Name of the statutory
Name of the statutory
First, we need to know is that citizens have the right to change your name.
According to "general principles of the civil law of the People's Republic of China" the provisions of article ninety-nine of the: "the citizens shall enjoy the right of name, have the right to decide, use and change their names according to relevant provisions, prohibit others to intervene, theft and counterfeiting."
Name, we need to get new id card.The id card law stipulated in article 10: "apply for resident identity card, shall fill in the identity card application registration form", present the household register."To change the name of id card, effectively to change brought a new id card.So, must first change the account name, because the redemption id card to show their registered permanent residence, id and the name of the account must be consistent.
The following specific about citizen change the name of the rules.
About the name of the relevant provisions are: citizens need to change the name under the age of 18 years, can be raised by their parents or people put forward a written application, after verification by the household registration authority to change;Citizens of more than 18 one full year of life, will not be changed in principle, there are justified reasons need to change the name, put forward a written application by oneself, in the case of a state organs, organizations, schools, enterprises and institutions, such as need to be in the unit organization personnel department granted the proof of change.
"Warrant" usually refers to: the name of crown of women remove her name, or surname name instead of;Taoist, buddhist,
Gu and secularization, dharma name change to the common name;Name contains the social public is not easy to identify the little-used words, etc.
Citizens change name is protected by law, but in practice there is a big difficulty, name change brings disadvantages and too much trouble.
The specific laws and regulations are as follows:
The household registration of the People's Republic of China regulations stipulated in article 18: "citizens change name, according to the following provisions: a persons under 18 years of age, people need to change the name, by oneself or parents, adoption to the household registration authority for registration of change of rules, citizens have the right to change the name.Two or more people, 18 one full year of life need to change the name, by oneself to the household registration authority for registration of change."
Change names need to be done in the following programs: citizens under the age of 18 to change name, submit a written application by the parents, parents' divorce, divorce certificates is required as photocopies and the application of both parents;More than 18 years of age citizens change name, submit a written application by oneself, the work unit or street, after verification by the police investigation, the police chief for examination and approval.
Citizens registered permanent residence registration of change is due to the objective conditions change, in order to make the original registration content conform to the actual situation
A registration.Household registration have legal effectiveness, change can only apply for registered permanent residence registration authorities in accordance with the law, citizens can't change.
(1) the name change
Preschoolers name change can be a verbal application, held by police themselves.Children over 10 years old should get consent, adults put forward written application by itself.Go to schoolTo citizens under the age of 16 after have to change the name, by the police station, the director of the examination and approval.After 16 years of age, shall put forward written application by oneself and valid documents to the public security organ for examination and approval.
Be deprived of political rights according to law and are affected by criminal penalties and reeducation through labor, may not change the name.Citizens shall change the name, the original name as "former name" for future reference.
(2) the change of date of birth
Citizens apply for change of date of birth, should produce valid proof of birth certificates or notary office, after police investigation is true, will change after approval.
(3) the ethnic composition changes
The registered permanent residence registration authority can only according to the national work departments at or above the county level shall issue a notarial procedures of alteration.The state provisions to restore or correct ethnic composition, individual applicants national work departments at the county level shall audit;Takes a concentrated applicants or a street quite a number of residents by the local (city) level national department for examination and approval;You have a wide range of people requirement, by provincial authorities in the investigation, the examination and approval of the people's government at the corresponding level and submitted to the state council for examination and approval.Every generation of demand corrections from the recovery or ethnic composition, should first change their parents' ethnic composition, prior to change its ethnic composition;If parents are dead, can according to the raw grandparents or maternal grandparents side of the national elements, selected by himself to change;Raw grandparents or maternal grandparents were already dead, no longer vertical back or horizontal quoted changing ethnic composition.Ethnic composition is different because of the adoptive relationship or marriage, parents to change their children of ethnic composition, adults should not change, minor children can be selected by their parents.
