The purpose of the dissertation is on the base of presenting and analyzing theoretical basic and current status of state management of civil status in the Northern border provinces, at the aim to provide scientific recommendations making contribution to ensure state management of civil status in the Northern border provinces of Viet Nam.
Trang 1MINISTRY OF EDUCATION AND
TRAINING -/ -
MINISTRY OF HOME AFFAIRS
-/ -
NATIONAL ACADEMY OF PUPLIC ADMINISTRATION
NGUYEN ANH TU NGUYỄN ANH TÚ
THE CURRENT STATE MANAGEMENT OF CIVIL STATUS IN NORTHERN BORDER PROVINCES OF
Trang 2The work has been completed at:
NATIONAL ACADEMY OF PUPLIC ADMINISTRATION
No.77, Nguyen Chi Thanh, Dong Da, Hanoi Time: date month 2018
The dissertation can be found at the library of National Academy of Public Administration or on the Website of the Post – graduate Department,
National Academy of Public Administration
Trang 3PREFACE
1 The necessary of the study
State management of civil status has been a requirement that our state always pay much attention to and spends a lot of time, effort and capital on In the past time, there have been documents on state management to solve problems related to civil status Nowadays, due to the country's development, the increasing demand for international integration, the civil status, not only domestic, but also foreign factor related ones such
as marriage, sex reassignment, surrogacy and adopting children, etc become more and more popular and tend to increase
State management of civil status in the Northern border provinces has been implemented synchronously by state agencies at all levels and the state management mechanism on civil status has been deployed from the central to the commune level, contingent of civil status and justice servants, heads of People's Committees at all levels are equipped with knowledge to implement the state management in the localities In general, state management of civil status has been gradually improving and has gained certain results in maintaining staff, organizational structure and working performance
However, the practice of state management of civil status in the Northern border provinces still reveals many issues that need to be studied such as the impact of natural terrain factors, economic factor, cultural and social factors and other influencing factors These factors include long-standing and still-existing backward customs, which have become a corollary and have negative impact on society, human rights and citizenship; current issues such as limited accessing to civil status of citizens; poor economic conditions, destitute infrastructure, specific locations of border provinces associated with foreign elements, together with the problem of mountainous and divided terrain, the traffic system is difficult to access, far from the administrative center, the administrative and institutional apparatus is inadequate, and inefficiency and other civil status issues remain
From the above situation, the state management of civil status in the Northern border provinces needs to be recognized and assessed objectively and urgently in order
to have solutions for reorganization and improvement This should have comprehensive studies on civil status in the Northern border provinces at the aim to search for supplement of the scientific foundations for further improving the state
Trang 4management of civil status effectively and efficiently making contribution to promote socio-economic development, national defense and security and ensuring human rights and citizenship
This is the reason for the topic “The current state management of civil status in the
Northern border provinces of Vietnam” has been selected as a research topic of
doctoral dissertation in public management major of the National Academy of Public Administration
2 Purposes and tasks of the study
2.1 Purposes of the study
The purpose of the dissertation is on the base of presenting and analyzing theoretical basic and current status of state management of civil status in the Northern border provinces, at the aim to provide scientific recommendations making contribution to ensure state management of civil status in the Northern border provinces of Viet Nam
2.2 Tasks of the study
To systematize and evaluate the research situation related to the topic, thus identifying the issues that the dissertation will inherit as well as issues that the dissertation need to be further studied; To interpret and clarify the theoretical issue of state management of civil status such as civil status, contents of state management of civil status, experiences of some countries on the state management of civil status and reference values for Vietnam and Northern border provinces; To survey, analyze and evaluate the practice of state management of civil status in the Northern border provinces, clarify the achieved results, the weaknesses and their causes; provide scientific recommendations on the improvement of state management of civil status in the Northern border provinces
3 Objects and scope of the study
3.1 Objects of the study:
Theoretical and practical issues of state management on civil status
3.2 Scope of the study
The dissertation has scope of study on:
- Space: in Northern border provinces of Viet Nam;
- Time: since 2006 (the time of Decree 158/2005/NĐ-CP came to effect) to
present;
- Content:
Trang 5The state management of civil status in the Northern border provinces has a wide scope related to many areas and scope of the dissertation focuses on the following contents:
