Chương IV Nghị định 23/2016/NĐ-CP : Quản lý, sử dụng cơ sở hỏa táng

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;

b) The cremation technology that is applied in Vietnam for the first time must be approved by a competent authority. The Minister of Science and Technology shall cooperate with the Ministry of Construction and Ministry of Natural Resources and Environment in approving the cremation technology that is applied in Vietnam for the first time.

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

1. The cremation service user shall be provided with assistance in cremation, transport and other assistance (if any).

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;

d) Technical equipment must satisfy environment and occupational safety requirements.

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.