10:41 | 16/02/2023

Vietnam: What are the dossiers and procedures for moving the remains of martyrs buried at the martyr's cemetery to another place according to the wishes of the relatives' representative?

What are the dossiers and procedures for moving the remains of martyrs buried at the martyr's cemetery to another place according to the wishes of the relatives' representative? – aksed Mr. Binh (Hue, Vietnam)

What are the conditions for moving the remains of martyrs in Vietnam?

Pursuant to Clause 2 and Article 157 of Decree 131/2021/ND-CP, as follows:

- The relocation of martyrs' remains shall be applied to the following cases of martyrs' graves:

- Martyrs' graves with full information are buried in the martyrs' cemetery.

- The martyrs' graves were being buried outside the martyrs' cemetery, but there is a record of handing over the martyrs' remains to the competent agency; now they are buried in the martyrs' cemetery.

+ The graves of wounded soldiers who died as a result of recurring wounds are designated as martyr graves and are now buried in a martyr cemetery.

Vietnam: What are the dossiers and procedures for moving the remains of martyrs buried at the martyr's cemetery to another place according to the wishes of the relatives' representative? (Image from the Internet)

Vietnam: What are the dossiers and procedures for moving the remains of martyrs buried at the martyr's cemetery to another place according to the wishes of the relatives' representative?

Pursuant to Article 159 of Decree 131/2021/ND-CP, it stipulates as follows:

(1) Cases not yet supported:

The representative of the martyr's relatives or the beneficiary of the martyr's worship allowance shall send an application for the relocation of the martyr's remains, made according to Form No. 32, Appendix I of this Decree, to the Department of Labor, War Invalids, and Social Affairs where the reservoir is managed with notice of the martyr's grave.

In the event that a martyr's relative authorizes the movement of a martyr's remains, a written authorization must be attached.

- The Department of Labor, War Invalids, and Social Affairs, after receiving the application and papers, is responsible for examining them and issuing a recommendation to move the martyr's remains within three working days; save the application.

- Department of Labor, Invalids, and Social Affairs, which manages martyrs' graves:

Within two working days from the date of receipt of the recommendation letter, coordinate with the commune-level People's Committee to make a record of handing over the martyr's remains; make a notice of moving the dead remains together with the minutes of handing over the martyr's remains; and send it to the Department of Labor, War Invalids, and Social Affairs, where the martyr's original file is managed and where the martyr's grave is managed.

In case the martyr's remains are not moved to the locality where the dossier is being managed, it shall be sent to the Department of Labor, Invalids, and Social Affairs, where the martyr's remains are received.

Repair the tomb shell according to the provisions of Point d, Clause 2, and Article 152 of Decree 131/2021/ND-CP.

- The Department of Labor, War Invalids, and Social Affairs is responsible for updating the information on the national martyr database. The martyr's grave is managed within one working day of receipt of the notice of movement.

- Within one working day of receiving the handover minutes and the introduction, the People's Committee of the commune where the martyr's remains are received shall:

Make minutes of handing over the remains of martyrs; organizing the burial of martyrs' remains in martyrs' cemeteries; sending a written report to the Department of Labor—Invalids and Social Affairs—where the martyr's remains are received, together with the introduction paper and the minutes of handing over the martyr's remains

- The Division of Labor, War Invalids, and Social Affairs, where the remains of martyrs are received within one working day from the date of receipt of the written report from the commune-level People's Committee with the following documents, shall:

Expenses to support travel and meals; money for the burial of martyrs' remains

Expenses to support the construction of martyrs' graves based on the request for burial of martyrs' remains outside the martyrs' cemeteries

Send a document to the Department of Labor, War Invalids, and Social Affairs, where the martyr's remains are received and where the martyr's records are managed, together with the minutes on handing over the martyr's remains.

