Is it permissible to bring corpses of Vietnamese people, who die in foreign countries due to pandemic, into Vietnam?

Is it permissible to bring corpses of Vietnamese people, who die in foreign countries due to pandemic, into Vietnam? Is it permissible to authorize other people to apply for permits to bring corpses of Vietnamese people, who die in foreign countries, into Vietnam? Which agency shall issue permits to bring corpses of Vietnamese people, who die in foreign countries, into Vietnam?

Hello Lawnet. In the first epidemic phase, my family had a relative who went to work abroad and died due to Covid-19. We submitted an application to bring the corpse back to Vietnam for burial, but the state agency did not allow it. Is it correct according to the law? Thank you!

Is it permissible to bring corpses of Vietnamese people, who die in foreign countries due to pandemic, into Vietnam?

Pursuant to Article 3 of the Circular 01/2011/TT-BNG stipulating human corpses, remains and ashes permitted for transportation into Vietnam as follows:

1. Except for the cases specified in Clause 3 of this Article, human corpses, remains and ashes can be transported back into Vietnam, if the deceased are:

a/ Vietnamese citizens with permanent residence registration in Vietnam:

b/ Overseas Vietnamese with relatives (natural parent, adopted parent, spouse, offspring, adopted child, sibling, paternal grandparent, maternal grandparent or grandchild of the deceased) residing in Vietnam;

c/ Foreigners permanently residing in Vietnam.

2. The transportation into Vietnam of the corpses, remains or ashes of persons not permitted for entry for reasons of national security or social order and safety will be considered on a case-by-case basis.

3. It is not permitted to transport into Vietnam the corpses of persons who die of infectious diseases of group A specified in Clause 1, Article 3 of the November 21,2007 Law on Prevention and Control of Infectious Diseases (A-H5N1 flu; plague: smallpox; Ebola. Lassa or Marburg viral hemorrhagic fever; West Nile fever; yellow fever, cholera; SARS and newly emerging dangerous infectious diseases with unknown pathogenic agents).

As regulations above, State agency does not allow to transport into Vietnam the corpses of persons who die of infectious diseases as prescribed. In your case, the State agency is correct. You are only allowed to bring remains and ashes into Vietnam for burial.

Is it permissible to authorize other people to apply for permits to bring corpses of Vietnamese people, who die in foreign countries, into Vietnam?

Pursuant to Article 5 of the Circular 01/2011/TT-BNG stipulating permit applicants as follows:

Individuals, legal persons, agencies or organizations may apply for permits in the following cases:

1. Relatives of the deceased;

2. Persons authorized in writing by relatives of the deceased;

3. Agencies/ units managing the deceased, or friends, acquaintances of the deceased who have no relatives or whose relatives do not oppose the transportation of their corpses, remains or ashes back to the country.

As regulations above, it is permissible to authorize other people to apply for permits to bring corpses of Vietnamese people, who die in foreign countries, into Vietnam.

Which agency shall issue permits to bring corpses of Vietnamese people, who die in foreign countries, into Vietnam?

Pursuant to Article 4 of the Circular 01/2011/TT-BNG stipulating agencies competent to grant permits as follows:

Agencies competent to grant permits are overseas Vietnamese diplomatic missions, consulates or other agencies authorized to perform the consular functions (below referred collectively to as representative missions) in countries where appear the deceased or representative missions cross-accredited to those countries, or representative missions in most convenient places, if there is no representative mission in countries where appear the deceased.

As regulations above, agencies competent to grant permits are overseas Vietnamese diplomatic missions, consulates or other agencies authorized to perform the consular functions (below referred collectively to as representative missions) in countries where appear the deceased or representative missions cross-accredited to those countries, or representative missions in most convenient places, if there is no representative mission in countries where appear the deceased.

Best regards!

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