The Ministry of Justice has issued a report explaining and absorbing opinions from National Assembly deputies on the draft revised Law on Civil Status Registration.
Notably, regarding the authority to register civil status, the draft law submitted to the First Session of the National Assembly stipulates that the Chairman of the Commune-level People's Committee has the authority to sign civil status documents.
Also according to the draft law, based on the actual situation in the locality, the Chairman of the commune-level People's Committee authorizes the signing of civil status documents according to regulations, except for birth certificates, marriage certificates, death certificates and civil status documents in cases of civil status registration with foreign elements.
Explaining this content, the Ministry of Justice said that acknowledging the opinions of National Assembly deputies, the Ministry will study and propose to remove the regulation excluding death certificates that are not authorized by the Chairman of the commune-level People's Committee to sign.
Thus, it is expected that the Ministry of Justice will study and propose to adjust the draft law to allow the Chairman of the commune-level People's Committee to authorize the signature of death certificates for specialized departments or people performing civil status work to sign.
At the same time, the Ministry of Information, in the process of developing and promulgating the decree, will advise on specific regulations on the order, procedures, and time to resolve civil status registration requests to promptly meet the needs of using the above-mentioned types of civil status documents, especially death certificates.
Regarding the proposal not to stipulate the exclusion of the Chairman of the commune-level People's Committee being authorized to sign birth certificates and marriage certificates, the Ministry of Justice found that birth certificates are the first civil status documents, the original documents of each individual.
Along with that, the birth certificate also establishes a relationship between citizens and the State, arising rights and obligations of each individual, which is the basis for determining information in many other personal papers of individuals.
Marriage certificate is also an important civil status document and is the basis for exercising and enjoying other important rights and interests of individuals.
These are also documents that are used with high frequency not only in domestic agencies but also abroad.
Therefore, to further affirm the value and importance of birth certificates and marriage certificates, the Ministry of Justice proposes that these types of documents must be signed and issued by the leaders of the People's Committee, without authorizing specialized departments or people performing civil status work to sign.
Some opinions suggested supplementing regulations on authorizing the signing of civil status papers with foreign elements to be carried out in accordance with the law on local government organization, allowing the Chairman of the commune-level People's Committee to authorize the Vice Chairman of the People's Committee.
The Ministry of Justice noted that the draft law stipulates the scope of authorization to sign civil status papers of the Chairman of the People's Committee and stipulates that the authorization is carried out according to regulations.
Therefore, supplementing the provision of reference to the Law on Organization of Local Government or supplementing the provision of authorizing the Vice Chairman is unnecessary.
Because the Vice Chairman of the People's Committee, according to the provisions of the Law on Organization of Local Government, is allowed to sign contents in place of the Chairman according to the assignment of work in the commune-level People's Committee.
