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.
MINISTRY 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 VIETNAM Major: Public Management Code: 9.34.04.03 SUMMARY OF DOCTORAL DISSERTATION OF PUBLIC MANAGEMENT HA NOI - 2018 The work has been completed at: NATIONAL ACADEMY OF PUPLIC ADMINISTRATION Supervisors: PGS.TS LƯƠNG THANH CƯỜNG TS HOÀNG THỊ NGÂN Reviewer 1: ………………………………………… Reviewer 2: ………………………………………… Reviewer 3: ………………………………………… The dissertation is presented at the Academic-level Dissertation Assessment Council Location: Meeting Hall floor National Academy of Public 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 PREFACE 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 management 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 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 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: The 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 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 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 (1) Which particularities of localities and regions should the state management of civil status in the Northern border provinces take into account? (2) What 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? 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 Structure of the dissertation In addition to the introduction, table of contents, conclusions, annex, list of references, the dissertation is divided into chapters CHAPTER 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, Lisa 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 S.Lunde, May 1980) Organization of Civil Registration and Vital Statistics System in India (P Padmanabha, July 1980) Handbook on Training in Civil Registration and Vital Statistics (UN), 1984 Birth registration in China (2006): Practices, Problems and Policies by Shuzhuo Li, Institute for Population and Development, Studies School of Public Policy and Administration, Xi’an Jiaotong University 1.1.2 Researches of domestic authors Theoretical researches: 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 (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 26th 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 improve 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 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 (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 (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 (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 : - Birth registration; - Marriage registration; - Death registration; - Child adoption registration; - Guardianship registration (3) To inspect, examine, supervise and handle violations in state management of civil status: For the function of law protection in the state management of civil status to be ensured and improved, the inspection, examination and handling of violations of the civil status legislation must be conducted regularly, the inspection and examination results must be strictly and promptly handled for acts of violating the legislation on civil status 2.3 Factors affecting the state management of civil status 2.3.1 State management institution of civil status State management institution of civil status is a system of principles of conduct or legal norms set by competent state agencies and the system of state agencies operate such principles on implementing the state management of civil status in a uniform and orderly manner at the aim to meet the requirements and objectives of state management of civil status 2.3.2 State management machinery of civil status For effective management, any state or organization needs to have a functioning machine, whose main function is to maintain the operation of the whole system as requirements and management objectives 2.3.3 The capacity of civil status servants In management in general and in the state management of civil status in particular, the contingent of servants is one of the important factors determining the effectiveness of management, which is composed of such following factors as: capacity; knowledge of law and management method; creativity and flexibility in management; professional ethics 2.3.4 Material base and working facilities Objects of management here are understood as working facilities, information technology equipment, facilities and financial activities in service of maintenance of the management machinery, archives, inspection, reform of administrative procedures and other factors 2.4 Experience in state management of civil status of some countries in the world and border provinces adjoining to Laos and Cambodia with reference value 2.4.1 Experienced some countries in the world Federal Republic of Germany: Civil status servants are those who have the competence to decide on independence and the decisions of civil status servants may be changed only by court The appointment of civil status servants is decided by the state government, on the base of each administrative boundary will have a civil status agency, the number of civil status servants are appointed based on work, the number of jobs in each area State management of civil status is computerized state management by computer, notebooks are remained, each citizen is given a separate code to use when necessary France Civil and military civil status servants perform civil status certificate Appointment of civil status servants in France: for the equivalent level of the commune, appoint the commune chief or deputy chief; for large cities divided into several districts, the district chief and deputy district chief are in charge in civil status The management of the civil status notebooks of commune level and consular civil status shall be managed and made in two copies, one original is transferred to the accredited auditor All civil status notebooks are stamped, after a period of 75 years, civil status notebooks are considered as public archives France has conducted state management of civil status through information technology and notebooks, and built a database on civil status at commune level Japa Civil status is kept by paper and magnetic disk The registration of civil status in Japan is important for the state management of civil status in this country In Japan, about 90% of provinces and cities have applied informatics in the registration of state management of civil status China The Law on civil status of China regulates that a family, or person in charge, the head of the family is the head of household, the unique person can also be the head of household Civil status registration includes such contents as birth registration, death registration, child adoption registration, marriage registration, change registration, marriage annulment and civil status correction The civil status archives are set up in notebooks and electronic civil status database, therefore, the documents will be saved in the form of a paper notebooks