If foreigners held in custody dies in custody facility in Vietnam, what will they be handled?

If foreigners held in custody dies in custody facility in Vietnam, what will they be handled?

Article 26 of the Law on temporary detention or custody 2015 stipulates handling the case of death of the persons held in temporary detention or custody as follows:

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 body 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 the scene examination and autopsy. Where the deceased is a foreigner, the body 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 body 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 body 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 body, 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, the case of a foreigner held in custody dies in custody facility in Vietnam, it will be resolved according to the provisions of law mentioned above.

What are regulations on funeral cost for a person held in custody who dies in custody facility in Vietnam?

In Article 10 of Decree 120/2017/ND-CP as amended by Clause 6, Article 1 of Decree 113/2021/ND-CP stipulating funding and conditions for ensuring the burial of persons held in custody or temporary detention as follows:

1. 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.

2. Custody facilities organize burials for detainees and detainees who die, in the form of burial or cremation.

3. 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.

4. People's Committees at all levels are responsible for arranging appropriate land funds and coordinating with detention facilities to organize burials and carry out death declaration procedures for detainees and detainees who die according to the provisions of the Law. 

According to this Article, the burial of persons held in custody who die in detention is regulated as above in Vietnam.

What are procedures for registering the death of a person held in custody who dies in Vietnam? 

In Clause 2, Article 26 of the Law on temporary detention or custody 2015, it is stipulated as follows:

2. The custody facility shall do the death declaration procedure in accordance with law on civil status.

Article 34 of the Law on Civil Status 2014 stipulates death registration procedures as follows:

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.

The above is the law on procedures for death registration for persons held in custody who die in custody facility in Vietnam.

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