Requirements for Civil Status Management Activities in the New Period

Chapter 2 Conclusion

The practice of applying the law on civil registration is closely linked to ensuring the rights of each citizen in exercising the right to civil registration. Through studying the natural and socio-economic conditions of Thanh Tri district, the basic characteristics of the application of civil registration law in the district are presented. The thesis devoted Chapter 2 to studying the practice of applying the law on civil registration in the past in Thanh Tri district, Hanoi city and the direction of improving the law in the coming time.

The thesis makes comments related to the provisions on the right to register civil status in specialized legal documents of our State, which have played a very important role in ensuring the right to register civil status is implemented for each individual. Some situations arising from practice are presented in the thesis with viewpoints, comments, and subjective assessments when analyzing those situations with the aim of providing an overall view related to ensuring the right to register civil status is implemented.

Chapter 3

SOLUTIONS TO CONTRIBUTE TO IMPROVING THE EFFECTIVENESS OF APPLYING LAW ON CIVIL STATUS AT THE GRASSROOTS, THANH TRI DISTRICT,

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HANOI CITY IN THE PRESENT PERIOD

3.1. Requirements for civil status management activities in the new period

3.1.1. Timeliness requirements

All civil status events arising in social life must be registered and managed by civil status officials within the time limit prescribed by law for each type of work, minimizing the situation of late registration or failure to register civil status. For a long time in the past, ensuring the timeliness of civil status registration and management has not been given due attention, which is specifically manifested in the situation of late birth registration. Timely registration and management of civil status not only ensures the legitimate rights and interests of the people, but also serves the work of civil status statistics. Civil status statistics are an extremely valuable resource for many areas of state management, so the timely provision of statistical data from the commune to the central level is very important. However, the timeliness of civil status management can only be achieved when people are conscious of exercising their rights and fulfilling their obligations to register their civil status. At the same time, judicial and civil status officials must be conscious of their responsibility in proactively monitoring and grasping civil status events arising in the area and creating favorable conditions for people to register their civil status.

3.1.2. Completeness requirements

This is an important requirement associated with the requirement of timeliness. The requirement is that state management of each type of civil status: birth, death, marriage, adoption... whether in urban or rural areas, plains or mountains, economically developed areas or areas with low education must be effective.

The current reality shows that the effectiveness of household registration management is still uneven among different types of household registration. In many communes, wards and towns, birth and marriage registration activities are carried out quite well, but death registration activities and some other household registration activities have not received due attention. Up to now, in many mountainous communes, people's awareness of fulfilling the obligation to register for death is still very poor, the effectiveness of this activity is low. In addition, the situation of late birth registration and cohabitation without marriage registration still exists.

can continue to arise, causing all civil status events.

g is not small to the full management goal

3.1.3. Requirements for accuracy and objectivity

Civil status registration must accurately and truthfully reflect civil status events that occur in reality, minimizing errors in civil status registration due to unintentional errors of civil status judicial officials or civil status registrants. Intentionally registering civil status or issuing false civil status documents is strictly prohibited.

3.1.4. Requirements on the initiative of the civil registration and management agency

Civil status management agencies at all levels need to realize that civil status management is an important task of the government and must regularly grasp the civil status situation in their management areas, thereby proactively applying necessary measures to ensure effective civil status management.

Judicial agencies at all levels must proactively promote their advisory role to help the People's Committees at the same level effectively perform the task of civil status management, promptly propose and organize the implementation of management measures appropriate to the local situation. The superior management agencies must regularly guide, inspect, and remove arising problems for the subordinate agencies.

For example: Before the Ministry of Justice issued Project No. 278/TP-HT on implementing "General Birth Registration" nationwide, in a number of provinces and cities, the Department of Justice proactively advised the Provincial People's Committee to deploy the review.

Controlling unregistered children to improve the efficiency of local civil status management.

Judicial and civil status officers at the commune level need to proactively monitor the situation of civil status events in the area to carry out timely and complete registration. For communes in remote areas, areas with difficult travel or places where people's awareness of fulfilling their obligations to register civil status is not good, judicial and civil status officers need to proactively periodically go to residential areas to register civil status. For judicial and civil status officers, proactiveness in performing tasks is closely linked to responsibility in operational activities.

3.1.5. Legal requirements

Civil status registration must be carried out with the correct authority, procedures and order prescribed by law, ensuring that all civil status events must be registered promptly, fully and accurately recorded; People's requests for correction, addition to civil status, issuance of copies of civil status documents from civil status books, etc. must be resolved promptly and in accordance with the law; The management and use of all types of civil status books and civil status forms must follow the prescribed methods.

However, it is necessary to fully realize that the legal requirements in civil registration are not contradictory and do not completely exclude the possibility of allowing competent persons to register civil status to flexibly apply them when working.

For example: When registering a household, if the officer in charge is certain about the identity of the person registering the household, it is not necessary to force that person to present an identity card to prove his or her identity.

