Order of procedure
- The
applicant submits the application dossier for death certificate to the People's
Committee of the relevant competent district.
- The civil status officer (referred to the receiver) immediately checks
all the application dossier by verifying the information in the declaration
forms and reviewing the validity of the papers or documents in the application
dossier.
- If the application dossier is
completed and eligible, the receiver shall write a receipt form
which should clearly state the date and time for returning the result; if the
application dossier is not completed, the receiver shall
have to guide the applicant to supplement the documents to complete the dossier
as regulated; in case it is impossible to supplement and complete the dossier
right away, the applicant should be provided with the guidelines in a written
form that clearly states the type of papers, documents or the contents needed
to be supplemented with full name and signature of the receiver.
- If the application dossier for death certificate
has not been supplemented or completed after being guided as regulated, the public official shall refuse such dossier. The
refusal of the application dossier for death certificate shall be written in
text, clearly stating the reasons for the refusal with full name of the receiver.
- Right after receiving the application dossier, if
such application is found to be valid and completed, the Justice Division shall
report to and ask for the approval of the Chairman of the district-level
people’s committee. If the Chairman of the district-level People’s Committee
agrees to process the application, the Chairman shall sign to issue the Death
Certificate to the applicant. The civil status officer shall record such
information in the death registration book with the signatory of the civil
status and the applicant.
- After completing the process of the application
for death certificate, the Justice Division shall report to the Chairman of the
district-level People's Committees to release a written announcement, enclosed
the Death certificate (copies) to the Ministry of Foreign Affairs for notifying
the competent authority of the country where the deceased person is a citizen.
* Notes:
+ In case the applicant submits a paper which is a
copy issued from the original book or certified copy of the original, the civil
status officer shall not require the applicant to show the originals; if the
applicant submits only the copies with the present of the originals, the civil
status officer shall compare the copies to the originals and then sign the
copies to confirm the comparison of the contents of both types of documents
without asking the applicant for the certified copies of such documents.
+ If it
is required to present the papers by law when applying for civil status, the
civil status officer shall have to check the papers, compare them with the
information in the declaration forms and return them to the applicant without
asking the applicant for submitting a copy of such documents. The civil status officer
may take one copy of the presented documents or write down the information of
the submitted paper for filing.
+ Papers issued, notarized or certified by foreign
competent agencies for the use in civil status registration in Viet Nam must
have apostille certification, except for cases from countries which have signed
the international Apostille Convention with Viet Nam as a member; the documents
in a foreign language must be provided with a notarized or certified Vietnamese
translation as prescribed by law.
+ The civil
status officer should fully accept the eligible and completed application
dossier according to the provisions of the law without requiring the applicant
to submit any other types of documents that are not included in the regulations
on the required documents.
How to apply:
- The applicant who directly
sumits the application for death certificate may perform the application for
death certificate or authorize another person to do it.
- The applicant may submit the
application dossier for death certificate in person to the People’s Committee
of the relevant competent district or
send it by post.
Dossier Components:
* Documents
to be presented
- Passport or identity card
or other type of valid papers affixed with photos and personal information
issued by the competent agencies to prove the identification of the applicant
who applies for death certificate;
- Documents
proving the final residence of the deceased person to determine the authority (during the time when the National Database on Population and the
National E-Citizens Database have not been completedly built and implemented
nationwide); ff the deceased person's residence can not be identified, it is
required to show a document proving where he/she died or where the body of the
deceased person was discovered.
In case the application dossier is submitted by
post, it is required to enclose with the certified copies of the above
documents.
* Documents to be submitted
- Death Application Form;
- Death Notice or any alternative documents issued
by a competent authority.
- A written authorization in accordance with the
law in case of authorization to applying for the death certificate.
Number of
dossiers: 01 set (of
dossier)
Processing time: On the
day of accepting the application dossier; if the application dossier can not be
processed after 15 hours of being received by the civil status officer, the
results shall be returned within the following working day. In case the
verification is needed, the processing time shall not exceed three (3) working
days.
Applicant of the administrative procedures: Individual.
Competent
governmental agencies:
- The district-level People’s Committee which is
the last residence of the deceased person shall process the application for
death certificate for a foreigner or overseas Vietnamese citizen who died in
Viet Nam.
- The district-level People’s Committee where such
person died or the deceased’s body was discovered shall process the death
registration in case the deceased person’s residence can not be identified.
Agencies implementing the administrative procedures:
The district-level Justice Division
shall receive the application dossier and process to ask the Chairman of the
district-level People's Committees for the consideration and decision.
Coordinating
agencies: None.
Results of the applied administrative procedure: Death Certificate
Fees: VND75.000
Exemption
of fees of the application for civil status registration for the members of
families with meritorious services to the revolution; members of the poor
households; people with disabilities.
(Clause No.2 of the Article No.1 in the Decision No.123/2016/QĐ-UBND dated
20 December 2016 by Lao Cai provincial People’s Committee)
Samples of Declaration forms: Death Application Form
Legal bases:
- Civil Status Law in 2014;
- Decree No.123/2015/NĐ-CP
dated 15 November 2015 by the Government regulating a number of articles and measures for the
implementation of the Civil Status Law;
- Circular No.15/2015/TT-BTP dated 16 November 2015 by the Ministry of
Justice guiding the implementation of a number of articles in the Civil Status
Law and the Decree No.123/2015/NĐ-CP
dated 15 November 2015 by the Government regulating a number of articles and measures for the
implementation of the Civil Status Law;
- Decision No.123/2016/QĐ-UBND dated 20 December 2016
by Lao cai provincial People’s Committee regulating the rates (fees) of civil status
registration and its management and use
in Lao Cai province./.