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.
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.
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In reality, opinion of the children is only regarded as orientation and reference for the Court to consider making decision, not as completely decisive meaning. The Court shall base on interests of the children to appoint one party to directly raise him/her, according to: living, current education of the children, occupation of the direct caretaker, accommodation condition after divorce, income, child care time… and some other elements of each party. Accordingly, the person being entitled to directly raise the children must prove themselves to provide the most favorable environment for normal development requirements of the children and have enough conditions for ensuring both economy and mental health. The person being entitled to directly raise the children must prove themselves to have enough material conditions (stable income, property, and accommodation…), mental condition (having enough time to be with the children, care for, raise them, always put the children at the forefront…) to make the children have more stable life and more developed than living with the other party. In addition, one of the parties can provide additional evidence to prove that the other party does not have enough material conditions and mental condition to raise the children or often has behaviors of violence, unstable income…
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