Guidance

Vietnam: bereavement information

Updated 6 June 2022

1. Disclaimer

This information is not meant to be definitive, nor is it to be taken as a substitute for independent legal advice. Neither His Majesty’s Government nor its staff take any responsibility for the accuracy of the information, nor accept liability for any loss, costs, damage or expense that you might suffer as a result of relying on the information. Some of the information may not be relevant to your circumstances. The language used is intended to be general and factual and is not meant to cause offence.

2. Introduction

When a relative or friend dies abroad, the different procedures, laws or language can cause additional distress. You may be uncertain about what to do or who to contact.

This country-specific information is designed to help you through some of the practical arrangements you may need to make. It supplements the general information on death abroad produced by the Foreign, Commonwealth & Development Office, which applies to all countries.

Please note, as each country has its own laws and customs when a death occurs, it may not be possible to make the arrangements that you prefer, or at the time you would like.

3. How to contact the Foreign, Commonwealth & Development Office

There is a lot of information below, but you may have questions. You can speak to someone by phone 24/7, any day of the year by contacting the Foreign, Commonwealth & Development Office in London on 0207 008 1500.

If you are not in the UK, you can find the contact details of the nearest British embassy, high commission or consulate.

The priority of the Foreign, Commonwealth & Development Office is to provide assistance to British nationals overseas who need the most help. The level and type of assistance they can offer is tailored to the individual circumstances of each case.

4. Next of kin

The next of kin of the person who died will usually need to make decisions and practical arrangements. The next of kin can sometimes appoint another person to act on their behalf.

If you are not the next of kin, they will need to be informed. If required, the Foreign, Commonwealth & Development Office can help you do this.

There is no legal definition of next of kin in the UK. Please note that if there is a disagreement over who is the next of kin, or the person who died did not choose a next of kin, this can cause additional complications.

In Vietnam ‘next of kin’ could include parents, siblings and children over the age of 18 as well as the spouse of the deceased. Same-sex partners or spouses are not currently recognised. The local authorities will require a letter from us telling them who is the next of kin. To prepare this we will need proof of the relationship (for example a birth certificate if the next of kin is a child or a marriage certificate if the next of kin is a spouse). If you are unable to provide this please speak to us.

The next of kin generally is not automatically informed by the Vietnamese authorities when the death of a British national occurs in Vietnam. The usual process is that the police, after verifying the identity of the deceased, notify the Department of Foreign Affairs in the city/province where the death took place. The Department of Foreign Affairs then sends an official note to the British Embassy or Consulate-General to inform us of the death. The Consular Team in Vietnam reports the case to London who will trace the deceased’s next of kin. If the next of kin are in the UK and they have not already been informed of the death by a friend or relative, FCDO staff in Vietnam will ask Consular staff in London to ask the police to notify them.

However in some cases, the local authorities may temporarily appoint a local Funeral Director and share any NOK details found which may result in contact being made with family, friends or NOK in the UK prior to them being officially informed of the death.

4.1 Release of information to next of kin

The Foreign, Commonwealth & Development Office will try to obtain as much information as possible after your relative or friend has died abroad. Some of this may be only available to next of kin. Consular officers may be able to obtain this themselves, or they may put you in touch directly with the authorities overseas. They may be able to provide you with details of others who can advocate on your behalfs such as lawyers, charities, or other organisations.

The police are always called when a foreign national dies in Vietnam. They make a report about the death but this is not made available to the family. The Embassy/Consulate-General can try, at your request, to obtain a summary of it via diplomatic channels but in our experience, it can take many months to get a response and more often than no response is forthcoming. This is particularly true if the family requests no autopsy.

In the case of a suspicious death or road traffic accident, the police in the district in which the death occurred will be in charge of the investigation. Once the investigation is complete and if a suspect is apprehended a report will be prepared and passed to the Prosecutor. At this point, the victim’s family are entitled to have a copy of the report and to comment on it if they wish. The Prosecutor will then decide whether further enquiries are necessary, or whether to submit the case to the court for a trial to take place. This can be a lengthy process subject to delays and postponements. After the judge has reached a verdict, there is a period of 15 days in which an appeal can be submitted. We will inform you of the verdict.