Write a name to apply for to the police station of seat of registered permanent residence, affix one's seal take residence booklet to the local public security bureau household registration.Cast archives after about 7 or 15 working days can be formally changed, booklet of registered residence inside will set forth the former name is what, what is the current name.
According to the household registration management regulations, citizens can change the name, the specific process is as follows:
(1) I apply for a (basic situation, the reasonable reason, the new name).
(2) the unit certificate to hr department.
(3) to the police station the application, to prove, and fill out a claim form, can deal with name change after 2 weeks.
(4) when the name change with hu kou book, again to handle id card.
The ministry of public security in June 2007 issued "name registration ordinance (draft)", has been done to study and draft by the ministry of public security, and issued by the public security organs around the training organization.
The ordinance (draft) "in the name of citizens for the first time to make hard and fast rules: citizens should adopt their father's or mother's surname, but allow use both parents names.When children use both parents names, but according to name a surname, but does not count as compound surname.
For citizen named words, restrictions should be in a certain condition."Byelaw" regulation: the name must not contain any of the following content: the damage state or national dignity;Violate national public policy;Easy to cause a bad reaction by the person the public or misunderstanding.
Given the name shan in China usually in two to three characters, compound surname, or by both parents names for three to four more
Chinese characters, "byelaw" regulation: in addition to using words or writing, translation to write Chinese characters, the name words should be in more than two Chinese characters, under the six characters.
"Byelaw" regulation, the name must not use or contain the following text, letters, Numbers, and symbols:
The traditional characters of has been simplified;
Di (2) have been eliminated, but di except in name;
(3) the word;
(4) foreign language;
(5) Chinese phonetic alphabet;
6 digits;
All landowners symbols;
Today other than standard Chinese characters and minority text beyond words.
At the same time, "ordinance (draft)" in regulation, to prevent the misuse of right of name, frequent change of name,
Since the implementation of regulations of our country citizens under the age of 18 apply for registration of change of name, is limited to one time."Ordinance (draft)" also stipulates, false documents issued by name of to apply for registration or, in the name of the registration of change by the household registration organ to give warning, impose a fine of less than RMB 500.Diddle name or name change registration, a fine of less than 800 RMB yuan.
Citizens apply for name change, should take the following documents:
(1) the applicant's written application (under 16 years of age, filed by its guardian);
(2) parents divorced change under 16 personnel surname, divorce is required to provide identification procedures, and agreed by both parents write a signature protocol;
3. Residence booklet, identity CARDS;
(4) belong to the state organs, organizations, schools, enterprises and institutions of the staff and personnel are required to submit their unit, school allow changes prove that, in the school student, the dispute shall be submitted to school allow change certificate, no unit by the seat of registered permanent residence (village) committee that issue a certificate, and then by the census register seat on the certificate signing, the district police station director, director of the agreed to print change after correction table (under the age of 16, names of personnel changes, do not need to print change correction table, after sending directly by the director, the director of the examination and approval after
The household registration office to handle) office HuBan hall for examination, verification and approval.
There are three conditions: adult incognito
The first is to express change name will;
The second reason to fully;
The third is I want to undertake the renamed caused by civil and legal liability shall be borne by himself, and can only change a life
Who want to change name to the public security bureau of census register seat door window, get the application form, and provide the required information, after examination and approval of the name.
Name must be carefully, because the renamed to their bank card, social security, medicare, and property right card and so on a series of problems, if processes is not good, also can produce a lot of trouble.
Apply for change name is rejected, or limit, in the name of the referenced from the law, are violated the citizen's right of name, citizens can through civil litigation or the names of the administrative litigation to maintain their legal rights.
Citizens name changes, the public security organs in all kinds of archives information truthfully for citizen's former name can be recorded, citizens in the original name deposits, fry, insurance premium of pay, collect all kinds of insurance, concluded after the contract need to continue to exercise their rights to perform its obligations on a new name, just need to proof of name change issued by public security organs.
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