Who shall declare death for lonely, old people, who have no relatives in Vietnam?

Who shall declare death for lonely, old people, who have no relatives in Vietnam?

Pursuant to Article 33 of the Law on Civil Status in 2014 stipulating 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.

As regulations above, justice and civil status officers shall declare death for lonely, old people, who have no relatives in Vietnam.

In Vietnam: Is it compulsory to declare death at place of birth registration?

Pursuant to Article 32 of the Law on Civil Status in 2014 stipulating competence to register death as follows:

Commune-level People's Committees of the last places of residence of deceased persons shall register their death. If the last place of residence of the deceased person cannot be identified, the commune-level People's Committee of the place where such person dies or his/her body is found shall register his/her death.

As regulations above, it is not compulsory to declare death at place of birth registration. Commune-level People's Committees of the last places of residence of deceased persons shall register their death.

What are death registration contents in Vietnam?

Pursuant to Article 4 of the Decree 123/2015/NĐ-CP stipulating death registration contents as follows:

1. Birth registration contents shall being determined as prescribed in Clause 1 Article 14 of the Law on civil status the following regulations:

a) The child’s full name; race shall be determined subject to agreement of the parents as prescribed in civil law and specified in the application form for birth registration; if the parents do not or fail to reach an agreement, common practice shall prevail;

b) The child’s nationality shall be determined as prescribed in law on nationality;

c) The personal identification number of the person whose birth is registered shall be issued upon the birth registration. Procedures for issuance of personal identification numbers shall be consistent with the Law on identification numbers and the Decree on guidelines for the Law on identification numbers, in accordance with the Law on civil status and this Decree;

d) Date of birth shall be determined according to solar calendar. The child's place of birth, sex shall be determined according to the certificate of live birth issued by a competent health facility; in case of absence from a certificate of live birth, the equivalent document shall be determined as prescribed in Clause 1 Article 16 of the Law on civil status.

If a child was born at a health facility, the health facility’s name and name of the administrative division of commune/district/province where the health facility is located shall be specified in the place of birth. If a child is born outside a health facility, the name of the administrative division of commune/district/province where the child was born.

dd) Native place of the person whose birth is registered shall be determined as prescribed in Clause 8 Article 4 of the Law on civil status.

2. 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.

Above are death registration contents in Vietnam.

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