and electronic civil status database Civil status management and registration at border village and commune levels is assigned to the commune government (unlike Vietnam, from the commune level upwards called the government, in Vietnam it is called the authority) The police of the hamlets or communes will be the ones directly performing the task of civil status registration and management Their tasks is the registration of state management of civil status connecting closely to the registration of the citizen relocation For citizens in the border areas, China also allows the adoption of children and marriage that have to be legitimated by consulate and administrative procedures have to be carried out as prescribed However, the management of Vietnamese citizens illegally migrating to work and living in the border areas is strictly controlled and only is pursued and deported according to the plan 2.4.2 Experience of border provinces adjoining to Laos and Cambodia Issues related to civil status and border-related citizens for illegal migration and immigration between the two border sides have become complicated with large number, consequently, the registration of marriage, birth, death, etc is facing with many difficulties because these persons are unable to register civil status and state management agencies on civil status also have no information about the migrants, immigrants into Viet Nam This problem causes bad consequences for such countries as not only Laos, Cambodia or Vietnam but also for society in general Management issue is raised in the immediate future for state management of civil status in the border provinces adjoining to Laos and Cambodia in the area of civil status, the border provinces authorities should implement: (1) Completion of the profiles of persons having foreign nationality which are calculated and listed to rationalize the family relationship between Laos and Vietnamese citizens is a reality (2) In cases it is impossible to determine the marital status, it shall be resolved in such a way that they can commit themselves and take responsibility for their marital status After completing the records, the People's Committees of the border communes shall carry out the necessary procedures to register their marriage, and at the same time to settle the birth registration for children in the above cases (3) Fostering the civil justice professional training courses for the judicial servants at commune level will be implemented in the coming time in order to improve the efficiency of registration and state management of civil status (4) Invest in facilities and equipment in service of the registration and state management of civil status, with priority given to border communes (5) Effectively implement Circular No.03/2015/TT-BTP dated 01/4/2015 by the Ministry of Justice, stipulating the conditions, order and procedures for naturalization in Vietnam and birth and marriage registration for free migration persons in the districts of Vietnam bordering to Laos The provincial and district authorities shall finalize the decisions on the standardization of administrative procedures set out in the above mentioned Circular for implementation 2.4.3 Reference values for state management of civil status for Northern border provinces (1) Personal identify number; (2) Civil status servant; (3) Electronic civil status database ; (4) Management experience of border provinces adjoining to Lao, Cambodia From the current practical issues of state management of civil status in the border provinces adjoining to Laos and Cambodia, Northern border provinces should have effective and efficient implementing methods and preventive measures, it is the effective border management, lessons learned from the management of the border of Laos and Cambodia to avoid the widespread migration from the border provinces, the inland and the border areas, or migrate from China's border provinces to our country’s borders CHAPTER CURRENT REAL SITUATION OF STATE MANAGEMENT OF CIVIL STATUS IN NORTHERN BORDER PROVINCES OF VIETNAM 3.1 Overview of natural and socio-economic factors in Northern border provinces affecting state management of civil status 3.1.1 Natutal factor 3.1.2 Economic factor 3.1.3 Social factor 3.2 Current state management of civil status in the Northern border provinces 3.2.1 State management institution (1) The state management institution of civil status and civil status in border provinces should be issued in the form of legal documents and ordinary administrative documents (2) Legal documents in the period 2000-2005 regulating state management of civil status in general and some regulations on civil status in mountainous and ethnic minority areas (3) Forms of promulgation of legal documents related to civil status such as Civil Code 2005; The Law on Marriage and Family 2000, Decree 158/2005/NĐ-CP, ect Administrative documents are mainly documents to instruct the implementation, or answer issues related to civil status area (4) The state management institution of civil status in general and in border areas in particular, is not many and less of the highest legal value ones 3.2.2 State management machinery and civil servants in charge in the state management of civil status in Northern border provinces 3.2.3 To organize the registration and state management of civil status - Civil status registratio - Records management and keeping - Conditions for civil status registration in Northern border provinces 3.2.4 To inspect, examine, supervise and handle violations in the state management of civil status 3.3 Comments on state management of civil status in Northern border provinces 3.3.1 Results of state management of civil status Civil status registration has different changes over the years Most of the civil status events are subject to special changes such as procedures for birth registration and marriage registration and recording of other civil status events in records The registration of civil status events has increased due to the people's awareness of the law in civil status registration and implementation has been more and more increasing, the role and responsibilities of the relevant agencies have been unceasingly improved 3.3.2 Limitations and causes - Limitations (1) There are many mistakes in registration and state management of civil status (2) Lack of responsibility in state management of civil status leads to the abusive use of civil status registration for the purposes of self-benefit, enjoying the current preferential policies of the state (3) There still exists situation of un-registered or overdue registration (4) Border and immigration issues are not well managed (5) Border mountainous terrain with poor transport infrastructure, low awareness of local people, lack of attention from authorities; the local economy is still underdeveloped, people's life is affected by many backward customs, habits and the status