How is the naming of a child regulated? Is it permissible to give a child a foreign name?

How is the naming of a child regulated? Is it permissible to give a child a foreign name?

According to Article 26 of the 2015 Civil Code, the right to have a surname and given name is regulated as follows:

1. The right to have a surname and given name is one of the personal rights recognized by the 2015 Civil Code. Specifically, Article 26 provides: “An individual has the right to have a surname and given name (including a middle name, if any). The surname and given name of a person are determined according to his/her birth certificate.”

2. The surname of an individual is determined based on the biological father’s surname or the biological mother’s surname, as agreed by the parents; if no agreement is reached, the child’s surname shall be determined according to customary practice. In cases where the biological father has not been identified, the child’s surname shall be determined according to the biological mother’s surname.

In the case of an abandoned child whose biological father and mother have not been identified and who is adopted, the child’s surname shall be determined based on the adoptive father’s or adoptive mother’s surname, as agreed by the adoptive parents. If there is only an adoptive father or an adoptive mother, the child’s surname shall be determined according to that person’s surname.

In the case of an abandoned child whose biological parents have not been identified and who has not been adopted, the child’s surname shall be determined based on the request of the head of the child care institution or upon the request of the person registering the child’s birth, if the child is being temporarily cared for by such person.

The terms “biological father” and “biological mother” under this Code refer to the father and mother as determined on the basis of childbirth; and, in the case of surrogacy, the person commissioning the surrogacy and the child born through surrogacy as provided under the Law on Marriage and Family.

3. Regulations on naming:

• The naming of a person is restricted in cases where it infringes upon the lawful rights and interests of others or violates the fundamental principles of civil law as prescribed in Article 3 of this Code;

• The name of a Vietnamese citizen must be in Vietnamese or in another ethnic minority language of Vietnam;

• Names must not consist of numbers or characters that are not letters.

In addition, pursuant to Article 6 of Circular No. 04/2020/TT-BTP on birth registration content, which is determined in accordance with Clause 1, Article 14 of the Law on Civil Status, Clause 1, Article 4 of Decree No. 123/2015/ND-CP, and the following guidelines:

“1. The determination of surname, ethnicity, and the naming of a child must comply with the law and ensure the preservation of national identity, customs, and fine cultural traditions of Vietnam; names must not be excessively long or difficult to use.
2. Where the father and mother cannot reach agreement on the child’s surname, ethnicity, or place of origin at the time of birth registration, such surname, ethnicity, or place of origin shall be determined according to customary practice but must be based on the surname, ethnicity, or place of origin of either the father or the mother.”

Accordingly, when registering a child’s birth, the naming of the child must comply with legal provisions, specifically: the child’s name must be in Vietnamese or in another ethnic minority language of Vietnam; it must not consist of numbers or characters that are not letters; furthermore, it must not infringe upon the lawful rights and interests of others nor contravene the fundamental principles of civil law.

If the father is a foreigner and the mother is Vietnamese (or vice versa), can the child be given a foreign name?

Pursuant to Clause 3, Article 26 of the 2015 Civil Code: “The name of a Vietnamese citizen must be in Vietnamese or in another ethnic minority language of Vietnam; names must not consist of numbers or characters that are not letters.”

At the same time, under Article 16 of the 2008 Law on Vietnamese Nationality and Article 9 of Decree No. 191/2025/ND-CP:

• A child shall have Vietnamese nationality if the parents agree to choose Vietnamese nationality for the child at the time of birth registration.

• In cases where a child is born in the territory of Vietnam and the parents cannot agree on the child’s nationality at the time of birth registration, such child shall have Vietnamese nationality. The father or mother must make a written declaration affirming the lack of agreement on nationality selection and shall bear responsibility for this declaration.

• In cases where a child has already been registered at a competent foreign authority and has foreign nationality, the child shall also have Vietnamese nationality if the parents agree to choose Vietnamese nationality for the child when recording the birth registration into the Civil Status Register. The retention of foreign nationality must comply with the laws of the country of which the child is a national. The parents must provide a written declaration affirming the retention of such foreign nationality in compliance with the law of that country and bear responsibility for this declaration.

In principle, if the child holds Vietnamese nationality, the name must be in Vietnamese or another ethnic minority language of Vietnam; if the child holds foreign nationality, the naming shall follow the laws of that country.

Therefore, even if either the father or the mother is a foreigner, if the child is of Vietnamese nationality, the name of the child must still comply with Vietnamese law.