Can family members receive ashes of executed persons in Vietnam?
My brother was sentenced to death for murder. I want to know if my family can receive my brother's ashes to worship after his death? If so, what is the procedure?
Can family members receive ashes of executed persons in Vietnam? (Image from the Internet)
Can family members receive ashes of executed persons in Vietnam?
Pursuant to Article 83 of the Law on Execution of Criminal Judgments 2019, regulations on settlement of petitions for receiving corpses, ashes and mortal remains of executed persons are as follows:
1. Within 3 working days from the date of decision to execute the death sentence, the chief judge of the court which issued the judgment execution decision shall notify relatives or representatives of the executed person in writing for them to make a petition for receipt of corpse of the executed person. Within 3 working days after receiving such notice, the request for receipt of corpse of the executed person shall be submitted the chief judge of the court which issued the notice. The petition for receipt of corpse of the executed person shall specify full name and address of the recipient of the corpse; relationship with the executed person; commitment to ensure security, order and environmental sanitation requirements and to pay all arising expenses. The petition must be certified by the commune-level People's Committee of the place of his/her residence; if the sentenced person is a foreigner, such petition must be certified by a competent agency or a Vietnam-based representative mission of the country of which the sentenced person is a citizen, and be translated into Vietnamese.
2. Within 3 working days after receiving the petition for receipt of corpse of the executed person, the chief judge of the court which issued the judgment execution decision shall notify in writing whether to permit or reject the petition. The petition is rejected, the chief judge must provide explanation in writing.
3. Three working days before executing the death sentence, the chief judge of the court which issued judgment execution decision shall send a written notice to the criminal judgment execution agency of provincial-level police department or of military zone to give the corpse of the executed person for burial or hold a burial for the executed person.
4. If the chief judge of the court which issued the decision to form the death sentence execution council permits the petition, but the death sentence execution council considers that, during the execution process, there is a ground to believe that receipt of the corpse would affect security and order, it may reject the petition and notify the relatives of such rejection and assign the criminal judgment execution agency of provincial-level police department or of military zone shall hold a burial and report the chief judge of the court.
5. The criminal judgment execution agency of provincial-level police department or of military zone shall notify the petitioner as soon as practicable after the execution of receiving the corpse for burial. The delivery and receipt of the corpse shall be carried out within 24 hours after the notification by the criminal judgment execution agency of provincial-level police department or of military zone. The delivery and receipt of the corpse shall be recorded in a minutes signed by the delivering and receiving persons. After this time limit, if the petitioner fails to receive the corpse, the criminal judgment execution agency of the provincial-level police department or military zone shall hold a burial for such executed person.
6. If relatives or representatives of the executed person wish to receive ashes of the executed person and pay all the costs of incineration, the criminal judgment execution agency of provincial-level police department or of military zone shall deliver the corpse and facilitate the delivery of the corpse to the incineration place.
7. In a case where the criminal judgment execution agency of provincial-level police department or of military zone hold a burial for the executed person, 3 years after the date of execution, relatives or lawful representative of the executed person may send a petition to the criminal judgment execution agency of provincial-level police department or of military zone for receiving the executed person’s mortal remains. Such petition must clearly indicate the full name and address of the person to receive the remains, relationship with the executed person; and commitments to meet security, order and environmental sanitation requirements and to pay all arising expenses. The petition must be certified by the commune-level People's Committee of the place of his/her residence; if the sentenced person is a foreigner, such petition must be certified by a competent agency or a Vietnam-based representative mission of the country of which the sentenced person is a citizen, and be translated into Vietnamese. Within 7 days after receiving the petition the criminal judgment execution agency of the provincial-level police department or military zone shall consider and settle it.
Thus, your family can completely apply to receive the ashes of the person sentenced to death according to regulations in Vietnam. But the cost of cremation of executed prisoners is paid by the family themselves.
Best regards!
