Regulations on the Use of Cemetery Land for Building Individual Graves

the Government of Vietnam issued Decree 23/2016/ND-CP regulating the construction, management, and use of cemeteries and crematoriums. Notably, the regulations on the construction of individual graves on cemetery land include some notable points as follows:

- The land use area for each immediate burial and single burial plot shall not exceed 05 square meters. (excluding the traffic area between burial plots and burial rows);- The land use area for each secondary burial plot shall not exceed 03 square meters.

Decree 23 stipulates that registration and transfer of individual burial plots are allowed, but must comply with certain regulations as follows:

- Individuals registered in advance for an individual burial plot are not permitted to transfer the burial plot. Individuals registered in advance for an individual burial plot are those as follows:

- Persons aged 70 years or older;- Persons with terminal illnesses as regulated by the Ministry of Health;- Persons with a spouse already buried in the cemetery;

- The transfer of land use rights associated with the infrastructure for individual burial plots in cemeteries constructed with non-state budget funds is carried out through a contract signed between the representative of the investor and the service user. The contract can be made separately or together with a cemetery service contract. Service users who have signed the contract but wish to donate, gift, or transfer the contract to others must re-sign the contract with the investor and the recipient of the donation, gift, or transfer in compliance with current legal regulations.

- The registration dossier for individuals registered in advance for an individual burial plot includes:

- An application form, personal identification documents (citizen ID card or national ID card or household registration);- A hospital confirmation of terminal illness (for terminally ill individuals);- A marriage certificate and death certificate (for individuals with a spouse already buried in the cemetery).

The registration dossier should be submitted to the cemetery management unit in the locality. The processing time shall not exceed 15 working days from the date of receiving a complete and valid dossier.

For more details, see Decree 23/2016/ND-CP, effective from May 27, 2016.

- Thuy Phu -

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