Nowadays, naming children has changed a lot, reflecting the diverse views and perceptions of the person who registered the birth, gradually no longer following the old style of defaulting boys to have the middle name "Van" and girls to have the middle name "Thi".
However, in reality, recently there has been a situation where people do not fully understand the provisions of the law, so they mistakenly think that they can register their children's and grandchildren's names as they like, in many cases not in accordance with Vietnamese customs and practices.
Regarding this issue, according to the provisions of Article 26 of the 2015 Civil Code:
"1. An individual has the right to have a surname and a given name (including a middle name, if any). A person's surname and given name are determined by that person's surname and given name at birth.
2. An individual's surname is determined by the biological father's or biological mother's surname according to the agreement of the parents; if there is no agreement, the child's surname is determined according to custom. In cases where the biological father cannot be determined, the child's surname is determined by the biological mother's surname.
In the case of an abandoned child whose biological father or mother is unidentified and who is adopted, the child's surname shall be determined by the surname of the adoptive father or 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 shall be determined by that person's surname.
In the case of an abandoned child whose biological father and mother have not been identified and who has not been adopted, the child's surname shall be determined upon the request of the head of the child care facility or upon the request of the person requesting birth registration for the child, if the child is being temporarily cared for by that person.
Biological father and mother as stipulated in this Code are father and mother determined based on the event of birth; the person requesting surrogacy and the person born from surrogacy as stipulated in the Law on Marriage and Family.
3. Naming is restricted in cases where it infringes upon the legitimate rights and interests of others or is contrary to the basic principles of civil law as prescribed in Article 3 of this Code.
The name of a Vietnamese citizen must be in Vietnamese or another ethnic language of Vietnam; the name must not be in numbers or in a character other than a letter.
4. Individuals establish and exercise civil rights and obligations under their full name.
5. The use of aliases and pen names must not cause damage to the legitimate rights and interests of others".
On the other hand, Clause 1, Article 6 of Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice stipulates: "Birth registration content is determined according to Clause 1, Article 14 of the Law on Civil Status, Clause 1, Article 4 of Decree No. 123/2015 and the following instructions:
"Determining the surname, ethnicity, and naming of children must comply with the law and the requirements of preserving the national identity, customs, and fine cultural traditions of Vietnam; do not choose names that are too long or difficult to use."
Therefore, naming a child is the right of parents but must also comply with some of the relevant legal regulations mentioned above.
In addition, regarding the responsibility for birth registration, Article 15, Section 1, Chapter II of the 2014 Law on Civil Status (Law No. 60/2014/QH13 dated November 20, 2014) stipulates that within 60 days from the date of birth, the father or mother is responsible for registering the birth of the child. In case the father or mother cannot register the birth of the child, the grandfather or grandmother or other relatives or individuals or organizations raising the child are responsible for registering the birth of the child.
It is best for parents to name their children with pure Vietnamese names or names that match their ethnic language. In particular, they should not choose names that are too long, difficult to write, difficult to pronounce... unnecessary, because later on it may affect the rights of the children.
Minh Hoa (t/h)
Source: https://www.nguoiduatin.vn/co-phai-cha-me-muon-dat-ten-con-nhu-the-nao-cung-duoc-a665919.html
Comment (0)