KWPF KOREA-WORLD BANK PARTNERSHIP FACILITY A COMPARATIVE ANALYSIS OF LAWS ON CIVIL REGISTRATION AND VITAL STATISTICS SYSTEMS: ESTONIA, ETHIOPIA, VIETNAM, AND SOUTH KOREA SEPTEMBER 2017 A COMPARATIVE ANALYSIS OF LAWS ON CIVIL REGISTRATION AND VITAL STATISTICS SYSTEMS: ESTONIA, ETHIOPIA, VIETNAM, AND SOUTH KOREA September 2017 CONTENTS Acknowledgment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vii Abbreviations and Acronyms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ix 1  Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Purpose of Research. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Scope of Research. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2  Legal Framework for CRVS Systems. . . . . . . . . . . . . . . . . . . . 3 Estonia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Ethiopia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Vietnam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 South Korea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3  Analysis of Laws on CRVS Systems. . . . . . . . . . . . . . . . . . . . 13 UN Principles and Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Estonia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Ethiopia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Vietnam . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 South Korea . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 4   Comparison and Conclusion. . . . . . . . . . . . . . . . . . . . . . . . . 45 In Comparison with UN Principles and Recommendations . . . . . . . . . . 45 Comparison of Estonia, Ethiopia, Vietnam, and South Korea. . . . . . . . . 56 Conclusion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 ACKNOWLEDGMENT D r. Joungmee Han, Dr. Hyunggun Kim, and Ms. Jiyeon Choi from the Korea Legislation Research Institute (KLRI) and by Ms. Suhhee Hur from In & In Law Firm prepared this comparative study on the civil registration and vital statistics laws of four countries as a collaborative project between the Global Legal Research Team of KLRI and the Health, Nutrition, and Population Global Practice at the World Bank Group. They owe their deepest gratitude to Dr. Samuel Mills, Senior Health Special- ist, and Dr. Sanggon Na, Senior Economist of the Health, Nutrition, and Popula- tion Global Practice at the World Bank Group. Without their steadfast encourage- ment, this report would not have been possible. The authors are indebted to many of their colleagues for guidance. Dr. Junseo Lee and Dr. Kwangdong Park, Senior Research Fellows at KLRI, and Dr. Dowang Jin, Professor at Incheon National University, have enriched this report greatly by providing their peer reviews. Insights shared by Dr. Lee played a crucial role in forming the analysis, and Dr. Jin’s expertise on Korean civil law helped in developing the analysis. The research team is grateful to all members of the Global Legal Research Team at KLRI for their encouragement and support during completion of this report. ABBREVIATIONS AND ACRONYMS CR Civil registration CRVS Civil registration and vital statistics KLRI Korea Legislation Research Institute UIN Unique identification number VS Vital statistics 1 INTRODUCTION Purpose of Research If one lives in a society in which unique identification numbers (UINs) are assigned upon registration of birth and such registration almost always occurs immediately after birth and in which the UIN allows the individual to access the system of social welfare and services, it is hard to imagine that a person can exist without any state-recognized systematic registration process, but this is reality in many parts of the world. Whereas citizens of the developed world take registration of vital events such as births, deaths, marriages, and divorces as a matter of course, the births of millions of babies born every year around the world are not registered, and more than half of the deaths on earth are not recorded (WHO, nd). One reason for such nonregistration of vital events may be the public perception that it is not import- ant; another reason may be the lack of a legal system that mandates registration of vital events. The government of the Lao People’s Democratic Republic requested sup- port from the World Bank Group to help review its 2009 Family Registration Law in preparation for amendment of the law, which is expected to be submitted to the ordinary session of the National Assembly, VIII Legislature in April 2018. Accord- ingly, KLRI’s Office of Global Legal Research was enlisted to conduct the requested research by comparing the civil registration and vital statistics (CRVS) laws of four countries with diverse systems: Estonia, Ethiopia, Vietnam, and South Korea. The findings may also be of interest to other countries that are considering reviewing, amending, or enacting CRVS laws. 2 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Scope of Research to CR of 10 vital events identified in the Principles and Recommendations for a Vital Statistics System, Although civil registration (CR) and vital statistics Revision 3 (Principles and Recommendations) (UN, (VS) are bundled together and referred to as one 2014). Substantive criteria for and components of important aspect of an individual’s existence in a soci- information needed for registration of civil events are ety, this research will place its focus on CR rather than borrowed from the Principles and Recommendations, VS. The underlying laws for CR differ from those rel- which are used in analyzing the CR laws of the four evant to VS. The laws analyzed in this report pertain countries. 2 LEGAL FRAMEWORK FOR CRVS SYSTEMS Estonia The Estonian legal system, although increasingly influenced by other legal system, is the continental legal system (Miil et al. nd), in which core principles are codified into a referable system that serves as the primary source of law and that distinguishes substan- tive rules from procedural rules. Generally recognized principles of international law and binding international treaties form an inseparable part of Estonian law, and judi- cial precedent has also become an important source of law in Estonia (Miil et al. nd). Like other countries’ Constitutions, the Constitution of Estonia lays out fundamental constitutional principles: protection of the rights and freedoms of all people restricted only in accordance with the Constitution, the principle of legality and equal treatment, prohibition of discrimination, integrity of the person, and inviolability of family life and privacy (Miil et al. nd). Under these constitutional principles, laws are passed in parliament or through referendum. The key laws that govern matters relating to the CRVS system in Estonia are the Vital Statistics Registration Act, the Population Register Act, and the Family Law Act. The Establishment of Cause of Death Act and the Registered Partnership Act are other CRVS laws. Vital Statistics Registration Act1 The Vital Statistics Registration Act, among other things, provides for the compe- tence and functions of VS offices, the procedure for performance of VS procedures, and the rights and obligations of persons upon performance of VS.2 Under this Act, VS data—data on birth, death, contraction of marriage, di- vorce, and other changes under the Family Law Act or the Names Act—shall be en- tered in the population register.3 It requires VS offices4 to register, change, and correct VS data in the population register and to issue the extracts of such data. It also provides 4 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems for the procedure for entering VS data in the population  rovisions of the Population Table 2. P data; the appointment, training, and examination of VS Register Act officials; and their duty to act as competent officials and General Provisions Articles 1–9 to comply with the requirements of the Civil Service Act. Chief Processor and Authorised Processor of Articles 10–13 Population Register Conditions of Maintenance of Population Articles 14–19  rovisions of the Vital Statistics Table 1. P Register Registration Act Composition of Data in Population Register Articles 20–25b General Provisions Articles 1–16 Transfer of Data to Be Entered in Population Articles 26–31 Grant of Right to Perform Functions Related to Articles 17–20 Register Contraction of Marriage to Ministers of Religion Entry of Data in Population Register Articles 32–35 Vital Statistics Entries Articles 21–49 Transfer of Data to Archives of Population Articles 36–39 Registration of Data Concerning Reassignment Articles 49 –49 a b Register of Sex Entry of Data on Residence in Population Articles 39a–48 Data Acquisition Based on Foreign Vital Articles 50–51 Register Statistics Document Personal Identification Code Articles 49–52 Supervision over Performance of Vital Statistics Articles 52–53 Ensurance of Accuracy of Data Entered in Articles 54–56 Procedures Population Register Implementation of Act Articles 54–67 Requirements for Processing, Preservation and Articles 57–64 Protection of Data Access to Data in Population Register and Use Articles 65–81 of Data Population Register Act5 Administrative Supervision over Maintenance of Articles 82–87 The Population Register Act provides for the composition Population Register of data in the population register and procedures for estab- Financing of Maintenance of Population Register Articles 88–92 lishing and maintaining the population register, process- Implementing Provisions Articles 93–101 ing of data and access to data in the population register, Final Provisions Articles 102–104 entering data on residence in the population register, and supervising the maintenance of the population register.6 The purpose of this Act is to ensure collection Company Laws and Regulations Handbook 2012). Un- of the main personal data of subjects of the popula- like the Vital Statistics Registration Act and Population tion register in a single database for the performance of Register Act, it provides substantive rules and certain functions of state and local governments under relevant procedural rules for family relations. It determines the law upon the exercise of the rights, freedoms, and obli- legal requirements and consequences of most vital events. gations of persons.7 It applies to VS data entries in the population register unless otherwise prescribed under the Vital Statistics Registration Act.8 Other Laws Other laws also play a role in the CRVS system in Estonia. For instance, the Establishment of Cause of Death Act Family Law Act9 provides for the establishment of death (cases in which a The Family Law Act regulates family relations, includ- person shall be considered dead) and cause of death (the ing marriage, relations between parents and children, ascertainment of the cause of death of a person).10 The and adoption. Registered Partnership Act,11 which allows two natural The purpose of this Act is to ensure wide-ranging persons of whom at least one has residence in Estonia to protection and the welfare of the family (Estonia enter into a registered partnership contract,12 requires the Legal Framework for CRVS Systems 5 Table 3. Provisions of the Family Law Act  rovisions of the Civil Registration Table 4. P and Vital Statistics Law Part 1. Marriage Contraction of Marriage Articles 1–8 General Provisions Articles 1–3 Invalidity of Marriage Articles 9–14 Organs for Registration of Vital Events Articles 4–9 General Legal Consequences of Marriage Articles 15–23 Register of Civil Status Articles 10–16 Proprietary Relations of Spouses Articles 24–62 Procedures of Registration of Vital Events Articles 17–23 Termination of Marriage Articles 63–79 Registration of Birth Articles 24–29 Part 2. Rights and Obligations Arising from Blood Relationship Registration of Marriage Articles 30–33 General Provisions on Blood Relationship Articles 80–81 Registration of Divorce Articles 34–37 Ascertainment of Filiation Articles 82–95 Registration of Death Articles 38–44 Obligation to Provide Maintenance Arising from Articles 96–112 Copies and Certificate of Registration of Vital Articles 45–48 Filiation Event General Legal Relationship between Parents and Articles 113–115 Correction of Records of Register of Civil Status Articles 49–54 Children National Identity Card Articles 55–62 Rights and Obligations of Parents Articles 116–146 Accessibility of Information Articles 63–64 Adoption Articles 147–170 Miscellaneous Provisions Articles 65–70 Part 3. Guardianship Guardianship over Minor Articles 171–201 Guardianship over Adult Articles 202–207 Special Cases of Guardianship Articles 208–209 213/200015 was enacted with Article 321(1),16 which Part 4. Implementing Provisions Articles 210–231 stipulated a requirement for the immediate release of a national registration law. Before the Revised Family Law 2000 was enacted, municipalities were issuing certificates of birth, death, details of a registered partnership contract to be entered marriage, and divorce without proper registration based in the population register pursuant to the VS data proce- in national law. With enactment of the Revised Fami- dure under the Vital Statistics Registration Act.13 ly Law, provisions for the registration of marriages and births and other vital events are provided for at the na- tional level. Furthermore, stipulations were included for Ethiopia the federal government to enact a registration law that would establish the Office of Civil Status. It was not un- CR in Ethiopia was included in the Civil Code 1960. til 2012 that Registration of Vital Events and National There are several articles on the procedures for reporting Identity Card Proclamation No. 760/2012 (CRVS Law) vital events, organizational structure, storage and sim- was enacted. This is a comprehensive law on registration ilar other components of the registration activity were of vital events in Ethiopia. It repealed Articles 47 to 153 incorporated. The vital events that the Civil Code took of the 1960 Civil Code, which were provisions on CR into account were birth, death, and marriage. Although that had been suspended indefinitely. the Civil Code has incorporated articles on the regis- The purpose of this law is to establish a system tration of vital events, Article 3361 stipulated that an of registration of vital events (birth, death, marriage, di- official order was necessary to activate the Civil Code.14 vorce), which is significant to economic, social, politi- Because the official order was not subsequently issued, cal development for the provision of services to citizens, the Civil Code 1960 was not effected for decades. creating expedient and effective justice administration The Revised Family Law 2000, Proclamation No. and to the creations of an accessible, comprehensive, 6 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 5. S  tatutory instruments that along with the individual registration system, but the supplement the civil registration household registration and block wardens under the ho and vital statistics law khau were for monitoring citizens’ dissenting political views and possible political or religious activities (U.S. Vital Events Statutory Instrument(s) Department of State 2005). Although political in its Birth Registration of Vital Events and National purpose, the household registration system facilitated Identity Card, Proclamation No. 760/2012 social services because people within the system are pro- Death Registration of Vital Events and National Identity Card, Proclamation No. 760/2012 vided with education, healthcare, social security, and Fetal Death N/A opportunities to partake in social activities (Vietnam Marriage Registration of Vital Events and National Academy of Social Science 2016). With vital services Identity Card, Proclamation No. 760/2012 from the government connected to the household reg- Divorce Registration of Vital Events and National istration status, the registration is perceived as a privi- Identity Card, Proclamation No. 760/2012 lege rather than an obligation; before the residence law Annulment Revised Family Code 2000 in 2005, household registration was limited to those Judicial Separation Revised Family Code 2000 who had lived in a city or district for more than 3 con- Adoption Revised Family Code 2000 tinuous years. The new residence law shortened the Legitimation Constitution of the Federal Democratic Republic of Ethiopia required residence period to 1 year, but popular loca- Recognition Constitution of the Federal Democratic tions, including big cities such as Hanoi, passed their Republic of Ethiopia own residence rules that still require 2 years of continu- ous residence to qualify to register the household. compulsory registration system to require timely reg- The CR system in Vietnam is a “centralized ad- istration of vital events. Although the CRVS Law pro- ministration with a single agency for civil registration vides for a comprehensive registration system, it does and vital statistics (UN 1998).” A centralized adminis- so only for birth, marriage, divorce, and death. Other tration system inherently enables nationwide consisten- laws that are to be read in connection with the CRVS cy, with rapid implementation of new policies and swift Law are the Revised Family Law 2000, the Civil Code adaptation to any procedural and substantial changes. 1960, and the Constitution of the Federal Democratic The seeming advantage of having a centralized adminis- Republic of Ethiopia, Proclamation No. 1/1995.17 tration also has loopholes for not associating with local For the purposes of this report, table 5 summa- government and municipality offices that data sharing rizes the statutory instruments that supplement the may be an issue, allowing vital information to leak out current CRVS Law. before it reaches the central depository database. There are multiple laws related to CRVS, such as the Law on Civil Status and the Law on Residence that are Vietnam directly on point to registering CR, as well as the Law on Marriage and Family, the Law on Adoption, and the Law Registration of citizens in different forms with various on Children, whose inherent nature intertwines with CR. purposes has been in existence in Vietnam for decades. Individual registration of lifetime events, from birth to marriage to divorce to death, has been recorded in Law on Civil Status the government VS database as per government poli- The Law on Civil Status was enacted in 2014 and cies. Vietnam’s household registration system, known became effective in 2016 to prescribe civil status, rights, as ho khau, was also used in recording VS of people, obligations, and procedures for CR. It also provides a Legal Framework for CRVS Systems 7 Table 6. Provisions of the Law on Civil Status Chapter I General Provisions Articles 1–12 Chapter II Birth Registration Articles 13–16 (Commune- Marriage Registration Articles 17–18 Level) Guardianship Registration Articles 19–23 Registration of Parent and Child Recognition Articles 24–25 Registration of Civil Status Change, Correction and Supplementation Articles 26–29 Recording in the Civil Status Book Civil Status Changes According to Judgments and Decisions of Competent Articles 30–31 State Agencies Death Registration Articles 32–34 Chapter III Birth Registration Articles 35–36 (District- Marriage Registration Articles 37–38 Level) Guardianship Registration Articles 39–42 Registration of Parent and Child Recognition Articles 43–44 Registration of Civil Status Change, Correction and Supplementation, Ethnicity Re-determination Articles 45–47 Recording in the Civil Status Matters of Vietnamese Citizens Which Have Been Settled at Competent Foreign Articles 48–50 Agencies Death Registration Articles 51–52 Chapter IV Civil Status Registration at Representative Missions Articles 53–56 Chapter V Civil Status Database Articles 57–61 Issue of Civil Status Extracts Articles 62–64 Chapter VI State Management Responsibilities for Civil Status Articles 65–71 Civil Status Officers Articles 72–74 Chapter VII Implementation Provisions Articles 75–77 legal foundation for establishing and managing the civil also lists management responsibilities for civil status by status database. setting out officers’ duties and obligations. Civil status as defined in this law includes in one’s individual history from birth to death, but mat- ters related to Vietnamese citizenship and adoption are Law on Residence exclusively left to follow authorities under the Law on When registering residence of citizens, it has long been Vietnamese Citizenship and the Law on Adoption, un- the custom in Vietnam to register by household, with less otherwise provided under this law. the earliest regulatory findings in the Circular 495-TTg Consisting of seven chapters and 77 articles, the published on October 23, 1957 (Vietnam Academy of Law on Civil Status covers registration of birth, death, Social Science 2016). Since then, other decrees and cir- marriage, guardianship, parental registration, and child culars have been published, changing the responsible recognition at various levels of governmental agencies government department from the Ministry of Public including commune-level people’s committees, dis- Security to the Ministry of Home Affairs and setting trict-level people’s committees, overseas representative conditions for household registrations until the Law on missions, and civil status database, and the law also gov- Residence was passed in 2006. The Law on Residence, erns rules on issuance of civil status extracts. This law which took effect in 2007, put the Ministry of Public 8 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 7. P  rovisions of the Law on time, such as same-sex marriage, surrogacy, and mar- Residence riage with foreigners. General Provisions Articles 1–8 The Law on Marriage and Family as passed on Citizen’s Residence Rights and Responsibilities Articles 9–17 June 19, 2014, by the Vietnamese National Assembly Permanent Residence Registration Articles 18–29 has 133 articles in 10 chapters. Key provisions of the Temporary Residence Registration, Stay Articles 30–32 law that are changes or new from the 2000 version Notification, Absence Declaration include setting legally marriageable ages, allowing sur- Residence Administration Responsibilities Articles 33–39 rogacy with no compensation involved, and applying Implementation Provisions Articles 40–42 Vietnamese law on marriage and family to marriages involving foreigners. Security back in charge of the residence registration sys- tem and simplified tiers of residence. Although Ha Noi has carved its way out from the nation-wide residence Law on Adoption registration system under the Law on Residence by set- The Law on Adoption sets out the principles, condi- ting up the Law on Capital City in 2012 with exceptional tions, and procedures for adoption; obligations of conditions for residents registering in the city of Ha Noi, adoptive parents; and responsibilities of adoption agen- the Law on Residence is still the core legal instrument cies. With the purpose of ensuring the best interests of defining qualifications and duties of residents. adopted children, the Law on Adoption fixes the pref- Composed of 42 articles in six chapters, the Law erence of adoptive families, from the closest relatives to on Residence aims to ensure citizens’ freedom of res- foreigners residing overseas. idence while laying out the rights and responsibilities This law provides rules for domestic and inter- of citizens and households. By placing requirements on national adoption in two separate chapters, clearly dif- qualification for registering residence, the law clarifies ferentiating the requirements and procedures to best rights and responsibilities of the residents while eluci- protect children. There are 52 articles in five chapters, dating the duty of government agencies to provide ser- with clusters of articles on domestic adoption, another vices and benefits to registered residents. chunk on the international adoption, and some covers the responsibilities of adoption agencies; the rest are on general provisions including definitions and implemen- Law on Marriage and Family tation clauses. When traced back, earlier versions of the Law on Mar- riage would point the Marriage and Family Law of  rovisions of the Law on Marriage Table 8. P 1959 as the one having the most significant impact in and Family the history of the Marriage and Family Law. The 1959 General Provisions Articles 1–7 law placed emphasis on gender equality by including Getting Married Articles 8–16 provisions prohibiting arranged marriages and declar- Relationship Between Husband and Wife Articles 17–50 ing polygamy illegal.18 Those two sensational thoughts Termination of Marriage Articles 51–67 of law, prohibition of arranged marriages and polyg- Relationship Between Parents and Children Articles 68–102 amy, were accepted by Vietnamese citizens, and the law Relations Among Other Family Members Articles 103–106 has evolved constantly since then. The Law on Mar- Support Articles 107–120 riage and Family, amended in 2000, laid down all prin- Marriage and Family Relations Involving Foreign Articles 121–130 ciples of the most recent version of the law, but a 2014 Elements version added provisions that reflected concerns of the Implementation Provisions Articles 131–133 Legal Framework for CRVS Systems 9 Table 9. Provisions of the Law on Adoption as birth, marriage, and death, and other matters con- General Provisions Articles 1–13 cerning certification thereof (Art. 1). Family relation- Domestic Adoption Articles 14–27 ship registration in Korea was introduced as a response Intercountry Adoption Articles 28–43 to the need for a new family registration system to Responsibilities of State Agencies for Adoption Articles 44–49 replace the former system after the head-of-household Implementation Provisions Articles 50–25 system was abolished19 in January 1, 2008, through amendment of Civil Act (Act No. 7427, proclaimed and entered into force March 31, 2005). Law on Children Act on the Registration, Etc. of Family Rela- The Law on Children, adopted on May 4, 2016, defines tionships provides mainly for the recording and man- a child as a person younger than 16 years old. By setting agement of events such as birth, marriage, and death. out children’s rights and responsibilities, the law protects It was introduced to make it easier for the people to children by providing basic levels of education and care. obtain certificates of family relations by, for example, Government authorities for the care and protection of enabling issuance of the certificates in various forms ac- children are designated in the law. The most import- cording to the purpose of issuance. ant features of the law are the provisions on appropriate The Act on the Registration, Etc. of Family Rela- conditions of employment for children, to prohibit traf- tionships consists of 124 articles in eight chapters. ficking of children and prevent child labor exploitation. The law has 106 articles in six chapters, but few  rovisions of the Act on the Table 11. P provisions related to CRVS. Registration, Etc. of Family Relationships Table 10. Provisions of the Law on Children General Provisions Articles 1–8 Preparation of Family Relations Registers and Articles 9–15 General Provisions Articles 1–11 Processing of Registration Children’s Rights and Responsibilities Articles 12–41 Records of Registers Articles 16–19 Education and Care of Children Articles 42–46 Report Articles 20–103 Child Protection Articles 47–73 Rectification of Register Articles 104–108 Children’s Participation in Issues Involving Articles 74–78 Objection Procedure Articles 109–113 Children Forwarding of Report Documents and Articles 114–116 Duties of Agencies, Organizations, Education Articles 79–102 Supervision by Court Establishments, Families and Individuals to the Exercise of Children’s Rights and Penalty Provisions Articles 117–124 Responsibilities Implementation Articles 103–106 Evolution of identity certification system The family relationships register is an electronic sys- tem in which an individual’s personal information is South Korea entered with other family members’ information , and the system also records times when a certificate Act on the Registration, Etc. of Family is issued in what type. There is no paper-based regis- Relationships ter. The certification system has undergone significant Introduction of the system reform to reinforce protection of personal information Family relationship registration is registration of the that the system devised three types of certificates—gen- establishment of and changes in family relations, such eral, specific, and special. Each has different scope of 10 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems information shown, thus prevent unnecessary personal Originally this law was enacted to provide a information to be revealed when obtaining a certificate. stable livelihood for Korean nationals residing abroad A general certificate shows only essential information because confirmation of nationality was necessary to such as current relationship status. A specific certificate obtain permanent residency in Japan. The law was de- shows one’s entire relationship history, such as divorce signed especially those living in Japan, of whom there and adoption, and is for special uses only. Special cer- were approximately 100,000, when diplomatic rela- tificates show only the items that the applicant chooses. tions between Korea and Japan were normalized, who were without their “registered origin of family” and Computerization of registration were finding it difficult to certify their nationality. The Registration is processed through a computerized sys- registered origin of family was established for those liv- tem. To prevent loss of computerized registration data, ing