Is it permissible to change surname of a child without consent from ex-husband in Vietnam?

Is it permissible to change surname of a child without consent from ex-husband in Vietnam?

Pursuant to Article 7 of the Decree 123/2015/NĐ-CP stipulating conditions for changes and correction of civil status affairs as follows:

1. An application for change of full name of a person less than 18 years of age prescribed in Clause 1 Article 26 of the Law on civil status shall be subject to his/her parents’ consent which is specified in such application. An application for change of full name of a person aged 9 or older shall also be subject to his/her consent.

2. 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.

As regulations above, change of full name of a person less than 18 years of age shall be subject to his/her parents’ consent. Your child is 6 years old, so you must get consent from my ex-husband to change surname of your child.

Which authorities have competence to change surname of a child in Vietnam?

Pursuant to Article 27 of the Law on Civil Status in 2014 stipulating competence to register civil status change, correction and supplementation 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; and civil status supplementation for Vietnamese citizens residing in the country.

As regulations above, 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.

What are procedures for change of surname of a child in Vietnam?

Pursuant to Article 28 of the Law on Civil Status in 2014 stipulating procedures for change of surname of a child in Vietnam as follows:

1. 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.

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.

Above are procedures for change of surname of a child in Vietnam.

Best regards!