7 Essential Rules to Name a Child in Vietnam

A name is the most fundamental element to identify and distinguish individuals. However, to name a child in Vietnam, parents must comply with legal provisions to ensure the name can be recorded on the birth certificate which is governed by the Civil Code, the Law on Civil Status, and relevant decrees.

Legal Basis for Naming a Child in Vietnam

The Civil Code affirms the right to name a child in Vietnam, specifying that every individual has the right to a family name and a given name. The law states:

“Each natural person has the right to have a family name and a given name (including a middle name, if any). The family and given names of a person shall be the family and given names on the birth certificate of such person.”

Similarly, the Law on Civil Status mandates the required details for birth registration, including the child’s name:

“Information of the person whose birth is registered: family name, middle name, and first name; gender; ….”

Determining the Family Name When Naming a Child in Vietnam

1. Parental Agreement: To name a child in Vietnam, the child’s family name is typically based on the biological father’s or mother’s family name, as mutually agreed upon by the parents.
2. Disagreement Between Parents: If the parents cannot agree on how to name a child in Vietnam, the family name is determined according to local customary practices.
3. Undetermined Father: If the biological father is unknown, the default rule when naming a child in Vietnam is to use the mother’s family name.

Principles to Name a Child in Vietnam

The Civil Code outlines key principles for naming a child in Vietnam while preserving cultural integrity:

“The name of each Vietnamese citizen must be in Vietnamese or other ethnic minority languages of Vietnam and must not include any figures or symbols other than letters.”

Additionally, the Law on Civil Status emphasizes that when parents naming a child in Vietnam, the name must:

“Be determined in compliance with laws and in a manner that honors national identity and fine traditions and customs of Vietnam; the name shall not be too long or hard to use.”

While these principles provide guidance, the law lacks transparency in defining how names preserve national identity or how many words constitute an excessively long name. This can create challenges for parents as they name a child in Vietnam.

Special Cases: Naming Abandoned or Adopted Children

For abandoned children whose biological parents are unknown, officials will determine how to name a child in Vietnam based on actual circumstances as outlined in the Civil Code.

For adopted children, the rules to name a child in Vietnam are as follows:

• The child’s family name will follow the adoptive father’s or adoptive mother’s name, as agreed upon by the adoptive parents.
• If no adoption has taken place, the head of the child-nursing establishment or the individual requesting birth registration will decide how to name a child in Vietnam.

Can You Name a Child in Vietnam Using a Foreign Name?

With increasing cultural integration, many parents want to name a child in Vietnam using a foreign name. However, Vietnamese laws have specific provisions:

1. Vietnamese Nationality: If one parent is Vietnamese and the other is a foreigner, the Law on Vietnamese Nationality applies. While parents can decide on the child’s nationality, if they agree that the child holds Vietnamese nationality, they cannot name a child in Vietnam using a foreign name.
2. Foreign Nationality: If the parents agree for the child to hold a foreign nationality, the naming process will follow the laws of the foreign country instead. In such cases, parents are free to name a child in Vietnam using foreign naming conventions.

Conclusion

Naming a child in Vietnam is not merely a cultural tradition but also a legal process governed by the Civil Code and the Law on Civil Status. Parents must comply with specific rules to ensure the name is legally valid and recorded on the birth certificate. Typically, the child’s family name is chosen based on mutual agreement between the parents, following either the father’s or mother’s family name. If no agreement is reached, customary practices determine the name, and in cases where the father is unknown, the mother’s family name is used.

The law also sets principles to guide parents in naming their children. A child’s name must be in Vietnamese or an ethnic minority language, using only letters and no symbols or numbers. Additionally, names must honor Vietnamese traditions and customs, and they should not be excessively long or difficult to use. However, the lack of clarity in defining “honoring traditions” or “long names” can sometimes lead to confusion for parents.

For special cases such as abandoned or adopted children, specific rules ensure the child’s name reflects their circumstances, with authorities or adoptive parents playing a role in the naming process. In cross-cultural families where one parent is a foreigner, naming depends on the child’s nationality. If the child holds Vietnamese nationality, foreign names are generally not allowed, but if the child acquires foreign nationality, naming rules follow the laws of the respective country.

Ultimately, understanding these legal provisions is essential for parents to name their child in Vietnam properly, ensuring a smooth birth registration process and compliance with national laws.

About ANT Lawyers, a Law Firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.