of child early marriage remains high - Causes The registration and state management institution of civil status has some shortcomings; The awareness and sense of law observance of civil status of people is uneven; propaganda, dissemination and education of the law on registration and state management of civil status has not been really effective; the capacity of management and responsibility of the civil servants in charge in civil status have not met the requirements; facilities conditions for state management of civil status are still limited; there is no unified management database on civil status; natural, socio-economic conditions and border management are also difficult because the Northern border line runs through many border provinces, appearing many trails crossing the border, therefore the illegal immigration is often carried out through these routes The situation of patrolling, guarding and preventing the illegal exit of the border guard force is still limited and is not eligible for regular management CHAPTER VIEWPOINTS, SOLUTIONS FOR ENSURING STATE MANAGEMENT OF CIVIL STATUS IN THE NORTHERN BORDER PROVINCES 4.1 Ensuring viewpoints in the state management of civil status in the Northern border provinces 4.1.1 To renovate the contents and mode of state management of civil status Renovation of state management of civil status should thoroughly grasp the viewpoint: “Promoting the human factor and taking the service for human as the highest purpose of all activities, considering human resources as the most precious and decisive role for the rapid and sustainable development”, state management of civil status is an activity that expresses the social function of the state to the citizen, must be actively reformed, and closely follows strategic target of the human development of Vietnam In the new development stage of the country, the state management of civil status must be promoted in proportion to its position and important role in state management activity of civil status As a matter of administrative and executive activity, the renovation of state management of civil status must realize the viewpoint of reforming the national administration in line with the objectives set out in the overall program of state administrative reform in period of 2011-2020 From the above viewpoint, in order to effectively monitor state management of civil status in Northern border provinces, the following guidelines should be focused on: (1) To actively improve the state management institution of civil status at the aim to ensure the efficiency and effectiveness of state management, in addition to meeting the legitimate requirements of the people; (2) To strengthen the democracy and publicity in state management activities To approach and implement administrative procedures in the direction of modernity, improve effectiveness, innovate in the direction of publicity, simplicity and convenience for the people; (3) The state management machinery must be arranged in a scientific and efficient manner with decentralization and devolvement, clearly defining the functions and tasks, ensuring the rationality from the central to the fundamental level on the principle of democratic centralism; (4) The application of modern information technology in state management of civil status has taken the leading position to modernize the management activities 4.1.2 Meet the requirements of registration and state manaagement of civil status - Proper and full implementation requirements (1) Proper and full jurisdiction; (2) The procedural element is the process of implementing steps for citizens to achieve their goals; (3) The contents of registration and state management of civil status must be differently implemented, clearly and scientifically recorded and managed - Scientific and logical requirements (1) Proper and full jurisdiction; (2) Carry out administrative procudures on civil; (3) Ensure the implementation of the civil status contents 4.1.2.3 Right and benefit ensuring requirements 4.2 Solutions to ensure the state management institution system of civil status in Northern border provinces 4.2.1 Group of solutions to ensure the state management institution system of civil status As for central level: (1) To complete the provisions of law on civil status; (2) To organize state management of civil status; (3) Reforming administrative procedures in civil status registration is considered to be very important; (4) To formulate criteria for assessing the quality of state management of civil status, and to finalize the decentralization of state management of civil status As for local level: (1) This local level is not only the agency directly performing the state management over civil status, but also the implementing agency and at the same time has proposed recommendations to the central government on state management of civil status; (2) For effective state management of civil status, local authorities must manage by means of a tool that is a binding document such as the issuance of decisions on statutory regulations with decentralization within the locality; (3) The coordination between the relevant agencies in state management of civil status in localities 4.2.2 Group of solutions to implement specific policies and international cooperation on civil status in Northern border provinces (1) The characteristics of the Northern border provinces are wide area, poor infrastructure, inconvenient traffic, poverty and poor life, low intellectual standard, scattered population, multiethnic; (2) The state should study and consider to synchronously implement solutions; (3) Border provinces are specific areas, therefore, it is necessary to issue specific policies on civil status; (4) It is necessary to study and promulgate specific regulations on state management of civil status in Northern border provinces; (5) Promote national cooperation on state management of civil status in border areas 4.2.3 Group of solutions to ensure the contents of state management on civil status - Renovate the procedure of registration and state management of civil status: (1) Build up professional titles; (2) Invest in material facilities; (3) Sucessfully train a qualified computer management officials; - The title of registrar; - Build a modern information technology system on the organization and operation of state management of civil status: (1) Complete the establishment of electronic civil status database; (2) Application of information technology in state management of civil status 4.2.4 Complete the machinery and improve the capacity of judicial - civil status servants - Organization and state management machinery of civil status (1) As for the staff of personnel; (2) As for state management machinery of civil status - Improve the professionalism and capacity of performing duties of specialized judicial - civil status servants (1) The title of “registrar”; (2) Sufficiently