Promoting the 'digitalization' of civil registration

During discussions on the draft Law on Civil Registration (amended), National Assembly deputies remarked that this is "a law for a lifetime"; the amendment is urgent in order to institutionalize the national digital transformation policy, reduce compliance costs, and improve the efficiency of population management.

The National Assembly discusses three draft laws on civil registration, notarization, and legal aid. Photo: Van Diep/TTXVN

On the morning of April 11th, continuing the program of the First Session of the 16th National Assembly, the National Assembly discussed in the plenary hall the draft Law on Civil Registration (amended); the draft Law amending and supplementing a number of articles of the Law on Notarization; and the draft Law amending and supplementing a number of articles of the Law on Legal Aid. During the discussion of the three draft laws, National Assembly deputies expressed their desire to minimize administrative barriers, eliminate unnecessary permits, and promote digital transformation for the benefit of the people.

Promoting the "digitalization" of civil registration

During discussions on the draft Law on Civil Registration (amended), National Assembly deputies remarked that this is "a law for a lifetime"; the amendment is urgent in order to institutionalize the national digital transformation policy, reduce compliance costs, and improve the efficiency of population management.

Analyzing the relationship between the Law on Civil Registration and the Law on Identity Cards, Representative Tô Ái Vang ( Cần Thơ ) argued that civil registration is the "original" data recording personal status, while identity cards are the "additional" data for exploitation. To avoid overlap, the representative proposed 100% data interoperability, using the personal identification number as the key for access on the VNeID application. The representative also proposed integrating civil registration services into VNeID to replace paper extracts, and implementing a "3-in-1" process including birth registration, permanent residence registration, and issuance of identity cards for children under 14 years old to reduce travel time for citizens by two-thirds.

While acknowledging the groundbreaking thinking in the draft law, Representative Cil Bri ( Lam Dong ) frankly pointed out the gap between policy and practice. The representative warned that the current database system is incomplete, and the technical infrastructure in remote areas is weak. Therefore, applying rigid regulations on full-process online registration without administrative boundaries could become a new source of bottlenecks. The representative suggested that infrastructure, data, and human resources must be prioritized, with a phased roadmap by region and closely linked to the State's investment responsibilities.

Representative Tran Nhat Minh (Nghe An) proposed that the issuance of certificates of marital status should not be included as a requirement for civil registration. According to the representative, all information regarding marriage, divorce, or single status is already integrated into the national civil registration database. Continuing to require citizens to obtain these certificates (which are only valid for 6 months and for specific purposes) would create additional administrative procedures and increase costs in transactions such as buying and selling real estate or obtaining loans.

Regarding the argument that a certificate is needed to handle cases of "de facto marriage," Representative Tran Nhat Minh argued that according to the Law on Marriage and Family, men and women living together without registration are only considered "living together as husband and wife," and are not recognized as marriage. Therefore, using this legal term to issue a certificate is inaccurate. Furthermore, regarding death registration procedures, the representative also proposed relaxing the requirement to submit "documents proving the event of death," adding the phrase "if any" for cases of death at home due to old age or illness without confirmation from a medical or forensic agency.

The recording of information on civil registration documents was also discussed by many delegates. Delegate Tran Van Tuan (Bac Ninh) pointed out the inadequacy of the concept of "place of origin," as determining it based on the father's or mother's place of origin causes inconsistency among members of the same family. The delegate suggested consulting international experience, where most countries only record place of birth and nationality to ensure scientific accuracy.

National Assembly representative Duong Minh Anh from Hanoi delivers a speech. Photo: Van Diep/TTXVN

Meanwhile, Representative Duong Minh Anh (Hanoi) suggested that information about parents on birth certificates should be determined based on legal relationship, regardless of gender. The representative proposed that both parents of the same gender be fully recorded on the birth certificate if they have a legally established parent-child relationship; and that a mechanism be added to recognize "co-custodians as having legal status" to genuinely protect children's rights and prevent discrimination.

Regarding implementation, delegate Nguyen Truong Giang (Lam Dong) proposed allowing the Chairman of the People's Committee at the commune level to authorize judicial officials to sign documents such as death certificates, birth certificates, and marriage certificates. The current draft's prohibition of authorization is impractical, especially when citizens urgently need a death certificate for funeral arrangements but the commune leader is absent due to a meeting.

