change;
g) Changing the family names of children upon the change of family names of their father’s or mother’s;
h) Other cases prescribed in by law on civil status affairs.
2. The changing of the family name of a person who is nine years of age or older shall be subject to the consent of such person.
3. The changing of a family name shall not change or terminate the civil rights and obligations which were established in the former family name.
Accordingly, Vietnamese citizens have the right to change family names in the following cases:
- Changing the family name of a natural child from biological father’s to biological mother's or vice versa;
- Changing the family name of an adopted child from biological father’s or mother’s to adoptive father's or mother’s at the request of the adoptive parents;
- If a person ceases to be an adopted child and such person or his/her biological father or mother request to reclaim the family name which is given by the biological father or mother;
- Changing the family name of a person whose biological parents have been identified upon the request on that father or mother or such person;
- Changing the family name of a lost person who has discovered the origin of his/her bloodline;
- Changing the family 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 or retrieves his/her family name before the change;
- Changing the family names of children upon the change of family names of their father’s or mother’s;
- Other cases prescribed in by law on civil status affairs.
In addition, the changing of the family name of a person who is nine years of age or older shall be subject to the consent of such person.
At the same time, the changing of a family name shall not change or terminate the civil rights and obligations which were established in the former family name.
Do the husband in Vietnam have the right to apply for changing family name of his children after divorce?
Pursuant to Article 27 of the 2015 Civil Code and Clause 1, Article 7 of Decree 123/2015/ND-CP, the change of full name of a person less than 18 years of age shall be subject to his/her parents’ consent which is specified in such declaration. An application for change of full name of a person aged 9 or older shall also be subject to his/her consent..
What are the procedures carried out by wives in Vietnam to change family names of their children after divorce?
According to the provisions of Article 47 of the Law on Civil Status 2014, the procedures for changing civil status are as follows:
Procedures for registering civil status change, correction and supplementation and ethnicity re-determination
1. The procedures for registering civil status change and correction must comply with Article 28 of this Law.
In case of request for ethnicity re-determination, there must be proving papers as prescribed by law; the order must comply with Article 28 of this Law.
2. The procedures for requesting addition of civil status information must comply with Article 29 of this Law.
Referring to Article 28 of the Law on Civil Status 2014, the procedures for registering to change family names are is as follows:
Step 1: Submit a Declaration
Requesters for registration of civil status change or correction shall submit declarations, made according to a set form, and relevant papers to the civil status registration agency.
Step 2: Receive the results
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.
In addition, 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.
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