This is a new content in the Circular No. 04/2020/TT-BTP dated May 28, 2020 of the Ministry of Justice on detailing a number of articles of the Law on Civil Status and the Government’s Decree No. 123/2015/ND-CP dated November 15, 2015, detailing a number of articles of, and measures to implement, the Law on Civil Status.
Specifically, the determination of a child’s family name, ethnicity and naming for a child must comply with the law and the requirement to preserve Vietnam’s national identity, fine cultural customs and traditions; the name must not be too long and difficult to use.
In case where the parent fails to reach an agreement on the child’s family name, ethnicity and native place when carrying out birth registration, the child’s family name, ethnicity and native place shall be determined according to customary practices, but must be the father's or mother's family name, ethnicity and native place.
Remarkably, in case of requesting for a marital status certificate for marriage registration for a person with the same gender or with a foreigner at a foreign representative mission in Vietnam, the civil status registration agency shall refuse to settle it.
Besides, the Ministry of Justice specify that in case where the male and female partners cohabited as husband and wife without marriage registration, then gave birth and the child is living with the father, when the father carries out parent and child recognition registration but fails to contact the mother, the mother’s opinion shall not be required in the parent and child recognition registration declaration.
This Circular takes effect on July 16, 2020.