Article 51 of Decree No. 158/2005/ND-CP on civil status registration and management stipulates: The death registration for foreigners or overseas Vietnamese citizens who die in Vietnam shall be carried out at Department of Justice of the province (city), the person’s last place of residence, if so requested by their relative. In case the dead person’s last place of residence cannot be determined, the Department of Justice of the province (city) where he died, shall register the death. So about the matter “Procedure for death registration for foreigners in Vietnam” Let’s find out with LSX in the article below.
Legal grounds
- Law on Civil Status 2014;
- Decree 123/2015/ND-CP guiding the implementation of the Law on Civil Status;
- Circular 250/2016/TT-BTC guiding the fees and charges under the decision competence of the People’s Councils of provinces and centrally run cities.
Some points to note about death registration
What is death declaration?
Death declaration is a declaration for a person who has just died (according to the Vietnamese Dictionary).
From a legal perspective, death declaration is a legal procedure to confirm the fact that a person has passed away and determine the termination of that person’s legal relations, and at the same time, is a means for the State to monitor the death of a person. its population dynamics.
When a person dies, the next of kin must carry out a death registration procedure and the result of this procedure is a Death Certificate.
What is a death certificate for?
A death certificate or commonly known as a death certificate is a type of civil status document issued by a competent State agency to a spouse, father, mother, child or other relative to certify that a person has died.
The death certificate is the legal basis used to:
– Determining the time to open the inheritance, the inheritance line;
– Settlement of death regime;
– Determination of common property of husband and wife;
– Confirm your marital status when you want to register your marriage with someone else…
Authority to register death
Article 32 of the Law on Civil Status 2014 provides:
– Commune-level People’s Committees of the last residence of Vietnamese citizens. In case the dead person’s last place of residence cannot be determined, the commune-level People’s Committee of the place where such person died or the place where the deceased’s body is discovered shall register the death.
– The People’s Committee of the district of the last place of residence of a foreigner or Vietnamese citizen residing abroad who died in Vietnam.
In case the dead person’s last place of residence cannot be determined, the district-level People’s Committee of the place where he died or the place where the dead person’s body is discovered shall register the death.
– Communal People’s Committees in border areas for foreigners residing in that commune.
Procedure for death registration for foreigners in Vietnam
In Part II of Decision 1872/QD-BTP 2020, there are regulations on the following procedures:
The order of execution
– Persons who request death registration shall submit death registration dossiers at the competent district-level People’s Committees.
– The recipient is responsible for immediately checking the entire dossier, comparing the information in the declaration and the validity of the papers in the dossier submitted and presented by the requester.
– If the application is complete and valid, the person receiving the application shall write a receipt, clearly stating the date and time of returning the results; if the application is incomplete or incomplete, the applicant shall be instructed to supplement and complete the application according to regulations; in case it is not possible to supplement or complete the dossier immediately, a written instruction must be made, clearly stating the types of papers and contents to be supplemented, completed, signed, clearly stating the full name of the recipient.
– Immediately after receiving the dossier, if it finds that the death declaration information is complete and appropriate, the Justice Division shall report it to the Chairman of the district-level People’s Committee. If the President of the district-level People’s Committee agrees to the settlement, the death declaration extract shall be issued to the requester; civil status officers shall record in the death registration book. When returning civil status registration results, the person returning the results is responsible for guiding the civil status registration requester to check the contents of the death declaration extract and the death registration book, together with the person going to register the death to sign in the book. .
– After registering the death, the Justice Division shall report to the President of the district-level People’s Committee a written notice, enclosed with the death declaration extract (a copy) to the Ministry of Foreign Affairs to notify the competent authority. of the country of which the deceased was a citizen.
How to perform:
– The person requesting the death registration shall directly perform or authorize another person to perform the death registration;
– Persons who carry out the death registration can submit their dossiers directly at the competent district-level People’s Committees or send the dossiers via the postal system or submit the dossiers through the online civil status registration system.
Profile composition:
* Documents to be presented
– Passport or people’s identity card or citizen identification card or other papers with photos and personal information issued by a competent authority, valid for use to prove the identity of the lover death registration request.