arrangement of district and commune level civil servants to have human resources for operation; (3) Improve the quality of the judicial-civil status servants - Coordination among agencies in state management of civil status (1) State management agencies in the locality and relevant sectors should be aware of strengthening the coordination in state management of civil status and sector management (2) Effectively coordinate in storing records and civil status notebooks (3) In the Northern border provinces, state management of civil status is closely related to demographic management (4) In order to get effective state management of civil status, professional agencies at provincial, district and commune levels in the fields of health, justice and public security should actively coordinate with each other 4.2.5 Intensify the inspection, examination, supervision and handling of violations in state management of civil status To focus on professional training for the judicial servants; Improve regulations on the institutional handling of violations in management; Control of post-inspection conclusions; Preventive solutions, means that to limit violations caused by inspection, supervision and supervision activities, the main preventive solution should be taken is regular and periodical discussion and coordination activities among provincial, district and commune level management agencies 4.2.6 Group of solutions to ensure the material facilities for state management of the civil status in Northern border provinces The material facilities serving for state management of civil status must be synchronously considered from the direct and indirect requirements, and the managers must acknowledge of comprehensive solutions which are effective in related state management areas 4.2.7 Group of solutions to improve effectiveness of law dissemination and education Solution of propaganda and education dissemination is an important tool of management subject to management objects that are the people, officials and civil servants Effective use of propaganda and education in Northern border provinces is a requirement for managers to determine the target audience, the propaganda purposes, the propaganda material, the propaganda effects CONCLUSION Firstly, the dissertation has studied overview of domestic and foreign researches related to state management on civil status and civil status Domestic and oversea civil status researches have established the basic values of civil status and state management of civil status However, these studies still reveal gaps in research and have not yet delved into the general contents, and specific scope and areas of research Therefore, the scope of the first chapter of the dissertation has specifically oriented the contents and tasks for the following chapters of the dissertation Secondly, systematize and analyze theoretical issues on state management of civil status, including the specific Northern border area Concentrate on building and analyzing the theoretical framework on state management of civil status, which is a great significance for the study and assessment of the process of performing the state management of civil status in Northern border provinces in recent years Thirdly, due to the experience of state management in a number of countries in the world with reference value to Vietnam, and experience of state management in the border areas adjoining to Laos, Cambodia, we can have learnt lessons and recommendations for Northern border provinces in improving the state management of civil status in the Northern border provinces and state management of civil status in general Fourthly, the results of the study on real situation of state management of civil status in the Northern border provinces show that there are still many inadequacies in terms of institutions, management methods, human resources and material facilities conditions The social factors should be reviewed, revised and supplemented, and especially it is necessary to have the approaches and responsibilities of the managers in this area Fifthly, the dissertation analyzes the requirements and perception of improving the state management of civil status in the border areas, on the basis of the country and the region are now facing the trend of the globalization context as well as the direction and policies of the Party and State are in accordance with the rules of development On that basis, the dissertation has mentioned the directions and contents that should be renovated and improved at the aim to enhance the effectiveness and efficiency of state management of civil status in the border areas Sixth, from the limitations, challenges and shortcomings, the dissertation recommends groups of solutions from institutions, machinery, human resources, ect in order to complete and improve the effectiveness of state management of civil status, in which the solution related to border management and judicial cooperation between Vietnam and China in the coming time should be paid much attention to The research results of the dissertation have proved, explained and fully answered the research questions mentioned in first part of the dissertation, with the research contents presented in chapters, the dissertation’s purpose has been achieved in the context of studying on the theory and practice of state management of civil status in the Northern border provinces The dissertation has been studied and carried out within the period of time and space scope from 2005 back, and has been continuously, logically updated and comprehensively counted, surveyed, synthesized, analyzed, and evaluated However, the dissertation still exists shortcomings, despite of the author’s efforts to carry out and complete Hopefully that the dissertation will receive opinions, sharing comments, sympathy and contributions of domestic and oversea scientists, experts and researchers./ LIST OF THE WORKS OF THE AUTHOR Nguyen Anh Tu (2017), “A number of solutions to improve the quality of current state management of civil status in the Northern border provinces”, Light and Life Magazine, Publication No 99, July - 2017 Nguyen Anh Tu (2017), “Current state management of civil status in Northern border provinces”, Democracy and Law Magazine, Publication No 8, August -2017 ... 3.2 Current state management of civil status in the Northern border provinces 3.2.1 State management institution (1) The state management institution of civil status and civil status in border provinces. .. particularities of localities and regions should the state management of civil status in the Northern border provinces take into account? (2) What the current state management of civil status in the Northern. .. regular management CHAPTER VIEWPOINTS, SOLUTIONS FOR ENSURING STATE MANAGEMENT OF CIVIL STATUS IN THE NORTHERN BORDER PROVINCES 4.1 Ensuring viewpoints in the state management of civil status in the