Is changing the mother's surname to the father's surname called civil status change or civil status correction in Vietnam?

Is changing the mother's surname to the father's surname called civil status change or civil status correction in Vietnam?

Let me ask, after completing the procedure for the father to receive the child, do I want to change from the mother's surname to the father's surname? Is this called civil status change or civil status correction?

Reply:

Article 4 of the Law on Civil Status 2014

Article 7 of Decree 123/2015/ND-CP

Civil status change means a competent state agency registering changes in civil status information of an individual when there is a plausible reason in accordance with the civil law or changes in information about parents in the registered birth declaration contents in accordance with law.

Civil status correction prescribed in the Law on civil status means correction of personal information in vital records or originals of civil status documents which have been carried out only when there are substantial grounds to prove presence of mistakes at the civil status official’s faults or at the applicant’s faults.

Thus, unlike civil status change, civil status correction is only carried out when there are sufficient grounds to determine that there are errors due to the fault of the civil status officer or the person requesting civil status registration. Therefore, here, changing from the mother's surname to the father's surname is a change in civil status and cannot be considered a correction of civil status.

Is changing the mother's surname to the father's surname called civil status change or civil status correction in Vietnam? (Image from the Internet)

Is it possible to correct one's hometown in a place other than the original place of birth registration in Vietnam? 

I registered my child's birth at People's Committee, Lang Thuong ward, Dong Da, Hanoi. Now my household registration has been transferred to Nghe An. Now I discovered that I wrote down my hometown wrongly. I want to correct information about my child's hometown in Nghe An, is it possible? Or do I have to go to Hanoi to do it?

Reply:

In Article 27 of the Law on Civil Status 2014, the 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.

However, Clause 3, Article 28 of the Law on Civil Status 2014 stipulates:

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.

So you can correct information about hometown in your child's birth certificate at the commune-level People's Committee in Nghe An province (not where the original birth was registered). The Commune-level People's Committee in Nghe An must notify in writing with a copy of the civil status extract to the People's Committee of Lang Thuong ward (where the civil status was previously registered) for recording in the civil status book in Vietnam.

Which agency has authority to correct birth certificates in Vietnam?

I have completed the adoption process of my biological grandchild. Can I correct my child's birth certificate from my parents' names to my husband and I's names? And if so, which agency will resolve it?

Reply:

Clause 2, Article 26 of the Law on Civil Status 2014 regulates the scope of civil status changes, specifically:

2. Change of information about parents in birth registration contents after being adopted as children in accordance with the Law on Adoption.

Article 27 of the Law on Civil Status 2014 stipulates 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.

Point b Clause 2 Article 7 of the Law on Civil Status 2014 stipulates:

b/ Registering civil status change and correction for Vietnamese citizens aged full 14 year or older residing in the country; and ethnicity re-determination;

Thus, you have the right to correct your child's birth certificate from the names of the biological parents to the names of you and your spouse. In this case, if your grandchild is under 14 years old, you can go to the People's Committee of the commune where you previously registered your child's birth or go to the People's Committee of the commune where you reside to do so, but if your grandchild is 14 years old or higher, it will be done at the district People's Committee in Vietnam.

Best regards!