abroad under this law, thus enabled Koreans in Ja- a paper-copy of the register is prepared and maintained. pan to obtain permanent residency. For those who wish to use computerized registration At the time the act was enacted, its main purpose data, there is a strictly regulated procedure to prevent was to establish the family register of nationals residing misuse of information on family relations register.20 Use abroad and of those who did not have the origin of of computerized registration information for purposes family registered after the Korean War. Over time, the other than the original purpose is prohibited.21 purpose changed to provide for necessary procedures of establishing family relationship register and changing information on the register for those who do not have Act on Special Cases Concerning a family relationship register or need theirs corrected, Establishment, Correction, and Adjustment taking into consideration the needs of those residing of the Family Relation Register for Korean abroad for a long time who cannot report changes in Nationals Residing Abroad (hereinafter family relationships within the statutory period. “Act on Family Relation Register for Korean With only seven articles (Article 8 was delet- Nationals Residing Abroad”) ed), the Act on Family Relation Register for Korean The Act on Family Relation Register for Korean Nation- als Residing Abroad was enacted and implemented sepa- rately from the Family Relations Registration Act. It was originally enacted in 1967 as the Provisional Act on Spe-  rovisions of the Act on Table 12. P cial Cases Concerning the Acquisition of the Family Reg- Special Cases Concerning the Establishment, Correction ister for Korean Nationals Residing Abroad, which was and Adjustment of the Family wholly amended in 1973 as the Provisional Act on Spe- Relation Register for Korean cial Cases Concerning the Acquisition, Correction and Nationals Residing Abroad Adjustment of the Family Register for Korean Nationals Purpose Article 1 Residing Abroad and again amended in 2000 as the Act Definitions Article 2 on Special Cases Concerning the Acquisition, Correc- Application, etc. for Permission of Article 3 tion and Adjustment of the Family Register for Korean Establishment, Correction or Adjustment of Nationals Residing Abroad. In 2007, the act underwent Family Relation Registers significant amendment and is being enforced as the Act Attached Documents Article 4 on Special Cases Concerning the Establishment, Correc- Processing Application Article 5 tion, and Adjustment of the Family Relation Register for Compilation, etc. of Family Relation Register Article 6 Korean Nationals Residing Abroad. Bearing Expenses Article 7 Legal Framework for CRVS Systems 11 Nationals Residing Abroad is designed for the special inspection of resident registration information and is- purpose of stipulating special cases. suance of certificates became possible, and sharing of information among government ministries (via shared use of resident registration system)22 enabled residents Resident Registration Act to report various matters to the different government Establishment of the system branches without submitting documents to each office. Korea’s resident registration system was established in Awareness of the need for prevention of forgery and the 1960s for administrative management purposes, alteration of certificates led to adoption of fluorescent with a focus on military administration and manage- printing technology. Issuance of a certified copy or ment of residents. Beginning in 1968, all people were abstract of a resident registration record card via un- issued a personal identification number, and it became attended certificate issuer machines became possible, mandatory to carry a resident registration certificate. and 1,853 such machines had been installed by Janu- The Resident Registration Act was enacted in ary 2009. People’s access to administrative services in- 1962, and stated the purpose of the law as “clearly as- creased dramatically.23 certaining the residential status of residents and the movement of the population.” In other words, the pur- pose of this Act was to enable the government to keep Endnotes track of the changes in the people’s residential status by ascertaining the residential status of residents, rather 1 For the purpose of this report, “Vital Statistics Regis- than to establish an effective administrative system to tration Act” means the Vital Statistics Registration Act provide service to the people. passed on May 20, 2009, and entered into force on July 1, 2010 (partially entered into force on June 22, 2009). 2 Vital Statistics Registration Act, art. 1(1). Changes due to arrival of the age of information 3 Ibid. arts. 2(1), (3). With the arrival of the information age since the 1980s, 4 VS offices are rural municipal and city governments, the resident registration law has undergone a significant county governments, foreign missions of Estonia, or the change. The system had been focused on verification Ministry of the Interior. Ibid. art. 3(2). and management of population changes, but was now 5 For the purpose of this report, “Population Register Act” designed to enhance administrative efficiency. means the Population Register Act passed on May 31, In 1987, a national basic information system 2000, and entered into force on August 1, 2000 (par- tially entered into force on January 1, 2001). project and administrative information system project 6 Population Register Act, art. 1(1). were established and implemented, and an electronic 7 Ibid. art. 2. resident registration system was established. Informa- 8 Ibid. art.1(3). tion on resident registration record cards, which had 9 For the purpose of this report, “Family Law Act” means been hand-written, were stored in an electronic data- the Family Law Act passed on November 18, 2009, and base, enabling various certificates to be issued through entered into force on July 1, 2010. the electronic resident registration system. In addition, 10 Establishment of Cause of Death Act, arts. 3–4. a computer network was established in every metro- 11 The Registered Partnership Act was passed on October 9, 2014, and has been in force since January 1, 2016. politan administrative unit for efficient administrative 12 Registered Partnership Act, art. 1(1). operation. 13 Ibid. art. 3(3). Establishment of electronic systemsSince the 14 Article 3361(1) Civil Code 1960: “(I) Art. 48–55, 57–70, beginning of the 2000s, the electronic resident regis- 72–77, 79–131 and 133–145 shall not come into force tration system has become more sophisticated. Online until a day to be notified by Order published in the Negarit 12 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Gazeta.” The Negarit Gazeta is the official federal govern- 20 Further information on Family Relations Register, ment law gazette for the publication of all federal laws. see http://help.scourt.go.kr/nm/min_17/min_17_2/ 15 The Revised Family Law, Proclamation No. 213/2000. min_17_2_2/index.html (Supreme Court of Korea, last 16 “The Federal Government shall, within six months from visited on June 12, 2017.) the coming into force of this Code, issue registration law 21 Any person who violates this provision shall be pun- applicable to the Administrations where this Code is to be ished by imprisonment with labor for not more than enforced and establish the necessary institutions. (RPA)” three years or a fine not exceeding ten million won. (Art. 17 Constitution of the Federal Democratic Republic of 117–2) Ethiopia, Proclamation No. 1/1995. 22 This service has been provided for 106 types of civil 18 For a description of the law, see http://family. affairs administration since 2002. jrank.org/pages/1741/Vietnam-Gender-Equity- 23 As of October 2015, 93.1% of people had used admin- Marriage-Family-Law-1959.html. istrative services within the past year, and there were 19 Before this law was amended, family relationships were 38,120,000 administrative service users. recorded based on the head-of-household system accord- As of October 2015, 89.0% of individuals aged 16 ing to the Act on the Registration, Etc. of Family Rela- to 74 were aware of electronic service, and there were tionships. The head-of-household system was abolished 36,441,000 users. after the Constitutional Court’s decision in 2005 that As of October 2015, 76.7% of individuals aged 16 to 72 found it unconstitutional (KCCR 1, 2001Hun-Ga9, had used electronic services within the past year—4.2 etc. and Constitution Art. 36–1). This decision led percentage points higher than the previous year’s rate to amendment of the Civil Act, which abolished the (72.5%). http://www.index.go.kr/potal/main/EachDtl- head-of-household system, which then brought the PageDetail.do?idx_cd=2861. amendment of the Act on the Registration, Etc. of Fam- ily Relationships 3 ANALYSIS OF LAWS ON CRVS SYSTEMS UN Principles and Recommendations The Principles and Recommendations that apply to the VS system consist of legal registration, statistical reporting, collection, compilation, and dissemination of sta- tistics for vital events. The vital events that should be accounted for are live birth, adoption, legitimations, recognition, death and fetal death, marriage, divorce, sep- aration, and annulment of marriage (UN Department of Economic and Social Affairs 2014). CR is defined as the continuous, permanent, compulsory, universal record- ing of the occurrence and characteristics of vital events of the population. Thus, CR allows collection of basic information on vital events that occur to the residents of a country within a specified timeframe, which becomes the basis for vital records with legal value and compilation of VS. Enactment of legislation that establishes an obligatory legal basis for registration is the best way to attain continuous, perma- nent recording of vital events. The purpose of a national CR system is to record and store information on vital events and to permit recovery of the information for legal, administrative, statistical, and other necessary purposes. This is accomplished using a registration method because CR is conducted using legal documents, which are universally rec- ognized as a reliable source of VS. As such, a national CR system must be governed by certain principles (UN Department of Economic and Social Affairs 2014). The system must be compulsory. Solely establishing a law on registration is insufficient if it is not implemented with a punishable offense. Universality of CR must be maintained to ensure that maximum value can be derived from the registration system for individuals and users of vital records. As such, registration must be applied to the entire population of a country. 14 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Continuity and permanence of registration the occurrence of a vital event and the specifics requires that there be an administratively stable to the registering authority. The period of time authority to perform the necessary duties. Per- should be specified in the national registration manence depends upon the CR law that pro- law for each vital event. Although a shorter vides the authority for CR administration and is period of time is preferable, taking into account a requirement for the continuity of registration socioeconomic factors, a longer period of time and VS information. may be warranted. Because the characteristics of Confidentiality of the information must be each vital event differ, the time for registration protected so that that records can be used for does not need to be uniform for all events, but research purposes without publicly disclosing a requirement for timely reporting should be the identity and characteristics of the individ- established. Uniform procedures and time peri- uals involved. Because of the importance of ods should be applicable throughout the coun- confidentiality, provisions for confidentiality of try, and the maximum period allowed between the information and protection for the privacy the occurrence and obligation to register a vital of persons should be included in the national event should be shortened. CR law. Cost of current registration. For full compliance with registration, the recommendation is that Other characteristics of a national CR system no fees be charged for registration of a birth, that should be implemented are (UN Department of marriage, divorce, fetal death, or death that has Economic and Social Affairs 2014): occurred within the time period stipulated in the law, although fees may apply for issuance of cer- Designation of responsibilities and organiza- tificates and delayed registration. tional structures. Clear designation of duties Proof required for registration of vital events. and responsibilities with regard to registration; Proof of the occurrence of a vital event from an recording; custody of records; statistical report- informant can be documents, personal declara- ing; collection, compilation, analysis, presenta- tion, or both. Although documentary evidence is tion, and dissemination of information; and crit- more reliable, there are instances in which docu- ical review and evaluation of the system should mentary evidence cannot be provided. As such, accompany assignment of functions. personal declarations should also be accepted as Designation of the legally responsible informant proof of an event. In such cases, the absence of for each classification of vital event. This defines documentary proof and when the local registrar who is legally required to report a vital event to is a trained official, empowering the official to the local registrar. When a vital event occurs in determine when proof provided by a witness an institution, the recommendation is to desig- should be acceptable and when registration nate the institution as the informant. should be accepted solely on the basis of infor- Place of registration. A vital event will normally mation supplied by the informant should be a be registered where is occurred or the place of possible resolution.Provision for late or delayed usual residence, but the law must clearly artic- registration. ulate the place of registration for each type of Provision for late and delayed registration of each event. vital event and the length of the delay should be Time allowed for registration. This is the time- included in the law. The documentary evidence frame within which the informant must report that is acceptable should be stipulated, and the Analysis of Laws on CRVS Systems 15 scale of fees associated with the duration of delay restrictions on use and permitted disclosures, should be established. should be stipulated. The vital event registration record. Because the Complementary notations (additions) in vital vital event registration record contains infor- event registration records. The record of mod- mation on a vital event, the information is ification should be made in a way to show the related to the characteristics of the event and change. Additions or changes to the registration the persons involved the event. Because the reg- records must be made so as not to alter any of istration record has legal value, it is subject to the original entries. corrections and amendments throughout the Amendments to vital records. Because records lifetime of the concerned individual. As such, may need to be amended if a clerical or other the recommendation is for development of a error is made at the time of registration, provi- computerized system, although vital events sions should be made in a statutory instrument can be registered manually. In circumstances in for correction of errors. The person(s) with the which manual techniques are used, a book or responsibility to make corrections and under card register may be permitted. A book register what circumstances corrections can be made will be in the form of a preprinted blank regis- should be specified. The courts in the appropri- tration form that is bound as a hardcover book ate jurisdiction and the CR authority may make that enables each vital event to be entered con- corrections. Regardless of the authority, changes secutively as it is reported. Handwritten infor- should be made so that every copy is amended. mation is entered in the register, and a duplicate This requires that copies of changes be provided book register must be kept for backup. The card to all locations that maintain original or archival register records each vital event on an individ- copies of the files. ual form, and duplicates of records can be pre- Penalties associated with noncompliance with pared using carbon paper, multi-copy forms, or registration. Although countries may have pen- photocopying. alties for noncompliance, the level of registration Storing and preserving records of vital events. is low. Registration should be linked to penalties Storage and preservation are a significant for those who fail to comply with the registra- consideration as records accumulate. Thus, tion law. Because penalties for failure to comply space requirements for storing records must with registration are not always implemented, be assessed. In addition to storage of original and the existence of late-filing penalties may be records, adequate measures must be developed a deterrent to compliance at all, it is necessary to for sorting duplicate copies of original records. provide a basis for prosecution. As such, duplicates should be stored in a differ- ent place than the originals. Preservation and safety. Precautionary proce- Estonia dures should be devised to guard against threats to the safety and integrity of registration files. In Estonia, county, city, and rural governments and the Release of information on individual vital event Tallinn Vital Statistics Office (vital statistics office) reg- records. The law should provide that informa- ister births, deaths, marriages, and divorces, and make tion on individual vital event records will not be changes in VS data in the population register.1 disclosed except to specifically authorized per- The Family Law Act and the Vital Statistics Reg- sons. Procedures for sharing files, including any istration Act regulate registration of vital events. The 16 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 13. Summary of UN Principles and Recommendations for Civil Registration Lawa Overriding Other Characteristics of a Civil Minimum Core Characteristics Specific to Each Vital Vital Event Principles Registration Law Event That Should Be Provided for in the Law Live Births 1. Continuity 1. Designation of responsibilities 1. Date of occurrence and registration 2. Permanence and organizational structure 2. Place of occurrence 3. Compulsory for civil registration 3. Place of registration 4. Universal 2. Legally responsible informant 4. Type of birth (single, twins or more–multiple delivery) 5. Confidentiality (can be an individual or 5. Attendant at birth institution) 6. Sex and weight at birth 3. Place of registration 7. Date of birth of mother 4. Time allowed for registration 8. Marital status of mother 5. Cost of current registration 9. Place of and duration at usual residence of mother 6. Proof required for registration 10. Place and county of birth of mother 7. Late and delayed registration 11. Children born alive to mother during her lifetime 8. Vital event registration record 12. Fetal deaths to mother during her lifetime 9. Preparation of records 13. Date of previous live birth 10. Storage and preservation of 14. Date of marriage records 15. Date of birth of father 11. Release of information on 16. Marital status of father individual vital event records 17. Place of usual residence of father 12. Additional notations in records 13. Amendments to vital records 14. Penalties associated with noncompliance Deaths 1. Date of occurrence 2. Date of registration 3. Place of occurrence 4. Place of registration 5. Cause of death 6. Certifier 7. Date of birth of the deceased 8. Sex of deceased 9. Marital status of deceased 10. Place of usual residence 11. Place of usual residence of the mother (for deaths under 1 year of age) Fetal Deaths 1. Date of occurrence of fetal delivery 2. Date of registration 3. Place of occurrence 4. Place of registration 5. Sex of fetus 6. Date of birth of mother 7. Children born alive to mother during her lifetime 8. Fetal deaths to mother during her lifetime 9. Date of last previous live birth 10. Date of marriage 11. Place of usual residence of mother 12. Date of birth of father 13. Place of usual residence of father Marriages 1. Date of occurrence 2. Date of registration 3. Place of occurrence 4. Place of registration 5. Date of birth of bride and groom (separately) 6. Place of usual residence (continued on next page) Analysis of Laws on CRVS Systems 17 Table 13. Summary of UN Principles and Recommendations for Civil Registration Lawa (cont.) Overriding Other Characteristics of a Civil Minimum Core Characteristics Specific to Each Vital Vital Event Principles Registration Law Event That Should Be Provided for in the Law Divorces 1. Date of occurrence 2. Date of registration 3. Place of occurrence 4. Place of registration 5. Date of birth of divorcees (husband and wife separately) 6. Date of marriage 7. Place of usual residence Annulments Other than the overriding principles and the characteristics of civil registration law, there are no core minimum characteristics associated with these topics. Judicial Separations Adoptions Legitimation Recognition a This table is a summary of the principles that should be included in CR laws. The minimum core characteristics are a summary of Table III.3, “Topics and themes to be investigated for vital statistics purposes through the civil registration system” from the UN Principles and Recommendations for a Vital Statistics System, Revision 3, 2014, Topics and themes indicated with the symbol ♦ in Table III.3 have been listed in Table 13, minimum core characteristics of this report. In addition, for each vital event, overriding principles and other characteristics of civil registration laws are warranted in the UN Principles and Recommendation. For births, deaths, fetal deaths, marriages, and divorces, further minimum core characteristics should be included in civil registration laws. Vital Statistics Registration Act requires VS offices to Birth register births and deaths, certify marriages and divorc- In Estonia, the birth of a child should be registered in es, make changes under the Family Law Act in the pop- the population register if the child is born in Estonia, ulation register arising therefrom, change and correct the residence of a parent of the child is in Estonia, or a data entered in the population register, and issue ex- parent of the child is an Estonian citizen.4 tracts of VS data in the population register.2 To register a birth, the legal representative of the In processing VS data, VS offices are required to child must submit an application to register a birth at comply with the principles of purposefulness and re- a VS office in person within 1 month from the date of strictive use provided in the Personal Data Protection birth of the child. A VS office may extend this period Act.3 The principle of purposefulness enables VS offices up to 2 months.5 to collect personal data only to achieve determined and An application for registration of a birth should lawful objectives and to process the data in a manner include the information specified in subsection 9(5) conforming to the objectives of data processing. The (box 1) and subsection 22(1) (box 2) of the Vital Sta- principle of restrictive use does not allow VS offices to tistics Registration Act, and documents that certify the use personal data for other purposes without the con- information should be appended to the application.6 If sent of the person concerned or the permission of a a guardian registers the birth of a child, the information competent authority. provided in subsection 22(1) of the Act should be in- In general, therefore, registration of vital events cluded in the application.7 in Estonia can be deemed continuous, permanent, A VS office should register the birth of a child compulsory, universal, and confidential, which means within 7 working days from the date of receipt of an that the overriding principles have been included in the application for registration of the birth.8 Estonian CRVS system. 18 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Box 1 required that a doctor, a nurse, or the head of an ambu- Section 9. Application submitted to vital statistics office lance crew establish death.12 (5) In addition to other data required by law, an application VS offices must register a death if the person dies submitted to a vital statistics office shall set out the following data on the applicant: in Estonia, the last residence of the person who dies in 1) name a foreign country was in Estonia, or the person was an 2) personal identification code and, in the absence Estonian citizen who died in a foreign country.13 thereof, date of birth and sex 3) clearly worded content of the application To register a death, the spouse or relative by mar- 4) information on place of birth riage of the deceased person (or the head of an insti- 5) data on residence 6) contact details, including telephone number and e-mail tution providing health care services, a police officer, address or another person who has information concerning 7) citizenship the death) should submit an application to a VS office 8) marital status 9) nationality within 7 days after the date of death (or the date of 10) mother tongue discovering that the person died).14 11) education 12) area of activity.9 Box 4 The following documents should be submitted to register a death: Box 2 • Application to register the death Section 22. Registration of birth • Identity document (e.g., identity card, Estonian or foreign passport) (1) The following data shall be entered in the population of the deceased person register upon registration of a birth: • Medical death certificate; 1) name, sex, date of birth, personal identification code, • Identity document of the applicant.15 place of birth and citizenship of the child 2) personal identification code of the mother 3) personal identification code of the father The VS office must then register the death with- 4) right of custody.10 in 3 working days after receipt of a corresponding application.16 Death Box 5 According to Estonian law, a person is considered dead The following data shall be entered in the population register for if it has been established that all brain function or cir- registration of death: culation has ceased completely and irrevocably.11 It is • name and personal identification code of the deceased person • place and time of death • place where the deceased person was found if place of death is Box 3 unknown • place of burial The Establishment of Cause of Death Act provides that: • changes in right of custody due to the death 1) The death of a person who dies in the course of provision • termination of marriage of independent nursing care shall be established by a • name and personal identification code of person submitting the nurse or a doctor; application for registration of death.17 2) The death of a person who dies at a hospital shall be established by an attending physician or a doctor on call; 3) The death of a person who dies outside of a hospital shall be established by a doctor or head of an ambulance crew; and Fetal Death 4) The death of a serviceman killed in an international military Estonian CRVS law provides that the birth of a stillborn operation shall be established by the doctor belonging into the composition of the defense forces unit participating in child should not be registered pursuant to the proce- the military operation or in the case of lack thereof by the dure provided for the registration of birth.18 It also pro- doctor of military unit. vides that the death of a stillborn child must be certified Analysis of Laws on CRVS Systems 19 using a medical death certificate, not a death certificate but within 3 months of the submission date, but a VS (which shall not be issued to a stillborn child).19 official, with a good reason, may reduce this period or Therefore, fetal death is not subject to registra- extend it for up to 6 months.27 tion of death in Estonia. Box 6 Along with an application for marriage, the following documents should be submitted. Marriage In Estonia, a marriage is contracted between a man • documents certifying the births of both prospective spouses • in the case of a second or subsequent marriage, a document and a woman.20 Only adults may marry, but a court showing that the previous marriage may grant a minor who is 15 years or older the exten- • has been terminated or annulled • a court ruling regarding the extension of the active legal capacity sion of active legal capacity for doing actions required of a prospective spouse who is a to contract marriage and for exercising the rights and • minor carrying out the obligations related to marriage.21 A • a document certifying the elimination of other barrier to the marriage marriage should not be contracted between relatives in • a certificate of legal capacity to marry if a prospective spouse’s the ascending and descending lines or between brothers residence is in a foreign state or if • he or she has resided in Estonia less than 6 months and sisters or half-brothers and half-sisters.22 • in case of foreigners, a document certifying a legal basis for the Persons who wish to marry should submit in stay in Estonia.28 person a joint written application for marriage at the VS office where they wish to marry or to a minister of religion authorized to perform the marriage.23 In the Divorce application, prospective spouses should express their According to the