7. Is it allowed to issue an ID card for children with foreign names?
The question is: The two children have a non-Vietnamese father. The boy was born in 2013 and the girl in 2016. The children's birth certificates include their full names (foreign names). Both children have identification numbers, but when applying for an ID card, they were told that their names are invalid because they do not have Vietnamese names, despite having valid birth certificates and having previously been issued passports and household registration documents under those names.
So what should be done?
Regarding the above question, Lawyer Nguyen Quoc Cuong responds as follows:
Based on Clause 1, Article 19 of the Law on Identification, the individuals eligible for an identification card are Vietnamese citizens.
Therefore, in the procedure for issuing identification cards, the only requirement is that the applicant must be a Vietnamese citizen, without any condition that the Vietnamese citizen must have a Vietnamese name.
As a result, if there is a complete set of documents to prove that the applicant for the issuance of an identity card is a Vietnamese citizen, the competent state authority is obligated to carry out the procedure for issuing the identity card. The documents may include a birth certificate, household registration book, passport, and other papers that confirm identity and family relations.
In cases where an official refuses to issue an identity card on the grounds of the absence of a Vietnamese name, the applicant may request a specific explanation regarding the reason for the name being deemed inappropriate and demand that they provide the legal basis for such refusal.
Additionally, a written complaint may be submitted to a higher authority or the residency management department. The complaint should clearly outline the circumstances, the documents provided, and the request for resolution.
6. The making up rumor about a little girl is a child of Angela Phuong Trinh: Can handle criminals.
Recently, Angela Phuong Trinh rumors have a daughter that causes a stir on social networks. Network residents spread the photo of actress shooting with a little girl and have many negative, malicious comments.
Facing the speculation, Angela Phuong Trinh and representative of the baby family (baby girl appeared in photoscut) have spoken up to deny the rumors.
Talking with reporters, Lawyer Nguyen Quoc Cuong said: For those who have the children's image collage behavior and spread fake news, depending on the level of violations as well as the consequences of occurrence, they will be administratively sanctioned or subject to civilian or may be examined for criminal liability.
Regarding administrative sanctions: Based on Point e, Clause 3, Article 102 of Decree No. 15/2020 / ND-CP amending supplemented by Decree 14/2022 / ND-CP will be sanctioned from VND 10 million to 20 million VND for people with acts of collecting, handling and using acts Information of other individuals without consent or wrong purposes in accordance with the law.
Regarding civil liability: Based on Article 34 of the 2015 Civil Code, individuals with information that adversely affect honor, dignity and prestige have the right to initiate lawsuits and require a court to reject that information and ask people to give information to sorry, public reform and compensation for rules legal law.
Regarding criminal responsibilities: Based on Article 156 of the 2015 Criminal Code of that are 2017 supplemented, the subjects with acts of being placed or spread about the truth is wrong to severely offend the dignity, honor or damage to the rights and legitimate interests of others will be guilty. "Slander", accordingly, it will be penalized for 10 million dong to VND 50 million, fine for imprisonment for 2 years or imprisonment from 3 months to 7 years (depending on the nature and level of behavior that the offenders).
In addition, offenders may apply other additional penalties such as prohibiting positions, prohibiting practice or doing certain jobs from 1 year to 7 years.
5. Foreign settlement for 40 years, losing birth certificate (only have the birth certificate has been notarized), can you grant Vietnamese passports?
Attorney Nguyen Quoc Cuong gave a reply on the above question as follows:
According to the provisions of law, the birth certificate (original, Vietnamese) is one of the documents that need to be provided when making a Vietnamese passport.
If you have lost Vietnamese birth certificate, you need to contact where it was provided to ask to excerpt birth certificate.
Based on Clause 5, Article 4 of the 2014 Law on Civil Status, the civil status database management agency consists of a civil status registration agency, Ministry of Justice, the Ministry of Foreign Affairs and other agencies shall be assigned the authority according to the provisions of law.
Therefore, you need to contact the Ministry of Justice or the provincial / municipal Department of Justice where you were born to carry out the procedures for excerpting the birth certificate.
After that, contact the US Embassy or Consulate in the US to receive a specific guidance on the process of applying for a passport with existing papers.
They will provide information about whether to add any documents and instructions on how to apply.
