Decree No. 16/2007/ND-CP on searching for and collecting remains of烈士，管理和维护烈士墓地、陵园、纪念台和刻有烈士姓名的纪念碑

DECREE

Provisions on searching for, collecting remains of revolutionary martyrs, managing graves, cemeteries,

monuments, memorials with the names of martyrs

_______________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Ordinance 26/2005/PL-UBTVQH11 on Preferential Treatment for Persons Contributing to the Revolution dated June 29, 2005;

Considering the proposal of the Minister of Labor, Invalids, and Social Affairs.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. This Decree stipulates the provisions on searching for, collecting remains of revolutionary martyrs, and visiting martyrs' graves; constructing, upgrading, managing graves, cemeteries, monuments, memorials with the names of martyrs (collectively referred to as memorials honoring martyrs).

Agencies, organizations, and individuals have the responsibility to manage, care for, maintain, and visit memorials honoring martyrs.

Article 2. The investment costs for constructing, upgrading, and repairing memorials honoring martyrs shall be guaranteed by the state budget in accordance with the laws on the state budget and mobilized from contributions of organizations and individuals both within and outside the country.

Chapter II

SEARCHING FOR AND COLLECTING REMAINS OF REVOLUTIONARY MARTYRS;

MANAGING, CARING FOR, MAINTAINING, AND VISITING MARTYRS' GRAVES

Article 3.

1. Responsibilities for searching for and collecting remains of revolutionary martyrs:

a) The Ministry of National Defense and the Ministry of Public Security are responsible for directing the search, discovery, and collection of remains of revolutionary martyrs in coastal islands, border areas, mountainous regions; remains of revolutionary martyrs who were volunteer soldiers of Vietnam;

b) Provincial People's Committees (hereinafter referred to as provincial-level People's Committees) direct levels and sectors to search for, discover, and collect remains of revolutionary martyrs within their jurisdiction; at the same time, they cooperate with the Ministry of National Defense and the Ministry of Public Security to search for, discover, and collect remains of revolutionary martyrs as specified in point a, Clause 1 of this Article;

c) Organizations and agencies are responsible for reviewing lists of revolutionary martyrs, diagrams of locations where remains of revolutionary martyrs have not been collected, and related information to hand over to provincial-level People's Committees.

2. The State encourages organizations and individuals to participate in searching for, discovering, and providing information about graves and remains of revolutionary martyrs.

Article 4. Collecting and burying remains of revolutionary martyrs:

1. For remains identified with the name and place of origin of the revolutionary martyr: the unit collecting the remains has the responsibility to hand over to the locality according to the wishes of the relatives of the revolutionary martyr; in cases where the remains of the revolutionary martyr have no relatives, they are handed over to the place of origin of the revolutionary martyr.

2. For remains that have not been identified with the name and place of origin of the revolutionary martyr: the unit collecting the remains hands over to the provincial-level People's Committee where the remains of the revolutionary martyr were collected.

3. For remains of volunteer soldiers of Vietnam that have not been identified with the name and place of origin: the unit collecting the remains hands over to the provincial-level People's Committee that has been agreed upon by the Ministry of Labor, Invalids, and Social Affairs, the Ministry of National Defense, the Ministry of Public Security, and the provincial-level People's Committee.

4. Provincial-level People's Committees are responsible for receiving remains of revolutionary martyrs, organizing solemn funeral ceremonies, and burying the remains.

Article 5.

1. Provincial-level People's Committees create favorable conditions and assist relatives of revolutionary martyrs in visiting martyrs' graves.

2. Relatives of revolutionary martyrs who wish to move the remains of the revolutionary martyr already buried in revolutionary martyrs' cemeteries may be considered and resolved. The Ministry of Labor, Invalids, and Social Affairs specifies the specific conditions and procedures for moving the remains of revolutionary martyrs.

3. Relatives of revolutionary martyrs are supported with travel expenses when visiting martyrs' graves and supported with relocation expenses when moving the remains of revolutionary martyrs. The level of support follows the guidance of the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance.

Article 6. The Ministry of Labor, Invalids, and Social Affairs is responsible for:

1. Directing the search, discovery, and collection of remains of revolutionary martyrs, receiving and burying remains of revolutionary martyrs in revolutionary martyrs' cemeteries.

2. Directing the collection of information, compiling lists of martyrs' graves, and informing relatives of revolutionary martyrs.

3. Directing the management of memorials honoring martyrs.

4. Taking the lead and coordinating with the Ministry of Finance to establish procedures and levels of support for relatives of revolutionary martyrs when visiting graves and relocating remains.

Chapter III

CONSTRUCTING, REPAIRING, AND MANAGING MEMORIALS HONORING REVOLUTIONARY MARTYRS

Article 7.