Estonian CRVS law, a marriage wish to marry and confirm that there are no circum- may be legally ended if a spouse dies or the couple is stances preventing them from doing so.24 divorced.29 The following information should be includ- To divorce, the spouses must personally submit a ed in an application for marriage: whether the couple joint written application to a VS office.30 The VS office, wish to keep their current surnames or choose new except for a notary,31 can grant a divorce upon agree- surnames; whether a previous marriage has been ter- ment of the spouses on the basis of the joint written minated and the basis of termination; the desired time application if the spouses entered into, under Coun- to contract marriage; whether the prospective spous- cil Regulation (EU) No 1259/2010 implementing es wish their proprietary relationship to be subject to enhanced cooperation in the area of the law applica- joint property, the set-off of assets increment or sep- ble to divorce and legal separation, an agreement on arateness of property regulation deriving from the governing law under which Estonian law applies to the Family Law Act; the number of times the marriage to divorce or both spouses reside in Estonia and Estonian be contracted; the names and personal identification law applies to the divorce).32 If one of the spouses can- codes of any children of the prospective spouses; infor- not appear, for a good reason, at the VS office in person mation on cohabitation preceding marriage; and the to submit an application for divorce, he or she may sub- number of children to be living with them after they mit a separate notarized application.33 are married.25 If the spouses disagree about the divorce or the The date of marriage should be determined upon circumstances relating to the divorce (or if a VS office agreement between the prospective spouses.26 A mar- or a notary is not authorized to grant the divorce), a riage should be performed at least 1 month after sub- court may grant the divorce by judgement based on an mission of the application for marriage to a VS office action of one spouse against the other.34 20 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Box 7 Box 8 Regarding application for divorce, the CRVS law provides that: Section 2. Prohibition on consanguineous marriage (1) In the application, the spouses shall express their wish to (1) A marriage shall not be contracted: divorce and confirm that they have no disputes about the 1) between relatives in the ascending and descending lines; circumstances relating to the divorce. The application shall 2) between brothers and sisters or half-brothers and half- also contain the—time and place of the marriage being sisters. dissolved; (2) The provisions of subsection (1) of this section apply even if • time and place of the marriage being dissolved; the family relationship between the persons has terminated • surname after the divorce (if a spouse wishes to restore as a result of adoption of one person. the surname which was borne before the Section 3. Prohibition on marriage in case of adoption • marriage being dissolved or the surname which was relationship borne the first marriage) A marriage shall not be contracted between persons whose • the number of times the marriage was dissolved family relationship specified in subsection • the number of joint children 2(1) of this act is based on adoption. (2) A document certifying the contraction of the marriage shall Section 4. Prohibition on several simultaneous marriages be appended to the application for divorce.35 A marriage shall not be conducted between persons of whom at least one is already married. Section 7. Procedure for marriage (2) A marriage is performed provided that prospective A divorce can be granted 1 month after submis- spouses express their will to marry before a vital statistics official are both present. sion of the application but within 3 months from the (3) The vital statistics official confirming the marriage shall submission date.36 The VS official should determine the ask both prospective spouses whether they want to date of divorce in consultation with both spouses.37 If contract marriage with the other party. A declaration of intention to contract marriage shall be unconditional. a spouse cannot appear at the VS office for submission (4) If both prospective spouses answer yes, the vital of a joint application for divorce for a good reason and statistics official shall declare that, as of that moment, the parties are legal spouses. submits a separate notarized application, the date of di- vorce should be determined in consultation with the spouse who submitted the application to the office.38 An annulment must be registered in the popu- lation register according to the Vital Statistics Registra- tion Act.41 Annulment A court can annul a marriage if a requirement for mar- Judicial Separation rying age or active legal capacity has been violated; the The Estonian CRVS law does not recognize and pro- marriage is prohibited pursuant to sections 2–4 of the vide for judicial separation. Vital Statistics Registration Act; the formal require- ments provided in subsections 7(2)-(4) of the Vital Statistics Registration Act have been violated; at least Adoption one spouse had a temporary mental disorder or was In Estonia, adoption is permitted if it is in the inter- unable to exercise his or her will for any other reason at ests of the child and there is reason to believe that a the time of the marriage; the marriage was fraudulent parent-child relationship will be created between the or was conducted under threat or threat of violence; adoptive parents and the child.42 the marriage was conducted with other intentions (in Only minors can be adopted,43 and a single per- particular, with an aim to obtain a residence permit son or married persons may adopt a child.44 A child can of Estonia); or the spouses are of the same sex because be adopted only with the consent of his or her parents of sex reassignment during marriage.39 An action for (if applicable, the consent of a guardian), and the con- annulment cannot be filed if a spouse has concealed his sent of a child is also required for adoption if he or she or her financial status.40 is 10 years old or older.45 Analysis of Laws on CRVS Systems 21 According to the CRVS Law, a person should be register. Once a person has been entered in the popula- 25 years or older to become an adoptive parent, but a tion register as the father of the child, noncompliance court may allow a person aged 18 or older to adopt if he with the requirements for application for acknowledge- or she adopts his or her spouse’s child or if there is any ment under the CRVS law may no longer invalidate other good reason for adoption.46 acknowledgement of paternity.54 Although the Family Law Act does not expressly If no man has been established as the father of provide for registration of adoption, the Vital Statistics a child pursuant to the relevant statutory provisions, Registration Act requires that a VS office register adop- the court must establish paternity.55 A court should tion-related matters in the population register.47 establish filiation from the father on the basis of cir- cumstances leading to the presumption that the child descends from the person.An application for acknowl- Legitimation edgement of paternity and the consent required for ac- There are no provisions in the CRVS law that establish knowledgement of paternity should be submitted to a legal grounds for the registration of legitimation. VS office to verify.56 The Family Law Act provides that mutual rights and obligations of parents and children arise from filia- Box 9 tion relationship ascertained in accordance with proce- If paternity is acknowledged after the registration of the birth of a If paternity is acknowledged after registration of the birth of a dures provided by law.48 This may serve as substantive child, the following data shall be submitted in the application for grounds for legitimation but, without further statuto- acknowledgement of paternity and grant of consent to acknowledge ry provisions, may not serve as procedural grounds for in addition to the data specified in subsection 9(5) of the Vital Statistics Registration Act: registration of legitimation. • name, personal identification code, and citizenship of the child • name and personal identification code of the mother of the child • changes in a parent’s right of custody.57 Recognition In Estonia, a woman who gives birth to a child is the mother of the child, and the father by whom a child Ethiopia is conceived is the father of the child.49 A man who is married to the mother of a child at the time of the birth The United Nations recommends that countries col- of the child, who has acknowledged his paternity, or lect and register information on births, marriages, whose paternity a court has established is deemed to be divorces, and deaths (including fetal deaths) and may the father of the child.50 include annulments, judicial separation, adoptions, Paternity can be acknowledged only if filiation and acknowledgements (legitimation and recogni- of the child from the father has not been ascertained tion). As such, the CRVS law is the main statutory on the basis provided by law.51 Conditional or tem- instrument for the prioritized vital events. For those porary acknowledgement of paternity is invalid un- nonprioritized vital events, other statutory instru- der the Estonian CRVS law.52 Consent of the moth- ments must be examined. In considering Ethiopia’s er of the child is required for acknowledgement of CRVS law, the scope of application (Article 3) must be paternity; such consent shall not be conditional or defined, and the organizational structure and designa- temporary.53 tion of responsibilities for CR (Articles 4–9), register When acknowledgement of paternity is success- of civil status (Articles 10–16), procedures of registra- fully established pursuant to the CRVS law, the father tion (Articles 17–23), copies and certificate of regis- of the child is registered as father in the population tration of vital events (Articles 45–48), accessibility of 22 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems information (Articles 63–64), handling and safeguard- Organizational Structure and Designation of ing of information (Article 65), and penalties (Article Responsibilities for CR 66) must be addressed. The reason for addressing these The Federal Vital Events Registration Agency (FVERA) topics before the prioritized vital events (birth, death, is responsible for directing, coordinating, and support- fetal death, marriage, divorce) is that all provisions for ing registration at the national level and for centrally these topics in the CVRS law are applicable to the pri- organizing and keeping the records of vital events.60 oritized vital events and the overriding principles and At the regional level, the responsibilities are similar to other characteristics associated with a national CR law those at the federal level, with the exception that reg- (Table 13). istration and the support for registration occurs at the regional level to which, the records are to be transferred Scope of Application (Article 3) to FVERA.61 The regional organs must assign a civil Box 10 status officer to each administrative office (weredas and This Proclamation shall apply: kebeles).62 • to any Ethiopian58 with respect to registration of vital events; and To account for Ethiopians residing abroad or on • to any Ethiopian who has attained majority with respect to the board Ethiopian ships, the administrative office is the issuance of national identity card. Ethiopian embassy or consulate in the country of resi- dence or the Ethiopian ship.63 For embassies and con- The CRVS law stipulates that application of this law sulates, the ambassador must assign a civil status officer pertains to any Ethiopian. To define “any Ethiopian”, to the head of the consulate or an embassy staff mem- a Proclamation on Ethiopian Nationality (National- ber.64 On a ship, the captain is the civil status officer.65 ity Law; No. 378/2003) must be read in conjunction Because registration occurs in the weredas and with the CRVS law to define the scope of applica- kebeles, these administrative offices consist of civil sta- tion. According to Article 3 of the Nationality Law, tus officers. These officers are responsible for registering an Ethiopian national is a person with at least one vital events, providing copies of records to the relevant parent of Ethiopian descent. The Nationality Law organs, issuing certificates of registration to the con- stipulates that any infant who has been abandoned cerned individuals, preserving records and ensuring in Ethiopia, unless evidentiary proof can be pro- confidentiality, creating awareness of vital events regis- vided that the infant is of foreign nationality, will be tration, and executing other functions that the appro- deemed to be born to an Ethiopian parent and thus priate regional organ delegates to them.66 The practical acquire Ethiopian nationality.59 As such, the scope functions of vital registration in Ethiopia occur in dis- of the current CRVS law includes only persons who tricts and municipalities. are of Ethiopian descent or infants who have been The organizational structure for civil registra- abandoned at birth. tion (CR) provides for a centralized and decentralized Although operating principle (3) (Table 13) of system wherein the centralized agency (FVERA) has the Principles and Recommendations is fulfilled with- responsibility for directing, coordinating, and moni- in the CRVS law, the scope of application is limited toring national CR work. The decentralized system is to “any Ethiopian.” When read in conjunction with demonstrated through regional zones, weredas, and ke- the Nationality Law, it can be seen that the CRVS law beles. Specific works of CR are delegated to the weredas does not cover foreign nationals, foreign permanent and kebeles, and the duties of the civil officer (local civil residents, or migrant workers, although there are ex- registrar) are fully provided for.67 ceptions that will be addressed when discussing specific Thus, provisions in the CRVS law are in adher- vital events. ence with overriding principles (2), (4), and (5) and Analysis of Laws on CRVS Systems 23 Figure 1. Federal and regional vital events registration agencies, Ethiopiaa Federal and Regional Vital Events Registration Agencies, Ethiopia Regional Vital Events Council National Vital Events Registration Council Others, Registering Events • Ministry of Foreign Affairs Regional Vital Events • Ministry of Defence Registration Board of • Ethiopian Shipping Lines National Vital Events Registration Director General, Regional Vital Board of Management Events Registration Agency Director General, Federal Vital Events Zone 1 Vital Events Zone… Vital Events Registration Agency Registration Office Registration Office Wereda A Wereda B Wereda A Wereda B Civil Status Office Civil Status Office Civil Status Office Civil Status Office Kebele A Kebele A Kebele A Kebele A Civil Status Office Civil Status Office Civil Status Office Civil Status Office Kebele B Kebele B Kebele B Kebele B Civil Status Office Civil Status Office Civil Status Office Civil Status Office Source: unstats.un.orgb a Figures 1 and 2 show the authorities involved with registration of vital events in Ethiopia. b https://unstats.un.org/unsd/demographic/meetings/wshops/Ethiopia/2014/docs/Session10-Ethiopia.pptx. Addis Ababa comprises six zones and 28 weredas (districts). The city is divided into 328 dwelling associations or municipalities (kebeles), of which 305 are urban and 23 rural. See http://www.ethiopia.gov.et/stateaddisababa for definitions. Figure 2. Proposed work flow of birth registration from kebele to federal level Proposed Work Flow of Birth Registration from Kebele to Federal Level Others, Registering Events Federal Vital Events Registration Agency Central Statistical Agency • Ministry of Foreign Affairs • Ministry of Defence • Ethiopian Shipping Lines Regional Vital Events Registration Office Zone Vital Events Registration Office Wereda Vital Events Registration Office Issuing Certificates Kebele Civil Status Office Birth Occurred Death Occurred Marriage Occurred Divorce Occurred • Home • Home • Home • Home • Health Facility • Health Facility • Health Facility • Health Facility Source: unstats.un.orga a Ibid. 24 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems other characteristics of a civil registration law (1), (8), hard copies (on paper). Only at the federal level (cen- (10), and (11) (Table 13). tralized) is there mention of a computerized database for storage of records.72 Register of Civil Status For individuals, copies of registration records are Procedures for Registration legal documents for identity, origin, date of birth, The purpose for which the vital events information is marriage, and death. Registration records also pro- to be used is expressly defined in the CRVS law. The vide information on vital events and serve important CRVS law mandates that the informant of a vital event administrative and statistical purposes. The CRVS appear in person for registration, and upon registra- law requires a separate register for each vital event tion, it is the duty of the civil status officer to confirm and that the register be bound, ensures the perma- with the informant the information as it appears in the nence of the record, provides a means for labeling the register.73 vital event and the place of registration, and provides The period for registration of any vital event, for the official language of the register in the region other than birth, which is 90 days, is 30 days from the and in Amharic.68 date on which the event occurred, although there is The registration form must be a three-page de- a provision for delayed registration (with evidentiary tachable form for each vital event, with copies sent to proof to justify delay).74 the concerned agencies and an index listing the events A three-page detachable form provided for each registered in chronological order; each publication vital event must be completed in writing. If a mistake is of each civil status register will be given an exclusive made filling out the form, the mistake must be canceled code.69 using two diagonal lines across the form and a state- The regional agencies are responsible for prepar- ment written on the back of the form with a mistake ing registers, in conjunction with VERA, and sending that the form is not in use.75 them to all administrative office in Ethiopia. VERA is If the interested party requests that the form responsible for preparing and distributing the registers be corrected because of a clerical mistake (a word that embassies and consulates, Ethiopian ships, and the or number), the original word or number should be Ministry of National Defense will use.70 crossed out but left legible. If anything other than a The administrative offices must safeguard these clerical mistake needs to be corrected, a court judg- registers, which must not be removed from the site un- ment is necessary to change the record or to create a less the civil officer has authorized it. If the register is new record. The court judgment must be referenced lost, destroyed, or damaged, the civil officer must re- in either of the circumstances for correction—change compile it using copies of the registration forms that of the record or creation of a new record.76 have been provided to the concerned authority (which Once the declarant has completed the registra- may be the federal, regional, or zonal offices).71 tion, he or she must sign it to validate the informa- The overriding principles of a CRVS system for tion. In the event that the declarant who is to confirm the civil status register are continuity and permanence. the information in the register cannot provide a sig- In addition, the form and content of the registration nature, an affixation of the declarant’s fingerprint will form and how it is to be bound and copies distribut- suffice as validation of the registration.77 ed are laid out in the Principles and Recommendations Ethiopia’s CRVS law is consistent with the (2014). As such, the current CRVS law is in accordance Principles and Recommendations, namely, overriding with other characteristics of a civil registration law principle (1) and other characteristics of a civil regis- (8)-(10) (Table 13). At the regional level, all records are tration law (4), (6), (7), (12) and (13) (Table 13). Analysis of Laws on CRVS Systems 25 Accessibility of Information Birth At the federal agency level, the information that has Birth is the complete expulsion or extraction from its been registered for vital events must be stored in a cen- mother of a product of conception, irrespective of the tral database and provided only for purposes autho- duration of pregnancy, which after such separation, rized in the CRVS law. In addition, information about breathes or shows any other evidence of life, such as an individual, by any person other than the indi- beating of the heart, pulsation of the umbilical cord, vidual, cannot be disclosed unless consent has been or definite movement of voluntary muscles, whether obtained by the individual or the court and a service or not the umbilical cord has been cut or the placenta fee is paid.78 is attached; each product of such a birth is considered The CRVS law fulfills the criteria of overriding live born. (All live-born infants should be registered principles (3) and (5), in addition to accounting for and counted as such, irrespective of gestational age or other characteristics of a civil registration law, such as whether alive or dead at the time of registration, and (10) and (11). if they die at any time after birth they should also be registered and counted as deaths.) Article 4(1) of the Handling and Safeguarding of Information Ethiopian 1960 Civil Code states: Provisions for handling and safeguarding information include that the information be made easily accessible, Box 11 electronic data be protected from cyber-attacks, and (1) A child shall be deemed to be viable where he lives for forty-eight hours after his birth, notwithstanding any proof to the contrary. paper documents be protected from natural disasters (2) A child shall be deemed to be not viable where he dies less than and stored in a place where the legibility of writing is forty-eight hours after his birth. (3) The presumption laid down in sub-art. (2) may be rebutted by maintained.79 proving the death of the child is due to a cause other than a The provisions in the CRVS law is in accordance deficiency in his constitution. with overriding principle (2) and other characteristics of a civil registration law (9) and (10). As previously According to the CRVS law, the information mentioned, the preparation, storage, and preservation that should be entered on the birth record includes ba- of records should ideally be computerized, but comput- sic information about the child, the parent(s), or an in- erization of records in Ethiopia is provided for only at formant to whom the declarant verifies the information the federal agency (VERA). provided with a signature or fingerprint (Article 24). Penalty In circumstances in which a vital event must be reg- Box 12 istered within a time specified in the law, noncom- Birth Records Birth records shall contain the following information: pliance with the obligation or procedures associated with the vital event is punishable by imprisonment 1) child’s full name, sex, date of birth, place of birth, type of birth (whether single or more), aid rendered during birth or a fine. The subsections in the penalty provision 2) child’s parents’ full names, dates and places of birth, principal (Article 66) describe additional circumstances that residence, marital status, citizenship, religion, ethnic origin, and are punishable offenses and the punitive measures to signatures 3. 3) if declarant is other than child’s parent, declarant’s full name, be applied. relationship to child, sex, date and place of birth, principal The obligatory nature of registration is further residence, signature 4) name and signature of civil status officer, seal of administrative solidified through the punitive measures provided for office, date of registration in the CRVS law and in accordance with other charac- 5) other necessary information as appropriate federal organ teristics of a civil registration law (14). determines 26 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems The person, institution, or government agency obligat- where not all births take place in health institutions, ed to declare the birth (Art. 26); the place where regis- information regarding assistance rendered during the tration must occur; and the closest administrative office birth is provided in the record, whereas evidentiary to the principle residence of the parent(s) (Art. 28(1)) proof of birth is limited to births at health institutions. is stipulated in the CRVS law. Furthermore, because there are children that have been For a child who has been abandoned at birth, abandoned, the information to be provided is limited the provision of information is limited to the name of to the necessary information of name (through enquiry the child, sex, estimated age, and date when the child or the responsible governmental authority providing a was found (Art. 25). For these children, the name of name for the child), sex, estimated age, and date and the child is determined through enquiry or by the civil place where the child was found. status officer providing a name (Art. 27). Any person who has knowledge that a child has been abandoned has a duty to report such condition to the police or a Death government agency (Art. 26(2)). Then, it is the duty Death is the permanent disappearance of all evidence of of the police or government agency that receives this life at any time after live birth has taken place. In reg- report to declare the birth at the nearest administrative istering a death, the person(s) obligated to declare the office within 3 days of receipt of the report (Art. 26(3)). death (Art. 39(1) & (2)) must fully provide the informa- tion for the records (Art. 38). If a death is due to an acci- Box 13 dent or unknown circumstance and the identity of the Records of Birth of Abandoned Child deceased is unknown, the duty to register the death lies The records of birth of an abandoned child shall contain: with the police who received the report and must be reg- 1) name given to child, sex, estimated age of child, and date and istered within 3 days of receipt of the report (Art. 39(3)). place where child was found Deaths should be registered at the nearest administra- 2) “abandoned child” written on the back of the registration form tive office of the principal residence of the deceased; if the identity or principle residence is unknown, deaths For births that occur in a health institution, the should be registered at the administrative office closest to head of the institution must provide a certificate that where the body was found (Art. 43(1) & (2)). contains the relevant information so that the person obligated to declare the birth can present the certificate Box 14 to the civil status officer (Art. 29). Death Records Death records shall contain the following information: If a child is born to an Ethiopian parent and a foreign national, for the purposes of the CRVS law, the 1) full name, title, sex, age, occupation, principal residence, citizenship, ethnic origin, and religion of the deceased child is deemed to be Ethiopian, and the birth must be 2) date, place, and cause of death and reference to evidence of the registered. death, if any Overriding principle (3) and other characteristics 3) name and signature of civil status officer, seal of administrative office, date of registration of a civil registration law (1) – (14) are included in the 4) other information that the appropriate federal organ deems CRVS law. With the minimum core characteristics for necessary each vital event, with the exception of minimum core characteristics specific to each vital event that should For active duty military personnel, the com- be provided for in the law (11) – (13), the information manding officer of the deceased’s unit must register the provided is in accordance with the UN Principles and death to the officer assigned by the Ministry of Nation- Recommendations. Because of the culture of Ethiopia, al Defense (Art. 40). Analysis of Laws on CRVS Systems 27 If the death occurs in a common dwelling place, The legality of the union may be established by civil, prison, or health institution, the head of the institu- religious, or other means as recognized in the laws of tion must report the death within 5 days (Arts. 41(1) each country. For registration of marriage, the infor- & (2)). Deaths that occur in these institutions must mation that must be provided is listed in Article 30 in be registered at the administrative office nearest to the the CRVS law. The person who performs the marriage institution (Art. 43(3)). is obligated to register it. If the officiant is a civil status If a health institution is involved (location of officer, he or she is responsible for registering the mar- death or body brought for examination), the head of riage immediately (Art. 31(1)). If the marriage is a reli- the health institution must prepare a death certificate gious or customary ceremony, the couple must register and provide this document to the responsible person the marriage by providing evidentiary documentation for registration of death (Art. 41(3)) as evidentiary provided by the religious institution or officiant (Arts. proof. 