Can the Death Certificate be Reissued if Lost?
Can a lost death certificate be reissued? Where to request a reissuance of the death certificate?
My father passed away more than 4 years ago. At that time, no one knew whether he had left a will, so our family did not pay much attention. When my mother passed away, my siblings discovered that our father had indeed left a will, but in order to proceed with the necessary formalities, we need our father's death certificate. However, we are not sure if it has been lost or misplaced. Therefore, I would like to know if it's possible to request a reissuance of the death certificate and where we can apply for it? I look forward to the lawyer's advice. Thank you.Is it possible to request a reissuance of a death certificate extract if it is lost?
According to Clause 9, Article 4 of the Civil Status Law 2014, the regulation on civil status extracts is as follows:
- A civil status extract is a document issued by a competent state authority to certify a civil status event of an individual that has been registered at the civil status registration authority. The original civil status extract is issued immediately after the civil status event is registered. Copies of civil status extracts include those issued from the Civil Status Database and certified copies from the original.
In Clause 1, Article 3 of Decree 23/2015/ND-CP regarding the legal value of copies issued from the original register, certified copies from the original, certified signatures, and certified contracts and transactions, it is stated as follows:
- Copies issued from the original register have the same value as the original in transactions, except for the cases stipulated otherwise by law.
If the original Death Certificate is lost, the relatives of the deceased can request a copy of the extract from the Civil Status Database.
Where to request a death certificate extract if it is lost?
According to Article 63 of the Civil Status Law 2014 regarding the issuance of copies of civil status extracts of registered civil status events:
Individuals, regardless of their place of residence, have the right to request the Civil Status Database Management Authority to issue copies of the civil status extract of their registered civil status event.
In which, Clause 5, Article 4 of this Law stipulates:
The Civil Status Database Management Authority includes the civil status registration authority, the Ministry of Justice, the Ministry of Foreign Affairs, and other authorities assigned lawful jurisdiction.
Therefore, relatives who registered the death for the deceased can request an extract of the Death Certificate at the civil status registration authority, which is the Commune-level People's Committee.
Sincerely!
