Procedures for registration of civil status change and correction in Vietnam

Procedures for registration of civil status change and correction in Vietnam (Internet image)

1. Regulations on the right to change given and family names in Vietnam

1.1. Right to change family names in Vietnam

According to Article 27 of the Civil Code 2015, an individual has the right to request a competent authority to recognize a change of a family name in any of 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.

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.

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

1.2. Right to change given names in Vietnam

According to Article 28 of the Civil Code 2015, an individual has the right to request a competent authority to recognize the change of a given name in any of the following cases:

- 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;

- 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;

- Changing the given name of a person whose biological parents have been identified upon the request on that father or mother or such person;

- Changing the given name of a lost person who has discovered the origin of his/her bloodline;

- 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;

- Changing of given name of a person whose gender identity is re-determined or a transgender person;

- Other cases prescribed in by law on civil status affairs.

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.

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

2. Procedures for registration of civil status change and correction in Vietnam

According to Article 28 of the Law on Civil Status 2014, the procedures for registration of civil status change and correction are as follows:

- 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.

- Within 3 working days after receiving complete papers specified in Clause 1 of Article 28 of the Law on Civil Status 2014, 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 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.

3. Competence to register civil status change, correction and supplementation in Vietnam

According to Article 27 of the Law on Civil Status 2014, the competence to register civil status change, correction and supplementation is 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.

Vo Van Hieu

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE