08 basic contents of regulations on cemetery management in Vietnam

08 basic contents of regulations on cemetery management in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Where is cemetery?

Cemetery means a place where the dead people are buried in various forms and that is managed and constructed according to planning.

In particular, the forms of interment includes burial, cremation and others.

(Clause 1, Clause 3, Article 2 of Decree 23/2016/ND-CP)

2. 08 basic contents of regulations on cemetery management in Vietnam

According to Clause 2, Article 17 of Decree 23/2016/ND-CP, the regulations on cemetery management contain the following basic contents:

(1) Boundaries and scope of cemeteries and dedicated areas in cemeteries;

(2) Construction, renovation and maintenance of technical infrastructure works and graves in cemeteries;

(3) Types of cemetery services and prices of cemetery services, prices of transfer of the right to use individual graves;

(4) Burial registration and organization; storage of cremains in cemeteries;

(5) Ritual activities, visitor guidance and management of activities carried out in cemeteries;

(6) Cemetery protection and environmental protection;

(7) Violations and penalties;

(8) Responsibilities of management authority, cemetery service users and visitors.

3. Who has the authority to power to approve regulations on cemetery management in Vietnam? 

According to Clause 3, Article 17 of Decree 23/2016/ND-CP, the power to approve regulations on cemetery management is as follows:

- The properly mandated People’s Committees shall approve regulations on management of the cemeteries covered by budget within their area;

- Organizations and individuals shall approve regulations on management of the cemeteries funded by off-budget capital. After issuance of such regulations, organizations and individuals must submit them to the properly mandated People’s Committees.

4. Responsibilities of cemetery management authority in Vietnam

Specifically, Article 19 of Decree 23/2016/ND-CP stipulates the responsibilities of cemetery management authority as follows:

- Manage cemeteries in accordance with regulations of law and approved regulations on cemetery management.

- Provide sufficient human resources, technical and personal protective equipment necessary for interment in cemeteries to ensure environment and occupational safety requirements. Workers must sign employment contract and pay social insurance premiums.

- Prepare and retain cemetery documents, provide cemetery services for users, ensure service quality and provide information for organizations and individuals upon request in accordance with regulations of law.

- Treat waste water in cemeteries to ensure fulfillment of environmental standards, sign a contract with the solid waste collection, transport and treatment authority or treat solid wastes generated from cemeteries itself in accordance with regulations of the law on waste management.

- Submit annual report on management and use of cemeteries to the regulatory authority charged with cemetery management that is properly mandated by the People's Committee of the province.

5. Rules for construction, management and use of cemeteries in Vietnam

Rules for construction, management and use of cemeteries and crematoria include:

- All cemeteries and crematoria must be planned. Cemeteries and crematoria are planned and constructed in accordance with regulations of the law on planning, construction and environmental protection.

- Construction of cemeteries and crematoria in multiple areas is encouraged. Civilized and modern forms of interment should be used to economize on land and construction costs to the maximum, and ensure fulfillment of landscape and environmental requirements.

- Land for cemeteries and crematoria is managed in accordance with regulations of the Land Law, in an economical and effective manner. Security and environmental safety is ensured.

- The interment must be carried out in cemeteries. In the event it is carried out within churches, pagodas or religious shrines, environmental requirements must be fulfilled and approval from the People’s Committees at all levels properly mandated by the People's Committees of provinces (hereinafter referred to as “mandated People's Committees” is required.

- The interment must be conformable to faith, customs, practices, cultural traditions and modern and civilized lifestyle.

- The burial and cremation, and construction, management and use of cemeteries and crematoria shall be compliant with hygiene regulations of the Ministry of Health.

- The investor in cemetery and crematorium shall manage and use cemeteries and crematoria in accordance with regulations of Decree 23/2016/ND-CP and relevant applicable regulations.

- When a social assistance beneficiary dies, he/she will be provided with funeral assistance according to applicable regulations.

- The cemetery/cremation service user must comply with regulations on construction, management and use of cemeteries and crematoria of this Decree and relevant applicable regulations.

- Cemetery authority properly mandated by the People’s Committee of the province provides guidance on, inspects and supervises the management and use of cemeteries and crematoria, and within its power, takes actions against violations committed during management and use of cemeteries and crematoria within its area.

(Article 3 of Decree 23/2016/ND-CP)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE