Order of Procedure

- The applicant submits the dossier for re-registration of death declaration to the People's Committee of the relevant competent district.

- The receiver (the civil status officer) shall have to immediately check the entire application dossier and determine the validity of the papers in the dossiers submitted or presented by the applicant; to compare the information in the Declaration with the 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 need to be supplemented with full name and signature of the receiver.

- If the dossier for re-registration of death declaration has not been supplemented or completed after being guided as regulated, the receiver shall refuse such dossier. The refusal of the dossier for re-registration of death declaration shall be written in text, clearly stating the reasons for the refusal with full name of the receiver.

- The Justice Division shall examine and verify the dossier (if necessary).

- After inspecting and verifying, if the dossier of death declaration is completed and correct; and such re-registration of death meets the provisions of the law, the Justice Division shall report to and ask for the approval of the Chairman of the people’s committee of the district. In case 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; civil status officer shall record such information in the Death Registration Book with the signatures of the applicant and the officer.

* 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 the 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.

How to apply:

- The applicant may re-apply for death certificate in person or authorize other person to apply for it;

- The applicant may submit the application dossier for death declaration 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 relevant authorities to prove the identification of the applicant for death certificate.

If the application dossier is submitted by post, it is required to enclose with the certified copies of the above must-presented-papers.

* Documents to be submitted

- Death Re-registration Form;

- Copy of previous death certificate that was legally issued. If there is no copy of the previous valid death certificate, it shall require submitting the valid related papers proving the death.

- Authorization letter in accordance with the provisions of law in the case of authorization of the application for birth certificate. In case the authorized person is the grandfather, grandmother, father, mother, child, spouse or sibling of the authorizing person, the authorization letter must not be notarized or certified, but it is required to provide with the documents certifying the relationship with the authorizing person.

Number of dossiers: 01 set (of dossier)

Processing time: Five (5) working days.

In case of verification, the time limit for processing the application shall not exceed ten (10) working days.

Applicant of the administrative procedures: Individual

Competent governmental agencies:

- The district-level People's Committee at the place where the previous death certificate of a foreigner or a Vietnamese citizen residing overseas was issued shall  process the re-registration of death declaration.

- If the death registration was previously registered at the commune-level People’s Committee, the re-registration of death declaration thereof shall be processed by the district-level People’s Committee.

- If the death registration was previously registered at the provincial-level People's Committees or Department of Justice, the re-registration of death declaration shall be processed by the district-level People's Committees of the localities where the Department of Justice are headquartered.

Agencies implementing the administrative procedures:

The district-level Justice Division shall receive the application dossier and proceed 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.

Samples of Declaration forms: Death Re-registration Form.  

Requirements, conditions for the implementation of administrative procedure

Death declaration of a Vietnamese citizen residing overseas or a foreigner registered at a competent Vietnamese agency before 1 January 2016, but both death registration book and the original death certificate were lost.

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.