What are the penalties for cemeteries and crematoriums in Vietnam for failing to store ashes in appropriate locations or locations not approved by competent authorities?
What are the penalties for cemeteries and crematoriums in Vietnam for failing to store ashes in appropriate locations?
Based on Clause 1, Article 55, Decree 16/2022/ND-CP, it is stipulated as follows:
"Article 55. Violations of regulations on construction, management, and use of cemeteries and crematoriums
1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts:
a) Lacking walls or greenbelt isolation designs as approved for cemeteries in urban areas or rural residential areas;
b) Transferring individual graves in cases where the transfer is not permissible by regulations;
c) Incomplete cemetery records and archives according to regulations;
d) Not reporting or incompletely and irregularly reporting the status of cemetery management and usage as regulated;
dd) Not promulgating and publicly announcing the service usage prices of cemeteries and crematoriums as per current regulations;
e) Storing ashes in non-designated places or places not approved by competent authorities.
cemeteries and crematoriums that store ashes in non-conformable places or without the approval of competent authorities will be fined from VND 10,000,000 to VND 20,000,000.
Administrative penalties for cemeteries and crematoriums in Vietnam for failing to store ashes in appropriate locations or locations not approved by competent authorities?
Vietnam: Are there penalties for ussing more land for individual grave plots than permitted?
Based on Clause 2, Article 55, Decree 16/2022/ND-CP, it is stipulated as follows:
"Article 55. Violations of regulations on construction, management, and use of cemeteries and crematoriums
...
2. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for one of the following acts:
a) The safety distance from the cemetery fence or cremation facility to residential areas, public works does not meet technical standards in construction planning as per regulations;
b) Not closing a cemetery when there is no more space, causing environmental pollution;
c) Using more land for individual grave plots than permitted.
Thus, using more land for individual grave plots than permitted will be fined from VND 20,000,000 to VND 40,000,000.
What are the penalties for crematoriums in Vietnam that do not meet operational competency requirements?
Based on Clause 3, Article 55, Decree 16/2022/ND-CP, it is stipulated as follows:
"Article 55. Violations of regulations on construction, management, and use of cemeteries and crematoriums
...
3. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed on the management unit of crematoriums for one of the following acts:
a) Operating without meeting the competency requirements as regulated;
b) Assigning cremation furnace operation to individuals who do not meet competency requirements;
c) Not establishing or not adhering to an approved cremation furnace operation management process;
d) Not maintaining records and archives of the cremation cases as regulated;
dd) Not reporting the operational status of the cremation facility to the competent state management agency as regulated."
Thus, a cremation facility operating without meeting legal competency requirements will be fined from VND 40,000,000 to VND 60,000,000.
Are there penalties for failing to maintain the required distance between crematoriums and residential areas in Vietnam?
Based on Clause 4, Article 55, Decree 16/2022/ND-CP, it is stipulated as follows:
"Article 55. Violations of regulations on construction, management, and use of cemeteries and crematoriums
...
4. A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed on the project investor for one of the following acts:
a) Bringing cemeteries or crematoriums into use without meeting the required conditions;
b) The distance from crematoriums constructed outside cemeteries to residential areas and public works does not comply with regulations."
In case the distance from crematoriums constructed outside cemeteries to residential areas or public works does not comply with regulations, an administrative fine ranging from VND 60,000,000 to VND 80,000,000 will be imposed.
Supplementary penalties and remedial measures for violations of regulations on the construction, management, and use of cemeteries and crematoriums in Vietnam?
Based on Clauses 5 and 6, Article 55, Decree 16/2022/ND-CP, it is stipulated as follows:
"Article 55. Violations of regulations on construction, management, and use of cemeteries and crematoriums
...
5. Supplementary penalties:
Operations may be suspended from 09 months to 12 months for the acts specified in Point b, Clause 2, and Point a, Clause 4 of this Article.
6. Remedial measures:
a) Constructing walls or greenbelt isolation as per the approved design for cemeteries in urban areas or rural residential areas for the acts specified in Point a, Clause 1 of this Article for projects under construction;
b) Recovering transferred individual graves as per regulations for the acts specified in Point b, Clause 1 of this Article;
c) Completing and maintaining cemetery records and archives as per regulations for the acts specified in Point c, Clause 1 of this Article;
d) Fully and periodically reporting the status of cemetery management and usage as per regulations for the acts specified in Point d, Clause 1 of this Article;
dd) Promulgating and publicly announcing the service usage prices of cemeteries and crematoriums as per current regulations for the acts specified in Point đ, Clause 1 of this Article;
e) Properly storing ashes for the acts specified in Point e, Clause 1 of this Article;
g) Closing cemeteries as per regulations for the acts specified in Point b, Clause 2 of this Article;
h) Using the land area correctly as per regulations for the acts specified in Point c, Clause 2 of this Article;
i) Ensuring sufficient competency requirements as per regulations for the acts specified in Points a and b, Clause 3 of this Article;
k) Establishing or adhering to an approved cremation furnace operation management process for the acts specified in Point c, Clause 3 of this Article;
l) Maintaining records and archives of all cremation cases as per regulations for the acts specified in Point d, Clause 3 of this Article;
m) Reporting the operational status of the cremation facility to the competent state management agency as per regulations for the acts specified in Point đ, Clause 3 of this Article;
n) Meeting the required conditions for the acts specified in Point a, Clause 4 of this Article;
o) Ensuring the required distance from crematoriums constructed outside cemeteries to residential areas and public works for the acts specified in Point b, Clause 4 of this Article."
Based on the above-mentioned violations to determine supplementary penalties and corresponding remedial measures as per these regulations.
Note: Administrative penalties stipulated above apply to organizations. In cases of individual violations, the administrative penalties are half of those applicable to organizations.
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