Question: Please ask, how is the procedure to change the name on the Birth Certificate currently?

Reply:

Conditions for changing name on Birth Certificate

In case there are errors when registering birth

According to Clause 2, Article 7, Decree No. 123/2015/ND-CP, civil status correction according to the provisions of the 2014 Law on Civil Status is the correction of personal information in the civil status book or in the original civil status documents. and is only carried out when there are sufficient grounds to determine whether there is an error due to the fault of the civil status officer or the person requesting civil status registration.

In addition, Article 17, Circular No. 04/2020/TT-BTP stipulates that civil status correction can only be resolved after determining that there are errors when registering civil status; Do not correct the content on validly issued civil status documents to legalize information on records or other personal documents.

Errors in civil status registration are errors of the person registering civil status or errors of the civil status registration agency.

Thus, in order to correct the name in the Birth Certificate in this case, it must be accepted by the civil status registration agency, when there is enough evidence to determine whether there is an error due to the fault of the civil status officer or of the civil status officer. person registering birth.

In case there are no errors when registering birth

Pursuant to Clause 1, Article 26, Law on Civil Status 2014, changing the last name, middle name and first name of an individual in the registered birth certificate when there is a basis according to the provisions of civil law.

And in Clause 1, Article 7, Decree No. 123/2015/ND-CP stipulates that changing the surname, middle name, or first name for a person under 18 years old according to the above regulations must have the consent of that person's father or mother. and is clearly shown in the Declaration. For people 9 years of age or older, that person's consent is also required.

Individuals have the right to request a competent state agency to recognize a name change in the cases specified in Clause 1, Article 28, 2015 Civil Code, specifically as follows:

- At the request of the person whose name is used if the use of that name causes confusion, affects family feelings, honor, rights and legitimate 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 stops being adopted and this person or the biological father or mother requests to regain the name given by the biological father or mother;

- At the request of the biological father, biological mother or child when determining the child's father or mother;

- Change the name of a lost person who has discovered his or her bloodline origin;

- Change the name of the spouse in a marriage and family relationship involving foreign elements to comply with the law of the country where the foreign spouse is a citizen or regain the name before the change;

- Changing the name of a person who has had their gender reassigned or a person who has changed gender;

- Other cases prescribed by the law on civil status.

How is the procedure to change the name on the Birth Certificate?

Procedures for changing the name in the Birth Certificate are carried out as follows:

- The person requesting registration of change or correction of civil status shall submit a declaration according to the prescribed form and related documents to the civil status registration agency.

- Within 03 working days from the date of receipt of complete documents as prescribed above, if it is found that the change or correction of civil status is well-founded and in accordance with the provisions of civil law and relevant laws. relevant, the justice and civil status officer records it in the civil status book, together with the person requesting registration of change or correction of civil status, signs in the civil status book and reports to the Chairman of the commune-level People's Committee to issue an extract to the person request.

In case of change or correction of civil status related to the Birth Certificate or Marriage Certificate, the civil status - justice officer shall record the content of the change or correction in the Birth Certificate or Marriage Certificate.

In case verification is required, the time limit may be extended by no more than 3 working days.

- In case of registration of change or correction of civil status not at the previous place of civil status registration, the Commune-level People's Committee must notify in writing with a copy of the civil status extract to the People's Committee of the place of registration. previously signed civil status to record in the civil status book.

In case the previous place of civil status registration is a representative agency, the commune-level People's Committee must notify in writing along with a copy of the civil status extract to the Ministry of Foreign Affairs for transfer to the representative agency to record in the household registration book. President. (Article 28, Law on Civil Status 2014)