Is death declaration mandatory for deceased persons in Vietnam? What are penalties for failure to conduct death declaration for profit in Vietnam?

Is death declaration mandatory for deceased persons in Vietnam?

Pursuant to Article 30 of the Civil Code 2015, right to declaration of birth and death is as follows:

1. When an individual is born, he/she has the right to have his/her birth declared.

2. When an individual dies, he/she has the right to have his/her death declared.

3. If a newborn dies after 24 hours or later from the time of birth, his/her birth and death must be declared; if he/she dies under 24 hours from the time of birth, his/her birth and death are not required to be declared, unless his/her biological father or mother request.

4. The declaration of birth and death shall be prescribed in by law on civil status affairs.

In addition, Article 33 of the 2014 Law on Households also stipulates time limit and responsibility for death registration as follows:

1. Within 15 days after the date a person dies, his/her spouse, child, parent or another relative shall register his/her death; for a deceased person without any relative, a representative of a related agency, organization or person shall register his/her death.

2. Justice and civil status officers shall regularly examine and urge death declaration for deceased persons; in case no responsible person can be identified for death declaration, justice and civil status officers shall register death.

Thus, according to current regulations in Vietnam, the death declaration is mandatory and the time limit for your family to declare the death of your grandfather is 15 days from the date of your grandfather's death.

What are penalties for failure to conduct death declaration for profit in Vietnam? 

In addition, Article 41 of Decree 82/2020/ND-CP stipulates violations of regulations on death registration as follows:

1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for erasing, correcting and falsifying the contents of papers issued by competent agencies, organizations or persons to carry out death registration procedures. 

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following acts: 

a) Testify untruthfully for another person for death registration; 

b) Providing false information and documents to obtain death registration. 

3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following acts: 

a) Carrying out procedures for death registration for living people; 

b) Failing to carry out procedures for death registration for the deceased for self-seeking purposes; 

c) Providing untruthful information and documents when carrying out procedures for death registration for self-seeking purposes. 

4. Additional sanctioning forms: 

Confiscate material evidences which are papers and documents that have been erased or altered to falsify their contents, for violations specified in Clause 1 of this Article. 

5. Remedial measures: 

a) Proposing competent agencies, organizations or persons to consider and handle the issued papers and documents due to violations specified in Clauses 1 and 2, and Points a and c, Clause 3. This; papers and documents that have been erased or corrected to falsify the contents specified in Clause 1 of this Article; 

b) Forcible return of illegal profits obtained from committing violations specified at Points b and c, Clause 3 of this Article.

Accordingly, if the deceased does not declare the death for self-seeking purposes, he/she will be administratively sanctioned from 10 million to 20 million dong and forced to pay back the illegal profits obtained from the violation in Vietnam.

Best Regards!