Is It Possible to Adopt a Foreign Surname in Vietnam?

1. Vietnamese Surname System

Structure:

• Single-Syllable: Vietnamese surnames typically consist of a single syllable.
• Paternal Inheritance: Surnames are traditionally inherited from the father, reflecting the patriarchal structure of Vietnamese society.
• Limited Variations: There are a relatively limited number of surnames compared to other cultures, with many people sharing the same surname.

Significance:

• Family Lineage: Surnames play a significant role in Vietnamese culture, representing family lineage and ancestry.
• Social Status: In the past, surnames could sometimes indicate social status or occupation.
• Identity: A person's surname is an important part of their identity and is often used in daily life and official documents.

Naming Conventions:

• Given Name: Vietnamese people typically have a given name (tên đệm) followed by their surname.
• Middle Names: While not as common, some individuals may have middle names.
• Family Names: Surnames are placed after the given name.

Cultural Implications:

• Respect for Elders: In Vietnamese culture, it is customary to address elders by their surname as a sign of respect.
• Family Ties: Surnames emphasize the importance of family and kinship in Vietnamese society.
• Social Hierarchy: In the past, surnames could sometimes indicate social status or hierarchy within a community.

Modern Trends:

• Global Influences: With increasing globalization, some Vietnamese people may choose to adopt foreign surnames or use them as middle names.
• Individual Choice: While traditional naming practices still prevail, there is growing acceptance of individual choices and variations in surnames.

In conclusion, the Vietnamese surname system is deeply rooted in the country's culture and history. While traditional practices continue to hold significance, modern trends and the influence of globalization have led to some diversification in naming conventions.

2. Eligibility for Surname Changes

An individual has the right to request a competent state agency to recognize a change of surname in the following cases:

• Changing the surname of a biological child from the father's surname to the mother's or vice versa;
• Changing the surname of an adopted child from the biological father's or mother's surname to the adoptive father's or mother's surname at the request of the adoptive parents;
• When an adopted child ceases to be an adopted child and the child, biological father, or biological mother requests to revert to the biological father's or mother's surname;
• Changing the surname of a child at the request of the biological father, biological mother, or child when the paternity or maternity is established;
• Changing the surname of a lost person who has found their biological origin;
• Changing the surname to the spouse's surname in a cross-border marriage to comply with the law of the country of which the foreign spouse is a citizen, or reverting to the previous surname;
• Changing a child's surname when the father or mother changes their surname;
• Other cases as prescribed by the law on household registration.

Article 28 of the Civil Code 2015 on the Right to Change Given Name: An individual has the right to request a competent state agency to recognize a change of given name in the following cases:

• At the request of a person whose name confuses, affects family affection, honor, rights, or legitimate interests;
• At the request of adoptive parents to change the given name of an adopted child, or when an adopted child ceases to be an adopted child and the child, biological father, or biological mother requests to revert to the given name given by the biological father or mother;
• At the request of the biological father, biological mother, or child when paternity or maternity is established;
• Changing the given name of a lost person who has found their biological origin;
• Changing the given name of a spouse in a cross-border marriage to comply with the law of the country of which the foreign spouse is a citizen, or reverting to the previous given name;
• Changing the given name of a person who has reassigned their gender;
• Other cases as prescribed by the law on household registration.

Article 7, Clause 1 of Decree 123/2015/ND-CP on November 15, 2015, detailing several provisions and measures for implementing the Law on Household Registration specifies the conditions for changing surnames and given names.

This Vietnamese legal article outlines the conditions under which an individual can change their surname or given name. The primary reasons for changing a surname include marriage, adoption, establishing paternity or maternity, and finding one's biological origin. For given name changes, reasons can include avoiding confusion, honoring family wishes, or aligning with a foreign spouse's legal system.

Can a Vietnamese person change their name after marrying a foreigner?

Yes, a Vietnamese person can change their surname after marrying a foreigner under certain conditions. According to Article 27 of the Civil Code, an individual can change their surname to their spouse's surname in a marriage and family relationship with a foreign element to comply with the law of the country of which the foreign spouse is a citizen.

However, it's important to note that:

• Specific conditions apply: The change must be to comply with the law of the country where the foreign spouse is a citizen.
• Additional documentation may be required: You may need to provide proof of your marriage, your spouse's citizenship, and other relevant documents.
• Procedures can vary: The specific procedures and requirements may differ depending on the local government agency and the specific circumstances.

It is highly recommended to consult with a legal professional in Vietnam for personalized advice and assistance with the process of changing your surname. They can help you understand the specific requirements, gather the necessary documents, and guide you through the legal process.

3. Legal Procedures

Procedures for changing a surname, middle name, or given name for an individual are stipulated in Decree 123/2015/ND-CP dated November 15, 2015, aiming to detail certain provisions and measures for the implementation of the Law on Household Registration.

