Vietnam: Is it possible to change your name if you do not like it?

Vietnam: Is it possible to change your name if you do not like it?

According to the provisions of Articles 27 and 28 of Vietnam's Civil Code 2015, individuals have the right to change their names. However, in order to avoid the case that the change of name is rampant and out of control, the law has provided for specific cases in which an individual can request a competent state agency to recognize his/her request for changing name. Currently, according to the provisions of Clause 1, Article 27 of the Civil Code, 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.

At the same time, based on the provisions of Clause 1, Article 28 of Vietnam's Civil Code, 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.

Thus, each individual is not entitled to change his or her name voluntarily according to his/her preferences but must follow the cases prescribed by law before being able to request the competent authority to carry out the procedures for recognition of the change of names. In case the change of family name and first name is appropriate to the case prescribed by law, the authority to change the family name and given name is prescribed by law depending on each specific case.

A name change for a person aged nine years or older must be approved by that person. And changing an individual's name does not change or terminate the civil rights and obligations established under the old name.

According to the provisions of Clause 1, Article 7 of Vietnam's Decree 123/2015/ND-CP, the change of surname, middle name or first name for a person under 18 years of age must have the consent of that person's parents and must be clearly stated in the declaration documents; For persons aged full 9 years or older, the consent of that person is also required. Competence in this case belongs to the Commune People's Committee based on the provisions of Article 27 of Vietnam's Law on Civil Status 2014. In case a person is full 18 years old and has full civil act capacity, he or she has the right to submit a request for changing name. The acceptance of the reason and for the change will depend on the receiving agency. The authority to change in this case belongs to the district-level People's Committee based on the provisions of Clause 3, Article 46 of Vietnam's Law on civil status 2014.

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