Thông tư 01/2011/TT-BNG

CIRCULAR

STIPULATING THE PROCEDURES FOR GRANTING PERMITS FOR THE ENTRY OF HUMAN CORPSES, REMAINS AND ASHES INTO VIETNAM

Pursuant to the June 18, 2009 Law on Overseas Representative Missions of the Socialist Republic of Vietnam;

Pursuant to the November 21, 2007 Law on Prevention and Control of Infectious Diseases;

Pursuant to the Government's Decree No. 15/2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;

Pursuant to the. Government's Decree No. I03/2010/ND-CP of October 1, 2010, detailing a number of articles of the Law on Prevention and Control of Infectious Diseases and border quarantine;

In furtherance of the Government's Resolution No.50/NQ-CP of December 10, 2010, on simplification of administrative procedures falling under the management of the Ministry of Foreign Affairs;

The Ministry of Foreign Affairs stipulates the procedures for granting permits for the entry of human corpses, remains and ashes into Vietnam as follows;

Article 1. Scope of regulation

1. This Circular provides for the procedures for granting permits for the entry of human corpses, remains and ashes (below referred lo as permits) into Vietnam by air, land, waterway or railway.

2. The transportation of corpses, remains and ashes of Vietnamese war martyrs or army volunteers into Vietnam from bordering countries by the Ministry of National Defense is not governed by this Circular.

Article 2. Principles of transportation of human corpses, remains and ashes into Vietnam

1. The transportation of human corpses, remains and ashes into Vietnam must conform to the aspirations of the deceased's relatives as well as national traditions and must have permits granted by competent Vietnamese agencies defined in Article 4 of this Circular.

2. The cross-border transportation of human corpses, remains and ashes must comply with the laws on customs and quarantine of Vietnam and related foreign countries.

3. Expenses for transportation of human corpses, remains and ashes into Vietnam will be paid by permit applicants or the deceased's relatives.

Article 3. Human corpses, remains and ashes permitted for transportation into Vietnam

1. Except for the cases specified in Clause 3 of this Article, human corpses, remains and ashes can be transported back into Vietnam, if the deceased are:

a/ Vietnamese citizens with permanent residence registration in Vietnam:

b/ Overseas Vietnamese with relatives (natural parent, adopted parent, spouse, offspring, adopted child, sibling, paternal grandparent, maternal grandparent or grandchild of the deceased) residing in Vietnam;

c/ Foreigners permanently residing in Vietnam.

2. The transportation into Vietnam of the corpses, remains or ashes of persons not permitted for entry for reasons of national security or social order and safety will be considered on a case-by-case basis.

3. It is not permitted to transport into Vietnam the corpses of persons who die of infectious diseases of group A specified in Clause 1, Article 3 of the November 21,2007 Law on Prevention and Control of Infectious Diseases (A-H5N1 flu; plague: smallpox; Ebola. Lassa or Marburg viral hemorrhagic fever; West Nile fever; yellow fever, cholera; SARS and newly emerging dangerous infectious diseases with unknown pathogenic agents).

Article 4. Agencies competent to grant permits

Agencies competent to grant permits are overseas Vietnamese diplomatic missions, consulates or other agencies authorized to perform the consular functions (below referred collectively to as representative missions) in countries where appear the deceased or representative missions cross-accredited to those countries, or representative missions in most convenient places, if there is no representative mission in countries where appear the deceased.

Article 5. Permit applicants

Individuals, legal persons, agencies or organizations may apply for permits in the following cases:

1. Relatives of the deceased;

2. Persons authorized in writing by relatives of the deceased;

3. Agencies/ units managing the deceased, or friends, acquaintances of the deceased who have no relatives or whose relatives do not oppose the transportation of their corpses, remains or ashes back to the country.