For cases of changing a surname to follow the surname of a foreign spouse, when completing the procedures to change the surname to follow the husband or wife, the following documents are required as prescribed in Articles 28 and 47 of the 2014 Law on Household Registration, the dossier of the person requesting a change of surname, the name must be prepared for submission and presentation, including:

• Application for a change of surname.
• Documents related to the change of surname: Original birth certificate. This must be submitted so that the civil registry officer can note the information about the new surname and given name of the requester on the back of the birth certificate.
• Documents to be presented: Citizen ID or ID card of the requester, power of attorney (if any).
• Documents proving legal marriage to a foreign citizen.
• Certificate of marital status issued by a competent state agency of the country of which the foreign spouse is a citizen (if required by foreign law).
• Consent of the foreign spouse (except in cases where the foreign spouse has died or lost civil capacity).

For persons aged 14 and over, the procedure is carried out at the district-level People's Committee or at the individual's place of residence, according to Clause 3 of Article 46 of the Law on Household Registration.

Specifically, the surname change process is carried out in the following steps:

• Step 1: Submitting the application: The person requesting a change of surname submits the Application for Correction of Household Registration according to the prescribed form and related documents to the household registration agency. At the same time, they must also present the original birth certificate of the person whose surname needs to be changed and other related documents as a basis for this.
• Step 2: Receiving the result: Within 03 working days from the date of receiving a complete dossier, if the change of surname is found to have a basis, the judicial officer - registrar will record it in the Household Registration Book, and at the same time, together with the person requesting the change of surname, sign the Household Registration Book and report to the Chairman of the People's Committee at the commune level to issue an extract for the requester.

Regarding the fee for changing the surname, each province will have its own regulations issued by the Provincial People's Council, as prescribed in Article 3 of Circular 85/2019/TT-BTC.

Thus, the process of changing a surname is not complicated and can be easily completed, provided that all necessary documents are ensured and relevant legal regulations are complied with.

4. Legal Implications

Impact on Identity and Legal Documents:

• Identity Change: Changing your surname can have implications for your personal identity and how you are perceived by others.
• Document Updates: You may need to update various legal documents, such as your passport, driver's license, and bank accounts, to reflect your new surname.
• Administrative Challenges: Updating these documents can be time-consuming and may involve multiple agencies.

Recognition in Other Countries:

• Varying Laws: The recognition of your changed surname in other countries may vary depending on their legal systems and procedures.
• Additional Requirements: You may need to provide additional documentation or follow specific procedures to have your changed surname recognized in foreign countries.

Potential Challenges:

• Bureaucracy: The process of changing a surname in Vietnam can be bureaucratic and time-consuming.
• Language Barriers: If you are not proficient in Vietnamese, language barriers may pose challenges during the application process.
• Administrative Hurdles: You may encounter administrative hurdles or delays in updating your documents.

It's important to be aware of these potential legal implications and to consult with legal professionals for guidance and assistance.

5. Cultural Considerations

Social Implications:

• Traditional Naming Practices: Changing your surname can deviate from traditional Vietnamese naming practices, which may have social implications.
• Family Expectations: Family members and friends may have expectations about maintaining traditional surnames, and changing your surname could cause some discomfort or disagreement.

Cultural Identity:

• Connection to Ancestors: Surnames are often seen as a connection to one's ancestors and family heritage. Changing your surname can affect this sense of belonging.
• Cultural Norms: Be mindful of cultural norms and expectations regarding surnames and how your decision may be perceived by others.

Societal Reactions:

• Acceptance: While some people may be open to and supportive of your decision to change your surname, others may have reservations or questions.
• Stereotypes: Be prepared for potential stereotypes or misconceptions associated with foreign surnames.

It's important to consider these cultural factors and be prepared for potential social reactions when deciding to change your surname.

6. Challenges and Limitations

Bureaucratic Procedures:

• Time-Consuming: The process of changing a surname in Vietnam can be bureaucratic and time-consuming, requiring multiple visits to government offices and completing various forms.
• Administrative Delays: There may be delays in the processing of your application, especially during peak periods or if additional information is required.

Language Barriers:

• Communication Difficulties: If you are not proficient in Vietnamese, language barriers may hinder your ability to communicate effectively with government officials and navigate the process.
• Translation Services: You may need to use translation services, which can add to the complexity and cost of the process.

Limited Flexibility:

• Restricted Reasons: The law may limit the reasons for which you can change your surname, and there may be specific criteria that must be met.
• Difficulty in Obtaining Approval: It may be challenging to obtain approval for a surname change if your reason does not fall within the specified categories.

It's important to be aware of these challenges and limitations and to be prepared to address them during the process of changing your surname.

7. Alternative Options

If you are unable to change your primary surname in Vietnam, there are some alternative options to consider:

• Using a Foreign Surname as a Middle Name: You may be able to use a foreign surname as a middle name, allowing you to maintain your original Vietnamese surname while incorporating the foreign name.
• Legal Aliases: In certain circumstances, it may be possible to obtain a legal alias, which allows you to use a different name in specific situations. However, the requirements and procedures for obtaining a legal alias may vary.
• Informal Use: You may be able to informally use a foreign surname in your daily life or professional settings without formally changing your legal name.

It's important to consult with legal experts to explore these alternative options and determine the most suitable approach for your specific situation.

8. Conclusion