Decree No. 35/2008/ND-CP on the construction, management, and use of cemeteries

DECREE

On the construction, management, and use of cemeteries

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THE GOVERNMENT

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

Based on the Land Law dated November 26, 2003;

Pursuant to the Construction Law dated November 26, 2003;

The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

At the proposal of the Minister of Construction,

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates activities related to the construction, management, and use of cemeteries within the territory of Vietnam.

The construction, management, and use of martyrs' cemeteries and national cemeteries are not within the scope regulated by this Decree.

2. This Decree applies to organizations and individuals, both domestic and foreign, involved in the construction, management, and use of cemeteries within the territory of Vietnam.

3. In cases where international treaties to which Vietnam is a party provide different provisions from those set forth in this Decree, the provisions of such international treaties shall apply.

Article 2. Interpretation of Terms

In this Decree, the following terms are understood as follows:

1. A cemetery is a place for burying deceased persons collectively in various forms of burial, belonging to different categories and managed and constructed according to planning.

2. A martyrs' cemetery is a place for burying graves while also serving as a site for commemorating and recognizing the contributions of martyrs who sacrificed their lives while performing duties to protect and build the country.

3. A national cemetery is a place for burying graves while also serving as a site for commemorating and recognizing the contributions of high-ranking Party and State leaders, cultural celebrities, scientists, and others who have made significant contributions to the nation.

4. An individual grave is a place for burying the remains or body of a single person.

5. Forms of burial include: interment, cremation, and other forms of burial.

6. Burial involves the preservation of the remains or body of a deceased person.

7. Interment involves preserving the remains or body of a deceased person at a specific location underground.

8. Permanent interment is a form of interment where the body is buried permanently in the ground.

9. Temporary interment is a form of interment where the body is buried for a certain period before being exhumed.

10. Exhumation involves transferring bones from a temporary interment to another form of burial.

11. Secondary interment is a form of interment where ashes are buried after exhumation.

12. Cremation involves burning the corpse or remains of a deceased person at high temperatures.

13. Activities related to the construction of cemeteries include planning, project initiation, surveying, designing, constructing, supervising construction, managing investment projects for cemetery construction, selecting contractors for construction activities, and other related construction activities.

14. Cemetery management involves implementing contents according to approved management regulations.

15. Cemetery construction planning involves organizing architectural space, functional zoning, and technical infrastructure systems within the cemetery to effectively utilize land, meet landscape requirements, protect the environment, and serve as a legal basis for investment, renovation, use, and management of cemeteries.

16. Renovation and expansion of cemeteries involve refurbishing and upgrading existing facilities within the cemetery according to current technical standards and building new facilities in expanded areas to ensure landscape and environmental quality.

17. Closing a cemetery involves prohibiting further burial activities within the cemetery.

18. Relocating a cemetery involves transferring remains or bodies from one cemetery to another cemetery constructed according to planning.

19. Cemetery services include organizing funerals, interments, or cremations of corpses or remains; building graves, exhumations, grave maintenance, repairs, ash storage house services, and services supporting visits and commemorations.

20. Users of cemetery services are living persons who have relationships with those buried in the cemetery or visit and commemorate them.

21. Local authorities refer to People's Committees at all levels according to administrative management classification.

Article 3. Principles for cemetery construction, management, and use activities

1. All cemeteries must be planned and constructed according to the approved planning scheme by the competent authority.

2. Burials of deceased persons must be carried out in cemeteries; in cases of burial within churchyards, temple courtyards, or religious sanctuaries, environmental hygiene must be ensured and local government approval obtained at the provincial level as prescribed by the People's Committee of provinces and centrally-administered cities (hereinafter referred to as the Provincial People's Committee).

3. Burials must be consistent with beliefs, good customs, traditions, cultural practices, and modern civilized lifestyles.

4. Land use must be appropriate, effective, and ensure landscape requirements and environmental protection.

Article 4. Maximum land area for individual graves

1. The maximum land area for each tomb for cremation and single burial shall not exceed 5 square meters.².

2. The maximum land area for each tomb for scattering ashes shall not exceed 3 square meters.².

Article 5. Construction standards and specifications for cemeteries

1. Cemetery construction activities must comply with legal provisions on technical standards and specifications.

2. The Minister of Construction shall issue technical standards for cemetery construction.

Article 6. Support and incentives for cemetery construction investment

1. The State encourages organizations and individuals to participate in cemetery construction investment in accordance with legal regulations.

2. Organizations and individuals investing in cemetery construction shall be supported by the State:

a) Long-term land allocation for cemetery construction without payment of land use fees;

b) Support for the construction of infrastructure outside the fence;

c) Partial or full support for compensation and relocation costs depending on the scale, form of investment, applied technology, and environmental impact of the project;

d) Investment support and preferential treatment in accordance with legal regulations on investment.

3. Socialization of cemetery construction investment and the use of new modern burial methods are encouraged to change old customs, save land funds, protect the environment, and local authorities may adopt policies to support burial costs based on specific circumstances and their own capabilities.

Article 7. Social policies for special groups

1. Homeless persons without relatives or those with relatives but unable to arrange burials shall have all burial expenses covered by the local government where they died, in accordance with local conditions.

2. Persons without living relatives in any locality shall have their burials organized by the local government at the cemetery in that locality, with costs covered from the deceased's assets (if any) or from the local budget.

3. Foreigners residing in Vietnam and overseas Vietnamese who wish to be buried in Vietnam after death shall be considered and permitted to be buried in Vietnamese cemeteries.

4. In cases of death due to natural disasters or epidemics, local governments at all levels shall be responsible for supporting and organizing burials, ensuring safety, epidemic prevention requirements, and preventing environmental pollution as stipulated by the Ministry of Health.

5. For unclaimed graves or those without relatives to care for, if the burial period has expired as prescribed, the cemetery management unit may relocate such graves within the cemetery or to other cemeteries according to the plan.

6. The Ministry of Labor, Invalids, and Social Affairs shall take the lead and coordinate with relevant ministries and sectors to establish social systems, policies, procedures, and decision-making authorities for special groups regarding burials upon death, to be submitted to the Prime Minister for issuance.

Article 8. Prohibited Acts

1. Constructing cemeteries without following the planning scheme or being inconsistent with the approved planning scheme by the competent authority.

2. Constructing cemeteries without a permit or in violation of the permit as prescribed by the construction law.

3. Constructing tombs, tombstones, and other facilities in cemeteries in violation of architectural management regulations and cemetery management rules.

4. Damaging constructions within cemeteries.

5. Providing false information that harms the legitimate rights and interests of organizations and individuals in cemetery service provision and use.

6. Misusing positions and powers for personal gain or illegal interference in cemetery management and use activities.

7. Exploiting state preferential policies to illegally operate cemetery services.

8. Charging fees, levies, and related amounts for cemetery service activities contrary to legal regulations.

9. Burying deceased persons outside cemeteries that have been constructed and managed according to the planning scheme.

10. Failure to comply with decisions of competent authorities regarding the closure of cemeteries, relocation of cemeteries, and individual graves.

Chapter 2:

PLANNING, CONSTRUCTION, RENOVATION, CLOSURE AND MOVEMENT OF CEMETERIES

Article 9. Planning of cemetery locations

1. The planning of cemetery locations is a component of the master plan for regional construction, the general plan for urban construction, and the plan for rural residential area construction; when approving these plans, the competent authority simultaneously approves the planning of cemetery locations.

2. Requirements for planning cemetery locations:

a) Compliance with topographical conditions, geological conditions, hydrogeological conditions, and land development potential;

b) Compatibility with population distribution and connection to technical infrastructure works;

c) Meeting current and long-term burial needs of the planned area;

d) Ensuring environmental protection requirements as stipulated by law;

đ) Encouraging the planning of cemeteries serving multiple localities and cemeteries using modern, civilized burial methods to conserve land, reduce construction costs, and minimize environmental pollution.

3. Content of planning cemetery locations:

a) Determining the service areas of cemeteries;

b) Determining burial needs and selecting appropriate burial methods based on natural conditions, socio-economic conditions, religious beliefs, good customs, culture, civilization, and ensuring land conservation and minimizing environmental pollution;

c) Identifying cemeteries that need to be closed, relocated, or renovated for continued use;

d) Determining the location and scale of new cemeteries to be constructed;

đ) Environmental impact assessment.

Article 10. Planning for construction of cemeteries

1. New or expanded cemeteries must have a construction planning plan.

2. Requirements for planning construction of cemeteries:

a) Specifically determining the location, scale, and boundaries of the cemetery;

b) Determining the types of burials to be used in the cemetery;

c) Determining technical standards;

d) Zoning functions, allocating plots, groups, rows of graves, and distances between graves in accordance with regulations while facilitating funeral rituals;

đ) Regulations on the size and style of graves and tombstones; design requirements for structures within the cemetery;

e) Technical infrastructure systems; crematorium buildings, bone storage facilities (if any), service structures, and other related structures must be planned for integrated construction, ensuring environmental hygiene;

g) Environmental impact assessment.

3. The People's Committee of the province shall specify the分级职责，组织编制、审查和批准省域内殡葬建设规划的责任分工，按照有关城乡建设规划的法律规定。

Article 11. Construction of new or expanded cemeteries

1. Construction of new or expanded cemeteries must comply with the approved construction planning.

2. Technical infrastructure projects must be constructed in an integrated manner.

3. Construction of graves, tombstones, and other structures within the cemetery must comply with relevant laws on construction.

4. The dimensions, styles of graves and tombstones, and distances between graves must comply with the approved construction planning regulations.

Article 12. Renovation of Cemeteries

1. Cemeteries shall be renovated when they still comply with the construction planning but their technical infrastructure, landscape, and environment do not meet current technical standards and regulations.

2. Contents of Cemetery Renovation:

a) Establish cemetery boundaries according to the approved planning (if not yet established);

b) Plant greenery around and within the cemetery;

c) Renovating, organizing, and upgrading technical infrastructure projects within the cemetery;

d) For unused land areas, clearly delineate burial zones, plot graves, group graves, row graves, and specify area, size, and architectural requirements for graves.

Article 13. Closure of Cemeteries

1. Cemeteries must be closed when there is no remaining usable area, no conditions for expansion, and they either cause environmental pollution or exceed allowable pollution levels without the possibility of remediation.

2. Tasks to be carried out upon closure of cemeteries:

a) The closure of cemeteries shall be decided by the competent authority and publicly announced;

b) Remediate environmental pollution before closing the cemetery (if applicable);

c) Renovate and organize the technical infrastructure system, grave markers, and other facilities within the cemetery, plant trees and grass within and around the cemetery;

d) Urban cemeteries or rural community cemeteries must have surrounding walls or green hedges with sufficient height to ensure that nearby residents are not affected.

e) For cemeteries located along national highways, plant trees to separate them and ensure they do not affect aesthetics and traffic participants.

Article 14. Relocation of Cemeteries and Individual Graves

1. Cemeteries and individual graves must be relocated when:

a) Causing severe environmental pollution and landscape damage that cannot be remediated, affecting the living environment of the community, and being inconsistent with the construction planning approved by the competent authority;

b) Serving urban development, industrial projects, and public works according to the planning approved by the competent authority;

2. Tasks to be carried out upon relocation of cemeteries and individual graves:

a) Announce the relocation of cemeteries and individual graves;

b) Conduct relocation work to cemeteries constructed and managed according to planning;

c) During the relocation process, environmental hygiene requirements must be ensured.

d) Implement resettlement and compensation policies as prescribed by law.

Article 15. Responsibilities for Renovation, Closure, and Relocation of Cemeteries and Individual Graves

1. The People's Committee of the province has the responsibility to direct lower-level People's Committees, relevant agencies, organizations, and individuals to implement the renovation, closure, and relocation of cemeteries and individual graves under their management.

2. Cemeteries and individual graves located in areas for land clearance for urban development, industrial projects, and public works shall be relocated, with compensation, land clearance, and relocation costs included in the total investment budget of these projects.

Chapter 3:

MANAGEMENT AND USE OF CEMETERIES

Article 16. Determination of Cemetery Management Units

1. People's Committees at various levels, based on the provincial People's Committee's cemetery management classification, are responsible for determining and assigning management units for cemeteries built using state budget funds.

2. Organizations and individuals directly managing or leasing the management of cemeteries they have built.

Article 17. Content of Cemetery Management

1. For closed cemeteries:

a) Regularly maintain and preserve graves and ashes in storage houses, and maintain and repair cemetery facilities;

b) Ensure environmental hygiene regulations within the cemetery;

c) Establish and keep cemetery records;

d) Provide guidelines for visitors, memorial activities, and manage activities within the cemetery.

2. For operational cemeteries:

a) Follow the provisions set out in Clause 1 of this Article;

b) Manage land use, grave construction, headstone installation, and other cemetery facilities in accordance with approved construction planning and cemetery management regulations;

c) Supervise management or directly provide cemetery services.

Article 18. Establishment and storage of cemetery records

1. Contents of the cemetery records:

a) Diagrams showing the locations of functional zones, plots, groups, rows, and graves; diagrams showing the locations of ash storage compartments in the ash storage house;

b) All graves in the cemetery and compartments for storing ashes in the ash storage house must be numbered;

c) Maintaining a record of burial activities in the cemetery, storing ashes in the ash storage house over time, and storing basic information about the deceased, those whose ashes are stored, and their relatives.

2. The cemetery management unit shall be responsible for establishing and storing cemetery records while providing information to organizations and individuals upon request in accordance with the provisions of the law.

Article 19. Cemetery management costs

1. For cemeteries constructed from state budget funds, management costs shall be sourced from cemetery service revenue and local state budget funds in accordance with the provisions of the law.

2. For cemeteries constructed by organizations and individuals, management costs shall be sourced from cemetery service revenue.

Article 20. Cemetery service prices

1. Cemetery service prices must be accurately calculated, commensurate with the economic and social conditions of each locality, and publicly displayed.

2. The People's Committee of the province shall stipulate cemetery service prices provided by the cemetery management units for cemeteries constructed from state budget funds within the province.

3. Organizations and individuals shall independently determine cemetery service prices they provide based on business exploitation plans approved by the People's Committee of the province for cemeteries they have invested in constructing.

Article 21. Cemetery management regulations

1. All cemeteries must have management regulations.

2. The main contents of the cemetery management regulations include:

a) Regulations on boundaries, scale of the cemetery, and functional zones within the cemetery;

b) Provisions regarding construction, renovation, beautification, maintenance, and repair of cemetery structures and graves;

c) Provisions concerning cemetery protection and environmental protection;

d) Provisions concerning burial activities and ash storage in cemeteries;

đ) Provisions concerning ritual, religious, and other related activities;

e) Violation behaviors and penalty provisions;

g) Responsibilities of the cemetery management unit and cemetery users.

3. Authority to approve cemetery management regulations:

a) People's Committees at all levels, according to their cemetery management authority, shall approve cemetery management regulations for cemeteries managed by them and funded from state budget sources.

b) Organizations and individuals shall approve cemetery management regulations for cemeteries they have invested in constructing after reaching an agreement with the People's Committee according to the cemetery management authority of the provincial People's Committee, and after promulgation, shall submit them to the People's Committee according to the cemetery management authority for management, supervision, and inspection of implementation.

Article 22. Responsibilities of the cemetery management unit

1. Manage the cemetery in accordance with the approved management regulations.

2. Provide cemetery services to users, ensuring service quality as prescribed.

3. Fulfill other responsibilities as prescribed by law.

Article 23. Responsibilities of cemetery service users

1. Adhere to cemetery regulations and relevant laws.

2. Fulfill responsibilities agreed upon with the cemetery management unit.

Chapter 4:

IMPLEMENTING PROVISIONS

Article 24. Implementation Organization

1. The People's Committee of the province shall be responsible for stipulating the division of cemetery management authority among specialized agencies and People's Committees at various levels within its jurisdiction; directing the establishment of cemetery site planning and construction planning; directing the formulation of plans and organizing new construction, renovation, closure, and relocation of cemeteries within the province in accordance with the provisions of this Decree to gradually address environmental pollution, poor aesthetics, ineffective land use, and gradually foster modern and culturally appropriate civilized burial habits consistent with good customs and traditions of the local people.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and Chairmen of People's Committees at all levels within their respective duties and authorities shall be responsible for implementing this Decree.

3. The Minister of Construction shall lead and coordinate with relevant ministries and sectors to guide, monitor, and inspect the implementation of this Decree.

Article 25. Effective Date

This Decree takes effect fifteen days after its publication in the Official Gazette./.