📋 Tender Overview
Continuing the program of the First Session of the 16th National Assembly, on the morning of April 11, the National Assembly held a plenary session in the Hall to discuss the Civil Status Law project (amended). Download National Assembly delegates attending the discussion session at the hall - Photo: VGP/Nhat BacDiscussing at the Hall on the Civil Status Law project (amended), delegates emphasized that amending the Civil Status Law is necessary and urgent, in order to institutionalize the national digital transformation policy; simplify procedures, reduce compliance costs; improve the efficiency of population management; Better ensure the legal rights and interests of people in the context of promoting the construction of digital Government, 2-level local government and comprehensive administrative procedure reform. It is necessary to clarify the legal value of digital data in civil status registration. Basically agreeing with the need to amend the Law on Civil Status in the current context, delegate Huynh Ngoc Liem (Lam Dong Provincial National Assembly Delegation) said that one of the notable new points of the draft is a strong shift to the Civil Status Law model. Non-border civil status registration model based on digital data platform. This is a step consistent with modern management trends. However, the delegate said that there are 3 new issues that need to be further clarified in the law to avoid risks when implementing. First, it is necessary to clarify the legal value of digital data in civil status registration. Currently, the draft emphasizes digitalization but does not clearly stipulate when there is a conflict between electronic data and paper records, which basis has priority, and which agency is responsible when the data is incorrect. If there are no clear regulations, people may fall into a situation where they do not know whether to believe in documents or data and end up having to prove themselves again. Therefore, the delegates suggested that it is necessary to clearly identify in the Law on Electronic Civil Status Data the original source of data, and at the same time have a correction mechanism and compensation responsibility for errors caused by the system. Second, it is necessary to supplement a proactive, controlled service mechanism. The draft provides direction for proactive birth and death registration, which is a very progressive point. However, reality raises the question of how to handle the input data from medical facilities; Do people have the right to refuse or request immediate adjustment? If not clarified, it is easy to switch from service to administrative imposition. Delegates suggested that the law should supplement peoples rights to confirm, check, and respond to data before officially recording it. Third, it is necessary to clarify the limits of decentralization in the digital environment. The draft tends to strongly decentralize the basis, even in the context of digital data. However, in the digital environment, decisions at some levels can affect the whole country, errors are no longer local. Therefore, the delegates proposed that the law should have a mechanism to decentralize processing but focus on controlling data, avoiding the situation of decentralization but not being able to control the risks of the system. Participating in the understanding of what an individuals hometown is according to the law on civil status and related legal documents, delegate Tran Van Tuan (Bac Ninh delegation) requested the Drafting Committee to study and edit the regulations in Clause 8, Article 2 on the explanation/definition of Hometown. individuals hometown in the direction: Information about hometown reflects the origin and origin of each individual. At the same time, it is necessary to add to the draft Law an article stipulating specific criteria to determine the hometown of each individual. Accordingly, it is proposed to move and merge the entire content of Clause 8, Article 2 into Point a, Clause 4, Article 15 on Birth registration and edit it in the direction: Information of the person whose birth is declared includes 8 contents (as in the draft Law, including information about hometown); At the same time, adding the regulation: The hometown of an individual is determined according to the hometown of the father or the hometown of the mother as agreed by the parents when registering the birth. In case the parents cannot agree, it is determined according to custom. In addition, the delegate also requested the Drafting Committee to more clearly evaluate the meaning and necessity of determining and recording the hometown of the individual according to the Law on Civil Status and related legal documents, in which, it is necessary to refer to international experience. about this issue. Download Minister of Justice Hoang Thanh Tung explains at the discussion session - Photo: VGP/Nhat Bac Towards unifying hometown information in the family Regarding the Civil Status Law project (amended), Minister of Justice Hoang Thanh Tung explains 3 main groups of issues. Specifically, regarding recording in the civil status book the civil status matters of Vietnamese citizens that have been resolved at foreign authorities: Especially in cases where there are conflicts of law (for example, same-sex marriage is recognized by foreign countries but has not been regulated by Vietnam). The Minister emphasized the principle that the Civil Status Law is a law on form and procedures; Recognition or not depends on substantive law (Marriage and Family Law, Nationality Law). If the substantive law has not recognized it, there is no basis to record it in the civil status book. Regarding the authority to sign civil status documents and authorization issues, according to the draft, the Chairman of the Commune Peoples Committee can authorize civil status judicial officers to sign all types of documents, except birth certificates, marriage certificates and death certificates. Because these are