31(2) & 33). The Ethiopian CRVS law accounts for the fol- lowing Principles and Recommendations: overriding Box 15 principles (3), other characteristics of a civil registra- Marriage Records tion law (1) – (14), and minimum core characteristics Marriage records shall contain the following information: specific to each vital event that should be provided 1) spouses’ full names, dates and places of birth, principal for in the law (1) – (8) and (10). The core charac- residence, citizenship, ethnic origin, religion teristic of a certifier is fulfilled only when the death 2) date, place, and form of the marriage 3) spoues’ signatures occurs at a health institution, during active duty, or 4) evidence or names and principal residences of witnesses of the at a communal residence (dwelling place or prison) marriage, as the case may be because the head of the institution or the command- 5) name and signature of civil status officer, seal of administrative office, ing officer of the unit (for active duty members of the defense force) provides evidentiary proof. Mari- tal status is the only core characteristic that does not The couple must jointly decide where registra- need to be provided. tion is to occur: an administrative office where either of the spouses resided or the principal residence of the parents or close relative of either spouse (Art. 32). At Fetal Death the place of registration, the civil status officer must Fetal death is the complete expulsion or extraction from sign and write his or her name, affix the seal of the ad- the mother of a product of conception, irrespective of ministrative office, and provide the date of registration the duration of pregnancy. The fact that there is no life (Art.30(5)). (breathing, heart beat, pulsation of the umbilical cord, The CRVS law accounts for all other character- or definitive movement of voluntary muscles) is evi- istics of a civil registration (Table 13) and includes all dence of death. In Ethiopia, neither the CRVS law nor minimum core characteristics specific to each vital event any other statutory instrument related to CR includes that should be provided for in the law. Because a civil registration of this vital event. status officer or an elder can perform a marriage in a customary or religious ceremony, if the marriage occurs before a civil status officer, the officer must register the Marriage marriage, but for any other type of marriage, the parties Marriage is the act, ceremony, or process by which the must register the marriage , with the elder providing legal relationship of husband and wife is constituted. evidentiary proof through a certificate of marriage. The 28 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems spouses must also indicate religious affiliation on the Annulment marriage record. Annulment of a marriage is the invalidation or voiding of a marriage by a competent authority that confers the status of never having been married. Annulment Divorce does not need to be registered in Ethiopia and is not Divorce is the legal dissolution of a marriage—the sep- addressed in the CRVS law or any legislation pertain- aration of husband and wife that confers on the parties ing to CR, although in the Revised Family Law 2000, the right to remarry under religious and other provisions if there is a fundamental error (Art. 13) after a mar- according to the laws of each country. With respect to riage has been performed, the marriage is invalidated registration procedures, the information that must be (box 17). provided is stipulated in Article 34 of the CRVS law. Evi- dentiary proof must be provided from a competent court Box 17 for the divorce (Art. 34(3)), to both partners (Art. 37). Revised Family Law 2000 Article 13. Fundamental Error. According to Article 34(4), once the information has 1) Marriage concluded as a result of error in consent shall not be valid. been provided, the civil status officer must print his or 2) Consent is deemed to be vitiated as a result of error where such her name and sign the record, affix the seal of the admin- error is a fundamental error. 3) Without prejudice to the provisions of Sub-Article (2) of this istrative office, and indicate the date of registration. Article, the following shall be considered to be fundamental errors: (a) error on the identity of the spouse, where it is not the person Box 16 with whom a person intended to conclude marriage; Divorce Records (b) error on the state of health of the spouse who is affected Divorce records shall contain the following information: by a disease that does not heal or that can be genetically transmitted to descendants; 1) full name, date and place of birth, principal residence, citizenship, (c) error on the bodily conformation of the spouse who does not ethnic origin, and religion of each divorcing partner have the requisite sexual organs for the consummation of 2) date and place of conclusion of the marriage and date of divorce the marriage; 3) a reference to the decision of the competent court on the divorce (d) error on the behaviour of the spouse who has the habit of 4) name and signature of civil status officer, seal of administrative performing sexual acts with person of the same sex. office, date of registration 5) other information that the appropriate federal organ deems necessary The partner(s) that presents the decision by the competent court to the civil status officer must register Box 18 the divorce (Art. 35) at the administrative office nearest Article 19. Form and Time of Opposition to where the divorce occurred. 1) Opposition to marriage shall be made in writing and submitted to the officer of civil status within fifteen days from the notification The other characteristics of a civil registration law of the marriage. and minimum core characteristics specific to each vital 2) The civil status officer shall receive the opinion of the future spouses before deciding on the opposition. event that should be provided for in the law (Table 13) must be complied with. Noncore characteristics that have Article 20. Decision on the Opposition 1) The officer of civil status shall decide on the opposition within five been accounted for in the CRVS law are the ethnic or- days. igin and religious affiliation of the partners. Divorce is 2) The decision of the officer to celebrate the marriage shall be the only vital event for which evidentiary proof, through final. 3) Where the opposition is sustained, the officer of civil status shall a decision of the competent court, must be provided, refuse to celebrate the marriage. which means that divorce occurs only with a decision of 4) In such case, the civil status officer shall give reasons for his refusal and inform the same forthwith to the future spouses. the court. Analysis of Laws on CRVS Systems 29 In such case, the offended spouse submits a peti- Ethiopia is provided for in the Revised Family Code 2000, tion, in writing, to the civil status officer. The petition there are no procedures for the registration of adoptions. is to be submitted 15 days from the date of notification An adoption in Ethiopia becomes effective only after the and opinions are requested from the spouses before de- court’s approval of the adoption agreement.85 ciding to invalidate a marriage.80 The decision of the civil status officer is to be made within 5 days, and he or Box 20 she will inform the spouses as to the reason(s) for per- Article 194. Power of the Court. 1) An agreement of adoption shall be of no effect unless it is mitting the annulment. The officer’s decision is final.81 approved by the court. Judicial Separation Legitimation Judicial separation is the dissolution of marriage with- Acknowledgement (legitimation) is the formal invest- out conferring a right to remarry on either party. The ing of a person with the status and rights of a person Ethiopian Revised Family Law 2000 does not specifi- born in wedlock, according to the laws of each country. cally mention judicial separation, but there are circum- The Constitution of the Federal Democratic Republic stances in which the court could order judicial separa- of Ethiopia (Constitution) provides the basis that all tion if the spouse(s) petition the court for divorce.82 If Ethiopians are conferred with the rights and status of there is no willingness by the parties to renounce the Ethiopians.86 As such, specifically for birth, legitima- intention for divorce, the court can dismiss the par- tion occurs when the parent(s) register the child accord- ties petition for a period of not more than 3 months.83 ing to the CRVS law. Although, there are no express After this 3-month period is completed, the parties terms in the CRVS that provide for legitimation, it can may reapply to the court for divorce within 6 months.84 be stated that the application of the CRVS laws fulfill the requirements for legitimation. Box 19 Article 76. Conditions of Decision for Divorce. Marriage shall dissolve by divorce where: Recognition (b) the spouses or one of them made a petition, for divorce, to the Recognition is the voluntary or compulsory legal court. acknowledgement of the paternity of a child born out Article 78. Power of the Court. of wedlock.87 For the purpose of registration, the pre- 2) In the event that the spouses did not show willingness to renounce their intention to divorce, the court may, having regard sumption and acknowledgement of paternity is pro- to circumstances, dismiss them, giving a cooling period of not vided for in the Revised Family Law 2000 (Arts. 126– more than three months. 142). Judicial declaration of paternity (recognition) Article 79. Re-application. (Arts. 143–145) is provided for in the Revised Family 1) Where the spouses did not change their intention to divorce Law 2000. Once recognition is provided for through within the cooling period given to them under Article 78 (2), they may re-apply to the court to approve their agreement to divorce the presumption, acknowledgement, or judicial recog- within six months from the last date of such cooling period. nition of paternity, the provisions for the registration of birth in the CRVS law applies, although applica- tion of the law would be limited to live births. Adoption Although the CRVS law does not expressly pro- Adoption is the legal and voluntary taking and treating vide for recognition, the presumption is that recogni- of the child of other parents as one’s own, in so far as pro- tion could be deemed as a supplement to be included vided by the laws of each country. Although adoption in in the vital events registration system. 30 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Vietnam nature of the law, states that the law applies to foreign permanent residents as well. Births to foreign perma- Birth nent residents are covered and must be registered under The Vietnamese Law on Civil Status has provisions that this law, seemingly making this law applicable to all, make birth registration continuous, permanent, com- but although foreign permanent residents are specifical- pulsory, and universal, but confidentiality of the CR ly mentioned, other types of noncitizens such as undoc- system is not factored in the law. umented migrants are excluded. Registration of births The Vietnamese CR system should continuous- to Vietnamese nationals abroad requires special atten- ly add new records and make amendments to existing tion and consideration because it takes place out of the records as events occur, thereby maintaining its con- state’s jurisdiction, yet the baby is still Vietnamese, and tinuousness. In the Law on Civil Status, once a record the government has a duty to protect the child. The has been registered in the civil status book, every sub- Law on Civil Status has a separate provision for births sequent event shall be updated in the electronic data- occurring abroad and a designated representative mis- base,88 making the CR record continuous. sion for registration of such overseas birth.90 The law vested representative missions with the duty to register Box 21 civil status matters, including births, for Vietnamese Article 5. Principles of civil status registration citizens residing abroad. 5. Once having been registered in the civil status book, every civil status event shall be fully and promptly updated in the electronic civil status database. Box 23 Article 7. Competence to register civil status 3. Representative missions shall register civil status matters specified Everyone permanently residing in Vietnam has in Article 3 of this Law for Vietnamese citizens residing abroad. the obligation to register civil status and the right to have their status registered.89 The same provision ap- Box 24 plies to Vietnamese citizens, stateless persons, and for- Article 13. Competence to make birth registration Commune-level People’s Committees of the places of residence of eign citizens permanently residing in Vietnam, making fathers or mothers shall make birth registration. birth registration universal. A provision stating that commune- and district-level coverage co-exist to cover As a general rule, births are registered where all registration in different localities is evidence of the they take place or in the usual residence of the mother. universality of the birth registration. Vietnamese law follows the rule with having the usual residence as the registration place without designating Box 22 which parent, thus the place of registration may be the Article 6. Civil status registration right and obligation of individuals 1. Vietnamese citizens and stateless persons permanently residing government office of the place of residence of the father in Vietnam have the civil status registration right and obligation. This or mother.91 provision also applies to foreign citizens permanently residing in Vietnam, unless otherwise provided by a treaty to which Vietnam is a Any individual may file for any civil status reg- contracting party. istration, including birth, at the civil status registration agency in the registered place of residence or the actual When considering whether every birth occur- place of living.92 Depending on whether it is the father ring in the country is registered irrespective of the cit- or the mother who files for the registration of the baby’s izenship of parents, the Law on Civil Status provides birth, the birth should be registered at the registration guidance with partial coverage, leaving some people agency in the place of residence or place of living of the out. Article 6–1, the provision showing the compulsory registering parent. Analysis of Laws on CRVS Systems 31 Box 25 usually registers the child’s birth if the parents are not 4. Every civil status event shall be registered at only one competent available, and this takes place with the justice and civil civil status registration agency in accordance with this Law. An status officer.94 When birth registration is completed, individual may make civil status registration at the civil status registration agency in his/her registered place of permanent or the chairperson of the commune-level people’s com- temporary residence or the place where he/she is living. For an mittee issues a birth certificate.95 individual who does not register in his/her place of permanent residence, the district-level People’s Committee, commune-level People’s Committee or representative mission which has registered Box 27 such individual’s civil status shall notify the civil status registration to Article 16. Birth registration procedures the commune-level People’s Committee of the place where he/she 2. … Justice and civil status officers and birth registrants shall permanently resides. together sign in the civil status books. Chairpersons of commune- level People’s Committees shall grant birth certificates to birth registrants. The law also specifies special circumstances, including that, when one or both parents are foreign- Parents or, if they are not available, other fam- ers, stateless persons, or Vietnamese citizens resid- ily members are obliged to register the baby’s birth.96 ing abroad, the birth must be registered at the dis- Full name, sex, date of birth, native place, ethnicity, trict-level people’s committee of place of residence of and citizenship information must be included when either parent.93 Although those special scenarios are registering.97 provided for in the law, other similarly rare cases, such as birth occurring in a moving vehicle and fetal death, Box 28 are not. Article 14. Birth registration contents 1. Birth registration contents include: Box 26 a. Information of the person whose birth is registered: family name, middle name and first name; sex; birthdate; Article 35. Competence to register birth birthplace; native place; ethnicity; and citizenship; District-level people’s committees of places of residence of fathers or b. Information of the parents of the person whose birth is mothers shall register birth for children in the following cases: registered: full name, middle name and first name; year of 1) Children born in Vietnam: birth; ethnicity; citizenship; and place of residence; a. Having a parent being a Vietnamese citizen and the other c. The personal identification number of the person whose birth is being a foreigner or a stateless person; registered. b. Having a parent being a Vietnamese citizen residing in the 2. The determination of citizenship, ethnicity and family name of a country and the other being a Vietnamese citizen residing person whose birth is registered must comply with the law on abroad; Vietnamese nationality and civil law. c. Having both parents being Vietnamese citizens residing 3. Contents of birth registration specified in Clause 1 of this Article abroad; are basic civil status information of individuals and shall be d. Having both parents being foreigners or stateless persons. recorded in the civil status books and birth certificates and 2) Children born abroad with their birth not yet registered abroad updated in the electronic civil status database and national and taken to reside in Vietnam: population database. Dossiers and papers of individuals related a. Having both parents being Vietnamese citizens; to birth registration information must be consistent with their b. Having a parent being a Vietnamese citizen. birth registration contents. The Government shall stipulate the grant of personal identification numbers to persons whose birth is registered. How births are registered and birth certificates are issued when a baby is born at a health facility or at Such registration must be filed within 60 days home are also important aspects of registering births from birth,98 or the registrant may be subject to fees.99 because the rules on registration specify the person responsible for notifying the civil registrar. Under the Box 29 Law on Civil Status, there is no difference in the pro- Article 11. Civil status fees cedure for reporting and registering a birth for a home 1. Civil status fees shall be exempted in the following cases: birth and a health facility birth. A close family member b. Birth and death registration on time, … 32 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Veracity of CR is critical in CRVS laws. If a birth people’s committee of the last place of residence.106 When is registered with false information, the registrant may someone who had taken up residence in Vietnam dies, be subject to administrative penalties or penal liabili- the death should be registered with the commune-level ty,100 and the civil servants may be disciplined.101 people’s committee of the last place of residence. Box 30 Box 32 Article 12. Prohibited acts Article 51. Competence to register death a. Providing untruthful information and documents, forging or using 1. District-level people’s committee of the last place of residence forged papers or papers of other persons for civil status registration; of deceased persons shall register death for foreigners or 3. Individuals who commit any act specified in Clause 1 of this Article Vietnamese citizens residing abroad who die in Vietnam. shall, depending on the nature and seriousness of their acts, be 2. In case it is impossible to identify the last place of residence of administratively handled or examined for penal liability in accordance a deceased person as prescribed in Clause 1 of this Article, the with law. district-level People’s Committee of the place where such person Cadres or civil servants who commit the provisions of Clause 1 of this dies or his/her body is found shall register his/her death. Article shall, in addition to being handled as above, be disciplined in accordance with the law on cadres and civil servants. When a death is registered, the law specifies only that declarations and death notices must be filed within 15 days of death. If registration is late, a fee is charged. Death If a death registration is filed with false information, the Similar to birth registration, death registration must informant may be subject to administrative penalties or be continuous, permanent, compulsory, universal, and penal liability,107 and civil servants may be disciplined. confidential. In the Vietnamese Civil Status Law, death Death registration must be filed with declarations that registration is continuous, compulsory, and universal, were made in a standard form provided by the govern- but still lacks confidentiality provisions. By mandating ment agency.108 records be updated electronically,102 the law guarantees that registration of death is continuous and permanent. Box 33 Registering death is an obligation for all citizens and res- Article 34. Death registration procedures idents,103 thus meeting the compulsory requirements. 1. Persons responsible for death registration shall submit Like birth registration, deaths can be registered at the declarations, made according to a set form, and death notices or other substitute papers to the civil status registration agency. commune-level people’s committee or a district-level committee, depending on the circumstances, satisfying the universality requirement. The Law on Civil Status also requires that deaths of for- Fetal Death eign permanent residents104 and foreigners105 be registered. There is no provision for registration of fetal death in the Vietnamese Law on Civil Status. Box 31 Article 6. Civil status registration right and obligation of individuals 1. Vietnamese citizens and stateless persons permanently residing Marriage in Vietnam have the civil status registration right and obligation. This Under the Vietnamese Law on Marriage and Family provision also applies to foreign citizens permanently residing in Vietnam, unless otherwise provided by a treaty to which Vietnam is a and the Law on Civil Status, only one type of marriage contracting party. is specified and legally recognized—between a man and a woman—with no same-sex marriage recognized When a Vietnamese national dies abroad, the re- under the law. The newly enacted Law on Marriage and cord of death is transmitted into Vietnam for registra- Family abolished the ban on same-sex marriage, yet tion. Deaths should be registered with the district-level the new law neither legally recognizes nor authorizes Analysis of Laws on CRVS Systems 33 same-sex marriage or any other legal relationship, The only document required to submit for mar- such as civil union, between same-sex couples, leaving riage registration is the marriage registration declara- same-sex couples unprotected. The only type of mar- tion.112 Unlike in western countries, where a marriage riage that has legal effect under Vietnamese law is one license is generally required to register a marriage, Viet- registered at the civil status registration agency at the namese law simplifies the process from the two-step commune-level people’s committee.109 process of obtaining a license and then registering mar- riage once it has been performed to a process in which Box 34 the marriage needs only to be registered at the civil of- Article 17. Competence to register marriage and contents of fice. Upon registration of the marriage at the civil of- marriage certificates fice, the couple is awarded a marriage certificate, which 1. Commune-level people’s committees of the place of residence of the male or female partner shall make marriage registration. lists family name, middle name, first name, birth date, ethnicity, citizenship, place of residence, information about personal identity papers, date of marriage reg- Box 35 istration, signatures or fingerprints of the couple, and Article 18. Marriage registration procedures 1. The male and female partners shall submit the marriage certification from the civil status registration agency. registration declaration, made according to a set form to the civil Information to be collected at the time of the marriage, status registration agency, and must be both present at the time although divided into core and noncore group in the of marriage registration. 2. Immediately after receiving complete papers specified in Clause UN Principles and Recommendations for Civil Reg- 1 of this Article, if seeing that the marriage conditions are fully istration Law, is not divided in the Vietnamese legal met in accordance with the Law on Marriage and Family, the justice and civil status officer shall record the marriage in the civil system. When registering, a standard form of marriage status book and together with the male and female partners sign declaration is used. The information transferred from in the civil status book. The male and female partners shall both the standard form is registered in the Civil Book and sign the marriage certificate; the justice and civil status officer shall report to the chairperson of the commune-level people’s an electronic database. When modification or anno- committee to organize the handover of the marriage certificate to tation of the registration record is needed (e.g., name the couple. In case of necessity to verify the marriage conditions of the male and female partners, the time limit for settlement is 5 change, error, disputed entry), the State agency can working days. make corrections.113 To request a change in the regis- tration record, a declaration should be submitted with The matter of the time allowed for registering the changes that need to be made, and other necessary marriage stands out in Vietnamese law, because offici- documentary evidence should be included.114 ating and registering a marriage may be a two-step pro- cess in other countries while in Vietnam, registration Box 36 of marriage itself constitutes legal marriage, thus no Article 28. Procedures for registration of civil status change and separate time period is provided for registration. Where correction 1. Requesters for registration of civil status change or correction a marriage registration should be filed depends on the shall submit declarations, made according to a set form, and place of residence of the bride or the groom, which may relevant papers to the civil status registration agency. be decided between the couple.110 The Law on Marriage and Family and the Law For Vietnamese couples (or if one partner is Viet- on Civil Status do not account for special circumstanc- namese) residing and marrying overseas, the marriage es such as for refugees, undocumented migrants, inter- must be registered through the representative mission, nally displaced persons, stateless persons, and nomadic as in the case of birth and death.115 When Vietnamese populations. Instead, the Law on Civil Status applies citizens residing in Vietnam register a marriage, no fee generally to all permanent residents of Vietnam.111 is charged,116 but there is no mention of whether foreign 34 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems nationals residing in Vietnam or Vietnamese citizens the law om the Law on Civil Status. The Principles and residing abroad are subject to any fees for registration. Recommendations for a Vital Statistics System provide The Law on Marriage and Family sets out the that, when the divorce occurs at a place other than the minimum age of marriage as 20 for men and 18 for place of marriage registration and the divorce is to be women.117 registered where it occurs, provision should be made for notifying the original place of marriage registration Box 37 about those changes so that complementary notations Article 8. Conditions for getting married can be made in the marriage record. Apparently, regis- 1. A man and a woman wishing to marry each other must satisfy tering divorce is considered as important as registering the following conditions: a. The man is full 20 years or older, the woman is full 18 years marriage, and such treatment is proper because divorce or older is inherently intertwined with marriage. When com- pared with the Principles and Recommendations for a Vital Statistics System and the importance of divorce Divorce registration in it, the laws of Vietnam has less provi- In the Law on Civil Status, like birth, death, and mar- sions on registering divorce. riage, an explicit section is provided mandating regis- tration of divorce in one’s civil status.118 Annulment Box 38 There is a single provision on annulment registration Article 3. Contents of civil status registration (cancellation of illegal marriage) in the Vietnamese Law 2. Recording in the civil status book civil status changes of an on Civil Status, treated with the divorce registration. individual according to a judgment or decision of a competent state agency: The Law on Marriage and Family provides grounds for dd. Divorce, cancellation of illegal marriage, recognition of marriage; annulment, stating that a person forced or deceived into a marriage has the right to request that a court annul The Law on Marriage and Family prohibits any- the marriage.120 As for registration of such annulment, one from marrying a