+ Civil status;
+ State management of civil status (subject, content);
+ Status of state management of civil status in the Northern border areas of the Northern border provinces;
+ Viewpoints and solutions to ensure state management in Northern border provinces
4 Methodology and research methodology
4.1 Methodology:
The dissertation was studied on the basis of dialectical materialism methodology,
Marxist-Leninist historical materialism, Ho Chi Minh Ideology and the Viet Nam Communist Party's and State’s viewpoints and guidelines on civil status policy in general and civil status in the Northern border provinces in particular
4.2 Research methodology
(1) Method of studying texts and documents
(2) Method of statistics, synthesis, analysis
Use statistical data from 2006 to 2017 to collect, synthetize and analyze indicators and contents related to civil status registration in border provinces On the basis of aggregated data, questionnaires, sociological surveys, to analyze the good aspects, limitations, shortcomings and causes
(3) Method of survey:
Distribute the questionnaire to survey the needs of the people and at the same time reflect and evaluate the management decisions and responsibilities of state agencies and authorities towards people in the area of civil status;
5 5 Scientific hypothesis, research questions
5.1 Scientific hypothesis
At present, the state management of civil status has been implemented under a general mechanism throughout the country, without consideration given to the particularities of the border areas, hence, state management of civil status in these specific areas have many shortcomings Therefore, it is necessary to ensure the state management of civil status in the Northern border areas in the direction of attaching importance to the particularities of these area
5.2 Research question
Trang 6(1) Which particularities of localities and regions should the state management of civil status in the Northern border provinces take into account?
(2) What do the current state management of civil status in the Northern border provinces lay out for the planning and implementation of legal policies on state management of civil status?
6 New contribution of the dissertation
6.1 As for Theory
The dissertation has supplemented and improved the theory on state management
of civil status on the basis of analyzing and clarifying the state management theory and reason
6.2 As for Practice:
The recommendations of the dissertation are references for the actual situation of state management of civil status in the Northern border provinces as well as for provinces with similar conditions The dissertation helps the agencies, organizations and individuals to properly and fully understand the values of civil status and state management of civil status, thereby forming behaviors in conformity with the law, contributing to ensuring and protecting human rights and citizenship
The research results of this dissertation are useful references for studying and teaching of cadres and students in state administrative management training institutions
7 Structure of the dissertation
In addition to the introduction, table of contents, conclusions, annex, list of references, the dissertation is divided into 4 chapters
CHAPTER 1 OVERVIEW OF RESEARCH RELATED TO THE DISSERTATION TOPIC 1.1 Overview of research related to state management of civil status in domestic and oversea
1.1.1 Researches of oversea authors
Theoretical researches
Legal aspects of civil registration in the Philippines (1998), includes:
Importance of civil registry documents in judicial processes by Atty Jose C.Sison, and Provisions of the family code concerning civil registration by Atty Renne A.V Saguisag Strengthening civil registration and vital statistics in the Asia – Pacific
region: Learning from country experiences (by Carla Abouzahr, Said Yaqoob Azimi,
Trang 7Lisa Grace S Bersales, Chandrasekaran Chandramouli, Lourdes Hufana, Khalid Khan, Gulnara Kulkaveva, Jonathan Marskell, and Lvaziza Sauvekenova, 2009)
The Child’s Right to Birth Registration - International and Chinese Perspectives (2004) by Liu Huawen The Child’s Right to Birth Registration - International and Chinese,
Practical researches and solutions:
Methods and Problems of Civil Registration Practices and Vital Statistics
Collection in Africa (Toma J Makannah Economic Commission for Africa Addis Ababa, Ethiopia, 1981)
Organization and status of civil registration in africa and recommendations for improvement (International Institute for vital registration and Statistics, April 1988)
Civil registration systems and vital statistics: successes and missed opportunities
(Prasanta Mahapatra, Kenji Shibuya MD, Prof Alan D Lopez PhD, Francesca Coullare
MD, Francis C Notzon PhD, Chalapati Rao MD, Simon Szreter PhD, 1992)
Vital Statistics System of Japan (Kozo Ueda and Masasuke Omori, August
1979
Vital Registration and Marriage in England and Wales (Office of Population
Censuses and Surveys, London, October 1979)
The Organization of the Civil Registration System of the United States, (Anders
Le Thi Minh Hieu (2013), Current implementation of the law on civil status in Thai
Nguyen province, Master thesis of Law, Ha Noi; Nguyen Phuong Nam (2013),
“Solutions to improve the capacity of judicial - civil status servants in the city of Ha
Noi” Democracy and Law (5), p 61 - 64; Pham Trong Cuong (2003), Civil status management in our country - Some ideas on the direction of innovation, Democracy
