Under the provisions of Paragraph 1, Article 36 of Decree No. 158/2005/ND-CP on the registration and management of civil status, individual can change last name, middle name and first name which were registered in the birth certificate when they have legitimate reason under the provisions of the Civil Code.
The “legitimate reasons” to change the full name is specified in Article 27 of the Civil Code 2005 on the right to change name, which include:
1.Individuals have the right to request the state agency to recognize the changing of their names in the following cases:
a) As requested by the people with names that the use names cause confusion, affect the family love, honor, rights and lawful interests of such persons;
b) As requested by the adoptive father, adoptive mother about changing names for adopted child, or when the adopted child ceases to be adopted and this person or the nature father or nature mother request to regain the name that the nature father and nature mother have set;
c) As requested by the nature father, nature mother or the child when determining the parent for the child;
d) Changing the last name of a child from their father’s to their mother’s or vice versa;
e) Change the names of the person who was lost then found his blood-derived;
f) Changing the names of the person who is redefining gender;
g) Other cases regulated by civil law.
2. The changing of names for the person from nine years old must have the consent of that person.
3. 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 your first name, last name and middle name cause confusion, affecting the family love, your honor, rights and lawful interests, causing difficulties in the transaction, you may conduct the name changing.
Procedures to change full name will be performed at the District People’s Committee where you have registered the birth certificate.
– 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.
Lawyers at ANT Lawyers, a law firm in Vietnam will be available to assist client to apply birth certificate for new born, obtain a new birth certificate, change names on birth certificate, re-issue birth certificate in Vietnam.
Joint Circular 02/2016/TTLT BNG-BTP of the Ministry of Foreign Affairs and the Ministry of Justice regulates the registration and management of civil status at the diplomatic mission agency, consular representative offices of Vietnam in foreign country. The Joint Circular is issued on June 30th 2016.
Under the provisions of this Circular, representative offices in the consular area where the parent of the child resides or where the child was born have to perform birth registration for the children that were born abroad, not yet performed birth registration in foreign competent authority and fall into one of the following cases, such as: Having parents who are nationals of Vietnam; Having mother who is Vietnam citizen, the father is a stateless or unidentified person; Having father or mother who is citizen of Vietnam, the remaining person is foreigner, the parents have written agreement on choosing Vietnam nationality for the child when implementing birth registration.
Birth registration dossier includes: Birth registration declaration; Birth certification or other documents issued by the competent authority certifying that the child is born abroad and the relations between mother and child; The written agreement of the parents on choosing Vietnam nationality for the child if the child has father or mother who is foreigner.
This Joint Circular takes effect from August 15th 2016.
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