Article 6. Permit-granting procedures

1. A permit applicant shall file a dossier comprising:

a/ An application for transportation of corpse, remains or ash into the country, made according to form No. 01/NG-LS promulgated together with this Circular (not printed herein):

b/ Papers evidencing the applicant falling into a case specified in Article 5 of this Circular:

- 1 copy of the applicant's passport or paper of immigration validity;

- 1 copy of the paper proving his/her relationship with the deceased:

- 1 copy of the household registration book of the applicant, if the deceased falls into a case specified at Point b, Clause 1, Article 3 of this Circular;

- The original paper of authorization, if the applicant falls in to a case specified in Clause 2, Article 5 of this Circular;

- The original application, if the applicant is the agency or organization managing the deceased, as stated in Clause 3, Article 5 of this Circular;

c/ Papers evidencing that the deceased falls into a case specified in Article 3 of this Circular:

- The deceased's original passport or paper of immigration validity (if any);

- 1 copy of the deceased's permit for permanent residence in Vietnam, if the deceased falls into a case specified at Point c. Clause I, Article 3 of this Circular;

- 1 copy of the death certificate issued by a competent foreign body or a representative mission;

- 1 copy of the sanitation and quarantine certificate issued by a competent foreign agency (for human corpses); exhumation certificate and sanitation and quarantine certificate issued by a competent foreign agency (for remains); cremation certificate (for ashes);

- 1 copy of the application for a permit for transportation of the corpse, remains or ashes for burial or preservation in a locality, made according to form No.02/NG-LS with written consent of a Vietnamese commune/ward/ township People's Committee or the cemetery-managing unit, if the deceased falls into a case specified at Point b. Clause 1, Article 3 of this Circular.

2. Dossiers of application for permits can be filed directly or sent by post to representative missions.

3. Settlement by representative missions:

3.1. For cases specified in Clause 1, Article 3 of this Circular, if seeing that the filed dossier fully meets the conditions specified in this Circular, the representative mission shall:

- Grant a permit according to form No. 03/ NG-LS. promulgated together with this Circular (not printed herein), append a cancellation mark on the deceased's Vietnamese passport (if any) and issue the result to the permit applicant within 1 working day after receiving the complete and valid dossier.

- Notify the grant of a permit to the Consular Department of the Ministry of Foreign Affairs, border-gate customs office and border-gate immigration office in the place where the corpse, remains or ashes are brought to.

- Notify the invalidation of the passport of the deceased being a Vietnamese citizen to the Immigration Department of the Ministry of Public Security.

- Record in the book on grant of permits for the entry of corpses, remains or ashes, made according to form No. 04/NG-LS promulgated together with this Circular (not printed herein).

3.2. For cases mentioned in Clause 2, Article 3 of this Circular, the representative mission shall, within 01 working day after the receipt of the complete and valid dossier, send a telegram to the Consular Department of the Ministry of Foreign Affairs, stating the personal details of the deceased.

The Consular Department of the Ministry' of Foreign Affairs shall, within 1 working day after the receipt of the telegram from the representative mission, send official letters to the agencies concerned and reply the representative mission within 1 working day after receiving replies from the concerned agencies.

Within 1 working day after the receipt of the consent of the Consular Department of the Ministry of Foreign Affairs, the representative mission shall grant a permit and issue the result to the applicant.

Article 7. Archive of dossiers

1. Dossiers of application for permits for the entry of human corpses, remains or ashes into Vietnam comprise the papers specified in Clause 1. Article 6 of this Circular.

2. Representative offices shall strictly preserve and archive the dossiers within the following time limits:

- Three years, for dossiers of application for permits for the entry of corpses, remains or ashes;

- Permanently, for books on grant of permits for the entry of corpses, remains or ashes.

Article 8. Complaints and denunciations

1. Individuals, legal persons, agencies and organizations may lodge their complaints or denunciations against law-breaking acts in the grant of permits.

2. Complaints and denunciations mentioned in Clause 1 of this Article shall be settled in accordance with the law on complaints and denunciations.

Article 9. Organization of implementation

1. This Circular takes effect 45 days from the date of its signing. After this Circular takes effect, form No. 05/LS-NG "Application for transportation of corpses and remains back into the country," form N0.14/NG-LS "Permit for entry of corpses and remains," form No. 15/ NG-LS "Book on grant of permits for entry of corpses and remains," which were promulgated together with the Minister of Foreign Affairs' Decision No. 05/2002/QD-BNG of July 30, 2002, will be annulled.

2. The Director of the Consular Department and heads of representative missions shall organize the implementation of this Circular. Any problems arising in the course of implementation should be promptly reported by representative missions to the Ministry of Foreign Affairs for guidance.-