What is the penalty for erasing and falsifying the contents of papers to carry out death registration procedures in Vietnam? What documents are required to register a death?
- Is the act of erasing and falsifying contents of papers to carry out death registration procedures in Vietnam prohibited by law?
- How much is the administrative penalty for erasing and falsifying the contents of papers to carry out death registration procedures in Vietnam?
- What documents are required to register a death?
Is the act of erasing and falsifying contents of papers to carry out death registration procedures in Vietnam prohibited by law?
According to Clause 1, Article 12 of the 2014 Law on Civil Status of Vietnam, the prohibited acts are prescribed as follows:
Prohibited acts
1. Individuals are prohibited from committing the following acts:
a/ Providing untruthful information and documents, forging or using forged papers or papers of other persons for civil status registration;
b/ Threatening, coercing or hindering the exercise and performance of the civil status registration right and obligation;
c/ Illegally intervening in civil status registration activities;
d/ Making false undertakings or witness statements for civil status registration;
dd/ Forging, modifying and falsifying contents of civil status papers or information in the civil status database;
e/ Giving bribes and promising material or spiritual benefits in order to obtain civil status registration;
g/ Abusing the civil status registration or shirking the civil status registration obligation for self-seeking purpose, enjoying the State’s preferential policy or earning illicit profits in whatever forms;
h/ Persons competent to decide on civil status registration making civil status registration for themselves or their relatives under the Law on Marriage and Family;
i/ Unduly accessing, hacking and destroying information in the civil status database.
2. Civil status papers that are granted in cases of civil status registration in violation of Points a, d, dd, g and h, Clause 1 of this Article are all invalid and subject to revocation and cancellation.
3. Individuals who commit any act specified in Clause 1 of this Article shall, depending on the nature and seriousness of their acts, be administratively handled or examined for penal liability in accordance with law.
Cadres or civil servants who commit the provisions of Clause 1 of this Article shall, in addition to being handled as above, be disciplined in accordance with the law on cadres and civil servants.
Thus, according to regulations, it is strictly prohibited for individuals to erase and falsify the contents of papers to carry out death registration procedures.
What is the administrative penalty for erasing and falsifying the contents of papers to carry out death registration procedures in Vietnam? What documents are required to register a death? (Image from the Internet)
How much is the administrative penalty for erasing and falsifying the contents of papers to carry out death registration procedures in Vietnam?
Pursuant to the provisions of Article 41 of Decree No. 82/2020/ND-CP, violations against regulations on death registration are prescribed as follows:
Violations against regulations on death registration
1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for erasing, correcting and falsifying the contents of papers issued by competent agencies, organizations or persons to carry out death registration procedures.
2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
a) Testifying untruthfully for another person for death registration;
b) Providing false information and documents to obtain death registration.
3. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
a) Carrying out procedures for death registration for living people;
b) Failing to carry out procedures for death registration for the deceased for self-seeking purposes;
c) Providing untruthful information and documents when carrying out procedures for death registration for self-seeking purposes.
4. Additional penalties:
Confiscate material evidences which are papers and documents that have been erased or modified to falsify their contents, for violations specified in Clause 1 of this Article.
5. Remedial measures:
a) Proposing competent agencies, organizations and persons to consider and handle the issued papers and documents due to violations specified in Clauses 1 and 2, and Points a and c, Clause 3. This; papers and documents that have been erased or corrected to falsify the contents specified in Clause 1 of this Article;
b) Forcible return of illegal profits obtained from committing violations specified at Points b and c, Clause 3 of this Article.
Thus, the act of erasing and falsifying the contents of documents to carry out death registration procedures can be administratively sanctioned up to VND 3,000,000. In addition, violators are also subject to:
- Confiscation of material evidences which are papers and documents that have been erased or altered to falsify their contents
- Proposing competent agencies, organizations and persons to consider and handle the issued papers and documents due to violations; papers and documents that have been erased or corrected to falsify the content.
What documents are required to register a death?
According to Article 34 of the 2014 Law on Civil Status of Vietnam, the procedures for death registration are as follows:
Death registration procedures
1. Persons responsible for death registration shall submit declarations, made according to a set form, and death notices or other substitute papers to the civil status registration agency.
2. Immediately after receiving papers specified in Clause 1 of this Article, if seeing that the death declaration is proper, the justice and civil status officer shall record the death declaration contents in the civil status book and together with the death declarant sign in the civil status book and report to the chairperson of the commune-level People's Committee to issue an extract to the death declarant.
The justice and civil status officer shall close civil status information of the deceased person in the electronic civil status database.
Thus, according to regulations, persons responsible for death registration shall submit declarations, made according to a set form, and death notices or other substitute papers to the civil status registration agency.
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