How
to Change Name on Birth Certificate in Vietnam?
Changing family name,
middle name, first name are considered changing civil status. Due to different reasons that an individual
needs to change his/her name or his/her children’s name on the birth
certificate. Such changes are civil status changes governed under the Law on
Civil status.
Change birth certificate in Vietnam
However, not every case
of civil status change registration is accepted by the competent authority.
Under the provisions
Law on Civil status, individual can change of family name, middle name and
first name of individuals in birth registration contents when there are grounds
as prescribed by the civil law.
The
“legitimate reasons” to change the family name is specified in the Civil Code
on the right to change name include:
a) Changing the family
name of a natural child from biological father’s to biological mother’s or vice
versa;
b) 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;
c) 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;
d) Changing the family
name of a person whose biological parents have been identified upon the request
on that father or mother or such person;
e) Changing the family
name of a lost person who has discovered the origin of his/her bloodline;
f) 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;
g) Changing the family
names of children upon the change of family names of their father’s or
mother’s;
h) Other cases
prescribed in by law on civil status affairs.
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;
b) 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;
c) Changing the given
name of a person whose biological parents have been identified upon the request
on that father or mother or such person;
d) Changing the given
name of a lost person who has discovered the origin of his/her bloodline;
e) 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;
f) 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.
The changing of names
for the person from nine years old must have the consent of that person. The
changing of names of individuals does not affect and terminate the rights and
civil obligations established under their old name.
Thus, if the use of
one’s first name, last name and middle name cause confusion, affecting the family
love, honor, rights and lawful interests, causing difficulties in the
transaction, he/she may conduct the name changing.
Procedures to change
name will be performed at the District People’s Committee where the person has
registered the birth.
Dossier
includes:
–Declaration (in the
prescribed form);
–Presenting the
original birth certificate of the person who need for change names and civil
status;
–The relevant documents
as a basis for the change or correction of civic status.
ANT Lawyers- Law firm in Vietnam has
experience in civil and family matters to advice clients whom are interested
for such legal service in Vietnam. We assist our clients in the process
of reviewing agreements, procedures and concerned matters in civil and
family.
