– Law on Civil Status 60/2014/QH13 dated November 20, 2014 (“Law on Civil Status”);
– Decree 123/2015/ND-CP dated November 15, 2015 on guidelines for Law on Civil Status (“Decree 123/2015/ND-CP”);
– Circular 04/2020/TT-BTP dated May 28, 2020 elaborating a number of articles of Law on Civil Status and the Government’s Decree 123/2015/ND-CP dated November 15, 2015 on guidelines for Law on Civil Status (“Circular 04/2020/TT-BTP”);
– Circular 85/2019/TT-BTC dated November 29, 2019 guidance on fees and charges falling under the decision-making authority of the People’s Councils of provinces and centrally run cities, promulgated (“Circular 85/2019/TT-BTC”).
1. Regulated entities:
1.1. Vietnamese citizens;
1.2. Vietnamese persons residing abroad; Foreigners (referred to as “cases involving foreign element”).
2. Procedure of death registration
2.1. Step 1: Preparation:
(i) The death registration period:
Within fifteen (15) days after the date a person dies, his/her spouse, child, parent or other relatives of the deceased person shall submit a dossier of request for death registration at the competent People’s Committee at the last place of residence of the deceased person.
If the last place of residence of the deceased person cannot be identified, the commune-level People’s Committee at the place where the deceased person dies or is found deceased shall register his/her death.
(ii) Dossier for death registration includes:
Documents to be submitted: one (01) original for each document:
a. An application form for death registration under the form as prescribed;
b. Death notice or equivalent documents issued by a competent authority. Documents equivalent to the death notices include:
– If a person dies at a health facility: the head of health facility shall issue a death notice;
– If a person dies as a result of enforcement of a death sentence: the President of the Board of death sentence shall issue a document certifying the enforcement of death sentence instead of a death notice;
– If a person is given a declaration of presumed death by a Court: the effective judgment/decision shall replace a death notice;
– If a person dies in a vehicle, dies from accident, is killed, dies suddenly or dies with doubt, a document certifying the death issued by a police authority or findings of forensic examination agency shall replace a death notice.
c. Papers, documents and evidences issued by competent agencies or organizations or a valid confirmation of death for the case of registration of death that happened a long time ago without a death notice or an equivalent document to replace death notices;
d. Power of attorney (certified) as prescribed by law in case of authorization to perform death registration. In case the person being responsible for death registration authorizes another person who is his/her grandfather, grandmother, father, mother, child, spouse, biological sibling to carry out the death registration, the power of attorney is not required to certified.
Documents to be presented:
a. Passport or ID card or citizen ID card or other papers with photos and personal information issued by a competent authority, remaining valid for identity verification purpose of the person requesting death registration (one (01) original);
b. Documents proving the last place of residence of the deceased person to determine the competence (during the transitional period) (one (01) original and one (01) copy);
c. If the last place of residence of the deceased person cannot be identified, a paper proving of the place where such person dies or is found deceased shall register his/her death (one (01) original).
If sending the application by postal services, certified copies of the mentioned-above documents are required.
– In case the applicant submits a copy issued from the master register or certified from the original as prescribed by law, the recipient must not request the original; if the applicant only submits a non-certified copy and presents the original, the recipient shall check and compare the copy with the original and countersign on the copy, and must not request a certified copy;
– For documents to be presented, the recipient shall inspect and compare them with information in the application, take a photo or record information to keep with the application and then return them to the presenter, and must not request a certified or non-certified copy;
– Papers issued, notarized or certified by a competent authority of a foreign country to be used for civil status registration in Vietnam must be consularly legalized, unless exempted under international treaties to which Vietnam is a contracting party; Any document written in foreign language shall be translated to Vietnamese and the translation shall be notarized or the translator’s signature shall be certified as prescribed by law;
– The recipient shall receive the sufficient application in accordance with the law on civil status, and must not request the applicant to submit additional papers which are not required by the law on civil status.
2.2. Step 2: Application submission:
(i) Place of application submission:
a. For Vietnamese citizen: Persons requesting death registration shall submit the application to the competent Commune-level People’s Committees;
b. For foreigners or Vietnamese persons residing abroad who die in Vietnam: Persons requesting death registration shall submit the application to the competent District-level People’s Committees.
(ii) Method of application submission:
The person requesting death registration directly performs or authorizes another person to perform the death registration. The person performing the death registration can:
a. Directly submit the application at the competent People’s Committee; or
b. Submit the application by postal services; or
c. Submit the application on the online civil status registration system.
(iii) Application receipt:
a. The recipient shall immediately check the entire application, compare the information in the application and the validity of the papers in the application submitted and presented by the applicant;
b. In case of complete and valid application, the recipient shall issue a receipt, clearly stating the date and time to return the results;
c. In case of incomplete application, the recipient shall guide the applicant to submit the additional papers and complete the application as prescribed; if it is unable to supplement or complete the application immediately, the recipient shall make a written instruction, clearly stating the type of paper and the content to be supplemented and completed, then sign with full name of the recipient.
2.3. Step 3: Settlement of death registration:
(i) Time limit:
On the day of receiving the application, if the application is received after 15:00 but cannot be resolved immediately, the result will be returned in the next working day;
In case of application submission by the Postal Services and cases involving foreign elements: In case of necessity to verify, the processing time should not exceed three (03) working days.
(ii) Settlement of death registration:
a. Upon receipt of the complete application as prescribed, if the death registration information is complete and appropriate, the civil status officials/ the Justice Division shall send it to the President of the competent People’s Committee for decision. In case the President of the competent People’s Committee accepts the registration, the death certificate extract shall be signed and issued to the applicant;
b. The civil status officials shall record it in the death registration book;
c. The civil status officials/ persons returning the result shall instruct the applicant to check the contents of death certificate extract and the death registration book, and sign it together with the applicant;
d. For cases involving foreign elements: After death registration, the Justice Division reports to the President of the People’s Committee of the district to send a written notice enclosed with the death certificate extract (copy) to the Ministry of Foreign Affairs in order to notify the competent agency of the foreign country of which the deceased person is a citizen.
(iii) Fees: According to the fee collection rate set by the Provincial People’s Council. Fees shall be exempted in cases of on-time death registration, civil status registration for members of families that have rendered meritorious services to the revolution, members of poor households; persons with disabilities.