Naming your baby: Should we keep it within a "framework"?

According to the Asian point of view, “the name determines the fate of each person”. Over time, the naming of children has changed a lot, taking on colors that reflect the diverse views and perceptions of parents, but many times it has made civil status officials “bewildered”…

Many types of "unique and strange" names

Name, including surname, first name and middle name (if any) to distinguish one person from another or to distinguish gender (like the previous principle of naming men "van" and women "thi"). The current Civil Code stipulates that individuals have the right to have a surname and a given name as well as the right to change their surname and given name in cases where the use of the surname and given name causes confusion, affects family affection, honor, rights and legitimate interests of that person. However, the law does not stipulate whether naming is too long, too ugly, half Vietnamese, half foreign, or named after leaders, national heroes, divine names, etc. is prohibited or not.

In order to ensure a "lucky" name for their children and grandchildren, many grandparents and parents even go to the trouble of "asking for a name" from feng shui masters and fortune tellers. It is not known whether the "asked" name will help the person named become rich and successful or not, but just because of naming, there are cases where it becomes the cause of family conflicts and disputes. In the case of Mr. THT (Hanoi), he only wanted to give his child a simple, traditional name, while his wife wanted to name her child after a Chinese film actress. Neither of them would accept the name the other gave their child, so Mr. T's wife returned to her parents' house.

25-letter limit "violates" personal rights?

According to Minister of Justice Ha Hung Cuong, although naming a surname, given name and middle name is a personal right of an individual, the State also needs to set out necessary regulations. “The regulation that naming must be in Vietnamese, limiting it to no more than 25 letters in the Draft Civil Code (amended) is very necessary. Because if the name is too long, documents such as birth certificates, driver's licenses, social insurance cards... will even have to be abbreviated to have enough space. This not only causes trouble for citizens but also makes management difficult and complicated,” Minister Cuong explained.

Member of the National Assembly's Committee for National Defense and Security Nguyen Thi Nhung said that civil status officers at the grassroots level are often powerless when persuading parents to give their children non-Vietnamese names. Names that are too long also cause difficulties in the process of use. Therefore, it is necessary to stipulate principles to avoid situations where, due to the wishes of parents and clans, children are given names that are not in accordance with customs and practices, and at the same time, resolve difficulties at the grassroots level.

However, recognizing that “the right to a surname and given name is a personal right of an individual that the Civil Code should not restrict”, lawyer Pham Thi Ngoc Oanh (Hong Chuyen Law Office) emphasized, “giving a long name does not affect social security. When parents want to name their children, they will also think about their children’s future, so there is no need to have such a regulation”.

Also concerned that the Draft regulation will “overtake the Constitution”, Chairwoman of the National Assembly’s Committee on Social Affairs Truong Thi Mai stated, “Long names do not have any impact on public health or social ethics. If you are concerned about long and complicated names, you should explain them to the people, not impose them.”

Experts and lawyers have analyzed that naming is a personal right of each person, which needs to be respected without being “restricted or imposed” by regulations as proposed in the Draft Civil Code (amended). There needs to be “regulations prohibiting naming children with offensive, obscene names, names that have the same surname as cruel people, revolutionary leaders…”.

Lawyer Luu Thi Ngoc Lan (Hanoi Bar Association) commented. Dr. Ho Xuan Thang (Head of the Faculty of Law, Saigon University) also said, "A name of more than 25 letters is rare, so there is no need to regulate it. The draft Civil Code should stipulate that names should not be contrary to customs and traditions and provide another word or phrase as a basis for sub-law documents to refer to.

Many countries in the world prohibit giving bad names.

In early April 2015, a town in Bavaria, Germany, banned a journalist couple from naming their son WikiLeaks, the name of Julian Assange’s website that leaked classified information. Previously, names like McDonald, Woodstock, and Peppermint were also rejected because German parents are not allowed to use town names or brands to name their children.

In New Zealand, in October 2013, the Ministry of Home Affairs released a list of 77 names that parents are not allowed to give their children, including names such as "V8" (symbol of the V8 car engine), "Queen Victoria", or "King", "Duke"...

The Malaysian government also prohibits families from giving their children bad names.

Even in Egypt, a farmer was arrested when he named his donkey after General Abdel Fattah al-Sisi, Commander-in-Chief of the Egyptian Armed Forces.

According to the Inspector