married person who is not di- vorced (or widowed) and registered accordingly.119 Box 40 Box 39 Article 11. Handling of illegal marriage Article 10. Persons having the right to request annulment of illegal 1. A court shall handle illegal marriage in accordance with this law marriage and the civil procedure law. 2. The following persons, agencies and organizations have, as 2. In case at the time of a court’s settlement of a request for prescribed by the civil procedure law, the right to request a court annulment of an illegal marriage, both partners fully satisfy to annul an illegal marriage due to violation of Point a, c or d, the marriage conditions prescribed in Article 8 of this law and Clause 1, Article 8 of this Law; request recognition of their marriage relation, the court shall a. The spouse of a married person who marries another recognize that relation. In this case, the marriage relation shall be person; parent, child, guardian or another at law established from the time both partners fully satisfy the marriage representative of a person who gets married illegally; conditions as prescribed by this Law. 3. A court’s decision annulling an illegal marriage or recognizing a marriage relation shall be sent to the agency having registered Divorce must be registered on the individual’s that marriage for recording in the civil status register; to the two civil status record by the civil status registration office. partners of the illegal marriage; and to related persons, agencies, and organizations as prescribed by the civil procedure law. Although the Law on Civil Status has a separate 4. The Supreme People’s Court shall assume the prime responsibility provision on registering divorce, divorce registration is for and coordinate with the Supreme People’s Procuracy and the Ministry of Justice in guiding this article. not weighed heavy enough to have a separate section in Analysis of Laws on CRVS Systems 35 the deciding court sends the decision to the agency that Having adoptive parents as the parents means changes registered the marriage.121 of civil status, thus such change must be registered. Box 43 Judicial Separation Article 13. Right to birth registration and nationality There is no legal definition, recognition, or registration Children have the right to be registered for birth or death, have the right to a legally registered full name and a nationality. Children also of judicial separation in the Vietnamese legal system. have the right to have their parents, ethnic groups and sex defined as regulated by laws. Adoption The Law on Adoption outlines the principles, condi- Legitimation tions, and procedures for domestic and international The Law on Children ensures children’s right to have adoption and lays out obligations for adoptive parents parents defined as regulated by laws.125 Legitimation of and responsibilities for adoption agencies to serve the a child is formal vesting of legal rights to a child as if best interests of children and find the best fit for them the child had been born to a married couple and thus through rigorous reviews of the conditions presented includes defining and relating parent(s) with the child. by the adoptive parents. There are no meaningful pro- No other procedural regulations are found in any of the cedural rules included in the Law on Adoption that laws related to the child’s rights or to CR. are relevant to registering adoption as a civil event in the system. Because adoption creates changes in fam- ily relationships and civil status, the provision on the Recognition record changes on civil status should also be applicable The Law on Children provides that children have the to adoption.122 123 right to know their natural parents126. Box 41 Box 44 Article 3. Contents of civil status registration Article 23. Right to be reunited and stay in contact with parent(s) 2. Recording in the civil status book civil status changes of an Children have the right to know their natural parents, unless this individual according to a judgment or decision of a competent might have an adverse effect on them. They are entitled to stay state agency: in touch or contact with both parents when they or their parent(s) d. Adoption and adoption termination; resides (reside) in different countries or are detained or expelled. They also have their immigration facilitated to be united with their parent(s). In addition, children are protected from illegal transport outside the Box 42 territory of Vietnam and provided with information when their parent(s) Article 26. Scope of civil status change is (are) missing. 1. Change of family name, middle name and first name of individuals in birth registration contents when there are grounds as prescribed by the civil law. This law stipulates the rights of children to rec- 2. Change of information about parents in birth registration contents after being adopted as children in accordance with the Law on ognize paternity, but it fails to provide procedures on Adoption. registering or recording paternity on the civil status register. The Law on Children provides that children Instead of the Law on Children, the Law on have the right to have their parents defined as regulated Civil Status in section 4, the procedure for registration by laws.124 When applied to an adopted child’s case, the of parent and child recognition is explained. The com- adopted child has the right to have his or her adopted mune-level people’s committee of the parent’s or child’s parents defined as parents under the Law on Adoption. place of residence shall register the recognition.127 36 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Box 45 requirement. Those who provide information must be Article 25. Procedures for registration of parent and child recognition assured that it will be used only for the purposes pre- 1. Requesters for registration of parent and child recognition shall scribed by law or in aggregate form so that individuals submit declarations, made according to a set form, and evidence proving relationship between father and child or mother and child are not identifiable.137 to the civil status registration agency. All parties must be present upon registration of parent and child recognition. Box 46 Article 11 (Processing of Registration, etc. through Computerized Information Processing System) The civil office has a set form to be used to re- 6) No person who maintains registers, etc. nor any person who quest registration of recognition.128 Along with the processes registration shall use computerized information data completed request form, evidence proving parental re- on the registered matters entered in registers, etc. (hereinafter referred to as “computerized registration data”) or provide them lationship should be submitted, in person, to the civil to other persons (including corporations) for reasons other than status registration agency.129 When all documents are those prescribed by this act or other acts. submitted to the satisfaction of the registration agency, the justice and civil status officer shall record registra- Regardless of the citizenship of the parents, tion of the recognition in the civil status book with- whether both are Korean138, one parent is a foreign in 3 working days of the submission.130 At the time of national139, or parents with multinationality140, every such registration, parent and child must sign the civil birth occurring in Korea must be registered. Births oc- status book, and such registration is reported to the curring abroad may be reported to a family relation reg- chairperson of the commune-level people’s commit- istration office overseas.141 Typically births are reported tee to issue an extract to the requesting parent(s) and at the place of birth.142 child.131 The period of time may be extended up to 5 working days if necessary to verify facts before making Box 47 a determination.132 Article 45 (Place of Report of Birth) (1) The report of birth may be filed at the place of birth. The Korean Family Relationship Registration South Korea Act provides for abandoned children and their registra- tion of birth, with the head of a Si/Eup/Myeon office es- Birth tablishing a new surname and recording the birth in the Birth registration under the Act on the Registration, register,143 yet other special circumstances, such as for Etc. of Family Relationships of Korea provides contin- refugees, undocumented migrants, internally displaced uous, permanent, compulsory, universal, and confiden- persons, stateless persons, and nomadic populations are tial birth registration under the law, as recommended in not incorporated in the law, although the law provides the Principles and Recommendations. The CR system for births occurring in moving vehicles, stating that the continuously adds new records and amends existing place where the mother left the vehicle should be where records as events occur. In Korea, an original domi- the birth is filed and registered.144 cile may be altered in accordance with the procedure as the Supreme Court Rules prescribe.133 Records are Box 48 preserved for future use. In Korea, the head of a Si/Eup/ Article 45 (Place of Report of Birth) Myeon134 shall process registration through a comput- (2) The report of birth may, if the child was born on a train or any erized information processing system.135 CR law man- other means of transportation, be filed at the place where the mother left such means of transportation and if the child was dates registration,136 and registration does cover the born in a ship where a logbook was not kept, at the port at which entire country or territory, satisfying the universality the ship first arrived. Analysis of Laws on CRVS Systems 37 When a baby is born to a married couple, wheth- Birth registration filed more than 1 month after the er at a health facility, home, or other place, the father or date of birth is considered delayed registration and subject mother must notify the civil registrar145. When a child to administrative fines,148 but as for the documentation for is born out of wedlock, the mother must file the report such delayed registration there is no difference between de- of birth. If the person who is supposed to file a report is layed registration and within-time registration. unable to do so, a relative living with the family or the doctor, midwife, or any other person involved in the delivery should report the birth.146 Death Just like birth registration requirements prescribed by the law, death registration in Korea possesses the key Box 49 traits of the Principles and Recommendations; death Article 46 (Person Obliged to File Report) (1) The report of birth of a child born within wedlock shall be filed by registration continues to be added in the original the father or the mother. domicile record, maintaining the continuity of the reg- (2) The report of birth of a child born out of wedlock shall be filed by istration records;149 because death registration is pro- the mother. (3) Where the person to file a report pursuant to paragraph (1) or (2) cessed through computerized system, theoretically it is is unable to file such report, any of the following persons shall file permanent.150 the report in the following orders: 1. Relatives living together; 2. Doctor, midwife or any other person involved in the delivery. Box 51 (4) Where a child’s welfare could be harmed if a person obliged Article 10 (Determination of Place of Registration) to report birth fails to file a report within the period specified in (1) In the case of entering matters for the first time due to birth or Article 44 (1), a prosecutor or the head of a local government other causes, a place of registration shall be determined for may report the birth. reporting such entry Article 11 (Processing of Registration, Etc. through Computerized Information Processing System) Information to be included on the birth noti- (1) The head of a Si/Eup/Myeon shall process registration through a computerized information processing system. fication form includes name, origin of surname, sex, and original domicile of the child; whether the child was born in or out of wedlock; date and place of birth; Registering death is compulsory151, and like oth- name, origin of surname, original domicile, resident er information containing individual identifiers, death registration number of parents; and all nationalities ap- registration records must be kept confidential.152 plicable to the child.147 Box 52 Article 9 (Preparation of and Matters to Be Recorded in Family Box 50 Relations Registers) Article 44 (Matters to Be Entered in Report of Birth) (2) The following matters shall be stated in the register: 2) The following matters shall be entered in a report of birth: 3. Matters concerning establishment of and changes in family 1. Name, place of family origin, sex and place of registration of relations, such as birth, marriage, and death; the child; 2. Whether the child was born in or out of wedlock; 3. Date and place of birth; Box 53 4. Name, place of family origin, place of registration and Article 11 (Processing of Registration, Etc. through Computerized resident registration number of the parents (name, date of Information Processing System) birth, nationality and alien registration number if the father or (6) No person who maintains registers, etc. nor any person who mother is a foreigner); processes registration shall use computerized information data 5. In cases of agreements made pursuant to the proviso to on the registered matters entered in registers, etc. (hereinafter Article 781 (1) of the Civil Act, such fact; referred to as “computerized registration data”) or provide them 6. Where the child has multi-nationality, such fact and foreign to other persons (including corporations) for reasons other than nationality that the child has acquired. those prescribed by this act or other acts. 38 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems In Korea, deaths are registered where the person personnel such as a medical doctor or oriental medical died—at the family relation registration office covering practitioner may issue a death certificate.158 The person the locality; thus, the death of a Korean national over- who filed the report or the head of the district may ini- seas should be filed at a nearby family relation registra- tiate modifications of the record. tion office for Korean citizens.153 When death occurs in a moving vehicle, the report must be filed where the body is taken out.154 Fetal Death There are no provisions covering fetal death in Korea Box 54 except for the registration of fetal death of a recognized Article 86 (Place of Reports of Death) child,159 which must be filed within one month. A report of death may be filed at the place of death, burial or cremation: If the place of death is uncertain, the report may be filed at the place where the corpse was first found, if death occurs on a train Box 56 or any other means of transportation, at the place where the corpse Article 60 (Stillbirth of Child Already Recognized) was taken off such means of transportation, and if death occurs on a If a recognized child was stillborn, the person obliged to file a report ship that does not keep a logbook, at the port at which the ship first of birth shall file the report within one month of the date on which he/ arrived. she became aware of such fact; if the executor of a will has filed the Article 87 (Death Caused by Disaster, etc.) report referred to in Article 59, the executor of a will shall file such … where death occurs in a foreign country, such notice shall be report. issued to the head of a Si/Eup/Myeon in which the place of registration of the deceased is located or to the family relation registrar who is working for Overseas Koreans Family Register Office. Marriage A relative or someone who lives in the household Only one type of marriage, civil marriage, is specified files the death report or the district head when there is in Art. 807 of the Civil Act. A marriage must be regis- no relative or interested person. When the deceased is tered at the CR office of the residence of the bride or not identifiable, it is not clear whether the death of a the groom.160 deceased was filed, and there is no relative or interested person, a police officer must notify the district office Box 57 Article 20 (Place of Report) head to prepare a postmortem report to be filed with (1) A report prepared pursuant to this act may be filed at the place the death registration.155 of registration of the person directly involved in such reporting or Deaths must be registered within 1 month of the at the domicile or current address of the person who files such report; a report concerning Korean citizens residing abroad may date of death.156 be filed at Overseas Koreans Family Register Office. (2) A report regarding a foreigner may be filed at the office nearest his/her place of residence or at the place of domicile or current Box 55 place of the person who files such report. Article 84 (Reports of Death and Matters to Be Entered Therein) (1) A report of death shall be filed by a person as provided for in Article 85 within one month from the date on which such Registration of marriage at the CR office estab- person becomes aware of the fact of death, attaching a medical lishes the legality of the marriage, Name, origin of sur- certificate or death certificate thereto. name, date of birth, resident registration number, and original domicile of the parties to a marriage (name, A medical certificate or death certificate, along date of birth, nationality, and alien registration num- with identifying information about the deceased such ber when any party to a marriage is a foreigner); name, as name, sex, original domicile, date and place of death, original domicile, and resident registration number and resident registration number, should be provided of the parents and adoptive parents of the parties to a when filing a death registration.157 Only authorized marriage; any agreement that any children born within Analysis of Laws on CRVS Systems 39 Article 86 (Place of Reports of Death) the Family Court.164 A report prepared pursuant to this A report of death may be filed at the place of death, burial or act may be filed at the original domicile of the person cremation: Provided, That where the place of death is uncertain, the directly involved in such reporting or at the domicile or report may be filed at the place where the corpse was first found, if death occurs on a train or any other means of transportation, at the current address of the person who files such a report.165 place where the corpse was taken off such means of transportation, A report of divorce by agreement shall be filed within 3 and if death occurs on a ship which does not keep a log-book, at the port at which the ship first arrived. months of the date on which the family court issues or Article 87 (Death Caused by Disaster, etc.) delivers a certified copy of confirmation , attaching the … where death occurs in a foreign country, such notice shall be issued to the head of a Si/Eup/Myeon in which the place of certified copy of the confirmation thereto.166 registration of the deceased is located or to the family relation registrar who is working for Overseas Koreans Family Register Office. Box 59 Article 75 (Confirmation of Divorce by Agreement) (1) If a person intends to divorce by agreement, he/she shall file a wedlock would use the mother’s surname in the future; report with confirmation of the Family Court having jurisdiction over the person’s place of registration or address; if the person and assurance that the marriage is not a consanguine- does not reside in the state, such confirmation shall be made at ous marriage must be provided at the time of the reg- the Seoul Family Court. istration.161 For both bride and groom, 18 years old is (2) The report referred to in paragraph (1) shall be filed within 3 months of the date on which the family court issues or delivers a the legal minimum age of marriage,162 but with paren- certified copy of confirmation, attaching the certified copy of the tal consent, a minor may enter into marriage.163 confirmation thereto. Box 58 A report of divorce requires identifiers of the par- Article 807 (Marriageable Age) ties and the parents of the parties, including name, origin Any person who is 18 years old or older may enter into matrimony. of surname, date of birth, resident registration number, Article 808 (Marriage Requiring Consent) (1) A minor shall obtain the consent of both parents to marry. If one and original domicile of the parties. No fee, no period of parent is unable to exercise the right of consent, the minor shall time to register a divorce, and no penalty for not com- obtain the consent of the other parent, and if neither parent is able to exercise the right of consent, the minor shall obtain the plying with the relevant rules are set in the law. Modi- consent of his/her guardian. fications, annotations, and corrections are to be made using the same procedure as with marriage, birth, and Registering a marriage requires filling out a death records—the original registrant must file for such standard form prescribed by the rules of the Supreme modification, but when such person is not available, the Court. No fee is required, and no period of time to head of the district office can initiate changes on the re- file for marriage is specified. When the need for mod- cord with the permission of the supervisory court. ification or annotation arises, the original registrant is notified to file for modification or annotation of the record. When the original registrant is not available or Annulment not interested in filing for corrections on the record, the Annulment is considered and treated as rectifying a head of the district level office may initiate corrections marriage record. With respect to an act that takes effect ex officio, with the permission of the supervisory court. through the filing of a report, where such act is unmis- takably invalid even though it has been recorded in the register, the person who filed such report or the party Divorce to the reporting case may apply for rectification of the Divorce by agreement shall take effect upon reporting register after obtaining the permission of the family in accordance with the Act on the Registration, Etc. of court having jurisdiction over the original domicile of Family Relationship after obtaining confirmation from the person to the case.167 40 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Box 60 The guardian of the adoptee who assented to the Article 105 (Rectification of Records of Invalid Acts That Are Entered adoption is required to register the adoption.169 in a Family Relations Register) (1) With respect to an act that takes effect through the filing of a report, where such act is unmistakably invalid even though it has Box 62 been recorded in the register, the person who filed such report or Article 62 (Report of Adoption) the party to the reported case may apply for rectification of the (1) Where an adoptee is under 13 years of age, his/her legal register after obtaining the permission of the Family Court having representative who assented to the adoption in accordance with jurisdiction over the place of registration of the person to the case. Article 869 (2) of the Civil Act shall file the report of adoption. (2) In cases of paragraph (1), Article 96 (6) shall apply mutatis mutandis to the Family Court’s hearing. When such guardian is not available, written permission by the family court can be substituted. The The place of filing and the time allowed for regis- law is silent as to who must file for the adoption regis- tration follow the same rules under the Act on the Reg- tration when the guardian is not available, but given the istration, Etc. of Family Relationships of Korea, just like penetrating principle of having the involved party to any other lifetime event registered in the family register. register on the affected CR, it is safe to assume that the There are no particular rules for special circumstances, adoptive parents may file for registration of the adop- such as parties involving refugees or stateless persons, tion, with the court’s decision or permission attached. but the general rule cites circumstances in which one The law distinguishes between general adoption party resides abroad—in such case, the same as any oth- and relative adoption, clearly requiring the adoptive er events to be registered, the filing may be made at a parents to report the adoption within 1 month of re- family relation registration office. When annulment is ceiving the court’s decision, whereas the guardian is to be registered, a certified copy of judgement needs to the legally required reporter of the adoption when the be submitted.168 adoptee is not related.170 Box 61 Box 63 Article 107 (Rectification of Registers by Court Decision) Article 67 (Report of Adoption of Child through Full Adoption) When a register is to be rectified according to a final and conclusive (1) A person who intends to fully adopt a child in accordance with court decision, the person who raised such legal action shall apply for Article 908–2 of the Civil Act shall file a report referred to in rectification of the register within one month from the date of the final Article 61, attaching a certified copy of written judgment and a and conclusive court decision, attaching a certified copy of the court certificate of final decision within one month from the date on decision and a certificate of such court decision thereto. which the court decision on the adoption of a child through full adoption becomes final and conclusive. Judicial Separation The same applies to the revocation of the relative There are no provisions covering judicial separation in adoption, that the adoptive parents must file the revo- Korea, because separation is not legally recognized. cation registration within 1 month of the date of the court’s decision.171 Adoption Although there is no adoption-specific registration Legitimation regulation in the law, the general rules of continuous, According to the Civil Act, when adoption of a rela- permanent, compulsory, universal, confidential regis- tive is considered, such adoptee is considered as a child tration apply to adoption records as well, because the born within wedlock,172 having the effect of legitima- Act on the Registration, Etc. of Family Relationships tion, vesting all legal rights of a legitimate child of the applies to all lifetime events, including adoption. adoptive parents. Analysis of Laws on CRVS Systems 41 Box 64 Box 65 Article 908–3 (Effect of Full Adoption) (1) The child adopted through Article 55 (Matters to be Entered in Report of Recognition) full adoption shall be deemed to be born during the marriage of the (1) The following matters shall be entered in a report of recognition: adoptive parents. 1. Name, sex, date of birth, resident registration number and place of registration of the child (name, sex, date of birth, The procedure for the registration of the relative nationality, and alien registration number if the child is a adoption is the same with general adoption except for foreigner); 2. If a dead child is recognized, date of death of the child and the registrant designation as stated above. Because there name, date of birth, resident registration number, and place is not separate legal provision for legitimation, there is of registration of the child’s lineal descendants; 3. If a father recognizes a child, the name, place of registration, no separate procedure for registration but to follow rel- and resident registration number of the mother; ative adoption procedures in registration of the record, 4. If the surname and place of family origin are maintained as the relative adoption have same legal effect as legiti- before recognition, the purport and details thereof; 5. If the person having parental authority has been determined mation in Korea. in accordance with Article 909 (4) or (5) of the Civil Act, the purport and details thereof. (2) In cases falling under paragraph (1) 4 or 5, documents to prove the details shall be attached to the report; if a decision of the Recognition court on permission of continuous use of surname and There are two types of recognition in Korea: voluntary place of family origin or a trial to determine the person having parental authority has been concluded, Article 58 shall apply recognition and recognition by court decision. Volun- mutatis mutandis. tary recognition refers to a case in which the birth father voluntarily recognizes a child and reports the birth as 5 Ibid. his own child’s.173 Voluntary recognition is a consti- 6 Ibid. art. 23(2) tutive process that takes effective through voluntary 7 Ibid. reporting, and the effective date applies retroactively to 8 Ibid. art. 22(3) the date of birth.174 Recognition by the court175 occurs 9 Ibid. art. 9(5) through litigation to request recognition of a legal par- 10 Ibid. art. 22(1) 11 Establishment of Cause of Death Act, art. 3(1) ent-child relationship between a child born out of wed- 12 Ibid. arts. 3(21)-(4) lock and a parent. 