Death Registration

Vietnam

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Vietnam Death Registration Burial, ID and Related Services

Burial, ID and Related Services

Burial Permits and Disposal of Bodies

Does the law require that a burial permit be obtained to dispose of a body? If so, does the law require that death is reported to the civil registrar before a burial permit can be obtained?

Yes

Recommended Practice based on International Guidelines

A permit should be required to bury or cremate, or otherwise dispose of, a body. The law should require the reporting of death to the civil registrar before a permit to dispose of the body is issued, to incentivize death registrations. To enforce the requirement of death registration, funeral, burial and cremation services should be required to request proof of reporting of death or death certificate before proceeding with services.
Law Source
UNGOLF para 357

Vietnam Legal Analysis

The mandatory requirement for obtaining a burial permit to dispose of a body is not explicitly expressed in the Civil Status Law. However, the National Decree on Issuance of Copies and Authentication requires presentation of death certificate for burial or cremation services. Local cemetery and crematorium regulations require death certificate before burial.
Law Source
Decree No. 23/2016/ND-CP

Registration Linked to Access to Key Services and Other Incentives

Is proof of death registration required in order to access any public services or benefits?

Yes

Recommended Practice based on International Guidelines

Some countries incentivize higher death registration rates by tying them to key benefits like accessing pension of deceased spouse or permitting remarriage. Some countries offer cash incentives to register deaths.
Law Source
UNGOLF para 559, 560

Vietnam Legal Analysis

Death registration leads to an automatic retirement of ID and closure in population register.
Law Source
Law No. 60/2014/QH13 Article 4(4)
Law No. 59/2014/QH13 Article 23(2)

Retirement of Legal Identity

Does the law link retirment of a UPI and/or identity credential to death registration?

Yes

Recommended Practice based on International Guidelines

When a death is registered, the civil registration authority must transmit this information to the identity management authority so that the identity management authority may retire or deactivate the unique personal identifier and the identity credential of the deceased individual. This information should also be shared with the population register (if a population register is maintained).
Law Source
UNGOLF para 85, 458

Vietnam Legal Analysis

Yes, although the process of retirement of legal identity is not spelled out in one single law. It works through the integration of civil registration and the national population database and citizen ID systems. Once a death is registered, the registrar updates the civil status and population databases to look at the deceased's record. Simultaneously, a citizen's ID card automatically expires after their death. Together, both provisions ensure that the person's legal identity (civil status record, ID number and ID card) is formally retired once the death is registered.
Law Source
Law No. 60/2014/QH13 Article 34(3)
Law No. 59/2014/QH13