All communications with the authorities in Vietnam will need to be made via the Foreign, Commonwealth & Development Office and the Embassy/Consulate-General. They will not interact directly with you. We will keep you informed of any developments. If you are in the UK or a third country your point of contact will be a member of the country casework team. If you are in Vietnam that will be a member of the Vietnam Consular team.

5. Insurance

It is very important to check if the person who died had insurance. If they had insurance, contact the insurance company as soon as possible. They may have a list of approved funeral directors to help you make arrangements, or be able to cover some of the costs.

If the person who died did not have insurance, the next of kin will have to appoint a funeral director and will usually be responsible for all costs. The Foreign, Commonwealth & Development Office cannot help with these costs.

6. Appointing a funeral director

If you decide to bring the deceased to the UK for the funeral or cremation, you may only need to appoint an international funeral director. The Foreign, Commonwealth & Development Office produces a list of international funeral directors based in the UK.

You, or a formally appointed representative, must appoint a funeral director. If the deceased was insured the insurance company will have a say in which undertaker can be used. Make sure they agree with your choice of funeral director.

If you decide to hold a funeral or cremation in VIETNAM, we have list of funeral directors in VIETNAM.

You, or a formally appointed representative, will need to discuss the family’s wishes with the funeral director and decide whether to:

• repatriate the deceased to the UK
• have a local cremation and the ashes repatriated to the UK or scattered/kept
• have a local burial - please consult with the funeral director and obtain advice

You, or the funeral director, will need to inform us of your wishes so that we can convey these to the local authorities in the form of an official letter.

The procedure to repatriate the body or release it for local burial/cremation includes getting permission from the Quarantine and Customs and Immigration Office. Your funeral director can arrange this. The average cost of repatriation is around US$10,000. Please note however that costs can vary greatly. Local formalities for repatriation normally take approximately a week to complete but ask your funeral director for a more accurate idea of both prices and timings.

If you opt for a local burial or cremation a written agreement must be prepared by the family before the local authorities will give permission for it to take place. This is particularly important in cases where a foreigner is married to a Vietnamese national. If there are parents, siblings or children of the deceased, who are living outside of Vietnam, they must confirm in writing that they have no objection to a local burial or cremation.

Please note that if a local burial or local cremation takes place there will be no inquest carried out in the UK.

7. Registering the death and obtaining a death certificate

You will need to register the death with the local authorities in the country where the person died. Sometimes a funeral director can do this for you. You will usually need documents about you and the person who has died, which include information such as full name, date of birth and passport number.

The local authorities will need to be told if the person suffering from an infectious condition such as hepatitis or HIV so they can take precautions against infection.

You do not need to register the death with the UK authorities. The local death certificate can usually be used in the UK for most purposes, including probate. If it is not in English, you will need to obtain and pay for an official translation.

The Vietnamese Department of Justice in each city/province is responsible for issuing the local death certificate. The funeral director will register the death and can apply for the death certificate on your behalf. The certificate will be in Vietnamese. The funeral director can also arrange for a certified and translated copy. You can obtain further copies through the funeral director or by having certified copies made by a local public notary.

Please note that on 16th July 2020 the Ministry of Justice issued instructions that the death certificate will no longer state the cause of death. The only document stating the cause of death will be the death notice which is issued by the doctor who declares the person dead. Please speak to your funeral director if you have questions about this.

The following documents are required to apply for a local death certificate:

• Completed application form (available at the local Justice Department and in Vietnamese only)
• Original death notification or other documents such as autopsy report
• Copy of visa and passport of the deceased (certified copy or original passport)
• Copies of the applicant’s ID or passport (funeral director or person appointed by the next of kin)

The death certificate will state a general cause of death for example ‘death by drowning’, ‘death through old age’ or ‘heart stopped beating’.

In normal circumstances, it takes approximately one week to obtain a death certificate. During the major annual public holiday, Tet, it will take longer.

You do not have to register the death of a British national that occurs overseas with the UK authorities. You can sometimes apply for consular death registration. This is not mandatory and cannot be used instead of a death certificate from the country where the person died. It is only available in some countries. If you wish to do this, you can find more information and apply online.

8. Post mortem examinations (autopsies)

When the death of a foreign national is by anything other than obvious natural causes, an autopsy may be required. The final decision on whether an autopsy will take place is made by the Vietnamese police. If you do not want an autopsy to take place, you can ask the police to consider waiving this requirement. Please note that if no autopsy takes place in Vietnam, including following a request by the next of kin, this may impact any police investigation and could mean that the police are not able to prosecute in cases where they may otherwise do so.

The autopsy will be performed by a pathologist in the presence of the police at the mortuary is being kept. An autopsy usually takes place within a few days of the body being taken to the mortuary. Organs, or parts of organs, may be removed during an autopsy without the consent of the next of kin. These may be retained and never returned.

The request to waive an autopsy should be made in the form of a signed declaration. The declaration must be accompanied by a copy/copies of the next of kin’s passport(s) (bio-data page) so that the authorities can verify the signature(s). The response from the authorities will depend on the circumstances of death and whether they consider further investigation is required. We will let you know where to send this declaration.

The body will be released as soon as the autopsy is complete. The repatriation, funeral or cremation does not have to wait until all samples have been tested. Your funeral director will advise you as to the precise timelines.

Autopsy reports may be available if formally requested. The Embassy/Consulate-General can make this request on your behalf. Please note that in Vietnam, it may take anything from a couple of weeks to a few months to obtain the report. The report will be in Vietnamese. We can provide an informal translation. For an official translation refer to our list of translators.

9. Mortuary facilities

After someone has died in Vietnam, they are taken to a mortuary, where they will need to be identified. If the deceased was travelling with a friend or relative, they may be asked to do this. Consular staff cannot formally identify a body and are not obliged to see or accompany the family to see the deceased but may be able to do so in certain circumstances. Should a family member wish to visit the mortuary the funeral director will accompany them.

There are mortuary facilities at every state hospital however the standards vary and are below what you would expect to find in the UK. In the larger cities such as Hanoi, Ho Chi Minh City, Lao Cai, Quang Ninh, Hai Phong, Hue, Da Nang, Nha Trang and Tien Giang there are hospitals with cold storage facilities. Mortuary and cold storage fees vary and can be expensive. Charges are normally by the day. The morgue in Ho Chi Minh City charges around 200,000 VND per day while the cold storage fees at Cho Ray hospital in Ho Chi Minh City are around 1,000,000 VND per day. The next of kin will be expected to pay mortuary or cold storage fees before the body can be released. Your funeral director can provide current advice and facilitate any payments.

10. Burial, cremation, repatriation

The next of kin of the person who has died will usually need to decide between a local burial, cremation or bringing the person home, which is known as repatriation. Your funeral director will usually be able to explain the options available, the costs, and help you make arrangements.

A local burial or cremation in Vietnam is possible. If you chose a local burial or cremation a written agreement must be prepared by the family before the local authorities will allow these wishes to be carried out. This is particularly important in instances where a foreigner is married to a Vietnamese national. If there are parents, siblings or children of the deceased, who are living outside of Vietnam, they must confirm in writing that they have no objection to a local burial or cremation.

Local hospitals normally embalm the mortal remains which may impact a future post mortem. If you have concerns about the preservation of the body for future tests please speak to your undertaker regarding alternative options.

Permission from the Quarantine and Customs and Immigration Office is required before the body can be released for local burial/cremation or repatriation. Your funeral director can arrange this

Please note if a local burial or cremation takes place, then an inquest in the UK will not be possible. For more information on inquests, see the information on UK coroners and inquests.

In the unfortunate event of a death whereby the deceased had COVID-19, the body must be cremated within 24 hours from the time of death. Burial is only allowed where cremation is not available. Cross-border transfer of corpses with COVID-19 is not permitted. These policies are to prevent the virus’ transmission.

11. Return of personal belongings

Personal belongings found on the deceased at the time of death may be either handed over to the family, if they are present, or taken by the police. If the next of kin choose repatriation, it is advisable to instruct the local undertaker to collect the belongings from the police and to ship personal belongings together with the body. If there is an investigation into the death, the deceased’s clothing may be retained as evidence and not returned.

Personal effects are normally returned to the family by commercial means without any formalities. The funeral company may be able to assist with this. All costs will have to be borne by the family or insurance company.

The British Embassy/Consulate-General cannot store or ship the personal effects.

12. Steps to take in the UK

You can find more information on the steps to take in the UK online. This includes information on arranging the funeral, telling the government about the death, UK pensions and benefits, and dealing with the estate of the person who died. There is a step-by-step guide of what to do when someone dies.

13. British passport cancellation

In order to avoid identity fraud, the passport of the person who died should be cancelled with HM Passport Office (HMPO). To do this, you will need to complete a “D1 form”.

The the form and instructions on where to send the passport are available online.

If you plan to repatriate the person who died to the UK, you will need their passport to do this. We will return the cancelled passport to you or the undertaker arranging the repatriation.

14. Child deaths

We are not aware of any specific procedures for the death of a child in Vietnam that would apply to foreigners.

15. Deaths in road traffic accidents

In the case of a road traffic accident, the police in the district in which the death occurred will lead the investigation. Once the investigation is complete, and if a suspect is apprehended – a report will be prepared and passed to the Prosecutor. At this point, the victim’s family are entitled to have a copy of the report and to comment on it if they wish. The next of kin will need to liaise with the Foreign, Commonwealth & Development Office country casework team who will forward the information to the Consular team in Vietnam for onwards communication to the Vietnamese authorities.

The Prosecutor will then decide whether further enquiries are necessary, or whether to submit the case to the Court for a trial to take place. This can be a lengthy process subject to delay and postponement. After the judge has reached a verdict, there is a period of 15 days in which an appeal can be submitted.

16. Deaths investigated as murder or manslaughter

If the local police have confirmed that they are investigating the death as a murder or manslaughter a dedicated team within the Foreign, Commonwealth & Development Office will be available to provide support, including by referring you to specialised organisations. You can find more about what they can do online.

If a death is regarded as suspicious the police will investigate. If an offender is identified and charged, they will be prosecuted. The authorities in Vietnam will not update the next of kin. All communications will go through the official channels of the Embassy/Consulate-General. Together with our colleagues in London, we will keep you informed of any developments. It can take many months to get updates from the Vietnamese authorities.

You should note that if the deceased is repatriated to parts of the UK a coroner or procurator fiscal may decide to hold an inquest. See the section on UK Coroners and inquests below.

17. UK coroners and inquests

If you repatriate the person who died to England and Wales there may be an inquest. The decision on when to hold an inquest is made by His Majesty’s Coroner. Please note, an inquest will usually only happens in certain situations, for example, when someone has died in suspicious, unnatural, and violent circumstances or whilst in detention. If the person who died is cremated and only their ashes are brought home, there will not be an inquest.

If you repatriate the person who died to Scotland, the Procurator Fiscal may decide to call for a Fatal Accidents or Injuries Inquiry.

If you repatriate the person who died to Northern Ireland, there will be no coronial inquest or further inquiry.

Please note, Procurators Fiscal and Coroners do not have jurisdiction in another country, nor do they seek to apportion blame to a named individual.

You can find more information on Coroners and the Procurator Fiscal in the FCDO guide on Death Abroad.

18. Legal Aid

Legal aid is not available in Vietnam.

19. Compensation

There are no formal government compensation schemes, although damages can be claimed from the accused. A decision on this will be made by the Judge when the case is heard.

You can find information on UK compensation for victims of terrorism overseas.

20. Translation and Interpretation

The official language is Vietnamese. You may wish to refer to our list of translators and interpreters.

21. Additional support

21.1 Local support organisations

We are not aware of any local charities or organisations in Vietnam providing support or advice to bereaved expatriate families.

21.2 Support organisations in the UK

In the UK, there are many organisations that can help bereaved families. Some of these are listed in the guide coping with death abroad.