1. Memorials honoring revolutionary martyrs must be constructed to ensure aesthetics, durability, and suitability with local customs and traditions.

Revolutionary martyrs' cemetery is a place for burying revolutionary martyrs, constructed solemnly to express respect for revolutionary martyrs.

Monuments honoring revolutionary martyrs are built in the central political and cultural areas of provinces and centrally-administered cities and in the center of districts, towns, and cities within provinces without revolutionary martyrs' cemeteries or in places with significant historical battlefields.

Memorials with the names of revolutionary martyrs are built to honor revolutionary martyrs, located in communes, wards, towns, districts, and counties without revolutionary martyrs' cemeteries.

2. Memorials honoring revolutionary martyrs must be constructed in accordance with the planning of the area, meeting the needs of honoring and visiting revolutionary martyrs by the people and educating revolutionary traditions.

3. Memorials honoring revolutionary martyrs must be regularly cared for, managed, and repaired and upgraded promptly when damaged or deteriorated.

Article 8. Constructing graves of revolutionary martyrs in revolutionary martyrs' cemeteries:

1. Graves of revolutionary martyrs within the same revolutionary martyrs' cemetery must be uniformly constructed in terms of size and specifications. Provincial-level People's Committees decide on the construction, repair, and upgrade of graves and specify the distance between graves in accordance with local customs and traditions.

2. Content on grave markers of revolutionary martyrs must be uniformly recorded according to regulations.

3. Graves of revolutionary martyrs in revolutionary martyrs' cemeteries must be listed, diagrammed, and managed according to the guidelines of the Ministry of Labor, Invalids, and Social Affairs.

4. Graves of revolutionary martyrs must be regularly cared for, managed, and repaired promptly when damaged or deteriorated.

Article 9. Provincial-level People's Committees are responsible for planning, investing in construction, and managing memorials honoring revolutionary martyrs according to their respective levels within their jurisdictions.

Chapter IV

FUNDS TO ENSURE WORK ON GRAVES AND

MEMORIALS HONORING REVOLUTIONARY MARTYRS

Article 10. The central budget will cover the following items:

1. Surveying, searching for, collecting, processing information about graves of revolutionary martyrs; collecting and burying remains of revolutionary martyrs; listing individual graves of revolutionary martyrs; visiting graves of revolutionary martyrs; relocating remains of revolutionary martyrs.

2. Investing in constructing, renovating, and upgrading revolutionary martyrs' cemeteries, monuments honoring revolutionary martyrs in places with significant historical battlefields, revolutionary bases, and revolutionary martyrs' cemeteries for volunteer soldiers of Vietnam.

3. Supporting investment in constructing, renovating, and upgrading revolutionary martyrs' cemeteries in mountainous provinces, the Central Highlands, coastal islands, and provinces with difficult budgets.

4. Supporting the construction of monuments honoring revolutionary martyrs in districts without revolutionary martyrs' cemeteries.

5. Support the construction of monuments inscribed with the names of martyrs in border communes, islands, revolutionary bases, or counties without martyrs' cemeteries or memorials.

Article 11. The local budget shall fund the following items:

1. Investment in constructing, renovating, and upgrading martyrs' cemeteries and memorials to martyrs not listed in Clause 2 of Article 10 of this Decree.

2. Organizing handover and reception ceremonies for martyrs' remains.

3. Managing, maintaining, and caring for memorials to martyrs within the jurisdiction.

Article 12. Contributions from organizations and individuals both domestically and internationally may be used to support, repair, and upgrade memorials to martyrs.

Chapter V

IMPLEMENTING PROVISIONS

Article 13. The Ministry of Labor, Invalids, and Social Affairs shall take the lead and coordinate with relevant ministries and sectors to guide the implementation of this Decree.

Article 14. The People's Committee of provinces and centrally governed cities shall be responsible for directing, reviewing, and implementing searches for martyrs' remains in their respective jurisdictions; organizing the notification of information about martyrs' graves to the relatives of martyrs; constructing, repairing, and managing memorials to martyrs; promulgating regulations on the management of memorials to martyrs within their jurisdictions.

Article 15. This Decree shall take effect fifteen days after its publication in the Official Gazette.

This Decree replaces Articles 12, 15, 16, 17, and 18 of Decree No. 28/CP dated April 29, 1995 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Persons Engaged in Revolutionary Activities, Martyrs, and Their Families, War Invalids, War Veterans, and Persons Contributing to the Revolution. From the date this Decree takes effect, Decree No. 28/CP dated April 29, 1995 of the Government shall be entirely replaced by Decree No. 54/2006/NĐ-CP dated May 26, 2006 of the Government guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Persons Contributing to the Revolution and this Decree.

Article 16. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.