13 Vital Statistics Registration Act, art. 31(1) Items to be listed in the recognition report in- 14 Ibid. art. 33(1) clude identifiers of the child such as name, sex, date of 15 Ministry of Interior of Republic of Estonia, supra note birth, resident registration number, and place of regis- 53; The vital statistics office may require other docu- tration of the child and identifiers of the birth mother ments to be submitted to register a death in certain cases such as name, place of registration, and resident regis- provided by law. 16 Vital Statistics Registration Act, art. 32(8) tration number.176 17 Ibid. art. 32(1) 18 Vital Statistics Registration Act, art. 22(2) 19 Ibid. art. 36(3) Endnotes 20 Family Law Act, art. 1(1) 21 Ibid. art. 1(3) 1 Ministry of Interior of Republic of Estonia, Vital Statis- 22 Ibid. art. 2(1) tics Procedures, at https://www.siseministeerium.ee/en/ 23 Vital Statistics Registration Act, art.37(1) vital-statistics-procedures 24 Ibid. art. 37(2) 2 Vital Statistics Registration Act, art. 3(1) 25 Ibid. 3 Personal Data Protection Act, art. 6 26 Ibid. arts. 41(1) 4 Vital Statistics Registration Act, art. 21(1) 27 Ibid. arts. 41(1)-(2) 42 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems 28 Ibid. arts. 38–39 3/ prepare and distribute registers of civil status to be used for 29 Family Law Act, art. 63 the registration of vital events involving Ethiopians residing 30 Vital Statistics Registration Act, art. 44(1) in foreign countries and defense force members on active duty 31 A notary may grant divorce upon agreement of the and vital events occurring on Ethiopian ships’ spouses on the basis of a joint written application of the 4/ In cooperation with the regions, prepare action plans for spouses. Family Law Act, art. 641(1) registration of vital events and a system for the usage of infor- 32 Ibid. art. 64 mation, and monitor the implementation of same’ 33 Vital Statistics Registration Act, art. 44(4) 5/ provide or cause the provision of awareness creation educa- 34 Family Law Act, art. 65 tion and trainings, through different methods, on the impor- 35 Ibid. art. 44(2)-(3) tance of registration of vital events’ 36 Vital Statistics Registration Act, art. 45(1) 6/ conduct surveys on the quality and coverage of vital events 37 Ibid. art. 45(2) registration, and forward recommendations to resolve prob- 38 Ibid. art. 45(21) lems encountered in the course of the registration’ 39 Family Law Act, art. 9(1) 7/ facilitate the application of vital events registration and 40 Ibid. art. 9(2) information exchange system which is supported by user 41 Vital Statistics Registration Act, art. 2(3) friendly technology; 42 Family Law Act, art. 147(1) 8/ undertake coordination activities necessary for the timely 43 Ibid. art. 147(4) transmission of collected data to the relevant organs as stipu- 44 Ibid. art. 148 lated by the proclamation; 45 Ibid. art. 148 9/ organize central data base for registered vital events, and 46 Ibid. arts. 151, 152(1), 153(1) take necessary precautionary measures to protect the technol- 47 Vital Statistics Registration Act, art. 2(3) ogy infrastructure and the data thereof from risk exposure’ 48 Family Law Act, art. 82 10/ forward policy ideas on vital events registration system to 49 Ibid. arts. 83, 84(1) the relevant organ, and implement same upon approval; 50 Ibid. art. 84(1) 11/ Act in collaboration with the relevant federal and regional 51 Ibid. art. 87(1) state organs; 52 Ibid. art. 87(3) 12/ Coordinate government organizations, societies and char- 53 Ibid. arts. 89(1), (3) ity organizations to provide the necessary support in the making 54 Ibid. art. 90(2) of the country’s vital events registration system comprehensive; 55 Ibid. arts. 94(1), (2) 13/ Own property, enter into contracts, sue and be used in its 56 Vital Statistics Registration Act, art. 26(1) own name; and 57 Ibid. art. 27 14/ Perform such other related activities as may be required 58 The italicized words are not italicized in the law itself for the attainment of its objectives. but have been italicized for emphasis to provide what is Retrieved from http://www.vera.gov.et/Home/Pages. being defined. 61 Ibid. art. 5 59 Nationality Law, No. 378/2003, art. 3(2). “An infant who 62 Ibid. art. 6(1). For the organizational structure in Ethio- is found abandoned in Ethiopia shall, unless proved to have pia, refer to figures 1 and 2. a foreign nationality, be deemed to have been born to an 63 Proclamation No. 760/2012, Articles 7(1) & 8(1) Ethiopian parent and shall acquire Ethiopian nationality.” 64 Ibid. art. 7(1) 60 Proclamation No. 760/2012, Article 4. 65 Ibid. art. 8(1) The power and duties given to VERA are: 66 Proclamation No. 760/2012, art. 6(2) The Agency shall have the powers and duties to: 67 According to the UN Principles and Recommendations 1/ ensure the proper registration of vital events and the issuance of 2014, the duties and responsibilities of the local civil certificate of registration in accordance with the proclamation; registrar are provided for in paragraph 328, p. 74. For 2/ collaborate with and provide assistance to the appropri- the failure to comply with the law, rules and regulations ate regional organs in the preparation and distribution of by local civil registrar, penalties are outlined in the UN registers of civil status to be used by the regions’ Principles and Recommendations 2014, paragraph 338, Analysis of Laws on CRVS Systems 43 p. 76. Penalty provisions will be discussed in Part C, sec- 113 The Law on Civil Status, art. 4–12 tion b, sub-section x of this report. 114 Ibid. art. 28 68 Proclamation No. 760/2012, arts. 10 & 11 115 Ibid. art. 7–3 69 Proclamation No. 760/2012, art. 12 116 Ibid. art. 11–1-b 70 Proclamation No. 760/2012, art. 13 117 Law on Marriage and Family, art. 8 71 Ibid. arts. 14–16 118 The Law on Civil Status, art. 3–2-dd/ 72 CRVS Law art. 63 119 Law on Marriage and Family, art. 10 73 Proclamation No. 760/2012, art. 17 120 Ibid. 74 Ibid. art. 18 121 Ibid. art. 11 75 Ibid. arts. 19–21 122 Law on Civil Status, art. 3–1-dd 76 Ibid. arts. 49–54 123 Ibid. art. 25 77 Ibid. arts. 22–23 124 Law on Children, art. 13 78 Ibid. arts. 63–64 125 Ibid. art. 13 79 Ibid. art. 65 126 Ibid. art. 23 80 Proclamation No. 213/2000, art. 19 127 Law on Civil Status, art. 25 81 Ibid. art. 20 128 Ibid. art. 25–1 82 Ibid. art. 76(b) 129 Ibid. 83 Ibid. art. 78(2) 130 Ibid. art. 25–2 84 Ibid. art. 79 131 Ibid. art. 25–2 85 Ibid. art. 194 132 Ibid. 86 Constitution, arts. 6, 36(1)-(2) 133 Act on the Registration, Etc. of Family Relationships 87 Constitution, art. 36(4) of Korea, art. 10–2 88 The Law on Civil Status, art. 5–5 134 Units of municipalities in South Korea. 89 Ibid. art. 6–1 135 Ibid. art. 11–1 90 The Law on Civil Status, art. 7–3 136 Ibid. art. 9–2–3 91 Ibid. arts. 13 & 35 137 Ibid. art. 11–6 92 Ibid. arts. 5–4 138 Ibid. art. 1 93 Ibid. art. 35 139 Ibid. art. 44–2–4 94 The Law on Civil Status, art. 16 140 Ibid. art. 44–2–6 95 Ibid. art. 16 141 Ibid. art. 20–1 96 Ibid. art. 15 142 Ibid. art. 45–1 97 Ibid. art. 14 143 Civil Act. art. 781(4) 98 Ibid. art. 15 144 The Act on the Registration, Etc. of Family Relation- 99 Ibid. art. 11-b ships of Korea, art. 45–2 100 Ibid. 12 145 Ibid. art. 46 101 Ibid. art. 12 146 Ibid. 102 Ibid. art. 5–5 147 Ibid. art. 44(2) 103 Ibid. art. 6–1 148 Ibid. art. 122 104 The Law on Civil Status, art. 6–1 149 Ibid. art. 10 105 Ibid. art. 51 150 Ibid. art. 11–1 106 Ibid. art. 51 151 Ibid. art. 9(2)3 107 Ibid. art. 12 152 Ibid. art. 11(6) 108 Ibid. art. 34. 153 Ibid. art. 87 109 The Law on Civil Status, arts. 17, 18 154 Ibid. art. 86 110 Ibid. art. 17. 155 Ibid. art.90 111 Ibid. art. 6 156 Ibid. art. 84–1 112 Ibid. art. 18 157 Ibid. art. 84–2 44 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems 158 Medical Service Act, art. 17–2 167 Ibid. art. 105 159 Act on the Registration, Etc. of Family relationships, 168 Ibid. art. 106 art. 50 169 Ibid. art. 62 160 Act on the Registration, Etc. of Family relationships, 170 Ibid. art. 67 art. 20–1 171 Ibid. 161 Ibid. art. 71. 172 Civil Act, art. 908–3 162 Civil Act. art. 807 173 The Act on the Registration, Etc. of Family Relation- 163 Ibid. art. 808–1 ships of Korea Art, art. 57 164 Ibid. art. 836 174 Civil Act, art. 860 165 The Registration, Etc. of Family Relationships of Korea 175 The Act on the Registration, Etc. of Family Relation- Art, art. 20–1 ships of Korea, art. 58 166 Ibid. art. 45 176 Ibid. art. 55 4 COMPARISON AND CONCLUSION In Comparison with UN Principles and Recommendations Overriding Principles The objective of a CR system is to procure and record information on the occur- rence of vital events to enable the retrieval of such information for legal, admin- istrative, statistical, and other permitted purposes. CR is performed because the resulting legal documents, as provided for by the law, are valuable because these records are universally recognized as the main source of VS. Thus, a CR system must be compulsory, universal, continuous, permanent, and confidential. Table 14 examines the legislative framework of each of the four countries discussed as it pertains to the overriding principles embedded in the CR laws of each country. 46 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Overriding Principles (OP) Continuity (OP1) Permanence (OP2) LB DE FD M DI AN JS AD L R LB DE FD M DI AN JS AD L R Estonia √ √  √ √ √  √  √ √ √  √ √ √  √  √ Ethiopia √ √  √ √      √ √  √ √      Vietnam √ √  √ √ √  √  √ √ √  √ √ √  √  √ Korea √ √ ◊ √ √ √  √  √ √ √ ◊ √ √ √  √  √ Note: The following abbreviation in the table are as follows: LB: Live Birth, DE: Death, FD: Fetal Death, M: Marriage, DI: Divorce, AN: Annulment, JS: Judicial Separation, AD: Adoption, L: Legitimation and R: Recognition. √: Yes,  : No (or not expressly provided for) and ◊: Partially. Comparison and Conclusion 47 Compulsory (OP3) Universal (OP4) Confidentiality (OP5) LB DE FD M DI AN JS AD L R LB DE FD M DI AN JS AD L R LB DE FD M DI AN JS AD L R √ √  √ √ √  √  √ √ √  √ √ √  √  √ √ √  √ √ √  √  √ √ √  √ √    √ √ √ √  √ √    √ √ √ √  √ √      √ √  √ √ √  √  √ √ √  √ √ √  √  √           √ √      √  ◊ √ √  √ √ √  √  √ √ √ √ √ √ √  √  √ 48 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Other Characteristics characteristics to promote the accuracy and complete- Because the objective of the CR system is to make sure ness of VS to be recorded. Table 15 outlines the char- that all vital events are accurately and completely reg- acteristics that should be implemented in the CR laws istered on a timely basis, the CR law should include of all countries. Table 15. Other Characteristics of a Civil Registration Law (OC) Vital Event Estonia Ethiopia Vietnam Korea Live Birth OC1 √ √ √ √ OC2 √ √ √ √ OC3 √ √ √ √ OC4 √ √ √ √ OC5     OC6 √ ◊ √ √ OC7  √ ◊ ◊ OC8 √ √ √ √ OC9 √ √ √ √ OC10 √ √ √ √ OC11 √ √  √ OC12 √ √   OC13 √ √ √ √ OC14  √ √ √ Death OC1 √ √ √ √ OC2 √ √ √ √ OC3 √ √ √ √ OC4 √ √ √ √ OC5     OC6 √ ◊ √ √ OC7  √ ◊ ◊ OC8 √ √ √ √ OC9 √ √ √ √ OC10 √ √ √ √ OC11 √ √  √ OC12 √ √   OC13 √ √ √ √ OC14  √ √ √ (continued on next page) Comparison and Conclusion 49 Table 15. Other Characteristics of a Civil Registration Law (OC) (continued) Vital Event Estonia Ethiopia Vietnam Korea Fetal Death OC1    ◊ OC2    ◊ OC3    √ OC4    √ OC5     OC6     OC7    ◊ OC8    √ OC9    √ OC10    √ OC11    √ OC12     OC13    √ OC14     Marriage OC1 √ √ √ √ OC2 √ √ √ √ OC3 √ √ √ √ OC4 √ √   OC5     OC6 √ √ ◊ ◊ OC7  √   OC8 √ √ √ √ OC9 √ √ √ √ OC10 √ √ √ √ OC11 √ √  √ OC12 √ √   OC13 √ √ √ √ OC14  √   (continued on next page) 50 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 15. Other Characteristics of a Civil Registration Law (OC) (continued) Vital Event Estonia Ethiopia Vietnam Korea Divorce OC1 √ √ √ √ OC2 √ √  √ OC3 √ √ √ √ OC4 √ √  √ OC5     OC6 √ √ √ √ OC7  √  ◊ OC8 √ √ √ √ OC9 √ √ √ √ OC10 √ √ √ √ OC11 √ √  √ OC12 √ √   OC13 √ √ √ √ OC14  √   Annulment OC1 √  √ √ OC2 √   √ OC3 √  √ √ OC4     OC5     OC6 √  √ √ OC7     OC8 √  √ √ OC9 √  √ √ OC10 √  √ √ OC11 √   √ OC12     OC13 √  √ √ OC14     (continued on next page) Comparison and Conclusion 51 Table 15. Other Characteristics of a Civil Registration Law (OC) (continued) Vital Event Estonia Ethiopia Vietnam Korea Judicial OC1     Separation OC2     OC3     OC4     OC5     OC6     OC7     OC8     OC9     OC10     OC11     OC12     OC13     OC14     Adoption OC1 √  √ √ OC2 √  √ √ OC3 √  √ √ OC4   √  OC5   √  OC6 √  √ √ OC7     OC8 √  √ √ OC9 √  √ √ OC10 √  √ √ OC11    √ OC12     OC13 √  √ √ OC14    √ (continued on next page) 52 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 15. Other Characteristics of a Civil Registration Law (OC) (continued) Vital Event Estonia Ethiopia Vietnam Korea Legitimation OC1     OC2     OC3     OC4     OC5     OC6     OC7     OC8     OC9     OC10     OC11     OC12     OC13     OC14     Recognition OC1 √  √ √ OC2 √  √ √ OC3 √  √ √ OC4    ◊ OC5     OC6 √  √ ◊ OC7     OC8 √  √ √ OC9 √  √ √ OC10 √  √ √ OC11    √ OC12     OC13 √  √ √ OC14     Note: The following abbreviation in the table are as follows: √: Yes,  No (or not expressly provided for) and ◊: Partially. OC1 Designation of responsibilities and organizational structure for OC8 Vital event registration record civil registration OC2 Legally responsible informant OC9 Preparation of records OC3 Place of registration OC10 Storage and preservation of records OC4 Time allowed for registration OC11 Release of information for individuals OC5 Cost of current registration OC12 Additional notations OC6 Proof required for registration OC13 Amendments to records OC7 Late and delayed registration OC14 Penalties associated with noncompliance Comparison and Conclusion 53 Minimum Core Characteristics recommendation for the core characteristics to be The list of the minimum core characteristics included included in a CR system primarily focuses on the vital in a VS system is acquired from national experiences events of live birth, death, fetal death, marriage, and based on global recommendations. At the national level, divorce. Table 16 analyzes these five events in the legis- when selecting the core characteristics, national and lative framework of each country’s CR law(s). international standards must be met. The international 54 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 16. Minimum Core Characteristics Provided in the Law (CC) Live Birth Death CC-DE10 CC-DE11 CC-LB10 CC-LB11 CC-LB12 CC-LB13 CC-LB14 CC-LB15 CC-LB16 CC-LB17 CC-DE1 CC-DE2 CC-DE3 CC-DE4 CC-DE5 CC-DE6 CC-DE7 CC-DE8 CC-DE9 CC-LB1 CC-LB2 CC-LB3 CC-LB4 CC-LB5 CC-LB6 CC-LB7 CC-LB8 CC-LB9 Estonia √ √ √ √  √ √ √ √ √     √ √ √ √ √ √ √ √ √ √ √ √   Ethiopia √ √ √ √ √ ◊ √ √ √ √    √ √ √ √ √ √ √ √ √ ◊  √  √  Vietnam √ √ √   ◊ ◊  ◊      ◊  √ √ √ √ √ ◊ √ ◊ ◊    Korea √ √ √   ◊ √ √  ◊     √ √  √ √ √ √ ◊ √ √ √    Note: The following abbreviation in the table are as follows: √: Yes,  : No (or not expressly provided for) and ◊: Partially. CC-LB1 Date of occurrence & CC-DE2 Date of registration CC-FD9 Date of last previous live registration birth CC-LB2 Place of occurrence CC-DE3 Place of occurrence CC-FD10 Date of marriage CC-LB3 Place of registration CC-DE4 Place of registration CC-FD11 Place of usual residence of mother CC-LB4 Type of birth CC-DE5 Cause of death CC-FD12 Date of birth of father CC-LB5 Attendant at birth CC-DE6 Certifier CC-FD13 Place of usual residence of father CC-LB6 Sex and weight at birth CC-DE7 Date of birth of deceased CC-M1 Date of occurrence CC-LB7 Date of birth of mother CC-DE8 Sex of deceased CC-M2 Date of registration CC-LB8 Marital status of mother CC-DE9 Marital status of deceased CC-M3 Place of occurrence CC-LB9 Place of & duration at usual CC-DE10 Place of usual residence CC-M4 Place of registration residence of mother CC-LB10 Mother’s place/country of birth CC-DE11 Place of usual residence of mother (for deaths CC-M5 Date of birth of each < 1years of age) partner (separately) Comparison and Conclusion 55 Fetal Death Marriage Divorce CC-FD10 CC-FD11 CC-FD12 CC-FD13 CC-FD1 CC-FD2 CC-FD3 CC-FD4 CC-FD5 CC-FD6 CC-FD7 CC-FD8 CC-FD9 CC-DI1 CC-DI2 CC-DI3 CC-DI4 CC-DI5 CC-DI6 CC-DI7 CC-M1 CC-M2 CC-M3 CC-M4 CC-M5 CC-M6              √ √ √ √ √ √ √ √ √ √ √ √ v              √ √ √ √ √ √ √ √ √ √ √ √ √              √ √ √ √ √ √ ◊ √ ◊ √ ◊ ◊ √ ◊ ◊ ◊ ◊ ◊ ◊         √  √ √ √ √ √ √ √ ◊ ◊ √ CC-LB11 Children born alive to mother CC-FD1 Date of occurrence of fetal delivery CC-M6 Place of usual residence during her lifetime CC-LB12 Fetal deaths to mother during CC-FD2 Date of registration CC-DI1 Date of occurrence her lifetime CC-LB13 Date of previous birth CC-FD3 Place of occurrence CC-DI2 Date of registration CC-LB14 Date of marriage CC-FD4 Place of registration CC-DI3 Place of occurrence CC-LB15 Date of birth of father CC-FD5 Sex of fetus CC-DI4 Place of registration CC-LB16 Marital status of father CC-FD6 Date of birth of mother CC-DI5 Date of birth of each partner CC-LB17 Place of usual residence of CC-FD7 Children born alive to mother during lifetime CC-DI6 Date of marriage father CC-DE1 Date of occurrence CC-FD8 Fetal deaths to mother during lifetime CC-DI7 Place of usual residence 56 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Comparison of Estonia, Ethiopia, concerned. Because they provide critical information, Vietnam, and South Korea the legislative basis for vital events is important. The following table analyzes the respective national CRVS VS are the comprehensive account of vital events laws by evaluating the internationally recommended that occur in the lifetime of a person, as well as rele- qualifications. vant characteristics of the events and of the person(s) Table 17. Live Birth Live Birth: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Birth registration Continuous: VS offices Continuous: Registration Continuous: Update Continuous: Record may must be continuous, should change and correct of events on application by electronically (Art. 5–5) be changed according to permanent, birth registration data interested person (Art. 67(4)) Supreme Court Rules (Art. Compulsory: Obligation for compulsory, universal, (Art. 11) 10–2) Corrections to register of all citizens and residents and confidential Compulsory: The legal civil status (Arts. 49–54) (Art. 6–1) Permanent: Computerized representative should information processing Permanent: Proper Universal: Commune- or submit a relevant application system (Art. 11–1) preservation (Art. 6(2)(d) & district-level coverage for registration of birth Art. 11(2) & Art. 65) Compulsory: Lifetime events (Art. 23(1)) must be recorded in the Compulsory: Obligation for Universal: A birth (if the family relationship record any Ethiopian (Proclamation child was born in Estonia, (Art. 9–2–3) No. 760/2012 Art. 3(1) & the residence of a parent (2)) Universal: Covering all parts of the child is in Estonia, or of the country. a parent of the child is an Universal: Established by Estonian citizen) should be region or designated by Confidential: Registration registered unless it has been each region (regional level) records shall not be used registered in a foreign state and transferred to federal for any other use than (Art. 21(2)) level (Art. 5) prescribed in the law (Art. 11–6) Confidential: VS offices must Confidentiality: Conditions of comply with the principles disclosure of information to of purposefulness and other organs (Art. 64) restrictive use (Personal Data Protection Act Art. 6) Every birth occurring Should be registered if the Duty for registration if the Applies also to foreign Applies to Koreans (Art. in the territory residence of a parent of the parent(s) are of Ethiopian permanent residents (Art. 1), when one parent is a should be registered child is in Estonia (Art. 21(1)) nationality (Art. 1 & 26) 6–1) foreigner (Art. 44–2–4), and irrespective of the children with multinationality citizenship of parents (Art. 44–2–6) How to register births Consular officers register For embassies and Representative mission Family relation registration to nationals that have birth on the basis of foreign consulates (Art. 7) registration (Art. 7–3) office for Korean citizens occurred abroad VS documents (Art. 3(5)) residing abroad (Art. 20–1) Vital events on board Ethiopian ships (Art. 8) (continued on next page) Comparison and Conclusion 57 Table 17. Live Birth (continued) Live Birth: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Place of registration County and city or rural Declaration of birth Civil status registration Place of birth (Art. 45–1) for births (according municipality where child was registered 90 days after date agency in his/her registered to place of occurrence born (Art. 24(3)) of birth place of permanent or or usual residence) temporary residence or the (Art. 18(2)) place where s/he is living Place of registration is (Art. 5–4) administrative office nearest Commune-level [or district- to principal residence of level] people’s committees parents (Art. 28(1)) of the places of residence For abandoned child or of fathers or mothers shall if parents are unknown, make birth registration administrative office nearest (Art.13) (Art.35) to where child was found (Art. 28(2)) How to address No specific provision, but N/A Art. 31 specifies different Abandoned children: Head special circumstances in the case of a foundling, scenarios (one or both of district-level office shall, such as refugees, the place where the child parents foreign or stateless after establishing a new undocumented was found (on the basis or residing abroad surname and origin of migrants, internally of the estimate of a police surname of the abandoned displaced persons, authority) (Art. 24(3)) child, determine child’s stateless persons, name and original domicile nomadic populations and record them in register (Art. 52–3) How to register births No specific provision For ships only (Art. 8) None Where mother left vehicle; if occurring in a moving in ship, first port arrived at vehicle (e.g., train, (Art. 45–2) airplane, ship) Arrangements for Birth of stillborn child does None None None recording of fetal not need to be registered deaths (Art. 22(2)) How births at health County governments or The health institution where Father or mother (or Doctor prepares birth facilities are to be rural municipality and city birth occurs prepares a birth grandfather, grandmother, certificate, then mother or registered and birth governments (only if no certificate in accordance another relative, or caregiver father is responsible for certificates issued, county governments in with Art. 24(1) & (2) and if parents not available) filing registration (Art. 46); including who is administrative territory) gives this certificate to registers child’s birth with registration must be filed responsible for register birth (Art. 3(3)) person with duty of declaring justice civil status officer, with birth certificate (Art. notification of birth to birth in accordance with Art. and justice and civil status 44–4) Rural municipality and city civil registrar 26 (Art. 29) officer records such birth governments issue initial (Art 16) birth certificates (Art. 3(3)) Chairpersons of commune- level people’s committee issue birth certificates (Art.16) (continued on next page) 58 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 17. Live Birth (continued) Live Birth: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea How births at home Legal representative of child Parent(s), legal guardian, or No difference from births at No difference from births at are to be registered shall submit application at person who takes care of health facilities health facilities and birth certificates VS office (Art. 23(1)) child must register birth at issued, including who administrative office nearest is responsible for principle residence (Arts. notification of birth to 26(1) & 28(1)) civil registrar If child is abandoned or unknown, any person who knows this information must report to nearest police or relevant government organ (Arts. 26(2) & 28(2)) Certificates of registration provided by administrative body and given to the person who has registered birth (Arts. 47 & 24 Particulars of Records of Birth) Designation of a No specific provision, but Father or mother; if Father or mother; if When born within wedlock: legally responsible law provides for registration unavailable, legal guardian unavailable, grandfather, father or mother; born out informant (who must by guardian (see Art. 23(2)) or person taking care of grandmother, another of wedlock, mother; parents report birth and child; if unavailable, any relative, individual or not available, relative living alternate informants if person who knows about organization caring for child with child, doctor, midwife, primary informant not parents, legal guardian, or (Art. 15) anyone involved in delivery available) person taking care of child; (Art. 46) if unavailable police officer or any other government organ (Art. 26) Nature and content of Information about child: Child’s full name, sex, date Information about child: 1. Name, origin of surname, notification form of birth, place of birth, type sex, original domicile of • Name, sex, date of birth, Family, middle, first name; of birth, aid rendered during child personal identification sex; birthdate; birthplace; birth 2. Whether child born in or code, place of birth, native place; ethnicity; out of wedlock citizenship of child Parents’ full names, date citizenship 3. Date and place of birth • Personal identification and place of birth, principal Information about parents: 4. Name, origin of code of mother and/or residence, marital status, surname, original father citizenship, religion, ethnic Full name, birth year, domicile and resident • Right of custody (Art. origin, if alive, signatures ethnicity, citizenship, place registration number of 22(1)) of residence, personal Other than parent: parents (name, date of identification number (Art. declarant’s full name, birth, nationality, alien 14) relationship to child, registration number sex, date and place of if father or mother is birth, principal residence, foreigner)In cases of signature agreements pursuant to the proviso to Article 781 (1) of the Civil Act, such fact (continued on next page) Comparison and Conclusion 59 Table 17. Live Birth (continued) Live Birth: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Nature and content of Information about Name and signature of 5. If child has notification form applicant: civil status officer, seal of multinationality, such fact (continued) administrative office, date of and foreign nationality • Name, personal registrationOther information that child has acquired identification code appropriate federal organ (Art. 44–2) (in absence thereof, deems necessary (Art. 24) date of birth and sex), clearly worded content If abandoned, name given of application, place of to child, sex, estimated birth, data on residence, age, date and place where contact details (including child found, “abandoned telephone number, child” written on back of e-mail address), registration form (Art. 25) citizenship, marital status, nationality, mother tongue, education, area of activity Time allowed for One month after birth but, 90 days from birth (Art. 60 days from birth One month from birth registering birth with good reason, can be 18(2)) (Art. 44–1) extended to up to 2 months (Art. 23(1)) Minimal supporting No difference between Particulars or records of No difference between No difference between documents required if registration within allowed birth must be provided when within-time and delayed within-time and delayed birth registered within time period and late and registered in the allotted registration registration allowed time period; delayed registration time additional supporting Delayed registration: documents required justification, by evidence, for for late and delayed delay (Art. 18(3)) registration Core and noncore Law does not differentiate In addition to information In addition to information In addition to information information to be core from noncore listed on particulars of listed on registration form, listed on registration form, collected information; child and records, no difference no difference between core no difference between core applicant information between core and noncore and noncore information and noncore information described above should be information collected Core: child’s full name, sex, Applicant information not date and place of birth, required if registered by type of birth, aid rendered; guardian (Art. 23(2)) parents’ names, principal residence, marital status (Art. 24(1) & (2)) If applicant is not parent(s), name, relation to child, sex, date and place of birth, principal residence (Art. 24(3)) (continued on next page) 60 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 17. Live Birth (continued) Live Birth: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Core and noncore Abandoned child: name, information to be sex, estimated age, date collected and place where child found (continued) (Art. 25) Noncore: citizenship & ethnic origin of parents (Art. 24(1)) Whether fees are No fees charged to Fees charged for Fees charged only for None charged. registration applicant replacement for loss and delayed registration damage (Art. 47(6)) (Art. 11-b) Costs of registration of births as costs of state Can be inferred that are no functions performed charges for registration of by local governments vital events shall be compensated to rural municipality or city governments from state budget in amount that government of republic establishes (Art. 3(3)) Penalties for not No specific provision Art. 66 If registered with false Administrative fines: KRW complying with birth information, may be subject 50,000 (Art. 122) Punishment for failing to registration to administrative penalties or declare is imprisonment penal liability (Art. 12) of a term not exceeding 6 months or a fine between Civil servants may be 500 and 5,000 BIRR disciplined as well (Art. 12) For falsifying or concealing fact(s): simple imprisonment from 1 to 5 years Using forged or falsified certificate: rigorous imprisonment from 5 to 10 years Making forged or falsified certificate: rigorous imprisonment from 7 to 15 years; if are civil servants or officials, can be extended to 25 years Falsifying data collected through alteration, modification or deletion of content: 10 to 25 years Damaging, destroying, suppressing, or unlawfully accessing data collected: rigorous imprisonment from 10 to 25 years Comparison and Conclusion 61 Table 19. Death and Fetal Death