The full name of the individual is registered in the Birth Certificate when within 60 days from the date of birth. However, for a number of subjective and objective reasons, parents or the child themselves have a desire to change their last name, first name or both their first and last name. Here, Khoa Tin will guide the conditions and procedures for changing the last name and last name in accordance with the law.

1. Circumstances in which a surname change is required

According to Article 27 of the 2015 Civil Code, individuals have the right to request competent state agencies to recognize the change of surname in the following cases:

1. Change the surname for a biological child from the biological father’s surname to the mother’s surname or vice versa;
2. Change the family name for the adopted child from the surname of the biological father or natural mother to the surname of the adoptive father or the surname of the adoptive mother at the request of the adoptive father or adoptive mother;
3. When an adopted child ceases to be adopted and this person or his/her biological father or mother requests to have his/her family name restored to him/her according to the surname of his/her biological father or mother;
4. Change the child’s last name at the request of the biological father or mother or of the child when determining the father or mother for the child;
5. Change the last name of the lost person who has found his or her bloodline;
6. Change the surname according to the wife’s and husband’s surname in the marriage and family relationship involving foreign elements to comply with the law of the country of which the foreign spouse is a citizen or regain the surname before the change ;
7. Change the child’s last name when the parent changes the family name;
8. Other cases prescribed by civil status law.

2. Cases where a name change is required

According to Article 28 of the Civil Code 2015 stipulates that an individual has the right to request a competent state agency to recognize a name change in one of 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 to change 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 have the name given by the biological father or mother;

– At the request of the biological father, natural mother or child when determining the father or mother for the child;

– Change the name of the lost person who has found his or her bloodline;

– Change the name of the spouse in the marriage and family relationship involving foreign elements to conform to the law of the country of which the foreign spouse is a citizen, or regain the name before the change;

– Change the name of the person who has redefined the gender, the person who has changed the gender;

– In other cases prescribed by the civil status law (Clause 1, Article 17 of Circular 04/2020/TT-BTP, the change of full name or surname will be handled if it is determined that there are errors of the civil status registrant or errors of civil status registration agencies).

Note:

– Parents who change the family name or surname for a child aged full 9 years or older must have the consent of the child.

– The change of full name does not change or terminate the civil rights and obligations established under the old name.

3. Procedures for change of first and last name

3.1. Authority where change of name is registered

– The change of full name for persons under 14 years old shall be carried out at the commune-level People’s Committee where civil status has been registered before or at the individual’s place of residence (Article 27 of the Law on Civil Status 2014).

– In case of change of full name or full name for a person aged full 14 years or older, it shall be effected at the district-level People’s Committee where the civil status has been registered before or at the individual’s place of residence (according to Clause 3, Article 46 of the Law on Households). citizenship).

3.2. The procedure for changing the first and last name is as follows

Step 1: Prepare documents

1. The registration form changes according to the form (download, form below).
2. Documents as a basis for change (if any)
3. Power of attorney as prescribed by law in case of authorization to carry out the registration of civil status change, correction or addition. In case the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother of the principal, the power of attorney is not required to be notarized or authenticated.
4. Birth certificate (original) in case of change related to birth certificate so that the civil status-judicial officer can record the civil status change information (for the case where the original is still available).
5. Documents to be presented:

• Passport or identity card or identity card of professional soldiers, national defense workers and employees or citizen identification cards or other papers with photos and personal information issued by competent authorities, and value used to prove the identity of the person requesting for registration of civil status change.
• Documents proving the place of residence to determine the authority to register for civil status change (during the period when the National Population Database and the National Electronic Civil Status Database have not been completed and implemented) nationally consistent).

Step 2: Submit the Declaration

The person requesting the change of name shall submit the civil status correction declaration according to the form and related papers to the civil status registration agency.

At the same time, present the original Birth Certificate of the person who needs to change his/her full name and relevant papers as a basis for changing his/her full name.

Step 3: Get the result

Within 03 working days from the date of receipt of complete dossiers, if finding that the change of family name and surname is well-founded, the judicial – civil status officer shall record it in the civil status book, together with the person requesting registration of the change of name and surname. sign the civil status book and report to the President of the People’s Committee to issue extracts to the requester.

Fees for changing surnames, names, each province will have its own regulations promulgated by the provincial People’s Council (according to Article 3 of Circular 85/2019/TT-BTC).

Above is the advice of Khoa Tin on “The procedure for changing the name and surname according to the latest law”.

In case customers have unclear issues or need to discuss further, please call us immediately at 0983.533.005 for a free consultation.

Best regards./.