Legality of name change
First of all, what we need to know is that citizens have the right to change their names.
According to Article 99 of the "General Principles of the People's Republic of China and Civil Law": "Citizens enjoy the right of name and have the right to decide, use and change their names in accordance with regulations, and others are prohibited from interfering, Theft and counterfeiting. ”
After changing our name, we need to get a new ID card. Article 10 of the "Identity Card Law" stipulates: "To apply for a resident identity card, one should fill in the "Registration Form for Application for Resident Identity Card" and submit the resident household registration book for verification." To change the name on the identity card is actually equivalent to a new one. A new ID card. Therefore, the name on the household registration must be changed first, because the ID card needs to be submitted for verification of the household registration, and the name on the ID card and the household registration must be consistent.
Let’s talk about the regulations in detail when citizens change their names.
The relevant regulations on the issue of name change are: If a citizen under the age of 18 needs to change his name, his parents or caregivers may submit a written application, which will be approved after verification by the household registration authority. Change: In principle, no change will be allowed for citizens over 18 years of age. If there is a legitimate reason to change the name, the person must submit a written application. If it belongs to an agency, group, school, enterprise or institution, etc., the person must have the personnel organization of the unit where he or she belongs. Proof of departmental approval of the change.
"Justified reasons" usually refer to: women with their husband's surname drop their husband's surname, or change their surname to their given name; monks, Taoists, nuns, etc. return to secular life and change their dharma name Common names; names containing uncommon characters that are difficult for the public to recognize, etc.
Citizens changing their names are protected by law, but it is very difficult in practice. Changing their names brings too many disadvantages and troubles.
The specific laws and regulations are as follows:
Article 18 of the "Regulations on Household Registration of the People's Republic of China" stipulates: "Citizens who change their names shall be handled in accordance with the following provisions: 1. Unknown When a person who is over 18 years old needs to change his or her name, the person or his/her parents or adopter must apply to the household registration authority for registration change. Citizens have the right to change their name. I apply for change registration to the household registration authority. ”
Name change needs to be carried out according to the following procedures: Citizens under the age of 18 must submit a written application for name change. If the parents are divorced, a copy of the divorce certificate and Applications from both parents; for citizens over 18 years of age to change their names, they must submit a written application and proof from their workplace or street. After investigation and verification by the police, they will be reported to the director of the police station for approval.
Citizens' household registration change registration is a registration carried out
due to changes in objective circumstances in order to make the original registration content consistent with the actual situation. Household registration has legal effect. Changes can only be made by applying to the household registration department in accordance with the law. Citizens cannot make changes on their own.
(1) Name change
Preschool children can apply verbally for name change, which is under the control of the police themselves. Children over 10 years old must obtain their consent, and adults must submit a written application on their own. Citizens who have entered school and are 16 years old must change their names for approval by the director of the police station. After 16 years of age, you must submit a written application and submit valid certification materials to the public security organ for review and approval.
Those who have been deprived of political rights in accordance with the law and are subject to criminal punishment and reeducation through labor may not change their names. After a citizen changes his or her name in accordance with the law, the original name will be kept as the "former name" for future reference.
(2) Change of date of birth
Citizens who apply to change their date of birth must present a valid birth certificate or a certificate from a notary public. The change can only be approved after being investigated by the police and found to be true. .
(3) Change of ethnic composition
The household registration authority can only handle the change procedures based on the notarization issued by the ethnic affairs department at or above the county level. The National Ethnic Affairs Commission stipulates that the ethnic identity should be restored or corrected. Individual applicants shall be reviewed by the county-level ethnic affairs department; applicants with a large number of households in one village or street shall be reviewed and approved by the prefectural (city)-level ethnic affairs department; those with large-scale public requests , the relevant provincial departments will conduct an investigation, and the people's government at the same level will review and submit it to the State Council for approval.
If the ethnic identity of the deceased is required to be restored or corrected after a generation is passed, the ethnic identity of the parents should be changed first, and then the ethnic identity of the person himself should be changed; if the parents are deceased, the ethnic identity of the biological grandparent or maternal grandparent can be changed according to the individual's choice; If both biological grandparents or biological maternal grandparents are deceased, the ethnic composition will no longer be changed vertically or horizontally. If people of different ethnic groups request to change the ethnic group of their children due to adoption or parental marriage, adults should not change it. Minor children can be selected by both parents through negotiation.
