The current law has many regulations changed in the appropriate direction; to easily enter into everyone’s life. Regulations are now more flexible; adapt to change; the continuous development of society. The name has been attached to each person since being signed on the birth certificate; But the reality shows that there are many cases for some reason that they need to change their last name accordingly. LSX Lawfirm will give you an article about: “Procedure to change name according to Vietnamese law”, as follows:
Legal grounds
Civil Code 2015
Civil status law 2014
Circular 04/2020/TT-BTP
The right to change the name in accordance with the law
An individual has the right to request a competent state agency to recognize a name change in the following cases:
- At the request of a named person whose use of that name causes confusion, affects family sentiments, honors, legitimate rights and interests of that person;
- At the request of the adoptive father or adoptive mother about changing the name of the adopted child or when the adopted child ceases to be an adopted child and this person or the biological father or mother requests to regain the name that the biological father or mother has given;
- And at the request of the biological father, natural mother or child when determining the father or mother for the child;
- Change the name of a lost person who has found his or her bloodline;
- Changing the name of a spouse in a marriage and family relationship involving foreign elements to conform to the law of the country of which the foreign spouse is a citizen, or regaining the name before the change;
- Then change the name of the person who has reassigned the gender, the person who has changed the gender;
- In case a natural parent or guardian intends to change the name of a child in case the child is nine years old or older, that person’s consent must be obtained. After changing the name of the transactions, the contract identified by the old name is still valid. Thus, the procedure to change the name will not change the related rights and obligations.
How is the name change procedure done?
Step 1: Prepare documents to change civil status
- The registration form for change of name, form issued together with Circular 04/2020/TT-BTP. (In case of change of last name, name for a person aged full 9 years or older must have consent of that person in the declaration)
- Original birth certificate.
- Papers as the basis for the change of name.
- Copy of the identity card or passport of the person going for civil status registration (to identify that person personally), enclosed with the original for comparison or a notarized copy
Step 2: Submit application for registration of civil status change
The person who changes his or her name will file a file at the Commune People’s Committee. If the application is valid, within 03 working days from the date of receipt of complete documents, if seeing the change; civil status correction is grounded; in accordance with the provisions of the civil law; relevant laws; judicial and civil status officers shall record in civil status books; Together with the requester for registration of civil status change or correction, sign in the civil status book and report to the President of the commune-level People’s Committee to issue an extract to the requester. In case verification is required, the time limit may be extended further. no more than 3 working days.
Authority to handle procedures for name change
According to the provisions of Article 7 of the Law on civil status 2014 as follows:
Commune-level People’s Committees shall register civil status changes and corrections for persons under the age of 14; supplementing civil status information for Vietnamese citizens residing in the country
The district-level People’s Committees shall register civil status changes and corrections for Vietnamese citizens aged full 14 years or older residing in the country; redefine the nation
Therefore, depending on the case of change of name, proceed to submit an application to the competent authority to be resolved as soon as possible.
Related questions
Changing the name will not affect the inheritance rights. As long as the person who changes his or her name is the biological son of the heir, the right to inherit according to civil law is still exercised.
To change the family name of a child, only the agreement and consent of the couple is required; then changing the child’s last name from the father’s last name to the mother’s last name is completely possible and in accordance with the law.
If a Vietnamese person marries a foreign husband and wishes to change his name; then you can apply to change your name to match your husband’s family; customs room at. At that time, the district-level People’s Committee will have the authority to receive the application and settle it.
Contact LSX Lawfirm
Finally, hope this article is useful for you to answer the question about: “Procedure to change name according to Vietnamese law”. If you need any further information, please contact LSX Law firm : +84846175333 or Email: [email protected]
Conclusion: So the above is Procedure to change name according to Vietnamese law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