and Law (2), p 29 - 32, 39; Pham Trong Cuong (2004), Requirements for state
management of civil status, Democracy and Law (12), p.4 - 5, 8; Pham Hong Hoan
Trang 8(2011), State management of civil status at the commune level, Dan Phuong district,
Ha Noi, Master thesis of Public administration, Ha Noi; Academy of Journalism and Communication, Ha Noi - Students of the 26 th course (2009), Civil status management
in communes in Bac Giang province, Civil status scheme - Social management class
Practical researches and solutions:
Le Thi Hoang Yen (2002), Practical registration of civil status and direction of
completion, Ha Noi; Tran Van Quang (2006), Improve the capacity of judicial-civil servants in the current period, Democracy and Law (9), p.2-7; Luong Thi Lanh
(2012), The registration and management of civil status before the development
requirements of the country in the new period, Democracy and Law (9), p.2-6; Le
Ngoc (2012), Civil status registration and management: entanglement problems,
Democracy and Law (7), p 61 - 64; Le Viet Thien (2013), The role of judicial-civil
servants in the legal dissemination and education in Vietnam today, Master thesis of
Laws, Ha Noi; Pham Van Loi, Nguyen Van Hien (1998), Child’s rights and civil
status registration in international treaties, Democracy and Law (11), p.10-12, 19; Le
Thi Ngoc Lam (2006), Current situation and solutions for renovating and improving
the performance of judicial - civil status at commune level, Judicial Publishing House,
Ha Noi; Le Thi La (2008), Obstacles from the practical implementation of the law on
civil status registration and management, Democracy and Law (8), p 56 - 59; Ngo Đuc Thien (2010), Civil registration in the border communes of Duc Co district, Gia Lai province, Democracy and Law, (11), p 16-18; Minh Hien (2012), Civil status
registration and management in Ca Mau province, Democracy and Law (9), p 15 -
21; Kieu Thi Hue (2015), Civil status registration and management in Nghe An
province, Democracy and Law (10), p.14 - 16
1.2 General comments on the research situation related to the dissertation topic
1.2.1 The achieved research results
In general, above domestic and foreign researches on civil status and state management on civil status have built up important foundations for the theory of state management of civil status, important orientations for the current intensive research content on state management of civil status
1.2.2 The contents have not been thoroughly researched
Till now, there have not many researches in the area of civil status in Vietnam, besides, the articles published in magazines are monograph, specialized, there is no systematic and intensive researches focusing on the development of solutions to
Trang 9improve the state management of civil status in our country in general and in the Northern border provinces in particular
1.2.3 The contents that the dissertation continues to study
The dissertation aims to comprehensively study the system and specifically clarifies the contents of key concepts related to the topic such as: institutional, state management of civil status justice, characteristics analyzing and role of state management in improving the quality of current civil status registration and state management in the Northern border provinces
The content of dissertation clarifies the actual situation of state management of civil status, specifically the research issues on the system of state administrative agencies and the system of legal documents issued by these agencies in order to adjust social relations in the field of civil status registration and state management, thus delve into the study on the state management of civil status
The dissertation recommends scientific foundations as the basis for the direction, tasks and solutions to improve the state management of civil status in our country, meeting the renewal requirements of the country in general and the Northern border provinces in particular toward the trend of international integration
CHAPTER 2 THEORETICAL BASES FOR STATE MANAGEMENT OF CIVIL STATUS
2.1 Conception, characteristics of civil status
2.1.1 Concept of civil status
Civil status is a concept that has arisen since the administration of the state Throughout the development stages of history up to now, the research viewpoint of civil status is connotative scientific nature and a very important part of social management Through the concepts and definitions of the authors, we can see that each author has different viewpoint on civil status, it is possible to conceive of civil status as follows:
(1) “Civil status” is derived from the human element defined in a “household”
order, recognized by the registration of information based on personal data, and managed by the form of book-keeping and electronic civil status database The
"identity" is the personal information of an individual “Civil status” here also includes element that includes demographic management, which means to include the element
of population management
Trang 10(2) “Civil status” is all the basic information originally associated with each
human being, is arisen and changed in life and ends with the initial appearance of each person
2.1.2 Characteristics of civil status
(1) Civil status is a personal identity value, tied to each individual human, it also
has historical, present and future value Every single person is born with only one moment and has a specific moment of death Information about the father, mother, sex, ethnic group are signs that help to distinguish each human being
