Civil Status Law 2015: Inadequacies of the new law!

(Baonghean.vn) - When asked, judicial officials in Nghe An all affirmed that the fact that the Law on Civil Status and Decree 123 do not stipulate the re-issuance of original birth certificates is a problem...

Researching some wards and communes in Vinh city, it is known that there is a high demand for re-issuance of original birth certificates. Ms. Le Hong Trang - a judicial officer of Cua Nam ward shared: “Our ward also has families requesting to re-issue original birth certificates. The loss of the original birth certificate and the reasons for their re-issuance are different. However, at the present time, it cannot be done. In my opinion, this is a legitimate need of the people…”.

Head of the Vinh City Justice Department, Ms. Nguyen Thi Nga, also acknowledged that the new law and related Decree not regulating the re-issuance of original birth certificates is a practical problem.

Head of the Vinh City Justice Department, Ms. Nguyen Thi Nga

Ms. Nga said that according to Vietnamese law, a copy of a birth certificate is as valid as the original; if any agency, unit or organization does not accept this, it is a violation of the law. However, it is different in cases of transactions with foreign countries. When foreign agencies or organizations request to check the original birth certificate and Vietnamese people have a need to transact, they will have to do so; if they do not have the original birth certificate, it will be very troublesome.

“We have encountered several cases requesting re-issuance of original birth certificates. They are families sending their children to study abroad, or having transactions with foreign organizations. However, when the law does not stipulate, state agencies cannot implement it…” – Ms. Nga said.

Looking up relevant legal documents, the explanation of not reissuing original birth certificates by Vinh City judicial officials is well-founded. The question is: Determining that the 2015 Civil Status Law and Decree 123/ND-CP detailing a number of articles and measures for implementing the Civil Status Law do not stipulate reissuing original birth certificates is a shortcoming, so has the judicial sector made any recommendations for adjustment?

According to Ms. Nguyen Thi Nga - Head of the City's Justice Department, since January 2016, when the Department of Justice organized training to disseminate and guide relevant officials in the province on the implementation of the 2015 Law on Civil Status, there were many concerns about not reissuing original birth certificates. These opinions were recorded by the Department of Justice to make recommendations to higher levels. "The new Law on Civil Status has only been applied in practice for a short time and the inadequacies arising from the new regulations are inevitable. We believe that there will be adjustments in the future..." - Ms. Nga shared.

According to Ms. Kieu Thi Hue - Head of the Department of Justice's Civil Status Department, in early March 2016, the Institute of Legal Science (Ministry of Justice) working in Nghe An grasped this content. Ms. Kieu Thi Hue said: "We have informed the Institute of Legal Science about the shortcomings of the 2015 Civil Status Law and Decree 123, including the content that does not stipulate the re-issuance of the original birth certificate. The Institute of Legal Science has noted this issue. Currently, we are also waiting for instructions from the Ministry...".

Ha Giang