Vietnam: How to handle the corpse of a person held in temporary detention or custody when relatives do not receive the corpse?
Are persons held in temporary detention or custody protected?
According to the provisions of Article 9 of the 2015 Law on Temporary Detention and Custody in Vietnam on the rights of persons held in temporary detention or custody as follows:
Rights and obligations of persons held in temporary detention or custody
1. The persons held in temporary detention or custody have the following rights:
a) Their life, corpse and properties are protected; their honor and dignity are respected; they can disseminate their rights and obligations or rules of detention center;
b) They can exercise their election rights in accordance with regulation of the Law on Election of National Assembly deputies and People's Council deputies and referendum rights in accordance with the Law on referendum.
c) Their benefits of diet, accommodation, clothing, personal living supplies, medical care, mental activities, sending, receipt of letters, gifts, books, newspapers and materials;
d) They can meet their relatives, advocate or make consular contact;
dd) Receive instructions and explanation and exercise self-defense, ask for advocate and legal assistance;
e) Meet with legal representative to carry out civil transactions;
g) Require to be released upon the end of temporary detention or custody period.
h) Make complaint, denunciation of acts of law violation;
i) Receive compensation in accordance with the provisions of Law on compensation liability of the State in case of illegal detention or custody;
k) Be entitled to other rights of citizens if not being restricted by this Law or other relevant laws, except that such rights cannot be exercised because they are held in temporary detention or custody.
2. The persons held in temporary detention or custody have the following obligations:
a) Comply with decisions, requirements and instructions of the corpse and person having the authority to manage and exercise the temporary detention or custody.
b) Comply with the rules of detention center, the provisions of this Law and other relevant laws.
Thus, during the time of being held in temporary detention or custody at a detention facility, persons held in temporary detention or custody have the right to have their lives protected.
Vietnam: How to handle the corpse of a person held in temporary detention or custody when relatives do not receive the corpse?
How to handle the corpse of a person held in temporary detention or custody when relatives do not receive the corpse?
According to the provisions of Clause 3, Article 26 of the 2015 Law on Temporary Detention and Custody in Vietnam:
Handling the case of death of the persons held in temporary detention or custody
1. Where the persons held in temporary detention or custody die during the time of temporary detention or custody, the head of custody facility must protect the scene and immediately inform the investigation corpse and the competent Procuracy to identify the cause of death while informing the relatives and legal representative of the deceased. The representative of custody must witness the scene examination and autopsy. Where the deceased is a foreigner, the corpse handling the case shall inform the consular agency and his/her relatives or legal representative.
2. The custody facility shall do the death declaration procedure in accordance with law on civil status.
3. When the investigation corpse and the Procuracy permit the burial procedures for the deceased, the custody facility must infom the relatives of the deceased.
Where the relatives of the deceased have a written request, the corpse shall be handed over to them, except that there are the grounds that it affects the security, order and environmental sanitation. After a time limit of 24 hours from the notice but noone receives the corpse, the custody facility shall organize the burial. Where the relatives of the deceased request in writing to receive the ashes or bones after burial, the head of custody facility shall discuss with the local authorities for settlement in accordance with regulations of law. The burial must comply with the regulations of the Ministry of Health and the local authorities.
4. Where the foreigners held in temporary detention or custody die, apply the regulations of international treaties in which the Socialist Republic of Vietnam is a member or under international agreements or direct agreements on each specific case between the Socialist Republic of Vietnam and the country where the persons held in temporary detention or custody die. Where there is no corresponding international treaties or international agreements or between the Socialist Republic of Vietnam and the country where the persons held in temporary detention or custody die, there is no agreement on settlement of specific case or when the nationality of the deceased cannot be identified, the case shall be settled like the Vietnamese held in temporary detention or custody die.
5. The expenses related to the burial shall be born by the state budget. The Government stipulates in detail this clause.
6. Where the persons held in temporary detention or custody die but they have had the time to participate in social insurance or are enjoying their pension, the death benefits shall be applied by the provisions of the Law on social insurance.
Thus, in case a person held in temporary detention or custody dies while being held in temporary detention or custody, the detention facility shall carry out procedures for death declaration at the same time, when the investigating agency and the Procuracy agree to carry out the procedures for the burial of the dead, the detention facility shall have to notify the deceased's relatives. However, after a time limit of 24 hours from the notice but no one receives the corpse, the custody facility shall organize the burial.
What are the regulations on funding for burial when a person dies while in temporary detention or custody?
According to the provisions of Article 10 of Decree No. 120/2017/ND-CP (amended by Clause 6, Article 1 of Decree No. 113/2021/ND-CP) on this content as follows:
- When a person dies while in temporary custody or temporary detention, the costs for shrouding include: the costs for purchasing a regular wooden coffin, 1 long outfit and 1 set of new undergarment, 4 m2 of shroud fabric, incense, candles, sanitary alcohol, and money to cover other costs equivalent to 100 kg of ordinary rice.
- When a person dies while in temporary custody or temporary detention and his/her relatives transport the corpse for burial, the transportation and burial costs equivalent to 200 kg of ordinary rice shall be incurred by the detention or custody facility.
- The detention facility organizes burial for the person held in custody, the person in custody dies, by burial or cremation.
- People's Committees at all levels are responsible for allocating appropriate land funds and coordinating with detention facilities to organize funerals and carry out procedures for death declaration for persons held in temporary detention or custody who die in accordance with law.
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