Death: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Death registration Continuous: Vital statistic Continuous: Registration Continuous: Update Continuous: Record may must be continuous, offices should change and of events on application by electronically (Art. 5–5) be changed according to permanent, correct death registration interested person (Art. 67(4)) Supreme Court rules (Art. Compulsory: Obligation of all compulsory, universal, data (Art. 35) 10–2) Corrections to register of citizens and residents (Art. and confidential Compulsory: Spouse, civil status (Arts. 49–54) 6–1) Permanent: Computerized relative, or relative by information processing Permanent: proper Universal: Commune- or marriage of deceased system (Art. 11–1) preservation (Art. 6(2)(d) & district-level coverage person, etc. shall submit Art. 11(2) & Art. 65) Compulsory: Lifetime events application for registration of to be recorded in family death (Art. 33(1)) Compulsory: obligation for relationship record (Art. any Ethiopian (Proclamation Universal: Death should be 9–2–3) No. 760/2012 Art. 3(1) & registered (if person dies in (2)) Universal: Covering all parts Estonia; last residence of of country the person deceased in a Universal: Established or foreign state was Estonia; or designated according to Confidential: Registration person who died in foreign region (regional level) and records shall not be used state was Estonian citizen) transfer to federal level for anything other than (Art. 31(2)) (Art. 5) prescribed in law (Art. 11–6) Confidential: VS offices Confidentiality: Conditions of required to comply with disclosure of information to principles of purposefulness other organs (Art. 64) and restrictive use (Personal Data Protection Act Art. 6) Every death occurring No specific provision Application of law applies to None Compulsory registration: Art. in territory should be any Ethiopian (Art. 3(1)) 9–2–3 registered Every death should be Should be registered if None Applies also to foreign None registered irrespective person who died abroad permanent residents (Art. of citizenship of resided in Estonia (Art. 6–1) and foreigners (Art. 51) deceased or parents 31(1)) Deaths of foreign No specific provision, but None None None nationals police officer or another person with information concerning death of a person can submit application for death (see Art. 33(1)) How to register Consular officers register Embassies and consulates District-level people’s Notify district-level office deaths of nationals death on basis of foreign VS abroad (Art. 7) committees of last places where original domicile of abroad documents (Art. 3(5)) of residence of deceased person who died is located Ships at sea (Art. 8) persons shall register deaths or family relation registration Active-duty defense force of foreigners (Art. 51) office for Korean citizens (Art. 9) residing abroad (Art. 87) (continued on next page) 62 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 19. Death and Fetal Death (continued) Death: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Place of registration Relevant county and city or Nearest administrative office Commune-level people’s place of death, burial or for deaths (according rural municipality should to principal residence of committees of last place cremation: when place of to place of occurrence be registered as place of deceased of residence of deceased death is uncertain, the at the or usual residence) death, burial, and finding person shall register death; place where the corpse was Unknown identity or principal (Art. 32(6)) if last place of residence first found residence of deceased cannot be identified, nearest administrative office commune-level people’s where corpse found committee of place where For death in common person dies or body is found dwelling place, prison, shall register death (Art. 32) or health institution, administrative office nearest institution reporting death (Art. 43) Special No specific provision No specific provisions No specific provision for No specific provision for circumstances, special circumstances special circumstances such as refugees, involving refugees, undocumented undocumented migrants, migrants, internally internally displaced persons, displaced persons, stateless persons, or stateless persons, nomadic persons; but for nomadic populations death of person with no relative, head of district-level office takes charge (Art. 88–2) If deceased is unrecognizable, national police officer notifies head of district-level office (Art. 90) Registration of death No specific provision Ships at sea (Art. 8) None If death occurs in train occurring in moving or any other means of vehicle (e.g., train, transportation, place where airplane, ship) corpse was taken off such means of transportation, and if death occurs on a ship that does not keep a logbook, port at which ship first arrived (Art. 86) How deaths at Head of an institution Health facility: head None Medical doctor, oriental health facilities are providing health care of institution prepares medical practitioner, or to be reported and services shall submit certificate of death and gives dentist may issue death registered and death application for registration of to person with responsibility certificate; relative of certificates issued, death (Art. 33(1)) to declare death according deceased who has lived with including who is to Art. 39 (Art. 41) the person must register responsible for death, with death certificate reporting death to civil registrar (continued on next page) Comparison and Conclusion 63 Table 19. Death and Fetal Death (continued) Death: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea How deaths at home Spouse, relative, or relative No special provision for No special provision for Same as death in health are to be reported by marriage of deceased death at home; spouse, death at home; spouse, facility; cohabitating relative and registered and person shall submit child, parent, another child, parent, or another must report death death certificates application for registration of relative, or close neighbor relative of deceased shall issued, including who death (Art. 33(1)) of deceased shall register register death; if no relative, is responsible for death; if no relative, representative of related reporting death to civil representative of related agency, organization, or registrar agency, organization, or person shall register death person shall register death (Art. 33) (Art. 39) Suspected homicide No specific provision Nonnatural death not None None specifically provided for, but general provisions exist Police have 3 days to report accidental death or death with unknown cause (Art. 39(3)) Health institution will examine corpse brought in and prepare certificate of death for police (Art. 41(3)) Designation of Spouse, relative, or relative Art. 39: Spouse, child, parent, or Cohabiting relative should legally responsible by marriage of deceased another relative of deceased file; if not available, person Any person who used to live informant (who needs person; head of institution shall register the death; if who manages place of with deceased to report death and providing health care no relative, representative of death or head of district alternate informants if services; police officer; Absence of persons who related agency, organization, level where death occurred primary informant not or another person with lived with deceased, or person shall register (Art. 85) available) information about the death relatives by consanguinity or death (Art. 33) (Art. 33(1)) affinity, close neighbors or any person who know about the death Police Nature and content Name and personal Full name, title, sex, age, Declarations and death Content of notification form: of notification form, identification code of occupation, principal notices shall be submitted 1. Name, sex, original including burial permit deceased person, place residence, citizenship, (Art. 34) domicile, citizen and time of death, where ethnic origin, and religion of registration number of deceased person was deceased deceased found if place of death Date, place, and cause 2. Date and place of death unknown, place of burial, of death and reference to (Art. 84–2) changes in right of custody evidence of death (if this due to death, termination Burial permit: None exists) of marriage, name and personal identification Name and signature of code of person submitting civil status officer, seal of application for registration administrative office, date of of death registration (Art. 38) (continued on next page) 64 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 19. Death and Fetal Death (continued) Death: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Time allowed for No specific provision 30 days after death unless Within 15 days of death Within 1 month of date on registering deaths sufficient cause for delay (Art. 33) which person becomes (Art. 18(1)) aware of death (Art. 84–1) Death of person in boarding school or any common dwelling place or in prison or by death sentence: 5 days (Art. 41(1) & (2)) Minimal supporting No difference between Only particulars through a Declaration and death Documents: medical or documents required registration within allowed registration form (Art. 19(2)) notices must be submitted death certificate (Art. 84–1) if death is registered time period and late and (Art. 34) Late and delayed within allowed time delayed registration registration: No provisions period; additional supporting documents required for late and delayed registration Core and noncore Law does not differentiate No differentiation between Not specified Not specified information to be core from noncore core and noncore collected information; information information; information described above should be provided specified in collected particulars of records for each vital event Whether fees are State fee must be paid for Fees charged for Fees charged only for Fees charged only for charged issuance of death certificate replacement from loss and delayed registration (Art. delayed registration (Art. according to rate provided damage (Art. 47(6)) 11-b) 122) for in State Fees Act (Art. 36(5)) Penalties for not No specific provision Art. 66 If registered with false None complying with death information, may be Punishment for failing to registration declare is imprisonment subject to administrative of a term not exceeding penalties or penal liability 6 months or a fine of 500 (Art. 12) BIRR to 5,000 BIRR Civil servants may be For falsifying or concealing disciplined as well (Art. 12) fact(s): simple imprisonment from 1 to 5 years Using forged or falsified certificate: rigorous imprisonment from 5 to 10 years Making forged or falsified certificate: rigorous imprisonment from 7 to 15 years; in case of civil servants or officials, can be extended to 25 years (continued on next page) Comparison and Conclusion 65 Table 19. Death and Fetal Death (continued) Death: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Penalties for not Falsifying data collected complying with death through alteration, registration modification, or deletion of (continued) content: 10 to 25 years Damaging, destroying, suppressing or unlawfully accessing data collected: rigorous imprisonment: 10 to 25 years Format for registration VS entries shall be Set form used (Art. 19(2)). Set form used (Art. 34 and Head of district-level office form and register, registered in population 52). When registration is shall process registration Registration is manual in including whether register (Art. 7(11)) filed manually, record will through computerized administrative office nearest electronic or manual, be filed electronically in civil information processing to where person died (Art. because civil status database (Art. 34) system (Art. 11–1) that is 43) registration has dual run throughout state and function of providing Region organ prepares and regulated according to legal documents distributes register of civil Supreme Court rules (Art. to individuals and status with appropriate 12–1) collecting statistical federal organ and sends to information on all administrative offices (Art. vital events occurring 11 & 13) in country; standard forms should be used uniformly throughout country or territory. Trained physicians Attending physician or Head of medical institution None Only medical doctor or to provide medical doctor on call establishes prepares death certificate oriental medical practitioner certificate of cause death of a person at a and specifies cause of death may provide medical of death in health hospital (ECDA Art. 3(2)) (Art. 41(3)) certificate of cause of facilities death. When medical Doctor who receives notice personnel who has treated of death immediately or examined the deceased is performs external unable to issue a certificate examination of person because of extenuating to establish death and circumstances, any other ascertain cause (ECDA Art. medical doctor or oriental 7(1)) medical practitioner who Doctor who establishes works at the medical cause of death shall issue institution may issue a medical death certificate to certificate based on the persons close to deceased medical records (Medical or legal representative Service Act Art. 17–2) (ECDA Art. 8(1)) Minister responsible for area must provide format of medical death certificate and procedure for completing it (ECDA Art. 8(4)) (continued on next page) 66 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 19. Death and Fetal Death (continued) Death: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Whether death A certified extract of None None Enforcement rule of Medical registration certificate personal name, personal Service Act Art. 10 given to deceased’s identification code, and family should include date of birth of deceased details about cause person; time of death and of of death registration of death; and the number of entry should be issued (Art. 36(1)) Circumstances Canceling the data Clerical mistakes: civil None Original registrant must and processes concerning the death officer request of interested file for modification or for modifying entered in the population party to make corrections annotation as needed or annotating register on the basis of a to particulars of register; if Head of district level may registration record, court ruling on annulment of correction involves deletion make changes if original including for errors the ruling on declaration of of a word or number, it must registrant is not available and disputed entries death (Art. 35(1)) be done so that the deleted only with permission from word or number is still Canceling or changing the supervisory court legible; if correction affects data concerning the death if all copies of registration it is proven that the person form, civil officer must give whose death was registered notice to all bodies that is alive; the death of a wrong received copies (Art. 49) person has been registered; or it is clear that the death Corrections other than has been registered without clerical mistakes cannot be basis for other reasons, etc. made except through court (Art. 35(2)) judgment (Art. 50) Public prosecutor, civil status officer, or any interested person can petition court for correction (Art. 51) Manner in which corrections are entered (Art. 53) Creating new records (Art. 54) Fetal Death No separate law on fetal death. Depending on extent to which law defines death (inclusive of fetal death?) the same provisions or lack of provision for specified matters will be identical to or must be separate from existing provisions for registration of death Comparison and Conclusion 67 Table 20. Marriage Marriage: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Types of marriages Marriage is considered to Three types of marriages: Only one type specified— Only one type specified (Civil have been contracted if between a man and a Act Art. 807) Before a civil status officer performed by a VS official, woman who register their which may include notaries Religious marriage marriage at the civil status and ministers of religion who registration agency at the According to custom are entitled to perform VS commune-level people’s procedure (Family Law Act Celebrated abroad committee (Art. 17, 18) Sec. 7(1)) Family Code 2000, Arts. 1–5) Marriage should be VS official makes marriage Civil marriage: officiant must Registering at civil status Take effect by reporting (Civil registered entry and then forwards for register marriage (Art. 31(1)) registration agency Act Art. 812) population register Religious or customary completes marriage (Art. 18) Marriage registration (Art. marriage: couple registers 71) (Art. 31(2)) Place of registration County government is Place where couple has Place of residence of bride Original domicile of person of marriage VS office (Sec. 3(2)) and jointly decided, where either or groom (Art. 17) directly involved in reporting (according to place of shall enter marriages spouse used to reside, or at domicile or current occurrence or usual in population register or principal residence of address of person who files residence) (Sec. 7(1)); if minister parents or close relative of report (Art. 20–1) of religion officiates, either spouse (Art. 32) county government of registered office of religious congregation (Sec. 42(7)) shall enter marriage Special circumstances Foreigners must prove None Same registration obligation None such as refugees, legal status in Estonia (Sec. applies to Vietnamese undocumented 38(3)), except citizens of EU citizens, stateless persons, migrants, internally member states (Sec. 38(4)) and foreign citizens displaced persons, permanently residing in stateless persons, Vietnam (Art. 6) nomadic populations Time allowed for If officiated by vital statistics Immediately, when officiated Registration of marriage is No period of time for registering marriages official, marriage shall be by officer of civil status (Art. same as officiating marriage, registration set registered in population 31(1)); for other marriages, so no period of time for register on date of marriage application of general registration set or following working day provision of 30 days (Art. (Vital Statistic Registration 18(1)) Act Sec. 42(1)) If officiated by minister of religion, within 3 working days of marriage, forward marriage entry paper to county government, and county government shall transfer data to population register by following working day (VSRA Sec. 42(7) (continued on next page) 68 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 20. Marriage (continued) Marriage: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Minimal supporting Birth certificates of spouses, Marriage registration Marriage registration No registration documents documents required documents showing legal particulars required (Art. 30) declaration required (Art. 18) required for general termination of any previous marriage registration For religious or customary marriage (Sec. 38(1)) marriage, religious institution Marriage by court decision: Certificate of legal capacity of elders observing marriage If a court decision on to marry (Sec. 39) provides evidence (Art. 33) conformation of existence of de facto marital relations has been affirmed, the person who filed such action shall file a report, attaching certified copy of written judgment and certificate of final decision within 1 month of date of such final decision (Art. 72) Nature and content of Application for marriage Couple’s full name, date, Marriage certificates contain 1. Name, origin of marriage form is a form expressing place of birth, principal information on family, surname, date of birth, applicants’ wish to marry residence, citizenship, ethnic middle, and first names, resident registration and confirming that there is origin and religion; date, date of birth, ethnicity, number, and original no hindrance (Sec. 37(2)) place, and form of marriage; citizenship, place of domicile of parties to couple’s signature; evidence residence, information about marriage (name, date or names and principal personal identity papers of of birth, nationality, residences of witnesses couple, date of marriage and alien registration of marriage; name and registration, signatures or number when any signature of civil status fingerprints of couple; and party to a marriage is a officer, seal of administrative certification of civil status foreigner)Name, original office, date of registration registration agency (Art. 17) domicile, and resident (Art. 30) registration number of parents and adoptive For religious or customary parents of parties to marriage, names, ages, marriage and principal residence 2. If is agreement to of couple; date and place name the baby with the of marriage; names and mother’s surname principal residences of 3. That the marriage is witnesses (Art. 33) not a consanguineous marriage Arrangements Consular officer may issue Ethiopian embassies and Representative missions Report may be made at for registration of certificate of legal capacity consulates or, if there is no shall register marriage of family relation registration marriages taking to marry (Sec. 40(1)). embassy or consulate in the Vietnamese citizens residing office for Korean citizens place abroad foreign country, it is to be abroad (Art. 7–3) residing abroad (Art. 20–1) Foreign missions of Estonia decided by directive by the are specified as VS offices appropriate federal organ (Sec. 3(2)) with consultations with the Ministry of Foreign Affairs (Art. 7) (continued on next page) Comparison and Conclusion 69 Table 20. Marriage (continued) Marriage: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Core and noncore Core: Birth certificates No differentiation No division of information No classification information to be of spouses, documents between core and into core and noncore collected showing legal termination of noncore eventsCore: any previous marriage (Sec. Date of occurrence, date 38(1) of registration, place of occurrence, place of Certificate of legal capacity registration, date of birth of to marry each spouse, place of usual Name of state to which residence, name of each certificate of legal capacity partner (Art. 30(1)) to marry is to be presented, Noncore: citizenship, ethnic and name, sex, personal origin, religion, form of identification code, date and marriage, evidence or names place of birth, residence, and principal residences of marital status of couple witnesses of marriage (Art. (Sec. 40(2)) 30(1) & (4)) Noncore: Information on number of marriage to be contracted, data on cohabitation preceding marriage, number of children to be living with couple after marriage is collected for statistical purposes and is voluntary (Sec. 37(2), (3)). Minimum age 18 (15 with court’s Minimum age for man or The man has reached the Marriageable age: 18 years for marriage in permission) (Family Law Act woman is 18 (Art. 6, Family age of 20, the woman has or older (Civil Act Art.807) accordance with Sec. 1(3)) Code 2000) reached the age of 18 (Art. A minor shall obtain consent UN convention on 9 of the Marriage and Family of both parents or guardian consent to marriage Law, No. 22/2000/QH10 of to marry (Civil Act Art. June 9, 2000) 808–1) Whether fees are Fee to be paid for marriage Fees charged for No fee for marriage of No fee for marriage charged entry (Sec. 42(9)) and replacement from loss and Vietnamese citizens residing issuance of certificates damage (Art. 47(6)) in the country (Art. 11–1-b) Implication that there are no fees for registration of vital events (continued on next page) 70 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 20. Marriage (continued) Marriage: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Penalties for not If minister of religion granted Art. 66 None specified None specified complying with right to act as VS official fails Punishment for failing to marriage registration to perform legal duties of declare is imprisonment registration, the right may be of a term not exceeding revoked (Sec. 5) 6 months or a fine of 500 BIRR to 5000 BIRR For falsifying or concealing fact(s): simple imprisonment from 1 to 5 years Using forged or falsified certificate: rigorous imprisonment for 5 to 10 years Making forged or falsified certificate: rigorous imprisonment for 7 to 15 years; in the case of civil servants or officials, can be extended to 25 years Falsifying data collected through alteration, modification, or deletion of content: 10 to 25 years Damaging, destroying, suppressing, or unlawfully accessing data collected: rigorous imprisonment for 10 to 25 years Format for registration Electronic registration— Set form is used (Art. 19(2)). Standard form of marriage Set forms provided in form and register, register online or forward declaration is used, then Supreme Court rules Registration is manual in including whether data through data information is registered (Art. 24) nearest administrative office electronic or manual, communication network in civil book and electronic (Art. 43) because CR has dual (Population Register Act database function of providing Sec. 29) Region organ prepares legal documents and distributes civil status to individuals and register with appropriate collecting statistical federal organ and then information on all vital sends it to all administrative events occurring in offices (Arts. 11 & 13) the country (continued on next page) Comparison and Conclusion 71 Table 20. Marriage (continued) Marriage: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Circumstances For obvious inaccuracies, VS Clerical mistakes: civil officer State agency can make Original registrant files for and processes office can correct by filing request of interested party to corrections when the civil modification or annotation for modifying correction application or ex make corrections to register; status registration shows as neededHead of district or annotating officio (Sec. 12) if correction involves deleting error (Art. 4–12) level may make changes registration record, a word or number, it must be if original registrant is Other changes may be Requester shall submit including for name done so that the canceled not available only with made by application, declaration on changes changes, errors, and word or number is still leg- permission of supervisory court judgement, VS office to be recorded with other disputed entries ible; if correction affects all court decision, or other certifying necessary documentary copies of registration form, documents (Sec. 13) evidence; if all requirements civil officer must give notice are met, civil officer shall to all bodies that received record such change in civil copies (Art. 49) status book (Art. 28) Corrections other than clerical mistakes cannot be made except through judg- ment of the court (Art. 50) To apply for correction, public prosecutor, civil status officer, or any interested person can petition the court (Art. 51) Manner in which corrections are entered (Art. 53) Creating new records (Art. 54) 72 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 21. Divorce Divorce: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Divorce should be Divorce shall immediately One or both partners Court settling divorce must Registration must be filed registered be registered in population must present decision of send judgment to registering to make divorce legally register (Sec. 46(3)) competent court on divorce agency (Art. 57–2 of effective (Civil Act Art. 836) and present such document MFL); marrying a married to civil status officer within person who is not divorced specified time under Art. already (and registered so) 18(1) (Art. 35) is prohibited (Art. 10 MFL), and the civil office registers changes on civil status (Art. 26) Place of registration No specification regarding Administrative office nearest Agency registers marriage At original domicile of for divorce (according domicile or place of to place where divorce as provided in Marriage and person directly involved in to place of occurrence occurrence occurred (Art. 36) Family Law (Art. 57–2 of such reporting or domicile or usual residence) MFL) or current address of person who files report (Art. 20–1) Special No specific provision None None (no divorce-specific None circumstances, such provisions in Law on as for refugees, Civil Status, no relevant undocumented information in Marriage and migrants, internally Family Law) displaced persons, stateless persons, and nomadic populations Time allowed for Same-day registration (Sec. 30 days from date of divorce None (no divorce-specific Report of divorce by registering divorces 46, 48) (Art. 18(1)) provisions in Law on Civil agreement shall be filed Status; Marriage and Family within 3 months of date on Law provides no time limit) which family court issues or delivers certified copy of confirmation, attaching certified copy of confirmation (Art. 75) Nature and content of Application for divorce must Full name, date and place None (no divorce-specific Report of divorce shall divorce form be filed jointly, expressing of birth, principal residence, provisions in Law on include the following wish to divorce and citizenship, ethnic origin, Civil Status or relevant information: confirming no disputes; religion of divorcing information in Marriage and 1. Name, origin of application must list time partners; date and place of Family Law) surname, date of birth, and place of marriage, conclusion of marriage and resident registration, surname after divorce if date of divorce; reference number and original wishes to restore, number to decision of competent domicile of parties of marriage being dissolved, court for divorce; name to a divorce (name, and number of joint children and signature of civil status nationality, and alien (Sec. 44) officer, seal of administrative registration number office, date of registration when any party to divorce is a foreigner) (continued on next page) Comparison and Conclusion 73 Table 21. Divorce (continued) Divorce: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Nature and content of 2. Name, original divorce form domicile, and resident (continued) registration number of parents and adoptive parents of parties to divorce 3. If person with parental authority is determined in accordance with Article 909 (4) and (5) of Civil Act, details thereof (Art. 74) Arrangements Consular officers may make No specified provision within None (no divorce-specific If person does not reside for registration of entries by foreign divorce subsection 4: Registration provisions in Law on in state, such confirmation divorces taking place documents (Sec. 3(5)) of Divorce, but general Civil Status or relevant shall be made at the Seoul abroad provision within definition of information in Marriage and Family Court (Art. 75–1) officers of civil status (Art. 7) Family Law) Core and noncore Core: Time and place of Core: Date of occurrence, None (no divorce-specific No classification information to be marriage, surname after date of registration, date of provisions in Law on collected divorce if wishes to restore, birth of both partners, place Civil Status or relevant marriage certificate, of registration, place of usual information in Marriage and notarized application residence date of marriage Family Law) explaining inevitable Noncore: place of birth, absence of one spouse, if a ethnic origin, and religion of spouse is not available each partner, citizenship (Art. Noncore: number of 34(1) & (2)) marriage being dissolved, number of joint children (Sec. 44) Minimal supporting Divorce application, Court rendering decision for None (no divorce-specific Divorce by agreement: documents required marriage certificate (Sec. 44) divorce must provide copies provisions in Law on Family court issues or to each divorcing partner Civil Status or relevant delivers certified copy of (Art. 37) information in Marriage and confirmation is, attaching Family Law) certified copy of confirmation (Art. 75–2) Whether fees are State fee paid for divorce No specified provisions None (no divorce-specific None charged entry (Sec. 48) provisions in Law on Civil Status or relevant information in Marriage and Family Law) Penalties for not None; VS office will enter Fees charged for None (no divorce-specific None complying with divorce replacement from loss and provisions in Law on divorce registration damage (Art. 47(6)) Civil Status or relevant information in Marriage and Family Law) (continued on next page) 74 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 21. Divorce (continued) Divorce: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Format for registration Electronic registration— Set form is used (Art. 19(2)). None (no divorce-specific Format for registration form form and register, register online or forward provisions in Law on and register (Art. 74) Registration is manual in including whether data through data Civil Status or relevant nearest administrative office electronic or manual, communication network information in Marriage and (Art. 43) because CR has dual (Population Register Act Family Law) function of providing Sec. 29) Region organ prepares and legal documents distributes register of civil to individuals and status with appropriate collecting statistical federal organ and sends information on all vital to all administrative offices events occurring in (Arts. 11 & 13) the country Circumstances For obvious inaccuracies, Clerical mistakes: civil None (no divorce-specific Original registrant is to file and processes VS office can correct by officer request of interested provisions in Law on for modification/annotation for modifying or correction application or ex party to make corrections Civil Status or relevant as needed. annotating the officio (Sec. 12) to particulars of register; if information in Marriage and Head of the District Level registration record correction involves deletion Family Law) Other changes may be may make changes, if of word or number, it must made by application, the original registrant is be done so that the deleted court judgement, VS office not available, only with word or number is still decision, or other certifying the permission from the legible; if correction affects documents (Sec. 13) supervisory court. all copies of registration form, civil officer must give notice to all bodies that received copies (Art. 49) Corrections other than clerical mistakes cannot be corrected except through judgment of court (Art. 50) To apply for correction, public prosecutor, civil status officer, or any interested person may petition court (Art. 51) Manner in which corrections are entered (Art. 53) Creating new records (Art. 54) Comparison and Conclusion 75 Table 22. Annulment and Judicial Separation Annulment and Judicial Separation: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Annulment should be Should be registered in No specified provisions for None (no divorce-specific Person who filed such report registered Population Register (Art. registration of annulment provisions in Law on or party to reporting case 7(11)) Civil Status or relevant may apply for rectification information in Marriage and of register after obtaining Family Law) permission of family court with jurisdiction over original domicile of person to the case (Art. 105) Place of registration County governments No specified provisions Deciding court sends Original domicile of person for annulment (Art. 3(4)) annulment decision to directly involved in reporting (according to place of agency where marriage or domicile or current occurrence or usual registered (Art. 11 of MFL) address of person who files residence) report (Art. 20–1) Special No specific provision No specified provisions None None circumstances, such as for refugees, undocumented migrants, internally displaced persons, stateless persons, and nomadic populations Time allowed No expiry of claims for No specified provisions None Within 1 month of date of for registering annulment (FLA Art. 13(1)) final court decision (Art. 107) annulments Claim for annulment of marriage may be filed within 1 year of restoration of the capability to exercise his or her will or within 1 year of discovery of mistake, fraud, or termination of influence of threat or violation annulment (FLA Art. 13(2)) Nature and content of No specific provision, but No specified provisions None Supreme Court rules annulment form application for performance prescribe report forms; when of VS procedures should report on registration of be submitted so VS entry is family relations substitutes made (Art. 9(1), (3)) for any report prescribed in other statutes, when Supreme Court prescribes relevant report forms, it shall consult in advance with heads of relevant ministries and offices (Art. 24) (continued on next page) 76 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 22. Annulment and Judicial Separation (continued) Annulment and Judicial Separation: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Nature and content of Following matters shall be annulment form entered in report; person (continued) who files report shall write name on report, sign name, and affix his/her seal thereto: 1. Events to be reported 2. Date of report 3. Date of birth, citizen registration number, original domicile, address of person filing report 4. Original domicile, address, name, date of birth, and citizen registration number of person to such reporting if person filing report is someone other than the person to the reporting. 5. If citizen registration number was entered in report document when report document was prepared pursuant to this Act, date of birth may be omitted (Art. 25) Arrangements Consular officers make No specified provisions None At family relation registration for registration of entries on basis of foreign office for Korean citizens annulments taking VS documents and issue residing abroad (Art. 20–1) place abroad extracts of such data (Art. 3(5)) Core and noncore No specific provision, but No specified provisions No classification No classification information to be in addition to other data collected required by law, application submitted to VS office should set out following data on applicant (Art. 9(5)): Personal name Personal identification code; in absence thereof, date of birth and sex Clearly worded content of application (continued on next page) Comparison and Conclusion 77 Table 22. Annulment and Judicial Separation (continued) Annulment and Judicial Separation: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Core and noncore Information on place of birth information to be Data on residence collected (continued) Contact details, including telephone number and e-mail address Citizenship Marital status Nationality Native language Education Area of activity Minimal supporting No specific provision No specified provisions None Rectification of register shall documents required be applied with ceartified copy of written judgement attached thereto (Art. 106) Whether fees are No specific provision No specified provisions None None charged. Penalties for No specific provision No specified provisions None None not complying with annulment registration Format for registration No specific provision No specified provisions None None form and register, including whether electronic or manual, because CR has dual function of providing legal documents to individuals and collecting statistical information on all vital events occurring in the country (continued on next page) 78 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 22. Annulment and Judicial Separation (continued) Annulment and Judicial Separation: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Circumstances No specific provision No specified provisions None Original registrant files for and processes modification or annotation for modifying as neededHead of district or annotating level may make changes registration record if original registrant is not available only with permission from supervisory court Judicial separation No such provisions exist Comparison and Conclusion 79 Table 23. Adoption Adoption: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Adoption registration Continuous: VS data should No provisions for adoption Continuous: Update Continuous: Record may must be continuous, be changed and corrected registration in CVRS or electronically (Art. 5–5) be changed according to permanent, (Art. 11) Family Code 2000 Supreme Court Rules (Art. Compulsory: Obligation for compulsory, universal, 10–2) Compulsory: VS data should all citizens and residents and confidential be registered in population (Art. 6–1) Permanent: Computerized register (Art. 2(3)) information processing Universal: Commune- or system (Art. 11–1) district-level coverage Compulsory: Lifetime events must be recorded on family relationship record (Art. 9–2–3) Universal: Covering whole country Confidential: Registration records shall not be used for anything other than prescribed in law (Art. 11–6) Every adoption No specific provision No provisions for adoption Common-level people’s None occurring in territory registration in CVRS or committee organizes should be registered Family Code 2000 adoption and records in irrespective of civil status book (Art. 22 of citizenship of parents Adoption Law) How to register Consular officers make No provisions for adoption For Vietnamese child At family relation registration adoptions to nationals entries on basis of foreign registration in CVRS or adopted by parents abroad, office for Korean citizens that have occurred VS documents and issue Family Code 2000 justice department records residing abroad (Art. 20–1) abroad extracts of such data (Art. and issues certificate (Art. 3(5)) 37, 38 of AL) For foreign child adopted by Vietnamese citizen living abroad, Vietnamese parents register process with provincial-level Justice Department (Art. 40 of AL) Place of registration County governments (Art. There are no such provisions Domestic adoption: At original domicile of for adoptions 3(4)) as to adoption registration Common-level people’s person directly involved (according to place of in the CVRS or in the Family committee (Art. 22 of AL) in reporting or domicile or occurrence or usual Code 2000 current address of person Intercountry adoption: residence) who files report (Art. 20–1) Justice Department (Art. 37 of AL) (Art. 40 of AL) (continued on next page) 80 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 23. Adoption (continued) Adoption: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Special No specific provision No provisions for adoption None None circumstances, such registration in CVRS or as for refugees, Family Code 2000 undocumented migrants, internally displaced persons, stateless persons, and nomadic populations How adoptions at No specific provision No provisions for adoption Domestic adoption: If a person to be adopted agencies are to registration in CVRS or Common-Level People’s is younger than 13 years be registered and Family Code 2000 Committee (Art. 22 of AL) of age, his/her legal adoption certificates representative shall permit Intercountry adoption: issued, including adoption on his/her behalf Justice Department (Art. 37 who is responsible (Civil Act Art. 869–2) of AL), (Art. 40 of AL) for notification of Responsible for notification: adoption to civil Legal representative who registrar assented to adoption shall file report of adoption. (Art. 62) Certificate of adoptive relations (Art. 15–1–4) How adoptions No specific provision No provisions for adoption Government agency Court does not issue at court are to be registration in CVRS or predominantly arranges and certificate registered and Family Code 2000, although decides adoptions; the law Report of adoption: adoption certificates is silent on court-involved powers of court in issued, including scenario. 1. If adoptee is younger investigation of whether a who is responsible than 13 years of age, person is suitable to adopt for notification of legal representative provided for in Art. 194 adoption to civil who assented to Family Code 2000 registrar adoption shall file report of adoption 2. If minor is adopted, written permission of family court shall be attached 3. If judgement in lieu of consent of parents is rendered, written statement of family court’s judgement shall be attached (Art. 62) (continued on next page) Comparison and Conclusion 81 Table 23. Adoption (continued) Adoption: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Designation of legally No specific provision No provisions for adoption Because government agency None responsible informant registration in CVRS or always involved in adoption (who needs to Family Code 2000 processes, decision- report adoption and making body responsible alternate informants if for initiating registration of primary informant not adoption available) Nature and content of No specific provision No provisions for adoption None Matters to be entered in notification form registration in CVRS or report of adoption Family Code 2000 4. Name, origin of surname, date of birth, resident registration number, and original domicile of person to adoption (name, date of birth, nationality, alien registration number if person to adoption is a foreigner), sex of adoptee 5. Name, resident registration number, and original domicile of birth parents (Art. 61) Time allowed for No specific provision No provisions for adoption None None registering adoptions registration in CVRS or Family Code 2000 Minimal supporting No specific provision No provisions for adoption None Permission of family court documents required if registration in CVRS or (Art. 62) adoption is registered Family Code 2000 No time period within allowed time period; additional No provisions for late and supporting documents delayed registration required for late and delayed registration Core and noncore No specific provision, but No provisions for adoption No classification No classification information to be consent of child, child’s registration in CVRS or collected parents or guardian, and Family Code 2000 spouse required (FLA Art. 151–154) (continued on next page) 82 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 23. Adoption (continued) Adoption: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Whether fees aree No specific provision No provisions for adoption No fees specified for None charged. registration in CVRS or registering adoption in civil Family Code 2000 status book; fees charged for adoption process (Art. 12 of AL) Penalties for not No specific provision No provisions for adoption None None complying with registration in CVRS or adoption registration Family Code 2000 Comparison and Conclusion 83 Table 24. Legitimation and Recognition Legitimation and Recognition: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Legitimation No specified provisions Recognition No specific provision, but No such provisions exist Continuous: Update Continuous: Record may registration must consent of mother of child electronically (Art. 5–5) be changed according to be continuous, required for recognition of Supreme Court rules (Art. Compulsory: Obligation for permanent, paternity (FLA Art. 89(2)) 10–2) all citizens and residents compulsory, universal, (Art. 6–1) Permanent: Computerized and confidential information processing Universal: Commune- or system (Art. 11–1) district-level coverage Compulsory: Lifetime events recorded on Family Relationship Record (Art. 9–2–3) Universal: Covering all of the country Confidential: Registration records shall not be used for anything other than prescribed in law (Art. 11–6) How to register No specific provision No such provisions exist No specific provision on At family relation registration recognition of recognition, but generally office for Korean citizens nationals that have changes on family residing abroad (Art. 20–1) occurred abroad abroad are recorded at representative mission abroad Place of registration No specific provision No such provisions exist Place of residence of At original domicile of for recognition parents or children (Art. 24) person directly involved (according to place in reporting or domicile or of occurrence or current address of person usual residence) who files report (Art. 20–1) Special No specific provision No such provisions exist None None circumstances, such as for refugees, undocumented migrants, internally displaced persons, stateless persons, and nomadic populations (continued on next page) 84 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Table 24. Legitimation and Recognition (continued) Legitimation and Recognition: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea How recognition at No specific provision No such provisions exist No involvement at court Father or mother (Civil Act court is registered specified Art.855) and recognition certificates issued, including who is responsible for notification of recognition to civil registrar Designation of No specific provision No such provisions exist None None legally responsible informant (who needs to report recognition and alternate informants if primary informant not available) Nature and content of No specific provision No such provisions exist Standard form (Art. 25–1); 1. Name, sex, date notification form content not specified in law of birth, resident registration number, and original domicile of child (name, sex, date of birth, nationality, alien registration number if child is a foreigner) 2. If a dead child is recognized, date of death and name, date of birth, resident registration number, and original domicile of the child’s lineal descendants 3. If a father recognizes a child, name, original domicile, and resident registration number of mother 4. If surname and origin of surname are maintained before recognition, purport and details thereof (continued on next page) Comparison and Conclusion 85 Table 24. Legitimation and Recognition (continued) Legitimation and Recognition: Statutory Instrument(s) & Articles Qualifications Estonia Ethiopia Vietnam Korea Nature and content 5. If the person in of notification form paternal authority has been determined in accordance with Article 909 (4) or (5) of the Civil Act, purport and details thereof 6. In cases falling under paragraph (1) 4 or 5, documents to prove the details shall be attached to the report; if decision of family court on permission of continuous use of surname and origin of surname or trial to determine person in paternal authority has been concluded, Article 58 shall apply mutatis mutandis (Art. 55) Time allowed No specific provision No such provisions exist Three working days after Within 1 month of date on for registering receiving complete papers which final decision made recognition for recognition request (Art. 58) (Art. 25–2); if needed, may extend to 5 working days. Minimal supporting No specific provision No such provisions exist Evidence proving Certified copy of written documents required relationship (Art. 25–1) judgment and certificate if recognition is (Art. 58) registered within allowed time period; additional supporting documents required for late and delayed registration Core and noncore No specific provision No such provisions exist None No classification information to be collected Whether fees are No specific provision No such provisions exist None None charged. Penalties for No specific provision No such provisions exist None None not complying with recognition registration 86 A Comparative Analysis of Laws on Civil Registration and Vital Statistics Systems Conclusion of computerization of information storing and sharing accomplished thus far is not clear. A CR system that is comprehensive, continuous, per- The Korean resident registration system was es- manent, and compulsory is the main source of VS. tablished to ascertain where people live and to control The Estonian CRVS laws, mainly the Vital Sta- residents, but the purpose has been changed to securing tistics Registration Act, provide the legal grounds for statistical data. Statistical data obtained through resi- continuous, permanent, compulsory, universal registra- dent registration are used to realize government policy tion of birth, death, marriage, divorce, and other vital and the welfare system in Korea. Placing greater weight events. Registration of vital events is confidential and on constructing informational infrastructure for gov- protected against uses or disclosures for other purposes ernment functions and services is in line with the Prin- without consent of the person concerned or permission ciples and Recommendations, although not all parts from a competent authority according to the Personal of the Principles and Recommendations are reflected Data Protection Act. in Korean law. Laws on resident registration in Korea, In Ethiopia, there was no system because the coupled with an advanced e-government system, ad- Civil Code 1960, pertaining to vital events registration, here to substantial parts of the Principles and Recom- was not functional. Although the Civil Code made it mendations and are highly effective, although there are compulsory to register births, deaths, and marriage, concerns about human rights violation because of the Article 3361 prohibited the CR articles from being ef- amount of information in the system. fective until an official order was issued. As a result, the UN recommendations for vital events that should issuance of certificates for births, deaths, marriages, and be registered for CRVS purposes are birth, death, fetal divorces were provided for without proper registration death, marriage, divorce, annulment, judicial separa- established in national law. With the enactment of the tion, adoption, legitimation (acknowledgement), and Revised Family Law 2000, provisions for registration of recognition (judicial declarations of paternity). The pri- marriage and births were implemented with a stipula- ority is for the vital events of births, marriages, divorces, tion that the federal government must enact a registra- and deaths to be recorded. Not every country records tion law that would establish an Office of Civil Status. all vital events that the United Nations recommends, In 2012, the Registration of Vital Events and National although it is the eventual goal. Identity Card Proclamation No. 760/2012 was enacted In Estonia, the registration system does not cov- and required registration of vital events in Ethiopia. er or recognize fetal death, judicial separation, or legit- Previously used for political motives, the Viet- imation because the Family Law Act, responsible for namese citizen registration system currently has a setting forth substantial provisions regarding such vital comprehensive legal framework that is designed to re- events, does not contain any statutory provisions on cord lifetime events and keep VS of Vietnamese citi- them, and there may be good reasons for why Estonia zens since the enactment of the Law on Civil Status in has not codified them in the law. In terms of registra- 2014. Coupled with substantive laws on civil matters tion of birth, death, marriage, and divorce, the Esto- such as the Law on Residence, Law on Marriage and nian CRVS system has most of the characteristics that Family, Law on Adoption, and Law on Children, the the United Nations recommends to promote accuracy Law on Civil Status covers vast amounts of CR suggest- and completeness of registration. Most of the interna- ed by the Principles and Recommendations. The Law tionally recommended minimum core characteristics on Civil Status implies the construction, implementa- are included in the CRVS system. tion, and use of the central depository database that In Ethiopia, in the CRVS law 2012 to facilitate keeps information intact and permanent, yet the level the establishment of a vital events registration system, Comparison and Conclusion 87 priority was given to birth, marriage, divorce, and system. As the Korean CR system evolves and devel- death. Although the fundamental legal requirements ops along with societal and political changes, lack of or have been established in national law, the main task for nonconformity with principles and recommendations Ethiopia is to continue to plan and provide for orga- should not be a ground to consider Korean legal sys- nization and administration arrangements and proce- tem right or wrong. dures that are indispensable for the registration of vital The systems of all four countries differ, reflect- events is resourced, organized and monitored. ing each country’s understanding and stages of adap- In Vietnam, there are provisions for registration tation of international rules and standards on CRVS. of birth, death, marriage, divorce, and adoption but Core events, including births, deaths, marriages, and not for fetal death, judicial separation, annulment, le- divorces, are generally recorded and registered, backed gitimation, or recognition. Societal reasons and histor- up by legal systems in all four countries, whereas re- ical contexts play with having or not being equipped sidual lifetime events lack official registration system. with laws for registration of a lifetime events, just like Events that are inherently foreign to the cultures and any other countries. These country-specific historical legal systems of those four countries, such as legitima- traits, along with the rapid development and changes tion, judicial separation, and fetal death, do not have that Vietnam is undergoing, should be the baseline in regulatory standing or need for such legal system. Thus, understanding and assessing the status and projecting although suggestions made on the Principles and Rec- the future of CRVS in Vietnam. ommendations are devised as the best practice in re- In Korea, birth, death, marriage, and divorce are cording and registering CRVS, it may not be practical covered in the law, but fetal death, judicial separation, to apply such principles in some countries with differ- recognition, and legitimation are not. Korea has im- ent backgrounds, as shown above. Nevertheless, the plemented a full adoption system in response to socie- core values of the Principles and Recommendations are tal changes. Equipped with information on important vital and universal, and countries should be encouraged vital and statistical events, the Korean law on CRVS to adopt and make use of those principles regarding operates seamlessly on the top-notch e-government lifetime events in a comprehensive fashion. REFERENCES Estonia Company Laws and Regulations Handbook: Volume 1. Strategic Informa- tion and Basic Laws. 2012. International Business Publications USA. Miil, Kart, Jannu Kuusik, and Maia Ruttu. “Guide to Estonian Legal System and Legal Research.” http://www.nyulawglobal.org/globalex/Estonia1.html. UN (United Nations). 1998. Administrative infrastructures: centralized, decentral- ized and local civil registration systems, and the interface with vital statistics systems. In: Handbook on civil registration and vital statistics systems: man- agement, operation and maintenance. New York: United Nations, pp. 4–15. UN Department of Economic and Social Affairs. 2014. Principles and Recommen- dations for a Vital Statistics System, Revision 3. New York: United Nations. U.S. Department of State.2005. Country Reports on Human Rights Practices for 2004—Vietnam. Washington, DC: U.S. Department of State. Vietnam Academy of Social Science, World Bank Group. 2016. “Vietnam’s House- hold Registration System.” Hong Duc Publising House, Ha Noi, Vietnam. WHO (World Health Organization). Nd. “Civil Registration and Vital Statistics.” http://www.who.int/healthinfo/civil_registration/en/. 1818 H Street, NW Washington, DC 20433 KWPF KOREA-WORLD BANK PARTNERSHIP FACILITY