- The Department of Labor, War Invalids, and Social Affairs, where the martyr's remains are received, is responsible for updating the information on the national database based on the notice of the movement of the martyr's remains and the report on the handover of the martyr's remains. experts on martyrs and issue a notice of a martyr's grave according to Form No. 103, Appendix I of this decree, within one working day from the date of receipt of all required documents.

- The Department of Labor, War Invalids, and Social Affairs, where the original dossier is managed, is responsible for keeping the notice of the movement of the martyr's remains and the minutes of handing over the martyr's remains in the martyr's file, within one working day from the date of receipt of all required documents.

(2) Supported cases:

- Representatives of relatives or beneficiaries of martyr worship benefits who wish to move the martyrs' remains shall submit an application for the relocation of the martyrs' remains to the Department of Labor, War Invalids, and Social Affairs, where they permanently reside, together with documents:

A certified copy of the certificate of the martyr's family or relatives or a certified copy of the decision on preferential allowance for the beneficiary of the martyr's worship allowance; notification of martyrs' graves.

In the event that a martyr's relative authorizes the movement of a martyr's remains, a written authorization must be attached.

- The Department of Labor, War Invalids, and Social Affairs, where the applicant permanently resides within three working days from the date of receipt of the application and documents, is responsible for inspecting the remains and issuing a recommendation to move them; save the application.

- Divisions and Departments of Labor, War Invalids, and Social Affairs where the martyrs' graves are managed and the People's Committees of communes where they are received shall comply with the responsibilities specified at Points c, d, and dd, Clause 1, Article 159, of the Decree 131/2021/ND-CP.

- Within one working day, the Division of Labor, Invalids, and Social Affairs, where it is received, shall send a written notice to the Department of Labor, Invalids, and Social Affairs, where the remains of the martyrs are received and the place where the martyrs' records are managed, together with a written minute of handover of the martyrs' remains

- The Department of Labor, War Invalids, and Social Affairs, which receives and manages martyrs' remains, shall comply with the responsibilities outlined in Points g and h of Clause 1, Article 159 of Decree 131/2021/ND-CP.

Thus, the documents and procedures for moving the remains of martyrs who are buried outside the martyrs' cemetery for burial at the martyrs' cemetery are prescribed as above.

Vietnam: What is the support regime for moving the remains of martyrs in accordance with the wishes of the martyr's relatives' representatives?

According to the provisions of Clause 2 and Article 156 of Decree 131/2021/ND-CP, as follows:

Rule
1. Support for visiting martyrs' graves: travel and food expenses according to the distance from the place of residence to the place of the martyr's grave once a year for one martyr's grave.
2. Support for moving the remains of martyrs in accordance with the wishes of the martyr's relatives or the beneficiary of the martyr's worship allowance:
a) In the case of moving the remains of martyrs who are buried at the martyrs' cemetery to another place: money for loading and unloading and moving the remains of martyrs; travel and food expenses according to the distance from the place of residence to the place where the martyr's grave is located; money for building martyrs' graves for burials outside martyrs' cemeteries.
b) In the case of moving the remains of martyrs who are being buried outside the martyr's cemetery into the martyr's cemetery, money for loading and unloading and moving the remains of martyrs; travel and food expenses according to the distance from the place of travel to the martyr's cemetery where the martyr's remains are received.
c) Only assist once when moving the remains of martyrs.

Accordingly, for support to move the remains of martyrs according to the wishes of the representative of the martyr's relatives, do as follows:

- If the remains of martyrs who are buried at the martyr's cemetery are moved to another location: money for loading and unloading and moving the martyr's remains; travel and food expenses based on the distance from the place of residence to the location of the martyr's grave; money for building martyrs' graves for burials outside martyr's cemeteries.

- In the case of moving the remains of martyrs who are buried outside the martyr's cemetery into the martyr's cemetery: money for loading, unloading, and moving the martyr's remains; travel and food expenses based on the distance traveled to the martyr's cemetery where the martyr's remains are received.

- Only support once when moving the remains of a martyr.

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