(2) Civil status is the principle values that can not be replaced or transferred from
one person to another
(3) Civil status is a human identity that can not be quantified into money or any
other things
To clearly clarify the characteristics of civil status, we can not help discussing about household record When studying the difference between household and civil status of some authors, there is a difference in the fact that civil status is the affirmation and recognition of the human identity changes through specific information, the household record is the one that comes after the civil status, indicating where the individual lives and is managed by whom through state management of residence and population It is nationality that is a common characteristic reflecting personal information on both the civil status and household record Nationality, in addition to personal information acknowledgement, also confirms the management of the national population, however, according to the Nationality Law, individuals can have two different nationalities
2.2 Concept, characteristics, principle, role, subject and contents of state management of civil status
2.2.1 Concept, characteristics, principle and role of state management of civil
status
The concept of state management of civil status: the exercise of power by public
authorities in state machine, through methods and modes of influencing the state power to adjust the fields, human activities in the social life, in order to meet the human’s legitimate needs, toward to positively change the reality of social life, state life and human life
(1) As state administrative agencies are given the right to implement civil status
policies and laws in accordance with the state-oriented objectives
Trang 11(2) To perform the function of population management of the state on the basis of
controlling individual personal events and serving for management activities in other areas of defense, security, health, education, population, family planning, etc
(3) The objective of state management of civil status directed to human subjects is
to determine the status of the relationship from birth to death
(4) The scope of state management of civil status includes individuals having
Vietnamese nationality and citizens having foreign elements related to Vietnamese civil status
Characteristics of state management of civil status and state management of civil status in Northern border provinces:
(1) General characteristics of state management of civil status
- State management of civil status is a state-run activity;
- State administration of civil status is an activity carried out by the competent authorities exercising executive power;
- State management of civil status is a unified activity and strictly implemented;
- State management of civil status is an act of execution and administration;
- State management of civil status is a continuous and timely activity
(2) Characteristics of state management of civil status in Northern border
provinces
- As for subject of state management of civil status;
- There is a combination of national law and international law;
- State management of border civil status is subject to a strong influence of customs and habits, including domestic and cross-border factors;
- State management of civil status at the border is also concerned with the management of population, security, immigration regarding to such crimes as children and women trafficking which the implications are related to birth certificate
of children
Principles for state management of civil status:
(1) All civil status events must be registered fully, timely and accurately
(2) Each civil status event can only be registered at one place according to its
jurisdiction
(3) Civil status registration agencies must publicly and accurately post regulations
on documents that civil status registration applicants have to submit when registering civil status, settlement time and civil status registration fee
Trang 12(4) Higher state management agencies of civil status must regularly inspect, urge,
instruct and direct the lower state management agencies of civil status
Roles of state management of civil status:
(1) State management of civil status is the basis for the state to formulate
policies;
(2) Demonstrating the concentration of human rights
(3) Ensuring social order
2.2.2 Subjects of state management of civil status
Government; Ministry of Justice; Ministry of Foreign Affairs and Vietnam's diplomatic missions and consulates in foreign countries; Provincial level People's Committees and Department of Justice; District level People's Committees and Division
of Justice; Commune level People's Committees and judicial-civil servants; Entities participating in the coordination of state management of civil status
2.2.3 Contents of state management of civil status
(1) To build and promulgate documents and organize the implementation of civil status:
The legal documents used for state management of civil status must conform to the Constitution, in accordance with the policy guidelines of the Party and the State Moreover, the provisions of these documents are similar to legal documents regulating other areas of the country, ensuring there is no overlapping, inconsistent and in line with the trend of objective mobilization
(2) To organize the registration and state management of civil status :
2.3 Factors affecting the state management of civil status