Who is responsible for the mother’s death declaration of a 3-year-old child?

On the evening of May 19, NHL’s father (born in 2019, in Buon Ma Thuot city, Dak Lak province) posted information on social network about the fact that the son was still alive but was declared dead by his mother.

Accordingly, the child’s mother, Mrs. TTNP, carried out the procedures for declaring the child’s death at the headquarters of the People’s Committee of Tan An ward. Ward officials said that when she arrived, Ms. P was crying, her face clearly showing sadness. This person claimed that he died at home on May 4 from pneumonia and pledged that what he told was true. On May 11, the ward People’s Committee issued a death certificate for the boy.

On May 21, the ward leader said that he had directed to revoke the death certificate, and at the same time coordinated with the ward police to clarify the purpose of Mrs.

In this case, how can the mother be handled? What responsibilities should ward officials be when issuing a wrong death certificate?

Excerpt from the death certificate of L. Photo: NTD.

Lawyer Tran Xuan Tien (Head of Dong Doi Law Office) said that this is a rare and rare case.

Whether the motive is to prevent the ex-husband from seeing the children (according to Ms. P.’s testimony) or for any other reason, this act is selfish, condemnable and violates the law.

According to current regulations, death declaration is an administrative procedure that must be carried out when a person dies and must be done by the next of kin within 15 days from the date of death as prescribed in Article 33. Civil Status Law 2014.

However, through verification, the People’s Committee of Tan An ward confirmed that the baby was still alive and being raised by an acquaintance in Dak Mil district (Dak Nong province). Thus, the mother’s behavior violated the law on death registration.

Ms. P.’s act of carrying out procedures for death registration for survivors violated the provisions of Point a, Clause 3, Article 41 of Decree 82/2020/ND-CP of the Government. The sanction applied for this behavior is a fine of 10-20 million dong.

In addition, violators shall also be subject to the remedial measure of having to propose competent agencies, organizations or persons to consider and cancel the issued death certificates for survivors.

Sharing the same opinion, lawyer Luu Kieu Trang (Deputy Director of Ha Trong Dai Law Firm and associates) also said that the mother’s behavior violated the regulations on death registration and would face a 10-20 fine. million dong for the act of carrying out procedures for death registration for living people.

In addition, the lawyer said that the officer who issued the death certificate must also be responsible for his negligence.

According to Clause 2, Article 4 of Decree 123/2015/ND-CP of the Government, the content of the death declaration will include the following information: Full name, middle name, first name, year of birth of the deceased; personal identification number of the deceased, if any; place of death; cause of death; hour, day, month, year of death according to the solar calendar; nationality if the deceased is a foreigner. After receiving the dossier, commune and ward-level officials are responsible for verification. In case verification is required, the maximum settlement time is 3 working days.

If after verifying and finding that the death declaration is correct, the civil status judicial officer will record it in the civil status book and sign it with the person requesting the death declaration registration, clearly write his or her name in the civil status book, and then report The Chairman of the People’s Committee of the commune/ward signs and issues the original civil status extract to the requester.

“Officers and ward leaders were subjective, based only on their mother’s declaration, without checking and verifying the facts. If the people with relevant responsibilities are commune and ward civil servants, they will have to make a review according to the law. Law on cadres and civil servants At the same time, based on the Law on Cadres and Civil Servants, depending on the seriousness and behavior of the violation, these people may be reprimanded, warned, dismissed… and disciplined. the highest is forced resignation”lawyer Trang analyzed.

According to Zing