Gender reassignment is a complex process that affects not only the physiological changes but also the psychological and social life of a person. This article provides an overview of the legal aspects of transgender people changing their names to match their gender transition.

1. Legal regulations on name change when changing gender

Pursuant to Point e, Clause 1, Article 28 of the 2015 Civil Code, the case of changing the name of a person who has re-identified gender or a person who has undergone gender reassignment falls under the cases where it is permitted to request a competent state agency to recognize the name change.

In addition, Article 37 of the 2015 Civil Code stipulates on gender reassignment as follows:

“Gender reassignment is carried out in accordance with the provisions of law. Individuals who have undergone gender reassignment have the right and obligation to register changes in their civil status in accordance with the provisions of the law on civil status; have personal rights consistent with the transformed gender in accordance with the provisions of this Code and other relevant laws”.

Accordingly, after gender reassignment, individuals have the right to change their name, have the right and obligation to register changes in their civil status in accordance with the provisions of law to match the transformed gender of that individual.

2. Procedures for changing civil status according to legal regulations

According to Article 28 of the 2014 Law on Civil Status, the procedure for registering changes and corrections to civil status includes the following specific steps:

Step 1: Prepare documents

The individual requesting registration of changes and corrections to civil status submits a declaration according to the prescribed form and related documents to the civil status registration agency.

Step 2: Submit documents

The person who needs to change his civil status submits the prepared documents to the People's Committee at the commune level (for people under 14 years old) or the People's Committee at the district level (for people 14 years old and above).

Step 3: Receive results

Within 03 working days from the date of receiving all documents as prescribed in Clause 1 of this Article, if the change or correction of the civil status is found to be reasonable and in accordance with the provisions of civil law and relevant laws, the judicial - civil status officer shall record it in the Civil Status Book, and the person requesting the registration of change or correction of the civil status shall sign the Civil Status Book and report to the Chairman of the People's Committee at the commune level to issue an extract to the requester.

In case of change or correction of the civil status related to the Birth Certificate or Marriage Certificate, the judicial - civil status officer shall record the change or correction of the civil status in the Birth Certificate or Marriage Certificate.

In case of verification, the time limit shall be extended by no more than 03 working days.

In case of registration of changes or corrections to the household registration not at the place of previous household registration, the People's Committee at the commune level must notify in writing with a copy of the household registration extract to the People's Committee at the place of previous household registration for recording in the Household Registration Book. In case the place of previous household registration is a representative agency, the People's Committee at the commune level must notify in writing with a copy of the household registration extract to the Ministry of Foreign Affairs for forwarding to the representative agency for recording in the Household Registration Book.

Above are some legal regulations on name change, procedures for changing civil status to match the changed gender of transgender people. This article is for reference and informational purposes only, not for consulting purposes. If you need advice, please contact us via email: info@barrso.com