Is it compulsory to make death notice for people carrying death sentence by lethal injection in Vietnam?

Is it compulsory to make death notice for people carrying death sentence by lethal injection in Vietnam?

In the case of committing murder and the murderer is sentenced to death by lethal injection by the court. Is it compulsory to make death notice for the murderer in Vietnam?

Answer:

Pursuant to Clause 2.b Article 4 of the Decree 123/2015/NĐ-CP stipulating as follows:

Birth registration and death registration contents

Essential contents of an application for death registration as prescribed the Law on civil status: The deceased’s full name, year of birth, personal identification number (if any); place of death; cause of death; date and time of death by solar calendar; and nationality (if the deceased is a foreigner).

Death registration contents shall be determined according to the death notice or equivalent document issued by the following competent authority:

- If a person dies at a health facility, the head of health facility shall issue a death notice;

- If a person dies as a result of enforcement of a death sentence, the President of the Board of death sentence shall issue a document certifying the enforcement of death sentence instead of a death notice;

As regulations above, if a person dies as a result of enforcement of a death sentence, the President of the Board of death sentence shall issue a document certifying the enforcement of death sentence instead of a death notice.

What are procedures for death declaration for Vietnamese living domestically?

Hello Lawnet. I want to ask about procedures for death declaration for my grandfather.

Answer:

1. Legal basis:

- Law on Civil Status in 2014

- Decree 123/2015/NĐ-CP

- Circular 04/2020/TT-BTP

2. Application:

- Application form for death registration

- Original of death notice or an equivalent document issued by competent authorities including:

+ If a person dies at a health facility, the head of health facility shall issue a death notice;

+ If a person dies as a result of enforcement of a death sentence, the President of the Board of death sentence shall issue a document certifying the enforcement of death sentence instead of a death notice;

+ If a person is given a declaration of presumed death by a court, the effective judgment/decision shall replace a death notice;

+ If a person dies in a vehicle, dies from accident, is killed, dies suddenly or dies with doubt, a document certifying the death issued by a police authority or findings of forensic examination agency shall replace a death notice;

- Power of attorney in case of authorization to perform death registration.

If the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister or younger brother of the principal, the power of attorney must not be notarized or authenticated, but must have proofs. relationship with the principal.

Note:

- In case of death registration for a person who has died a long time ago, and there is no death notice or paper to replace the death notice as prescribed in Clause 2, Article 4 of Decree 123/2015/ND-CP, the applicant for registration The deceased must be able to provide papers, documents and evidences issued by a competent agency or organization or duly certified to prove the death event.

- In case the requester for death registration does not have papers, documents and proofs as prescribed in Clause 1 of this Article, or the papers, documents and evidences are invalid or fail to guarantee the evidencing value. the civil status registration agency refuses to register the death.

3. Handling agency: The commune-level People's Committee of the last place of residence of the deceased shall register the death.

4. Time for settlement: Right on the day of receiving the request, if the application is received after 15 hours and cannot be resolved immediately, the result will be returned in the next working day. In case verification is required, the time limit for settlement shall not exceed 03 working days.

5. Fees: Fees are exempted for on-time death registration, family members with meritorious services to the revolution, poor households, and people with disabilities.

Note: Within 15 days from the date of death, the wife, husband or children, father, mother or other relatives of the deceased are responsible for registering the death; in case the deceased has no next of kin, the representative of the concerned agency, organization or individual shall declare the death.

Does death notice in Vietnam include cause of death?

Does death notice in Vietnam include cause of death?

Answer:

Pursuant to Clause 2 Article 4 of the Decree 123/2015/NĐ-CP stipulating as follows:

Essential contents of an application for death registration as prescribed the Law on civil status: The deceased’s full name, year of birth, personal identification number (if any); place of death; cause of death; date and time of death by solar calendar; and nationality (if the deceased is a foreigner).

Death registration contents shall be determined according to the death notice or equivalent document issued by the following competent authority:

a) If a person dies at a health facility, the head of health facility shall issue a death notice;

b) If a person dies as a result of enforcement of a death sentence, the President of the Board of death sentence shall issue a document certifying the enforcement of death sentence instead of a death notice;

c) If a person is given a declaration of presumed death by a court, the effective judgment/decision shall replace a death notice;

d) If a person dies in a vehicle, dies from accident, is killed, dies suddenly or dies with doubt, a document certifying the death issued by a police authority or findings of forensic examination agency shall replace a death notice;

dd) If a person dies from another cause other than those prescribed in Points a, b, c, and d of this Clause, the People’s Committee of commune where he/she dies shall issue a death notice.

As regulations above, it is compulsory to include cause of death in the death notice in Vietnam.

Best regards!