Order of death declaration with foreign elements in Vietnam

Order of death declaration with foreign elements in Vietnam (Internet image)

Ministry of Justice issues Decision 2228/QD-BTP in 2022 announcing new administrative procedures; Administrative procedures to be amended and supplemented in the field of civil status shall be carried out at civil status registration offices under the management functions of the Ministry of Justice.

Accordingly, the procedures for death declaration with foreign elements are guided as follows:

1. Order of death declaration with foreign elements in Vietnam

- If the person chooses to submit the application directly, the person requesting death declaration shall submit the application for death declaration at the One-stop Section/Public Administration Center of the competent district-level People's Committee; pay fees if they are required to pay fees for death declaration; and pay the fee for issuance of a copy of the Death Certificate if there is a request for a copy of the Death Statement.

- If you choose to submit an online application, the person requesting death declaration can access the National Public Service Portal or Provincial Public Service Portal, register an account (if you do not have an account), authenticate users according to the instructions, log in to the system, and properly identify the competent district-level People's Committee.

Persons requesting online death declaration provide information in an interactive electronic form for death declaration (provided on the Public Service Portal), attaching photocopies or electronic copies of papers and documents according to the law; pay fees and charges through the online payment function or by other methods as prescribed by law, and complete the application.

- The dossier-receiving officer at the Single-Window Department is responsible for checking the accuracy, completeness, consistency, and validity of the dossier.

(i) If the application is complete and valid, the application shall be received; If the application is received after 15:00, an appointment slip will be issued, and the results will be returned to the requester in the next working day (if the requester chooses the form of direct application) or immediately send the Appointment Form, return the results by email, or send an appointment text message via mobile phone to the requester (if the requester chooses to submit the application form online); transfer the dossier to civil status civil servants for processing.

- After receiving dossiers in the form of direct submission, the dossier-receiving officer at the Single-Window Department will digitize (copy, convert into electronic documents on the information system, database) and digitally sign documents and records for handling administrative procedures that have been digitized according to regulations.

(ii) In case the dossier is incomplete or invalid, a notice shall be sent to the requester for supplementation or completion of the dossier, clearly stating the types of papers and contents to be supplemented, so that the requester can supplement and complete the dossier after the records are added, repeat step (i);

(iii) In case the person requesting death declaration fails to supplement or complete the dossier, it shall report to the Head of the Single-Window Department for a notice of refusal to process the request for death declaration.

- Civil status: civil servants verify dossiers (verify the consistency and validity of information in dossiers, papers, and documents submitted, presented, or attached by requesters).

+ In case the dossier needs to be supplemented, completed, or is not eligible for settlement and must be rejected, a notice of the status of the application should be sent to the One-Stop Department to notify the applicant - repeat step ( ii) or (iii);

+ In case it is necessary to check, verify, and clarify, or because of other reasons, the result cannot be returned on time, the civil status officer shall make an apology slip and reschedule the return date, which clearly states the reason for the delay in returning the results and the appointment time to return the results, transfer to the One-Stop Department to pay the requester (if the requester chooses the form of direct submission), or send an apology slip and reschedule the result by email or send a text message via mobile phone to the requester (if the requester chooses to submit the application online).

+ If the application is found to be complete, valid, and in accordance with regulations, in the case of receiving the application for death declaration in direct form, civil status civil servants shall record it in the death declaration book, update the death declaration information, and officially save it on the shared electronic civil status management and registration software.

In case of receiving death declaration dossiers online, civil status officers shall return the electronic death declaration extract form with complete information to the requester via email or digital device.

The requester is responsible for checking the accuracy and completeness of the information on the electronic death declaration extract form and certifying it (maximum one day).

If the requester confirms the information is agreed upon, complete, or has no response after the time limit for the request, civil status officers shall record content in the death declaration book, update death declaration information, and officially save it on the shared electronic civil status management and registration software.

- Civil status civil servants print the extract of the death declaration, submit it to the leader of the People's Committee for signature, and transfer the results to the person who requests it.

