Circular No. 01/2011/TT-BNG stipulates the procedures for issuing Entry Permits to bring corpses, remains, and ashes back to Vietnam.

CIRCULAR

Regulations on Procedures for Issuing Entry Permits to Bring Remains, Bones, and Ashes Back to Vietnam

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Pursuant to the Law on Diplomatic Missions of the Socialist Republic of Vietnam Abroad dated June 18, 2009;

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

Pursuant to Decree No. 15/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

Pursuant to Decree No. 103/2010/NĐ-CP dated October 1, 2010 of the Government detailing implementation of certain provisions of the Law on Prevention and Control of Infectious Diseases and Health Quarantine at Border Gates;

To implement Resolution No. 50/NQ-CP dated December 10, 2010 of the Government on simplifying administrative procedures within the scope of the functions of the Ministry of Foreign Affairs;

The Ministry of Foreign Affairs hereby regulates the procedures for issuing Entry Permits for corpses, remains, and ashes to be brought back to Vietnam as follows:

Article 1. Scope of Regulation

Article 1. This Circular stipulates the procedures for issuing Entry Permits for corpses, remains, and ashes (hereinafter referred to as Entry Permit) to be brought back to Vietnam by air, land, sea, and rail.

2. The repatriation of remains, bones, and ashes of烈士遗体、遗骨和骨灰从与越南接壤的国家回国由国防部执行，不属本通函调整范围。

Article 3. Principles for bringing corpses, remains, and ashes back to Vietnam

1. Bringing remains, bones, and ashes back to Vietnam must comply with the wishes of the deceased's relatives, national traditions, and must be approved by the competent authority of Vietnam specified in Article 4 of this Circular through issuing a permit.

Clause 2. Transporting corpses, remains, and ashes across the border must comply with the laws of Vietnam and relevant foreign countries concerning customs and health quarantine.

Clause 3. All costs related to bringing corpses, remains, and ashes back to Vietnam shall be borne by the person requesting the Entry Permit or the deceased's relatives.

Article 3. Remains, bones, ashes may be brought back to Vietnam

1. Except for the cases specified in Clause 3 of this Article, remains, bones, ashes may be brought back to Vietnam if the deceased is:

a. Vietnamese citizens who have permanent residence registration in Vietnam;

b. Overseas Vietnamese with relatives (biological father, biological mother, adoptive father, adoptive mother, husband, wife, biological child, adopted child, full brother, full sister, full younger brother, full younger sister, paternal grandfather, paternal grandmother, maternal grandfather, maternal grandmother, grandchild of the deceased being the paternal grandfather, paternal grandmother, maternal grandfather, or maternal grandmother) permanently residing in Vietnam;

c. Foreigners permanently residing in Vietnam.

2. Bringing back to Vietnam the remains, bones, and ashes of individuals who are not permitted entry due to reasons of national security and public order shall be considered and resolved on a case-by-case basis.

3. Remains of individuals who died from infectious diseases classified under Group A as stipulated in Clause 1, Article 3 of the Law on Prevention and Control of Infectious Diseases dated November 21, 2007 (Avian Influenza A-H5N1; Plague; Smallpox; Ebola Hemorrhagic Fever; Lassa Fever or Marburg Fever; West Nile Fever; Yellow Fever; Cholera; Severe Acute Respiratory Syndrome caused by viruses and newly emerging dangerous infectious diseases with unknown causative agents) shall not be brought back to Vietnam.

Article 4. Authority to Issue Permit

The competent authority issuing the permit is the diplomatic mission, consular office, or other entity authorized to perform consular functions of Vietnam abroad (hereinafter referred to as the diplomatic mission) where the deceased is located, or the diplomatic mission concurrently responsible for that country, or the most convenient diplomatic mission if there is no diplomatic mission in the country where the deceased is located.

Article 5. Person Requesting the Permit

Individuals, legal entities, agencies, organizations may request the Permit if they fall under the following circumstances:

1. Relatives of the deceased;

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

3. The management agency/unit of the deceased; or friends, acquaintances of the deceased, if the deceased has no relatives or the relatives do not object to the bringing back of the remains, bones, ashes.

