Removing administrative barriers for people lacking a residence book
Administrative barriers looked like they would prevent seven-year-old Huynh Ngoc Dan Hanh from going to school. Because she lacked a birth certificate, she would not be accepted into public education, even though her father had tried for Hanh’s entire life to obtain a birth certificate for her.

Her two younger brothers, aged six and three, also looked like they would miss out on an education until Decree 158/ND-CP (put in effect on April 1, 2006) to speed up judicial reform finally ended Mr. Huynh Ngoc Tien’s struggle to obtain birth certificates for his children.

Decree 158 removed previous requirements and allowed People’s Committees at the commune level to issue a birth certificate to children living in that commune, including children whose parent’s could not confirm their place of residence.

Up until the birth certificates were issued in June 2006, Mr Tien, who works as a xe-om (motorbike taxi) driver, spent a lot of time and money trying to solve his children’s problem. For several years it was difficult to live off his small wage and the money his wife made selling sugar cane juice at a roadside kiosk. His spare time was spent traveling the hundreds of kilometers between Quang Nam Province and Phu Yen Province to deal with cumbersome administrative procedures.

Initially, the promulgation of Decree 83 in 1998 on registering and monitoring birth, marriage and death records shattered his dream of getting birth certificates for his children. Under the requirements of this Decree, both he and his wife did not have enough legal documents to register the births of their children.

In the past, Mrs. Chinh had a permanent residence book in Hoa An village, Tuy Hoa District, Phu Yen Province, while Mr. Tien lived in Tien Phuoc, Quang Nam Province. Because both of them had to leave their villages to find work, the local government did not monitor their residence change and could not identify their relatives. Therefore, their marital status was not accepted and certified by any administrative agency.

The officials in An Xuan commune, Tam Ki, Quang Nam, where his family had registered to live temporarily could not do anything to issue birth certificates for his children. “At that time, we were very anxious. We could stand being hungry, but we could not be unconcerned about our children’s future. Birth registration for our children was much more important than earning money to support them”, he said.

An Xuan Ward’s justice official Mr. Nguyen Ngoc Thong wanted to help but was constrained by regulations. “Mr. Tien’s situation was symbolic of people who were meeting with difficulties. The local government really wanted to make it easier for people to solve their problems,” Mr Thong said.

The new Decree was a “savior” not only for Mr. Tien’s family but also for many other people in the same situation. According to Mr. Thong, Decree 158 is an advance in public administrative reform on registering and monitoring birth, marriage and death records because it minimizes administrative procedures for people and decentralizes authorities to communal, ward and town levels.

Mr. Tien is now clearly a happy person. “We are fine now. No need worry about those certificates anymore. This decree’s promulgation by the Government is very good for poor people like us,” he said.