Write a name change application and submit it to the police station where your household registration is located. After stamping, take your household registration book to the household registration section of the local public security bureau for registration. It will take about 7 or 15 working days after the file is submitted to be officially changed. The household registration book will indicate what the previous name was and what the current name is.
According to the household registration management regulations, citizens can change their names. The specific process is as follows:
① Apply for one in person (basic information, reasonable reasons, new name).
②The unit’s human resources department issues a certificate.
③ Go to the police station to submit the application, submit proof, and fill out an application form. The name change can be processed in 2 weeks.
④ Bring your household registration book when changing your name, and then apply for a new ID card.
The Ministry of Public Security promulgated the "Name Registration Regulations (First Draft)" in June 2007, which has been researched and drafted by the Ministry of Public Security and distributed to local public security agencies to organize training.
For the first time, the "Regulations (First Draft)" stipulates that citizens should take their father's or mother's surname, but they are allowed to use the surnames of both parents. When a child adopts the surnames of both parents, they can be named according to both surnames, but it will not be counted as a compound surname.
Necessary restrictions should be placed on the names and words used by citizens under certain conditions. The "Regulations" stipulate that names shall not contain the following contents: those that damage the dignity of the country or nation; those that violate good national customs; those that are likely to cause adverse reactions or misunderstandings from the public.
Taking into account that the single surname in our country usually has two to three Chinese characters, and the compound surname or the surname of both parents usually has three to four Chinese characters.
The "Regulations" stipulates that in addition to using ethnic In addition to writing or writing or translating Chinese characters, the name should be more than two Chinese characters and less than six Chinese characters.
The "Regulations" stipulate that names shall not use or contain the following words, letters, numbers, and symbols:
①Simplified traditional Chinese characters;
②Obsolete Variants of characters, except those in surnames;
③Self-made characters;
④Foreign characters;
⑤Chinese pinyin letters;
< p> ⑥*** Numbers;⑦Symbols;
⑧Other words that are beyond the scope of standardized Chinese characters and ethnic minority characters.
At the same time, the "Regulations (Preliminary Draft)" also stipulates that in order to prevent the abuse of name rights and frequent name changes,
After the implementation of the regulations, all persons over the age of 18 in our country will Citizens may apply to register name changes only once. The "Regulations (Preliminary Draft)" also stipulates that anyone who submits false certification materials to apply for name registration or name change registration will be given a warning by the household registration authority and fined not more than 500 yuan. Anyone who fraudulently obtains name registration or name change registration shall be fined not more than 800 yuan.
Citizens who apply to change their name must present the following supporting documents:
① Applicant’s written application (for those under 16 years old, the application shall be submitted by their guardian);
② If the parents divorce and change the surname of a person under the age of 16, the divorce certificate procedure must be provided, and both parents must sign an agreement and agree;
③ Household registration book and resident ID card;
④ If you are a staff member of an agency, group, school, enterprise or institution, you must submit a certificate of change approved by the personnel department of your unit or school. Students who are in school should submit a certificate of change approved by your school. Those who do not have an employer must submit a certificate of residence (village) where your household registration is located. The committee will issue a certificate, and then the police in the responsible area where the household registration is located will sign on the certificate. The director in charge of the police station will print a change and correction form after consent Then go directly to the household registration office of the police station) and report it to the household office hall of the branch for review and approval.
There are three conditions for adults to change their name:
The first is that the person must express his/her wish to change the name;
The second is that the reason must be sufficient;
< p> The third is that I have to promise that all civil and legal liabilities arising from the name change will be borne by myself, and that I can only change my name once in my life.Those who want to change their name should go to the household registration window of the Public Security Bureau where their household registration is located and get the application form. , and provide the required information, and the name can be changed after approval.
You must be careful when changing your name, because changing your name will involve a series of issues such as your bank card, social security, medical insurance, property rights certificate, etc. If not handled well, it will also cause a lot of trouble.
If your application to change your name is rejected, or if you restrict the words quoted in your name, it is a legal violation of the citizen's right to name. Citizens can protect their legal right to name through civil litigation or administrative litigation. .
After a citizen’s name is changed, the public security agency can truthfully record the citizen’s former name in various file information. The citizen can deposit, trade stocks, pay, and receive various insurance premiums under the original name. If you need to continue to exercise your rights and perform your obligations under a new name after concluding a contract, you only need to go to the public security organ to issue a certificate of name change.