- The person requesting death declaration shall check the information on the Death Declaration Extract in the death declaration Book, sign the death declaration Book, and receive the Death Declaration Extract.

2. Application for registration of death with foreign elements in Vietnam

- A declaration of death declaration according to the form (if the requester chooses to submit the dossier in person);

- An interactive electronic form for death declaration (by the requester providing information according to the instructions on the Public Service Portal, if the requester chooses to submit the application in the online form);

- Persons requesting death declaration shall submit/present (in person), or upload (online form) the following documents:

* Documents to be submitted:

- A death notice or a replacement paper for a death notice issued by a competent authority;

- Papers, documents and evidences issued by a competent agency or organization or duly certified to prove the event of death, for the case of death declaration for a person who has died for a long time without a death notice or papers to replace the death notice;

- Power of attorney (certified) as prescribed by law in case of authorization to perform death declaration if the person responsible for death declaration authorizes another person to carry out the death declaration and the authorized person is a grandfather, grandmother, father, mother, child, wife, husband, brother, sister, or younger brother of the principal, the authorization document is not required to be authenticated.

* Documents to be presented:

- Passport, people's identity card, citizen identification card, or other papers with photo and personal information issued by a competent authority, still valid to prove the identity of the person requesting birth registration. In cases where the personal information in these documents is already in the National Database, the electronic database, and is automatically filled in by the system, it is not required to be presented (in direct form) or uploaded (in the online form);

- Proof of residency. In case the information about documents proving the place of residence is already in the National Park Service and is automatically filled in, it is not necessary to present (in direct form) or upload (in the online form);

In case the application is sent via the postal system, it must be enclosed with certified copies of the documents to be presented above.

* Note

- For submitted documents, to present if the requester submits the dossier in person:

+ For papers presented during civil status registration, the recipient is responsible for checking and comparing the information in the declaration, taking pictures or recording information to save in the file, and returning it to the presenter, may not be required to submit a copy or photocopy of such a document.

+ The civil status registration requester may submit a certified true copy of the original, a copy issued from the original book, or a photocopy enclosed with the original papers for comparison. In the event that the requester submits a photocopy enclosed with the original document, the receiver is responsible for checking and comparing the photocopy with the original and signing for certification.

+ The recipient is responsible for properly and fully receiving civil status registration dossiers in accordance with the civil status law, and must not require civil status registrants to submit additional papers that are not required by the civil status law to be submitted.

- For attached documents if the requester submits the application online:

+ Photocopies of documents enclosed with the online death declaration dossier must be clear, complete, and complete in content. A copy taken with a camera, phone, or electronic device is a copy taken from a validly issued document that is still valid for use. If it is a document issued by a foreign competent authority, it must be consularly legalized and translated into Vietnamese according to regulations, except in cases where consular legalization is exempt.

+ In case the papers and documents that must be enclosed in the online death declaration dossier already have an electronic copy or have an electronic copy of the civil status paper, the requester may use this electronic copy.

+ When going to the civil status registration office to receive the results (Death extract extract/copy of Death declaration extract), persons who request death declaration must present their personal papers and submit the originals of the papers that are part of the application for death declaration in accordance with the civil status law.

In case the requester for death declaration cannot provide the above documents as prescribed or the papers submitted or presented are erased, modified, or forged, the competent civil status registration agency shall cancel the results of death declaration.

3. Time limit for processing death declaration requests involving foreign elements in Vietnam

Right on the day of receiving the dossier; if the application is received after 15 hours and cannot be resolved immediately, the results will be returned on the next working day. In the event that verification is required, the time limit for settlement shall not exceed 03 working days.

4. death declaration agency with foreign elements in Vietnam

- The district-level People's Committee of the last place of residence of the deceased shall register the deaths of foreigners or Vietnamese citizens residing abroad who die in Vietnam;

- The district-level People's Committee of the place where the person dies or the place where the dead person's body is discovered shall register the death in case the dead person's last place of residence cannot be determined.

Diem My

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