3.1.6. Requirements for administrative procedure reform

The requirement for administrative procedure reform is first and foremost expressed in the development of legal regulations on civil status registration procedures. The practice of developing laws on civil status shows that the promulgation of

The regulations on procedures for household registration are always in a tug of war between different contradictions: the contradiction between the requirement to serve management activities and the requirement to serve people's interests; the contradiction between the habit of considering household registration as the people's obligation and the innovation in thinking that the management and organization of household registration is primarily the responsibility of state agencies. If leaning towards the requirement to serve management activities, then the procedures for household registration will be strictly regulated by "hard" regulations, limiting the flexibility in applying the law (the most obvious manifestation of this way of thinking is the setting of regulations requiring people to present many different types of documents when registering household registration). This way of thinking also makes household registration management activities always in a passive state, leading to a situation where the household registration management agency

not responsible for the effectiveness of civil status management within the scope of management of

This is also the source of the disease of indifference to the rights of the people, when the procedural regulations are too strict, the person responsible for registration will not have the opportunity to be flexible in his/her work activities to resolve the legitimate requests of the people. On the contrary, if it is inclined towards the requirement of serving the people, the household registration procedure must be designed in a way that

The simplest way, must be regulated in an "open" direction, allowing for flexible application of the law, suitable for the characteristics of the population and the uneven level of social development in our country today. The household registration procedure needs to harmoniously resolve the relationship between state agencies and citizens, in which, with the requirements of administrative reform and building a service-oriented administration, the requirement of serving people to conveniently register household registration must be given top priority when designing procedural regulations.

The requirements of administrative reform also require judicial and civil status officials to improve their sense of responsibility and professional capacity in the direction of specialization.

3.2. Some solutions to contribute to improving the effectiveness of applying the law on civil status at the grassroots level, Thanh Tri district, Hanoi city in the coming time

3.2.1. Improve and enhance professionalism, enhance the professional qualifications and skills of the team of specialized judicial and civil status officers in the commune.

The operational capacity of the current team of specialized judicial and civil status officers in Thanh Tri district in particular and in the whole country in general still has many shortcomings. Only 27/29 specialized judicial and civil status officers have professional qualifications.

from Law University or above, 02 cases

through training

Intermediate Law. However

Replacing unqualified officials is not easy at all for many reasons related to the lifestyle and customs of different regions. Many civil status judicial officials, although untrained, have many years of experience in the profession and are about to retire, so replacing them is a difficult problem.

To overcome the above situation, it is necessary to determine a training and development plan suitable for each existing staff, accordingly:

- For judicial and civil status officials at the commune level over 50 years old, they need to receive annual professional training on specialized topics with each training session lasting from 7-10 days;

- For judicial and civil status officials aged 40-50, there should be a plan for university law training and short-term professional training;

- For judicial and civil status officials under 40 years old, it is necessary to focus on university and intermediate law training to meet professional standards as prescribed and improve work capacity.

In addition, there are many issues that need to be raised, such as the shortage of human resources when some civil status judicial officers are assigned to higher positions but replacement officers are not prepared, thus directly affecting the effectiveness of civil status management.

On the other hand, we can see the reality that in some communes, civil status officers have to simultaneously perform many professional activities in the field of judicial activities. Therefore, civil status judicial officers do not have the conditions to focus on proactively performing civil status registration and management in accordance with the professional requirements prescribed by law.

To improve the professionalism of the judicial and civil status staff, it is necessary to focus on the following solutions:

Firstly , it is necessary to standardize civil status judicial officers in accordance with the nature of the work, functions, and tasks they undertake as well as the requirements and demands of social development trends. In addition, it is necessary to develop a unified recruitment, appointment, dismissal, and planning process nationwide for this position.

Second , it is necessary to soon complete 100% of commune-level units with 02 full-time civil status judicial officers, at the same time carry out planning, create a source of successor officers to ensure the stable development of this team in localities. For densely populated areas, it is necessary to arrange enough officers and not concurrently hold other judicial jobs. For communes with large populations (population > 10,000 people) and large areas, it is necessary to add 02 civil status judicial officers. Take Van Phuc commune as a typical example, with an estimated population of about 15,000 people, but the commune only has one officer doing civil status judicial work. According to the civil status judicial officer of the commune, the number of children registered for birth in the commune is the highest in the district: 330 children (in 2011), 389 children (in 2012). For this reason, one civil status officer is overloaded, affecting the effectiveness of civil status registration and management.

3.2.2. Promote the role of the District People's Committee and the Department of Justice in inspecting and supervising the management of civil status at the commune level and providing professional guidance to civil status judicial officers at the commune level.

The effectiveness of civil status management at the district level has a very important impact.

important in many aspects to the effectiveness of civil status management in the whole district as well as for each commune level under the district's jurisdiction, especially for communes in coastal areas, large areas, and difficult travel.

The role of the district level in civil status work is demonstrated in directing, inspecting, and guiding the People's Committees at the commune level to organize the implementation of civil status registration and management. For example, directing and inspecting the implementation of the "one-stop" mechanism in civil status registration; inspecting compliance with regulations on civil status registration procedures; inspecting the use of books, etc.

To help commune-level judicial officers have the capacity to perform their jobs well, the regular organization of training and guidance on civil status work by the Department of Justice plays a very important role, especially for civil status management in mountainous communes, remote areas, and ethnic minority areas.

On the other hand, the Department of Justice's proactive and timely collection and processing of civil status data of local communes is an important factor in forming comprehensive data nationwide. For this work to be highly effective, the district-level civil status management agency must urge the People's Committees at the commune level to report civil status data on time.

3.2.3. Strengthening the propaganda, dissemination and education of laws on civil status among the people

Propaganda and dissemination of legal education aim to establish legal awareness in the form of belief, habit, and motivation for positive legal behavior of people. State management by law requires "strongly implementing propaganda and legal education work; mobilizing the forces of political, social, professional organizations, mass media to participate in campaigns to establish order, discipline and regular activities to build a lifestyle and work according to the law in state agencies and in society." During his lifetime, VI Lenin once pointed out: "Propaganda

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