Procedures for death declaration with foreign elements when removing the physical household registration book in Vietnam

Procedures for death declaration with foreign elements when removing the physical household registration book in Vietnam (Internet image)

Procedures for death declaration with foreign elements when removing the physical household registration book is prescribed in Decision 528/QD-BTP in 2023:

1. Application for death declaration with foreign elements when removing the physical household registration book in Vietnam

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

- An interactive electronic form for registration of 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 registration of 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 evidence issued or duly certified by a competent agency or organization to prove the death event
for the case of registration of death declaration for a person who died a long time ago, there is no death notice or replacement paper for the death notice;

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

* Documents to be presented:

- Passport or Identity Card or Citizen's Identity Card, or other papers with photos and personal information attached by a competent authority that are still valid for use to prove the identity of the person requesting registration of death declaration.

In case the personal information in these documents is already in the National Database, the electronic database, which is automatically filled in by the system, it is not required to upload it (in the online form);

- Valuable papers to prove information about residence in case the civil status registration agency cannot extract information about the citizen's place of residence by the methods specified in Clause 2, Article 14 of Decree 104/2022/ND-CP.

In case the information on documents proving the place of residence has been extracted from the National Database on Population by these methods, the requester does not have to present (in person) 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:

+ The receiver is responsible for checking and comparing the information in the declaration, taking pictures or recording the information to save in the file, and returning it to the presenter; copies or photocopies of such documents are not required.

+ 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 registration of death declaration dossier must be clear, complete, and complete in content. They are copies taken with a camera, phone, or electronic device from a validly issued document that is still valid for use.

+ In case the papers and documents that must be enclosed in the online registration of 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 registration of death declaration must present personal papers and submit the originals of papers that are part of the application for registration of death declaration in accordance with the civil status law.

- Papers issued, notarized, or certified by a competent foreign agency for use in civil status registration in Vietnam must be consularly legalized in accordance with law, except for cases exempted under international treaties to which Vietnam is a contracting party.

- In case the requester for registration of death declaration cannot provide the above-mentioned papers as prescribed or the submitted or presented papers are erased, modified, or forged, the civil status registration agency has the authority to cancel the result of registration of death declaration.

2. Order of registration of death declaration with foreign elements upon removal of physical household registration book in Vietnam

* Step 1: Submit application

- If the person chooses to submit the application directly, the person requesting registration of death declaration shall submit the application for registration of 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 registration of death declaration; pay the fee for issuance of a copy of the Death Certificate if there is a request for a copy of the Death Statement.

- For method of online submission, persons who require registration of death declaration can access the National Public Service Portal or the Provincial Public Service Portal, register an account (if they do not have an account), authenticate users according to instructions, log in to the system, and properly identify the competent district-level People's Committee.

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

* Step 2: Settlement of records

- 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 online); transfer the dossier to civil status civil servants for processing.

After receiving the 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 registration of 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 registration of 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 shall be sent to the Single-Window Department to notify the applicant – repeat step (ii) or (iii);

+ In case it is necessary to check, verify, clarify, or due to 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 Single-Window 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 case the application for registration of death declaration is received directly, the civil status civil servants shall record it in the registration of death declaration book, update the registration of death declaration information, and officially save it on the shared electronic civil status management and registration software.

In case of receiving registration of 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, then civil status officers shall record content in the registration of death declaration book, update registration of 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 registration of death declaration shall check the information on the Death Declaration Extract, in the registration of death declaration Book, sign the registration of death declaration Book, and receive the Death Declaration Extract.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE