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From the case of a living baby being declared dead: How to handle it?

Recently, in the area of ​​Tan An ward (Buon Ma Thuot City, Dak Lak) there was an incident where Mrs. NP went to Tan An ward to carry out procedures. death for the NHL grandchild (SN 2019, her son P.).

Mrs. P. declared her grandson L. died on the evening of 4-5 and was issued a death certificate by Tan An ward on May 11th. However, then my father posted on the internet that I was still alive.

The police invited Ms. P. to work, but she admitted that she was divorced from her ex-husband and the two still often had conflicts and frictions. Ms. P. said that her husband beat her, so she declared the death of her son and sent the death certificate to her ex-husband to prevent this person from seeing the child again. Currently, the police continue to clarify whether Ms. P’s true purpose is correct or not.

Regarding the issue of death declaration for a person while that person is still alive, many readers wonder if this is illegal? Will there be any impact on the life of the deceased?

From the case of a living baby being declared dead: How to handle it?  - Photo 1.

The mother died while the child was still alive

Regarding death registration procedures: Pursuant to Clause 1, Article 33 of the 2014 Civil Status Law, persons responsible for registering death include: spouse or children, father, mother or other relatives of the deceased. In case the deceased has no next of kin, the representative of the relevant agency, organization or individual shall declare the death.

Article 32 of the 2014 Civil Status Law stipulates: The commune-level People’s Committee of the last place of residence of the deceased is the competent authority to perform the death registration.

Clause 2, Article 34 of this Law stipulates that right after receiving the death registration paper: If it is found that the death declaration is correct, the judicial and civil status officer shall record the content of the death declaration in the civil status book and sign it with the death declarant. enter the civil status book and report to the President of the commune-level People’s Committee to issue an extract to the person declaring the death.

Therefore, the responsibility to check whether the death declaration is true or false belongs to the civil status – judicial officer at the commune-level People’s Committee of the last place of residence of the person who is registered for death.

Third, the application for death registration includes:

+ Declaration of death registration.

+ Death notice or paper to replace the death notice issued by a competent authority.

Pursuant to Clause 2, Article 4 of Decree 123/2015, the content of death registration shall be determined according to the death notice or the replacement document issued by the following competent authorities:

– For a person who dies at a medical facility, the head of the medical facility shall issue a death notice;

– For the person who dies due to execution of the death sentence, the Chairman of the death sentence execution council shall issue a certificate certifying the execution of the death sentence instead of the death notice;

– For a person who is declared dead by the Court, the Court’s effective judgment or decision replaces the death notice.

– For a person who dies on a means of transport, dies from an accident, is killed, dies suddenly or dies in doubt, the written certification of the police agency or the examination results of the forensic examination agency shall replace it. Death notice;

– For a deceased person who does not fall into one of the above cases, the commune-level People’s Committee of the place where he/she dies is responsible for issuing a death notice.

How will the act of declaring death for a living person be punished?

Pursuant to Point a, Clause 3, Article 41 of Decree 82/2020, the act of “carrying out procedures for death registration for living people” will be administratively sanctioned, with a fine ranging from VND 10 million to VND 20 million. Remedial measures are recommendations to competent agencies, organizations or persons to consider and handle the issued papers and documents.

Thus, according to the article’s information, if the baby NHL is still alive, the behavior of Mrs. P. NHL’s mother may be administratively sanctioned with the above sanctions. The competent authority will cancel the death certificate issued against the law for NHL baby.

In addition, the civil status officer of the People’s Committee of Tan An ward, Buon Ma Thuot city issued the death certificate for NHL baby only based on “the relevant personal papers brought by Mrs. P. the mother’s mother” and “in the ward”. , Mrs. P. cried, her face clearly showing sadness and signed a commitment that what she said was true, she should believe” is not in accordance with the regulations.

Officials have not checked and verified in reality, so depending on the nature and seriousness of violations, they must be handled and disciplined according to the Law on Cadres and Civil Servants.

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