Procedures for DNA testing and notification of results for martyr remains in Vietnam

Procedures for DNA testing and notification of results for martyr remains in Vietnam
Quoc Trinh

The content of the article presents the current regulations on procedures for DNA testing and notification of results for martyr remains and related regulations.in Vietnam

Thủ tục giám định ADN và thông báo kết quả với hài cốt liệt sĩ

Procedures for DNA testing and notification of results for martyr remains in Vietnam (Image from the Internet)

1. Procedures for DNA testing and notification of results for martyr remains in Vietnam

Article 148 of Decree 131/2017/ND-CP stipulates the procedures for DNA testing and notification of results for martyr remains in Vietnam as follows:

- The DNA testing unit is responsible, within 06 months from the date of receiving the sample, to:

+ Conduct DNA testing on martyr remains and comparison samples of the martyr's relatives.

+ Store and update DNA testing results into the DNA database center; compare and match DNA of martyr remains with DNA of the comparison samples of the martyr's relatives.

+ Send the DNA-tested martyr remains sample to the Department of Labor - Invalids and Social Affairs where the cemetery is managed.

+ Send DNA testing results to the Department of People with Meritorious Services.

- The Department of People with Meritorious Services is responsible, within 03 working days from the date of receiving the DNA testing results, to notify the DNA testing results to the Department of Labor - Invalids and Social Affairs where the cemetery is managed (02 copies), and the Department of Labor - Invalids and Social Affairs managing the original records.

- The Department of Labor - Invalids and Social Affairs where the martyr's grave is managed is responsible to:

+ Forward the notification of the DNA testing result to the representative of the martyr's relatives or the beneficiary of the martyr worship allowance, and to return the DNA-tested martyr remains sample to the martyr's grave within 05 working days from the date of receiving the DNA testing result notification.

+ In cases where information about the martyr is determined, issue a decision identifying the remains of a martyr with missing information according to Form 76 Appendix I of Decree 131/2017/ND-CP, issue a martyr grave notification to the martyr's relatives within 05 working days from the date of receiving the notification from the Department of Labor - War Invalids and Social Affairs managing the original records; re-engrave the information on the martyr's tombstone.

2. Procedures for DNA analysis to identify inidentified martyr remains in Vietnam

Article 7 of Circular 119/2023/TT-BQP governs the procedures for DNA analysis to identify inidentified martyr remains in Vietnam as follows:

The MOLISA completes the dossier requesting DNA analysis, supplements necessary information into the sample dossier, and codes the sample symbol according to specialized regulations. It then determines and requests the competent examination agency to carry out DNA analysis. The dossier and sample are handed over to the agency tasked with identifying unidentified martyr remains.

The examination agency receives the dossier, supplements professional information, constructs an DNA analysis plan, and assigns an examination team to perform the DNA analysis task.

The examination team executes the DNA analysis process as per the plan.

The examination agency delivers the DNA analysis results and returns the remaining samples post-analysis to MOLISA for processing in accordance with regulations.

The DNA analysis process is detailed in Appendix IV issued together with Circular 119/2023/TT-BQP.

3. Principles for Implementing Procedures to Identify Unidentified Martyr Remains in Vietnam

Article 8 of Circular 119/2023/TT-BQP provides the principles for implementing the procedures to identify unidentified martyr remains in Vietnam as follows:

The four procedures stipulated in Article 4, Article 5, Article 6, and Article 7 of Circular 119/2023/TT-BQP are technical procedures of two methods: evidential and DNA examination; they are dialectically related to each other.

It is possible to apply one, two, three procedures or all procedures until there is sufficient scientific basis to determine the identity of the martyr remains.

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