Procedures for death declaration

Procedures for death declaration
Posted date: 22/02/2021

FDVN’s opinions:

According to Article 30 of the Civil Code 2015, “When an individual dies, he/she has the right to have his/her death declared.”. Death declaration is the right of citizens.

[1] Competent agency:

According to Article 32 of the Law on Civil status 2008, the death declaration registration is carried out at the commune-level People's Committee of the last place of residence of the dead. In case the last place of residence of the dead cannot be determined, the People's Committee of the commune where the dead died or the place where the dead's body is found shall be the place for death declaration.

[2] Death declaration records

- Death registration declaration (Form at Circular No. 15/2015/TT-BTP)

- Death notice

- Identity card, household registration book or temporary residence paper of the dead

- Presenting the original identity card or passport of the person dying

[3] Content of death declaration

According to Clause 2, Article 4 of Decree 123/2015/ND-CP, the death declaration includes the following information: Full name, middle name, year of birth of the dead; personal identification number of the dead, if any; place of death; cause of death; time of death (hour, day, month, year) according to the solar calendar; nationality if the dead is a foreigner.

Death declaration contents shall be determined according to the death notice or equivalent document issued by the following competent authority:

 If a person dies at a health facility, the head of the 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 an 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;

 If a person dies from another cause other than those prescribed in Points a, b, c, and d Clause 2 Article 4 of Decree No. 123/2015/ND-CP, the People's Committee of the commune where such person died has the responsibility to issue the death notice.

[4] Procedures for death declaration

Step 1: Within 15 days from the date of death, the deceased's spouse or child, father, mother or another relative of the deceased person shall register the death to submit a declaration according to the prescribed form and death notice or paper another paper replaces the death notice for the civil status registration agency. In case the dead person does not have a relative, the representative of the concerned agency, organization, or individual shall have to declare his/her death.

Step 2: As soon as practicable after receiving such application, if the death registration is considered justifiable, the civil status official shall document it to the vital records, and the applicant shall bear the signature and full name in the vital records; the President of People’s Committee of commune shall then issue each parent with one original copy from the vital records.

Step 3: Judicial officers - civil status lock civil status information of the dead in the electronic civil status database.

Above is FDVN Law Firm's opinion for your consulting requests based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Nguyen Thi Thanh Thanh Tra - FDVN Law Firm



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