Article 6. Procedure for Issuing the Permit

1. The person requesting the Permit submits one set of application documents including:

a. One application form for bringing remains, bones, and ashes back to the country according to Form No. 01/NG-LS issued together with this Circular;

- One copy of the passport or travel document of the applicant;

- One copy of the document proving kinship with the deceased;

- One copy of the household registration book of the applicant in cases where the deceased falls within the category specified in Point b, Clause 1, Article 3 of this Circular;

- One original power of attorney in the case where the applicant falls under Clause 2 of Article 5 of this Circular;

- One original request letter in cases where the applicant is the managing agency or unit of the deceased as specified in Clause 3, Article 5 of this Circular;

c. Documents proving that the deceased falls within the categories specified in Article 3 of this Circular:

- Original passport or travel document of the deceased (if available);

- One copy of the permanent residence permit in Vietnam of the deceased in cases where the deceased falls within the category specified in Point c, Clause 1, Article 3 of this Circular;

- One copy of the death certificate issued by the competent authority of the foreigner or the diplomatic mission;

- One copy of the health and medical quarantine certificate issued by the competent authority of the foreign country (for remains); excavation and health and medical quarantine certificates issued by the competent authority of the foreign country (for bones); cremation certificate (for ashes);

- One copy of the Application for Permission to Transport the Remains, Bones, and Ashes of Relatives for Burial or Preservation in the Local Area according to Form No. 02/NG-LS confirmed by the People's Committee of the commune, ward, town of Vietnam or the cemetery management agency, if the deceased falls within the category specified in Point b, Clause 1, Article 3 of this Circular.

3. Resolution by the Diplomatic Mission:

3.1. For the cases specified in Clause 1 of Article 3 of this Circular, after reviewing the application and finding that all conditions stipulated in this Circular are met, the Diplomatic Mission will undertake the following actions:

- Issue the permit according to Form No. 03/NG-LS issued together with this Circular, stamp "void" on the Vietnamese passport of the deceased (if available), and deliver the result to the applicant within one working day from the date of receipt of complete and valid documents.

- Notify the issuance of the Permit to the Consular Department of the Ministry of Foreign Affairs, Customs at the port of entry, and the Exit-Entry Management Agency at the port of entry.

- Notify the cancellation of the validity of the passport of the deceased who is a Vietnamese citizen to the Exit-Entry Administration Department of the Ministry of Public Security.

- Record in the Entry Permit Register for Remains, Bones, Ashes according to Form No. 04/NG-LS issued together with this Circular.

3.2. For the case specified in Clause 2, Article 3 of this Circular, the diplomatic mission shall send an electronic message containing detailed personal information of the deceased to the Consular Department of the Ministry of Foreign Affairs within one working day from the date of receipt of complete documents.

The Consular Department of the Ministry of Foreign Affairs shall exchange letters with relevant agencies within one working day from the date of receipt of the electronic message from the diplomatic mission and reply to the diplomatic mission within one working day from the date of receipt of feedback from the relevant agencies.

Within one working day from the date of receipt of the notification of approval from the Consular Department of the Ministry of Foreign Affairs, the Diplomatic Mission will issue the Permit and deliver the result to the applicant.

Article 7. Record Keeping

1. The application file for obtaining an Entry Permit for corpses, remains, and ashes to be brought back to Vietnam shall include the documents specified in Clause 1 of Article 6 of this Circular.

2. Diplomatic agencies must strictly preserve and store the files according to the following timeframes:

- Three years for the application file for obtaining an Entry Permit for corpses, remains, and ashes;

- There is no time limit for the Entry Permit Booklet for Remains, Bones, and Ashes.

Article 8. Complaints and Reports

1. Individuals, legal entities, agencies, and organizations have the right to lodge complaints or reports against violations of the law in the issuance of permits.

2. The complaints and reports referred to in Clause 1 of this Article shall be resolved in accordance with the laws on complaints and reports.

Article 9. Implementation Organization

1. This Circular takes effect 45 days from the date of signature. From the date this Circular takes effect, the forms No. 05/NG-LS "Application for Bringing Remains and Relics Back", No. 14/NG-LS "Entry Permit for Remains and Relics", and No. 15/NG-LS "Entry Permit Booklet for Remains and Relics" issued together with Decision No. 05/2002/QĐ-BNG dated July 30, 2002 of the Minister of Foreign Affairs are abolished.

2. The Director of the Consular Department and the Heads of the diplomatic missions are responsible for organizing the implementation of this Circular. During the implementation process, if there are difficulties, the diplomatic missions are requested to promptly report to the Ministry of Foreign Affairs for guidance and resolution./.