– Documents proving the last place of residence of the deceased to determine the jurisdiction (during the transition period); in case the dead person’s last place of residence cannot be determined, a paper proving the place where he/she died or the place where the dead person’s body was discovered shall be presented.
In case the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.
* Documents to be submitted
– Declaration of death registration according to the form;
– A death notice or a replacement paper for a death notice issued by a competent authority.
– Papers, documents and evidences issued or duly certified by a competent agency or organization to prove the event of death, for the case of death registration for a person who has died a long time ago, without a death notice or death certificate. death notice replacement sheet.
– Power of attorney (certified) as prescribed by law in case of authorization to perform death registration. In case the person responsible for death registration authorizes another person to perform the death registration, the authorized person is the grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother of that person. authorization, the power of attorney does not have to be authenticated.
The competent authority decides:
– The district-level People’s Committee of the last place of residence of the deceased shall register the death of foreigners or Vietnamese citizens residing abroad who die in Vietnam;
– The district-level People’s Committee of the place where the person dies or the place where the dead person’s body is discovered shall register the death in case the dead person’s last place of residence cannot be determined.
=> Thus, according to the above regulations, the death registration for foreigners who die in Vietnam is done at the district People’s Committee.
Dossier for registration of death
A dossier for death registration shall be made in 1 set of documents, including the following papers:
1.1. The form providing information on death registration (the person declaring the death must write it himself or refer to the form at the People’s Committee of the commune, ward, town where the death is registered)
1.2. Original Death Certificate.
– For a person who dies at a hospital or at a medical facility, the director of the hospital or the person in charge of that medical facility shall issue a death notice.
– For a person residing in one place but dying at a place other than a medical facility, the People’s Committee of the commune, ward or township where such person died shall issue a death notice.
– For the dead who are active-duty soldiers, defense civil servants, reserve soldiers during the period of concentrated training or checking their combat readiness, combat service and those who are concentrated on duty. If military units are directly managed by military units, the heads of such units shall issue death notices.
– For people who die in prisons, detention camps, detention houses or at temporary custody places, the heads of agencies where such persons are detained or detained shall issue death notices.
– For persons who die at reformatory schools or educational institutions managed by the Public Security branch, the heads of those agencies shall issue death notices.
– For the person who dies due to execution of the death sentence, the Chairman of the death sentence execution council shall issue a death notice.
In case the death notice is not available, the following alternative documents shall be submitted:
– In case a person is declared dead by a court, the court’s decision to declare death takes legal effect instead of the death notice.
– In case the deceased is in doubt, a written determination of the cause of death shall be issued by the police agency or by the health authority of the district or higher level instead of the death notice.
– For a person who dies on a means of transport, the vehicle commander or operator must make a record certifying the death, signed by at least two people traveling on that means of transport. Minutes certifying the death instead of the death notice.
– For a person who dies at home or at his/her place of residence, the witness’s written certification of death shall replace the death notice. In cases where civil status judicial officers know well about the death, they are not required to submit written certifications of witnesses.
Note: In case a child is born alive for 24 hours or more and then dies, the parents are obliged to register the death.
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Frequently asked questions
According to Article 33 of the Law on Civil Status, within 15 days from the date of death, the wife, husband or children, father, mother or other relatives of the deceased shall register the death; in case the deceased has no next of kin, the representative of the concerned agency, organization or individual shall declare the death.
Judicial – civil status officers regularly inspect and urge the death declaration for the dead; in case the person responsible for declaring death cannot be identified, the judicial – civil status officer shall register the death.
Right on the day of receiving the request, if the application is received after 15 o’clock but cannot be resolved immediately, the result will be returned in the next working day. In case verification is required, the time limit for settlement shall not exceed 03 working days.
Fees are exempted for cases of timely death registration, people from families with meritorious services to the revolution, people from poor households, and people with disabilities.
In case of death registration within 15 days from the date of death, the death registration fee must be paid. The rate of collection shall be determined by the provincial People’s Council in the locality.
Conclusion: So the above is Procedure for death registration for foreigners in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
