Name Your Children In Vietnam

Thank you for trusting and sharing your question with DB Legal. I understand you are wondering about naming a child born in Vietnam to Vietnamese and foreign parents.

If you and your husband choose Vietnamese nationality for your child, the naming of your child must comply with the provisions of Vietnamese law.

I. Regarding the surname:

According to the provisions of Clause 2, Article 26 of the Civil Code:

"A person's surname is determined as the surname of the biological father or the surname of the biological mother according to the parents' agreement; if there is no agreement, the child's surname is determined according to custom. If the biological father cannot be determined, the child's surname is determined according to the surname of the biological mother."

In the case of an abandoned child whose biological father and mother cannot be identified and who is adopted, the child's surname is determined according to the surname of the adoptive father or the surname of the adoptive mother according to the agreement of the adoptive parents. In the case of only an adoptive father or adoptive mother, the child's surname is determined according to that person's surname.

In the case of an abandoned child whose biological father and mother cannot be identified and who has not been adopted, the child's surname is determined according to the proposal of the head of the child care facility or according to the proposal of the person requesting birth registration for the child, if the child is being temporarily fostered by that person.

The biological father and mother, as stipulated in this Code, are the father and mother determined based on the birth event; the person requesting surrogacy with the person born from surrogacy in accordance with the Law on Marriage and Family.

Based on the above provisions, a person's surname is determined as the surname of the biological father or the surname of the biological mother according to the agreement of the parents.

Thus, regarding the surname, you can choose the surname of the father or the surname of the mother according to the agreement between you and your husband.

II. Regarding the given name:

According to the provisions of Article 26 of the Civil Code on given names:

"3. The giving of a name is restricted in cases of infringement of the rights and legitimate interests of others or contrary to the basic principles of civil law specified in Article 3 of this Code.

4. The given name of a Vietnamese citizen must be in Vietnamese or another ethnic language of Vietnam; do not give a name using numbers or a single character that is not a letter.

5. Individuals establish and exercise civil rights and obligations under their surnames and given names.

6. The use of aliases or pen names must not cause damage to the rights and legitimate interests of others."

Accordingly, the given name of a Vietnamese citizen includes both the given name and the middle name. The name of a Vietnamese citizen must be Vietnamese or another ethnic language of Vietnam.

Therefore, if you choose Vietnamese nationality for your child, the given name must be in Vietnamese (including the middle name, if any) or another ethnic language of Vietnam.

 

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

For more information: Our Vietnamese social page or  English social page

Call Us: