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GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom -
Happiness
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No. 23/2016/ND-CP
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Hanoi, April 05, 2016
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DECREE
ON CONSTRUCTION, MANAGEMENT AND
USE OF CEMETERIES AND CREMATORIA
Pursuant
to the Law on Government Organization dated June 19, 2015;
Pursuant
to the Law on Construction dated June 26, 2014;
Pursuant
to the Law on Environmental Protection dated June
23, 2014;
Pursuant
to the Law on Land dated November 29, 2013;
At the
request of the Minister of Construction,
The
Government hereby promulgates a Decree on construction, management and use of cemeteries and
crematoria.
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GENERAL PROVISIONS
Article 1. Scope and regulated entities
1.
This Decree provides for construction, management and use of cemeteries (except for martyrs' cemeteries) and crematoria.
2.
This Decree applies to domestic and foreign
organizations and individuals involved in cemetery and crematorium-related
activities within Vietnam’s territory.
Article 2. Definitions
For the
purposes of this Decree, the terms
below shall be construed as follows:
1.
“cemetery” means a place where the dead people
are buried in various forms and that is managed and constructed according to
planning.
2.
“individual grave” means a place where a
person’s dead body or bones are interred.
3.
“forms
of interment” includes burial, cremation and others.
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5.
“burial” means the placing of a person’s dead body
or bones/cremains in an underground chamber of
earth.
6.
“one-time burial” means the permanent burial
of a dead body.
7.
“first
burial”
means the burial of a dead body for a given period of time before exhumation.
8.
“exhumation” means the transfer of a dead person's bones from the first-burial
form into other interment form.
9.
“second
burial”
means the burial of bones after exhumation or
storage of cremains after cremation.
10.
“cremation” means the burning of a person’s
dead body or bones at high temperatures.
11.
“construction of cemeteries and crematoria”
means the formulation of construction planning, construction project, survey,
design, construction, construction supervision, project management, contractor
selection, commissioning, transfer and operation of works, maintenance of construction
works and other activities related to construction of cemeteries and
crematoria.
12.
“crematorium” means a building including
incinerators and other ancillary works (office buildings, technical rooms,
columbaria, funeral homes, technical infrastructure works).
13.
“provincial cemetery planning” means the
organization of cemeteries, crematoria and funeral homes within a province
according to the provincial planning, land use planning and requirements for
local socio - economic development.
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15.
“renovation and expansion of cemeteries” means
the embellishment and improvement of existing works in cemeteries and the
construction according to technical standards and regulations in the expanded
areas in order to ensure fulfillment of landscape and environmental
requirements.
16.
“closure of cemetery” means the termination of
burial activities in the cemetery concerned.
17.
“cemetery relocation” means the removal of
dead bodies or bones in a cemetery to a new one that is constructed according
to planning.
18.
“cemetery services” include arrangement of
funerals and burial; grave construction, exhumation, grave care, grave repair;
preservation and storage of cremains and tribute and commemoration.
19.
“cremation services” include arrangement of
funerals, cremation of dead bodies or bones, and preservation and storage of
cremains.
20.
“cemetery/cremation service
user” means the person who directly signs a
cemetery service contract or who has a relationship
with the person interred in the cemetery signs the
cemetery/cremation service contract.
21.
“prices of cemetery services” mean all
expenses calculated correctly and sufficiently for each individual grave and
reasonable profits for provision of cemetery services.
22.
“prices of cremation services” mean all cremation
expenses calculated correctly and
sufficiently for each cremation and reasonable profits for provision of cremation
services.
Article 3. Rules for construction, management and use of
cemeteries and crematoria
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2.
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.
3.
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.
4.
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.
5.
The interment must be conformable to faith,
customs, practices, cultural traditions and modern and civilized lifestyle.
6.
The burial and cremation, and construction,
management and use of cemeteries and crematoria shall be compliant with hygiene regulations
of the Ministry of Health.
7.
The investor in cemetery and crematorium shall manage and
use cemeteries and crematoria in accordance with regulations of this Decree and
relevant applicable regulations.
8.
When a social assistance beneficiary dies,
he/she will be provided with funeral assistance according to applicable
regulations.
9.
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.
10.
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.
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1.
The area of land used for a first burial grave
and one-time burial grave shall not exceed 05 m2.
2.
The area of land used for a second burial grave shall not exceed 03 m2.
Article 5. Technical regulations on construction of cemeteries
and crematoria
1.
Cemeteries
and crematoria shall be planned and
constructed in accordance with national technical standards and regulations.
2.
The Minister of Construction shall issue
national technical regulations on
construction of cemeteries and crematoria.
Article 6. Investment in construction of cemeteries and
crematoria
1.
The State encourages organizations and
individuals to invest in cemeteries
and crematoria in accordance with regulations
of law. Cemeteries and crematoria shall be constructed as follows:
a) The
State shall invest in cemeteries and
crematoria by using state budget, other raised
capital or invest in cemeteries under the
Build-Transfer contract;
b) Organizations
and individuals shall invest in
cemeteries and crematoria by using off-budget state capital or
other legal capital sources (hereinafter referred to as “off-budget capital”).
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Chapter II
PLANNING, CONSTRUCTION, RENOVATION,
CLOSURE AND RELOCATION OF CEMETERIES AND CREMATORIA
Article 7. Provincial cemetery planning
1.
The provincial cemetery planning shall be
aimed at actualizing orientations towards cemetery planning included in the
provincial construction planning project. The procedures for formulating,
assessing and approving tasks and provincial cemetery planning project shall be
compliant with regulations of the law on construction planning. Regarding the
central-affiliated city cemetery planning, regulations of the law on urban
planning shall be complied with.
2.
The provincial cemetery planning period is the
same as that of the provincial
construction planning.
3.
The provincial
cemetery planning includes the following
tasks: determination of scope and boundaries of the planning, assessment of
current status and forecast about burial demand; proposal for interment forms
for each planning stage; determination of applicable economic - technical criteria;
determination of scope of cemeteries, crematoria, funeral homes and strategic environmental assessment.
4.
The provincial
cemetery planning includes the following
contents:
a)
Determination of current status: natural and socio-economic conditions; location
and scope of cemeteries, crematoria and funeral homes; current status of technical
infrastructure and impacts on environment;
b)
Forecast about burial demand, interment
forms by each planning stage; demand for use of
cemetery, crematorium and
funeral home land;
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d)
Proposed solutions for management and implementation of cemetery planning;
dd)
Determination of prioritized investment projects, sources of capital and plan
for implementation of the planning;
e)
Strategic environmental assessment.
5.
Documents required for provincial cemetery planning
project include:
a)
General explanation, brief explanation, draft of the decision on approval for
the planning project; CD disk of approved planning project contents.
b)
Drawings: a map showing the location and liaison with regions on a scale of 1/50.000 - 1/250.000;
a map showing the current status and provincial cemetery planning on a scale of
1/25.000 - 1/100.000 and relevant drawings.
6.
The People’s Committee of the province shall
formulate, assess and approve tasks
and provincial cemetery planning project in
accordance with regulations of the law
on construction planning.
Article 8. Detailed planning for construction of cemeteries
and crematoria
1.
The detailed planning for construction of cemeteries and crematoria shall be formulated, assessed and approved in accordance with regulations of the law on construction
planning.
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3.
The detailed
planning for construction of cemetery
(including crematorium in the cemetery) include the following contents:
a)
Determination of boundaries and scope of the cemetery;
b)
Analysis and assessment of current status of construction land, natural
conditions, landscape, topography, hydrogeology, technical infrastructure,
environment of the planned region, regulations of the provincial cemetery
planning, cemetery and crematorium planning included in the construction planning projects
or relevant urban planning projects.
c) Determination
of interment forms, criteria for use of land and technical infrastructure,
proposed selection of suitable plants for graves, main road and public area in
the cemetery.
d) Land
use planning, dedicated area zoning, spatial organization of landscape architecture,
location, scope and requirements for architecture of cemeteries and crematoria;
subdivision of grave lots, groups and rows and distance between graves in
conformity with interment forms; technical infrastructure system planning.
Solutions for connection to the technical infrastructure works within and
beyond the scope of planning;
dd)
Determination of plan and human resources for implementation of planning;
e)
Strategic environmental assessment.
4.
In case the crematorium is constructed
outside the cemetery, the detailed
planning for construction of cemetery includes the following contents:
a)
Determination of boundaries and scope of the crematorium;
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c) Land
use planning, spatial organization of landscape architecture and technical
infrastructure. Solutions for
connection to the technical infrastructure
works within and beyond the scope of
planning;
d) Strategic environmental assessment.
5.
Documents required for detailed planning for construction of cemeteries and
crematoria include:
a)
General explanation, brief explanation; draft of the decision on approval for the planning
project; CD disk of planning project contents;
b)
Drawings: a map showing the given plot location and boundaries on a scale of 1/10.000 - 1/25.000;
a map showing the current status on a scale of 1/500 - 1/2.000; land use
plan on a scale of 1/500 - 1/2.000; spatial plans on a scale of 1/500 - 1/2.000; a
technical infrastructure map on a scale of 1/500 - 1/2.000 and some
relevant drawings.
Article 9. Construction or expansion of cemeteries and
crematoria
1.
Cemeteries
and crematoria shall be constructed or
expanded according to the construction planning and provincial cemetery
planning approved by the competent authority.
2.
Technical infrastructure works in cemeteries and crematoria must be constructed in a uniform manner.
3.
Graves, gravestones, columbaria and works in cemeteries and crematoria must be
constructed in accordance with regulations of
the Law on Construction.4. Size and design of graves and gravestone, distance between
grave lots, grave rows and graves; size of niches where urns are held must be
compliant with the detailed planning for construction of cemeteries and crematoria approved by the competent
authority.
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1.
If a cemetery is conformable to the provincial
cemetery planning but its technical infrastructure, landscape and environment
are not compliant with applicable technical standards and regulations, it shall
be renovated.
2.
A cemetery shall be renovated as follows:
a)
Determine the boundaries of the cemetery according to the approved provincial cemetery planning and detailed cemetery construction planning;
b) Plant
trees around and in the cemetery;
c) Renovate and embellish technical infrastructure works in
cemeteries;
d)
Clearly zone interment areas, grave lots, grave groups and grave rows in unused
land areas; issue regulations on area, size and architecture of graves.
Article 11. Closure of cemeteries
1.
A cemetery must be closed in case of land
unavailability, environmental pollution and compliance with construction
planning or provincial cemetery construction planning approved by the competent authority.
2.
Upon closure of a cemetery, the following tasks
need to be performed:
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b)
Environmental pollution (if any) must be tackled before the closure;
c) Technical
infrastructure system, gravestones and works in the cemetery shall be
renovated. Trees and grass shall be planted in and around the cemetery;
d) Walls
or tree fences shall be built around the cemetery located in urban or rural
area, which are high enough to ensure that surrounding residents are not
affected;
dd) For
the cemetery located along national highways, trees must be planted so that
aesthetic and road users are not affected.
Article 12. Relocation of cemeteries and individual graves
1.
Cemeteries and individual graves
must be relocated if:
a) they
cause serious environmental and visual pollution which cannot be tackled,
thereby affecting community’s living environment, are no longer conformable to
the construction planning and provincial
cemetery construction planning approved by the competent authority;
b) urban
and industrial development projects and public works are executed and
constructed according to the construction planning approved by the competent
authority;
c) graves
are unowned or no longer cared by relatives.
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a) Inform
the relocation of cemeteries and
individual graves;
b)
Relocate individual graves to the cemeteries constructed and managed according to
planning;
c)
Satisfy environmental requirements during relocation in accordance with
regulations of the law;
d)
Implement policies on land clearance and compensation in accordance with
regulations of the law.
Article 13. Responsibility for renovation, closure and
relocation of cemeteries and individual graves
1.
The People’s Committee of the province shall
direct the properly mandated People’s Committee and relevant organizations and
individuals to renovate, close and relocate cemeteries and individual graves under its management.
2.
For the cemeteries and individual graves in a
to-be-cleared land, which must be relocated to execute urban and industrial
development projects and construct public works, compensation for grave
relocation shall be provided in accordance with regulations of the law on land
and construction.
Chapter III
MANAGEMENT AND USE OF CEMETERIES
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1.
Cemeteries must be constructed according to
construction planning, urban planning or provincial cemetery planning/detailed cemetery construction planning approved by the competent authority.
2.
Regarding cemeteries that are being used or
closed, graves must be periodically cared and maintained, cremains must be
stored in columbaria, works in cemeteries must be maintained; regulations on
environmental hygiene must be ensured.
3.
The environmental safety distance from the
cemetery fence to residential area and public works must be compliant with
technical regulation on construction planning.
4.
Cemetery land shall be managed and used as
follows:
a)
Cemetery land must be managed according to the detailed cemetery
construction planning approved by the competent authority and other applicable
regulations to ensure that burial land is used for the right purposes;
b) The
maximum area of land used for an individual grave (excluding the area of land
for road between grave lots and rows) must be compliant with regulations
specified in Article 4 of this Decree.
c)
Regarding the cemeteries funded by off-budget capital: the People’s Committee
of the province shall prescribe the area of burial land already used for
constructing technical infrastructures according to the detailed cemetery
construction planning approved by the competent authority and forms of managing
such area of land which will be used for dead social policy beneficiaries
within the area in conformity with local natural conditions and scope and
coverage of the cemetery construction project;
d)
Individual graves shall be registered and transferred as follows:
-
The person who is entitled to register an
individual grave in advance as prescribed in Point a, Clause 5 of this Article
shall not transfer the individual grave;
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5.
Conditions for registration before use of
individual grave in the cemetery funded by state budget are as follows:
a) The
persons who are entitled to register an individual grave in cemetery in advance
include the person aged 70 or older, person suffering from a deadly disease
prescribed by the Ministry of Health, person whose spouse is interred in the
cemetery;
b) An
application for advance registration of individual grave includes: application
form, identity documents (ID card or family register); certificate of deadly
disease treatment issued by the hospital (for the person suffering from a
deadly disease); death certificate and marriage certificate (for the person
whose spouse is interred in the cemetery);
c) The
registration application shall be submitted at the cemetery authority within
the area. The application shall be processed within 15 working days from the
date on which the valid application is received. The documents specified in
Point b of this Clause are copies
enclosed with their originals for comparison
or certified copies.
6.
According to applicable regulations and local
conditions, the People's Committee of the province shall issue specific regulations
to be satisfied by the social policy beneficiaries within its province
according to Point c, Clause 4 and provide guidelines for registration before
use of individual graves in cemeteries according to Clause 5 of this Article.
Artile 15. Responsibility and rights of the investor in
cemeteries
1. The
investor shall only put the cemetery into operation if the following conditions
are met:
a)
Technical infrastructure works and works in cemeteries are constructed
according to progress of the project approved by the competent authority;
b)
Approved regulations on cemetery management are available;
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d) The
prices of transfer of the right to use individual grave in the cemetery funded
by off-budget capital are published on mass media.
2. Regulations on cemetery management shall be made and approved as prescribed in Article 17 of
this Decree.
3. Social
policy beneficiaries shall be exempted from burial land levy as prescribed in
Point c, Clause 4, Article 14 of this Decree. If investor has paid levy on the land
reserved for social policy beneficiaries, such land levy shall be refunded or
deducted from the financial obligations paid to state budget by the investor in
accordance with regulations of the law on land and tax incentives shall be
given.
Article 16. Preparation and retention of cemetery documents
1.
Cemetery documents include the following contents:
a) Maps
showing the location of dedicated areas, grave lots, grave groups and graves;
maps showing the location of niches where urns are held;
b) All
numbered graves in a cemetery and numbered niches where urns are held;
c) Books
for monitoring burial, storage of cremains in columbaria based on time and
storage of basic information of the person who is interred or has his/her
cremains stored and his/her relatives.
2.
Information technology is recommended to be used for management of cemetery
documents.
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1.
Cemetery must have management regulations.
2. Regulations on
cemetery management contain the following basic contents:
a)
Boundaries and scope of cemeteries and dedicated areas in cemeteries;
b)
Construction, renovation and maintenance of technical infrastructure works and
graves in cemeteries;
c) Types
of cemetery services and prices of cemetery services, prices of transfer of the
right to use individual graves;
d) Burial
registration and organization; storage of cremains in cemeteries;
dd)
Ritual activities, visitor guidance and management of activities carried out in
cemeteries;
e)
Cemetery protection and environmental protection;
g)
Violations and penalties;
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3. The
power to approve regulations on
cemetery management is as follows:
a) The
properly mandated People’s Committees shall approve regulations on management
of the cemeteries covered by budget within their area;
b) 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.
Article 18. Selection of cemetery management authority
1. The properly
mandated People’s Committees shall select state-funded cemetery management authority in
accordance with applicable regulations on provision of public-utility products.
2. Organizations and individuals constructing
cemeteries by using off-budget capital shall
directly manage, operate or hire an authority to manage cemeteries invested in
themselves.
Article 19. Responsibilities of cemetery management
authority
1. Manage
cemeteries in accordance with regulations of law and approved regulations on
cemetery management.
2.
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.
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4. 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.
5. 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.
Chapter IV
MANAGEMENT AND USE OF CREMATORIA
Article 20. General provisions on management and use of
crematoria
1. Crematoria must be constructed according to provincial construction
planning, urban planning or provincial cemetery planning/detailed crematorium
construction planning approved by the competent authority.
2.
Regarding the crematorium outside the cemetery, the environmental safety distance from the crematorium to
residential area and public works must be at
least 500 m.
3.
Cremation technology:
a) The
crematoria shall use modern cremation technology and ensure fulfillment of
technical standards and regulations on environment. The Minister of Natural Resources and Environment shall
issue technical regulations on incinerators;
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4. Solid
wastes generated from crematoria must be collected, transported and treated to
ensure fulfillment of environmental requirements.
5. After
being put into operation, the crematoria must have management regulations. Regulations on crematorium management contain:
a)
Registration and organization of cremation, service types and prices of
cremation services;
b)
Cremation and transfer of cremains.
c)
Tribute and commemoration in case cremains storage service is available.
d)
Violations and penalties;
dd) Responsibilities of management authority and cremation
service users.
6. The
investor in a crematorium shall be provided with incentives to construction of
technical infrastructure works; land and land clearance; investment raising and
taxes according to applicable regulations.
Article 21. Assistance provided for cremation service users
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2. The
People’s Committee of the province shall, according to local socio - economic
conditions, prescribe the provision of assistance in cremation, transport and
other assistance (if any) for cremation service users.
Article 22. Selection of crematorium management and
operation authority
1. The People’s Committee of province shall select the state-funded crematorium
management and operation authority in
accordance with applicable regulations on provision of public-utility products.
2. Organizations and individuals constructing crematoria by using
off-budget capital shall directly manage, operate or hire an authority to
manage crematoria invested in themselves.
Article 23. Responsibilities of crematorium management and
operation authority
1.
Satisfy the following qualification requirements:
a)
Management and operation officials obtaining a degree of engineer (or
equivalent) in chemistry, physics, biology, environmental technology or
electricity must be available;
b)
Mechanical and electrical workers grade 03 or higher to directly operate the
incinerator must be available;
c)
Workers must sign employment contract and pay social insurance premiums
according to regulations;
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2. Formulate
crematorium management rules, provide cremation services at the prices openly posted at
the crematorium and ensure service quality.
3.
Establish and accurately follow the procedures for crematorium operation and
management, carry out periodic inspection and maintenance of cremation
equipment to ensure fulfillment of technical requirements and smooth and safe
operation of the incinerator.
4.
Prepare a logbook and retain documents on cremation; provide information for organizations and individuals upon
request in accordance with regulations of law. Encourage
the use of information technology for management of
cremation documents.
5. After
the cremation, the crematorium manager shall specify time and date of cremation
in the cremation document, append signature and seal to the document and return
it to the cremation service user.
6. Sign a
contract with the solid waste
collection, transport and treatment authority or treat solid wastes generated
from crematoria itself in accordance with regulations of the law on waste
management.
7. Submit annual report on operation of the crematoria to the regulatory authority that is properly
mandated by the People's Committee of
the province.
Article 24. Dissemination of the law on encouragement of
use of cremation services
1. The
State shall encourage the public to use modern cremation form, ethnic minority
areas shall encourage the public to use cremation services at the crematoria
according to planning to contribute to changing old practices, economize on
land and protect the environment.
2.
Ministries, People’s Committees at all levels shall, within their competence,
cooperate with political institutions and socio - political organizations in
disseminating and encouraging the public to use modern and economical forms of
cremation and funeral arrangement.
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MANAGEMENT OF CEMETERY AND
CREMATORIUM-RELATED EXPENSES
Article 25. Management of expenses for planning and
construction of cemeteries and crematoria
1.
Expenses for formulation and approval for provincial cemetery planning and detailed planning for construction of cemeteries and
crematoria are as follows:
a) The
People’s Committee of the province shall cover expenses for formulation and
approval for provincial cemetery planning and detailed planning for construction
of cemeteries and crematoria under its management within the local government
budget.
b) If the
detailed planning for construction of cemeteries and crematoria is formulated
by the investor, the expenses for planning formulation shall be included in the
expenses for cemetery and crematorium construction project.
c) The
expenses for formulation and approval for provincial cemetery planning and
detailed planning for construction of cemeteries and crematoria are under the
guidance of the Ministry of Transport.
2. The expenses for
construction of cemeteries and crematoria shall be compliant with regulations of law on
construction and other relevant
regulations.
Article 26. Management of expenses for provision of
cemetery/cremation services
1. The expenses for provision of cemetery/cremation
services shall serve as a basis for
determination of prices of cemetery/cremation
services.
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a)
Expenses for funeral arrangement;
b)
Expenses for cremation, storage of urns after cremation;
c)
Expenses for transport of coffins, cremains and storage of urns after cremation
(if any);
d)
Expenses for burial and grave construction (including underground and
aboveground part);
dd)
Expenses for care, preservation, maintenance and environmental hygiene;
e) Other
legitimate expenses and taxes in accordance with regulations of law.
3.
Regarding the state-funded cemeteries
and crematoria, the revenue shall be managed in accordance with regulations of law.
Article 27. Prices of cemetery/cremation services and
prices of transfer of the right to use individual graves
1. Rules
and methods for determination of prices
of cemetery/cremation services and prices of transfer of the right to use
individual graves are as follows:
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b) Prices
of cemetery/cremation services shall be determined by correctly and
sufficiently calculating legitimate and reasonable expenses for
cemetery/cremation services and reasonable profits in accordance with
regulations of law;
c) Prices
of transfer of the right to use individual graves shall be determined according
to the principle of proper and sufficient calculation to recoup construction
investment, including loan interest (if any) and reasonable profits of the
entire project, excluding the state incentives specified in Clause 3, Article
15 of this Decree.
2. The Ministry of Construction shall take charge and cooperate with the Ministry of
Finance in providing guidance on prices
of cemetery/cremation services.
Article 28. Responsibility for setting, assessing and
approving prices of cemetery/cremation services and prices of transfer of the
right to use individual graves
1. Regarding the state-funded cemeteries and
crematoria: The Department of Construction
shall set prices of cemetery/cremation services and the Department of Finance
shall assess them and submit them to the People’s Committee of the province for
approval.
2. Regarding the cemeteries and crematoria that are funded by off-budget capital: the investor shall set
and approve prices of transfer of the right to use individual graves and prices of cemetery/cremation services and submit them to the Department of Transport, which will submit them to the People’s Committee of the province for approval.
Article 29. Cemetery/cremation service contract
1. Cemetery/cremation services shall be provided under a service contract. The
cemetery/cremation service contract shall be a legal document signed between
the representative of the investor in cemetery and crematorium and service
user.
2. A
cemetery/cremation service includes the following basic contents:
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b) Object
of the contract;
c)
Transfer of the right to use individual graves and payment methods (for the
cemetery that is funded by off-budget capital);
d)
Services and requirements for service quality;
dd)
Prices of cemetery services and payment methods;
e)
Conditions for change of projects;
g) Rights
and obligations of relevant parties;
h) Maps
showing the location of individual graves according to the approved detailed
cemetery construction planning (enclosed with the contract).
3. A cremation service includes the following basic
contents:
a)
Signatory;
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c) Prices
of cremation services and payment methods;
d) Rights
and obligations of parties.
4. The
investor in cemeteries and crematoria shall make the cemetery/cremation service contract
according to Clauses 2 and 3 of this Article and other applicable regulations of service
contract-related law.
Chapter VI
RESPONSIBILITY FOR SATE MANAGEMENT OF
CEMETERIES AND CREMATORIA
Article 30. Responsibilities of ministries
1. The
Ministry of Construction shall:
a) take
responsibility for state management of construction, management and use of
cemeteries and crematoria nationwide;
b)
cooperate with Ministries, ministerial
agencies and People’s Committees of provinces
in providing guidance and inspecting the implementation of regulations of the
law construction, management and use of cemeteries and crematoria.
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Article 31. Responsibilities of People’s Committees of
provinces
1.
Perform uniform management of cemeteries and crematoria within their provinces,
issue specific regulations on management of cemeteries and crematoria in
respect of planning, investment in, construction, renovation, closure and
relocation of cemeteries; management and use of cemeteries and crematoria;
management of expenses and prices of cemetery/cremation services; assignment
and authorization of responsibility to specialized
authorities and authorization of management to
the properly mandated People’s Committees within their provinces.
2.
Organize formulation of five-year and annual plans for construction, renovation
and expansion, roadmap for closure and relocation of cemeteries and individual
graves within their provinces according to the planning approved by the
competent authority; annually allocate budget according to planning for construction
of cemeteries and crematoria to serve burial needs within their provinces.
3.
Organize implementation of policies for incentives to construction of
cemeteries and crematoria in accordance with regulations.
4.
Organize the preparation of reports, establishment of database on activities of
cemeteries and crematoria; inspect and supervise construction, management and
use of cemeteries and crematoria within their area; submit annual report on
construction, management and use of cemeteries and crematoria to the Ministry
of Construction within their provinces.
5. Direct
inspection and actions against law on management of cemeteries and crematoria
within their provinces.
Chapter VII
IMPLEMENTATION CLAUSE
Article 32. Effect
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Article 33. Implementation
1. The Minister of Construction shall, within his competence, shall provide guidance and
organize the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of
Governmental agencies, Presidents of People’s Committees of provinces and relevant organizations and individuals are responsible for the implementation of this
Decree./.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung