Xác định nội dung đăng ký khai sinh thuộc thẩm quyền của Ủy ban nhân dân cấp xã từ thực tiễn thành phố Cần ThơTrần Hữu Trí

BỘ GIÁO DỤC VÀ ĐÀO TẠO

TRƯỜNG ĐẠI HỌC LUẬT TP HỒ CHÍ MINH

TRẦN HỮU TRÍ

LUẬN VĂN THẠC SĨ

CHUYÊN NGÀNH LUẬT HIẾN PHÁP VÀ LUẬT HÀNH CHÍNH

TP. HỒ CHÍ MINH, NĂM 2022

BỘ GIÁO DỤC VÀ ĐÀO TẠO

TRƯỜNG ĐẠI HỌC LUẬT TP HỒ CHÍ MINH

Chuyên ngành: Luật Hiến Pháp và Luật Hành Chính

Định hướng ứng dụng

CN: 8380102

Người hướng dẫn khoa học: PGS. TS. Phan Nhật Thanh

Học viên : Trần Hữu Trí

Lớp : Cao học luật, Cần Thơ Khóa 3

TP. HỒ CHÍ MINH, NĂM 2022

LỜI CAM ĐOAN

Luận văn thạc sĩ “Xác định nội dung đăng ký khai sinh thuộc thẩm quyền

của Ủy ban nhân dân cấp xã từ thực tiễn thành phố Cần Thơ” là công trình

nghiên cứu của bản thân tôi. Tất cả các số liệu và kết quả nghiên cứu trong luận

văn này là trung thực. Đồng thời, tôi hoàn toàn chịu trách nhiệm về lời cam đoan

của mình.

Người viết cam đoan

Trần Hữu Trí

MỤC LỤC

PHẦN MỞ ĐẦU······················································································································1

CHƯƠNG 1. NHỮNG VẤN ĐỀ LÝ LUẬN VÀ PHÁP LÝ VỀ XÁC ĐỊNH NỘI

DUNG ĐĂNG KÝ KHAI SINH THUỘC THẨM QUYỀN CỦA ỦY BAN

NHÂN DÂN CẤP X÷···········································································································6

1.1. Khái niệm về đăng lý khai sinh và xác định nội dung đăng ký khai sinh

thuộc thẩm quyền của ủy ban nhân dân cấp xã ·····················································6

1.1.1. Khái niệm về đăng ký khai sinh·································································································· 6

1.1.2. Khái niệm về xác định nội dung đăng ký khai sinh thuộc thẩm quyền của

ủy ban nhân dân cấp xã···································································································································· 6

1.2. Đặc điểm về xác định nội dung đăng ký khai sinh thuộc thẩm quyền của

ủy ban nhân dân cấp xã···································································································7

1.2.1. Đặc điểm về chủ thể đăng ký khai sinh thuộc thẩm quyền của Ủy ban

nhân dân cấp xã······················································································································································ 7

1.2.2. Đặc điểm về đối tượng đăng ký khai sinh·········································································· 8

1.2.3. Đặc điểm về nội dung đăng ký khai sinh············································································ 8

1.2.4. Đặc điểm về yêu cầu xác định nội dung đăng ký khai sinh································· 8

1.3. Cơ sở để xác định nội dung đăng ký khai sinh thuộc thẩm quyền của Ủy

ban nhân dân cấp xã·········································································································9

1.4. Nguyên tắc xác định nội dung đăng ký khai sinh thuộc thẩm quyền của

Ủy ban nhân dân cấp xã··································································································11

1.5. Nội dung đăng ký khai sinh thuộc thẩm quyền của Ủy ban nhân dân cấp

xã ·············································································································································12

1.5.1. Xác định họ theo cha hay theo mẹ···························································································· 12

1.5.2. Xác định dân tộc theo cha hay theo mẹ ··············································································· 15

1.5.3. Đặt tên cho con········································································································································ 15

1.5.4. Xác định họ tên, dân tộc, quê quán cho trẻ bị bỏ rơi, trẻ em chưa xác

định được cha mẹ đẻ ··········································································································································· 16

1.5.5. Đăng ký lại khai sinh··························································································································· 18

1.5.6. Bổ sung ngày, tháng trong giấy khai sinh ········································································· 19

1.5.7. Đăng ký khai sinh cho người có hồ sơ, giấy tờ cá nhân········································ 20

Tiểu kết chương 1 ···················································································································21

CHƯƠNG 2. THỰC TRẠNG XÁC ĐỊNH NỘI DUNG ĐĂNG KÝ KHAI

SINH THUỘC THẨM QUYỀN CỦA ỦY BAN NHÂN DÂN CẤP XÃ TỪ

THỰC TIỄN THÀNH PHỐ CẦN THƠ VÀ GIẢI PHÁP HOÀN THIỆN········22

2.1. Thực trạng xác định nội dung đăng ký khai sinh thuộc thẩm quyền của

Ủy ban nhân dân cấp xã từ thực tiễn thành phố Cần Thơ ·································22

2.1.1. Thực trạng xác định họ theo cha hay theo mẹ ······························································· 23

2.1.2. Thực trạng xác định dân tộc theo cha hay theo mẹ ··················································· 25

2.1.3. Thực trạng đặt tên cho con ············································································································ 26

2.1.4. Thực trạng xác định họ tên, dân tộc, quê quán cho trẻ bị bỏ rơi, trẻ em

chưa xác định được cha mẹ đẻ ··················································································································· 27

2.1.5. Thực trạng đăng ký lại khai sinh······························································································· 31

2.1.6. Thực trạng việc bổ sung ngày, tháng trong giấy khai sinh·································· 35

2.1.7. Thực trạng đăng ký khai sinh cho người có hồ sơ, giấy tờ cá nhân ············ 36

2.2. Đánh giá thực trạng xác định nội dung đăng ký khai sinh thuộc thẩm

quyền của Ủy ban nhân dân cấp xã từ thực tiễn thành phố Cần Thơ và giải

pháp hoàn thiện··················································································································38

2.2.1. Đánh giá thực trạng xác định nội dung đăng ký khai sinh thuộc thẩm

quyền của Ủy ban nhân dân cấp xã từ thực tiễn thành phố Cần Thơ························ 38

2.2.2. Giải pháp hoàn thiện việc xác định nội dung đăng ký khai sinh thuộc

thẩm quyền của Ủy ban nhân dân cấp xã từ thực tiễn thành phố Cần Thơ·········· 42

Tiểu kết chương 2 ···················································································································46

KẾT LUẬN·······························································································································47

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