Clarifying the responsibilities of notaries

During the discussion of the draft Law on Notarization (amended), speakers suggested prioritizing the removal of administrative barriers. Representative Nguyen Minh Tuan (Phu Tho) raised a question about the nature of notarization: Is it a certification of form or content? The representative requested clarification of the role and responsibilities of notaries regarding transactions showing signs of irregularities or tax evasion in real estate.

Representative Nguyen Minh Tuan argued that it is not mandatory for all real estate contracts to be notarized; people only need to sign the contract using the standard form and pay taxes.

National Assembly representative Nguyen Dai Thang from Hung Yen province delivers a speech. Photo: Van Diep/TTXVN

Representative Nguyen Dai Thang (Hung Yen) also argued that the draft regulation mandating notarization for transactions of a "significant nature" is too general. He believes this qualitative regulation will lead to discretionary decisions, broaden the scope of mandatory notarization, and cause a lack of transparency and inconsistency among localities.

Many delegates expressed disagreement with including "real estate purchase and sale deposit contracts" under the mandatory notarization requirement. Delegate Le Thanh Hoan (Thanh Hoa) analyzed that, according to the Civil Code, if the buyer breaches the deposit agreement, the seller has the right to sell the house to someone else. However, if the deposit contract has been notarized but has not been annulled by the court due to a dispute, the notary office will refuse further transactions, thus "tying the hands" of the house seller with a civil procedure.

Commenting on the regulation limiting notarization to specific districts, only allowing notarization of real estate in the locality where the property is located, delegate Le Thanh Hoan stated that this regulation is "legal zoning," creating privileged positions for notary offices and hindering competition based on service quality, going against the principle of socialization. Sharing this view, delegate Nguyen Truong Giang (Lam Dong) suggested abolishing the district-based division; if a notary lacks sufficient information to ensure security, they have the right to refuse to process the transaction.

Representative Pham Van Hoa (Dong Thap) also proposed abolishing "sub-licenses" in personnel management, typically the requirement to submit notarized copies of diplomas and certificates when reappointing officials.

Shift from "management" to "proactive support"

National Assembly representative Duong Khac Mai from Lam Dong province delivers a speech. Photo: Van Diep/TTXVN

In contributing their opinions to the draft Law on Legal Aid (amended), many delegates strongly agreed on the need to expand the scope of beneficiaries so that this humane law can truly be implemented in practice.

Representative Duong Khac Mai (Lam Dong) proposed including all ethnic minorities in the assistance program regardless of their residency status; and also adding victims of human trafficking, those under 18 years old accompanying them, and those recommended for compulsory drug rehabilitation.

Meanwhile, delegate Nguyen Thanh Phong (Vinh Long) proposed adding low-income individuals (those not classified as poor but lacking sufficient funds to hire a lawyer), victims of domestic violence, victims of Agent Orange, and those unemployed due to natural disasters and epidemics. The delegate also suggested strengthening proactive assistance at prisons, hospitals, and industrial zones, and developing online platforms.

Regarding macroeconomic policy, delegate Cao Thi Xuan (Thanh Hoa) frankly stated that the current approach still leans towards rigid administrative grouping of "target groups," leading to many genuinely vulnerable individuals failing to meet the criteria. She proposed that the Government provide detailed regulations on criteria based on the degree of legal vulnerability to ensure flexibility. At the same time, she emphasized that the breakthrough must be in service quality, requiring the legalization of criteria and the establishment of an independent quality assessment mechanism to combat formalism.

In particular, delegate Nguyen Thi Yen Nhi (Vinh Long) proposed the legalization of the "Inter-agency Coordination Council on Legal Aid in Litigation" model. She noted that this model has been effective for the past two decades but is currently only at the level of a joint circular, thus lacking strong binding force. Incorporating this model into law would elevate its legal value, institutionalize the responsibility of prosecuting agencies in informing and explaining the right to legal aid to citizens, and ensure that no one is left behind in their pursuit of justice.

Source: https://baotintuc.vn/thoi-su/day-manh-so-hoa-ho-tich-20260411123000449.htm