Circular 01/2011/tt-Bng: Licensing Procedures Regulation Of Entry Remains, Cremated, Ashes Of Vietnam

Original Language Title: Thông tư 01/2011/TT-BNG: Quy định thủ tục cấp Giấy phép nhập cảnh thi hài, hài cốt, tro cốt về Việt Nam

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Pursuant to the law the Agency represented the Socialist Republic of Vietnam abroad on 18/6/2009;

Pursuant to the law on infectious disease prevention, 21/11/2007;

Pursuant to Decree No. 15/2008/ND-CP on 04/02/2008 of the Government functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;

Pursuant to Decree No. 103/2010/ND-CP dated 01/10/2010 of the Government detailing the implementation of a number of articles of the law on prevention of infectious diseases and border health quarantine;

Implementation of resolution No. 50/NQ-CP on 10/12/2010 of the Government on the simplification of administrative procedures in the scope of the management function of the Ministry of Foreign Affairs;

The State regulates licensing procedures for entry remains, cremated, ashes of Vietnam as follows: article 1. Scope 1. This circular regulates licensing procedures for entry remains, cremated, ashes (hereinafter called permit) on Vietnam by air, road, rail and waterways.

2. Putting the corpse, the remains of the martyr, ashes, volunteers of Vietnam from the countries that share a border with Vietnam because the Defense made not in the scope of this circular.

Article 2. The principle of bringing the corpse, the remains of ashes, Vietnam 1. Putting the corpse, the remains of ashes, Vietnam must match the aspirations of relatives who died, the tradition of the nation and must be competent agencies of Vietnam are stipulated in article 4 of this circular.

2. The transportation of the corpse, the remains, ashes across the border must comply with the provisions of customs legislation, medical quarantine of Vietnam and of the foreign related.

3. The costs relating to bringing the corpse, the remains of Vietnam remains, due to the licensing proposal or relatives who died.

Article 3. His body remains, ashes are allowed to take on Vietnam 1. Except as stated in paragraph 3 of this article,, remains, ashes can take on Vietnam, if the dead person is: a. citizen of Vietnam have registered permanent residence in Vietnam;

b. the Vietnam People residing abroad have relatives (father, mother, father, foster mother, husband, wife, child, adopted child, brother, sister, grandfather, grandmother, grandfather, grandmother, nephew of the dead was the grandfather, grandmother, grandfather, grandmother) usually stay in Vietnam;

c. foreigners resident in Vietnam.

2. Putting on the Vietnam remains, cremated, ashes of those belonging to an unauthorized entry for reasons of national security protection and secure social order, be considered resolved for each specific case.

3. Do not take on Vietnam of infectious disease deaths in Group A as specified in paragraph 1 of article 3 infectious disease prevention Law on 21/11/2007 (influenza A-H5N1;; smallpox plague; hemorrhage due to virus dude-Bosnia-la (Ebola); Slices-sa (Lassa) or Grade-bớc (Marburg); West Nile fever (Nile); yellow fever; cholera; respiratory inflammatory disease caused by viruses and risky new infectious diseases arise unknown pathogens).

Article 4. The Agency has the authority to permit the competent authority to license is diplomatic representations, consular authorities or other authorized bodies perform consular functions of Vietnam abroad (hereinafter referred to as the representative body) where the dead person or country chief representative body or the representative body where the most convenient If there is water in the dead have no representative body.

Article 5. The proposed licensed individual, legal person, agency or organization can suggest if the license in the following cases: 1. the relatives of the dead;

2. People are relatives of the dead written authorization;

3. Agency/owner of the dead; or friends, acquaintances of the dead, if the dead have no relatives or relatives not to take his body, remains, ashes on the water.

Article 6. Licensing procedure 1. The licensing proposal filed 1 record consisting of: a. 1 petition put the corpse, the remains of ashes, according to model No. 01/NG-LS attached herewith;

b. proof of who suggested in an outlined in article 5 of this circular: 1 passport copy or valuable papers, the entry of the proposal;

-01 copy proof of ties with the dead;

-01 copy of Hukou who suggested in the case of the dead in an outlined in point b of paragraph 1 of article 3 of this circular;

-1 original text in case authorization who suggested in an stated at clause 2 article 5 this circular;

-1 original text suggested in case the suggestion is the Agency, owner of the dead referred to in paragraph 3 article 5 this circular;

c. proof of deaths in an outlined in article 3 of this circular:-the original passports or valuable papers, the entry of the dead (if available);

-01 license copy resident in Vietnam of the dead person in the case of the dead in an outlined in point c of paragraph 1 of article 3 of this circular;

-01 copy death certificate by the competent authority of the foreign representative or agency levels;

-01 copy certificates of sanitation, medical quarantine by the competent body of the foreign grants (for the body); certificate of the excavation and the certificate of hygiene, medical quarantine by the competent agency of a foreign (for bones); certificate of cremated remains (for the ashes);

-1 Single snapshot permission bringing corpse, the remains of their loved ones ashes, buried, local preservation under model number 02/NG-LS confirmed consent of the people's Committee of the communes, wards and towns of Vietnam or the Cemetery Administration, if the person dies in Rep stated in point b of paragraph 1 of article 3 of this circular.

2. the recommended license records may be filed directly at the agency representative or send by post.

3. The resolution of the representative body: 3.1. With regard to the case referred to in paragraph 1 of article 3 of this circular, after checking records to see meet the conditions specified in this circular, the Representative undertook the following work:-licensed under model number 03/NG-LS attached to this circular, the Cancel stamp in the passport of the Vietnam dead (if applicable) and return the results to the licensing proposal in 12 working days from the date of receipt of a valid application.

-Inform the licensing for the Bureau of Consular Affairs, customs, the Immigration Agency gate where entry remains, cremated, ashes.

-Value cancellation using the passport of the person who died is Vietnam citizens for immigration management Department of Ministry of public security.

-Log-entry licensing body, cremated, ashes under model number 04/NG-LS attached to this circular.

3.2. for the cases referred to in paragraph 2 of article 3 of this circular, the Agency represented power sent stating the details of identity of the dead person on the Bureau of Consular Affairs in 7 working days from the date of the application.

The Bureau of Consular Affairs has the written Exchange with related agencies in 7 working days from the date of the power of the representative body and has to answer for the representative body in 7 days from the date of receiving the comments of the agencies involved.

In 1 working days since the date of the notice of consent of the Consular Department of the Foreign Ministry, the representative body for licensing and to answer for the results suggest.

Article 7. Archive of records 1. Application for entry permit issuance body, remains, ashes of Vietnam including the papers specified in clause 1 6 of this circular.

2. Representative body must preserve in tight, make archive documents with the following deadlines:-3 years for application for entry permit body remains, ashes;

-No deadline for licensing examination entry Book, ashes, bones.

Article 8. The complaint, report 1. Individual, legal person, agency or organization has the right to complain, accusations against the violations of the law in granting the licence;

2. The complaints, the report referred to in paragraph 1 of this article is resolved in accordance with the legal provisions on complaints, accusations.

Article 9. Implementation 1. This circular has the effect after 45 days from the date of signing. Since the day this circular effect, abolish the model number 05/NG-LS "petition to bring the corpse, the remains of water", model No. 14/NG-LS "entry permit body, remains", model number 15/NG-LS "Window entry licensing body, remains" attached to decision No. 05/2002/QD-BNG on 30/7/2002 of the Minister of Foreign Affairs.

2. the Director of the Bureau, heads the representative body is responsible for implementation of this circular. In the process, if there are obstacles, suggest the representation reflects the timeliness of the Foreign Ministry for instructions settled./.