What I have to do to change my name in Vietnam? Can I change my name because it is the same as the my relative's name in Vietnam?

Is it possible to name my child after his father's last name but his father's name not on the birth certificate in Vietnam?

Hello! Hoa has not yet registered her marriage. She wants to name her child after his father's last name, but she doesn't want to put his father's name on her child's birth certificate? Thank you!

Reply:

According to the provisions of Article 14 of the 2015 Civil Code, the right to have a full name is as follows:

1. Each court and a competent authority must respect and protect civil rights of persons.

If a particular civil right is violated or is under a dispute, the protection of such right shall be implemented as prescribed in procedural law at the court or arbitrator.

The protection of civil rights under administrative procedures shall be implemented as prescribed by law. A decision on settlement of case/matter under administrative procedures may be re-examined at a court.

2. Each court may not refuse to settle a civil matter or case with the season that there is no provision of law to apply; in this case, regulations in Article 5 and Article 6 of this Code shall apply.

Birth registration for children with unidentified parents are specified in Article 15 of Decree 123/2015/ND-CP guiding the Law on civil status as follows:

1. The People’s Committee of commune where the child resides shall apply for birth registration for the child with unidentified parents.

2. If a child’s father is unidentified, the family name, race, native place, nationality of the child in the application for birth registration shall be determined according to respective information of his/her mother; the child’s father section in vital records and birth certificate shall be left blank.

3. If the father, at the time of application for birth registration, applies for recognition of father-child relationship as prescribed in Clause 1 Article 25 of the Law on civil status, the People’s Committee shall both process the recognition and birth registration; birth registration contents shall be determined as prescribed in Clause 1 Article 4 of this Decree.

4. In case of a child whose mother is unidentified, if his/her child applies for both birth registration and recognition of parent-child relationship, Clause 3 of this Article shall apply; the child’s mother section in the vital records and birth certificate shall be left blank.

5. Procedures for birth registration for children with unidentified parents other than those who are abandoned shall be consistent with Clause 3 Article 14 hereof; the phrase “children with unidentified parents" shall be specified in the vital records.

Thus, according to the above law in Vietnam, there is no provision as a basis for you to register your child's birth under the father's surname, but leave the father's information blank in the birth certificate. Therefore, if she does not want to leave information about the child's father, Ms. Hoa can register her child's birth with her mother's last name and can use the father's last name as a middle name.

Above is the content of our consultation on your question.

What I have to do to change my name in Vietnam?

Please ask. I want to change my name, what I have to do? I am over 18 years old this year, full legal age of majority.

Hope to get an answer!

Reply:

According to the provisions of the Civil Code 2015, individuals have the right to have a full name (including a middle name, if any). A person's first and last name is determined by the person's last name and birth name.

Article 26 of the Civil Code 2015 provides for the right to change the name as follows:

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.

So, in principle, you have right to change your name in Vietnam, but whether your request is accepted or not depends on whether the reason for the change is consistent with the above provisions or not.

Can I change my name because it is the same as the my relative's name in Vietnam? 

I want to ask if I am 23 years old this year, can I still change my name in the ID card, household registration, because my name is the same as my aunt's name and I don't like my current name. Can I change my name? Thank you!

Reply:

Article 28 of the 2015 Civil Code provides for the right to change given names as follows:

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.

2. The changing of the given 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 given name shall not change or terminate the civil rights and obligations which were established in the former given name.

Thus, according to this regulation in Vietnam, in case of having the same name, you are only entitled to change when the use of that name causes confusion, affects family feelings, honor, your legitimate rights and interests. In case you have the same name as your aunt's daughter and do not like the current name, it is not enough basis for the competent authority to accept the request.

Best regards!