Relevant Issues about the Handling Procedures after an Alien Dies in China

 2018-07-20  68


· Document Number:No. 39 [2008] of the Ministry of Civil Affairs

· Area of Law: Foreign Affairs

· Level of Authority: Departmental Regulatory Documents

· Date issued:03-14-2008

· Effective Date:03-14-2008

· Status: Effective

· Issuing Authority: Ministry of Civil Affairs Ministry of Foreign Affairs Ministry of Public Security

 

Implementation Opinions of the Ministry of Civil Affairs, the Ministry of Foreign Affairs and the Ministry of Public Security on the Relevant Issues about the Handling Procedures after an Alien Dies in China
(No. 39 [2008] of the Ministry of Civil Affairs)
The departments (bureaus) of civil affairs, the offices of foreign affairs and the departments (bureaus) of public security in all provinces, autonomous regions and municipalities directly under the Central Government; and the bureaus of civil affairs, the offices of foreign affairs and the bureaus of public security in all the cities under separate state planning:
According to the relevant provisions in the Handling Procedures after an Alien Dies in China as attached to the Provisions of the Ministry of Foreign Affairs, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of National Security and the Ministry of Justice on Some Issues about the Handling of Foreign-related Cases (No.17 [1995] of the Ministry of Foreign Affairs), the whole country has done a lot of work in the aspect of foreign-related funeral services, and has been praised by the persons concerned. Considering that China's foreign relations have become increasingly frequent and the number of aliens in China has gradually increased, some new circumstances and issues occur in the funeral management and services, the duties of relevant departments need to be further clarified and the work procedures need to be improved. The following opinions are hereby put forward as follows:
I. After an alien dies in China, his family member, friend, receptionist or employer shall report relevant conditions to the competent department according to the relevant provisions in the Handling Procedures after an Alien Dies in China and timely put forward the written opinions on how to deal with the dead body. The funeral home at the place where an alien dies shall cremate the dead body or assist in the matters of transporting the dead body out of China upon the strength of the death certificate and the written opinions put forward and verified upon signature by the alien's family member, friend, receptionist or employer and according to the procedures of our country on funeral management. The expenses resulted therefrom shall be borne by the dead alien's family member, friend, receptor or employer.
II. Where an alien dies in China and has no family member, friend, receptionist or employer in China, according to the valid identity certificate of the dead alien, the public security organ at the place where the alien dies shall give a report to the public security department (bureau) under the people's government of the province, autonomous region or municipality directly under the Central Government, and the public security department (bureau) under the people's government of the province, autonomous region or municipality directly under the Central Government shall deliver a note to the embassy or consulate of the state of nationality of the dead alien in China, and require the embassy or consulate to give a written reply on how to deal with the dead body within 30 days after the note has been delivered. If the reply is unclear or that embassy or consulate fails to give a reply, the public security department (bureau) under the people's government of the province, autonomous region or municipality directly under the Central Government shall deliver another note to that embassy or consulate, require to give a written reply within a time limit, and inform that it will record down the dead alien on files and notify the funeral home at the place where the alien dies to cremate the dead body if the embassy or consulate gives an unclear reply or fails to give a reply within the time limit. After the dead body is cremated, the ashes shall be kept for one year.
III. Where an alien dies in China and has no family member, friend, receptionist or employer in China, if the state of nationality of the dead alien as indicated on his valid identity certificate has not established any diplomatic relations with China but its consular affairs custodian state has an embassy or consulate in China, the public security department (bureau) under the people's government of the province, autonomous region or municipality directly under the Central Government where the alien dies shall deliver a note to the embassy or consulate of the consular affairs custodian state in China according to the procedures stipulated in the preceding paragraph; if there is no embassy or consulate of consular affairs custodian state in China, the public security department (bureau) under the people's government of the province, autonomous region or municipality directly under the Central Government where the alien dies shall put forward the written opinions on how to deal with the dead body upon negotiations with the foreign affairs department under the people's government at the same level.
IV. Where a dead person seems to an alien, if he has no family member, friend, receptionist or employer and has no valid identity certificate, the public security organ at the place where he dies shall make verification in a timely manner and report the verification results to the public security department (bureau) under the people's government of the province, autonomous region or municipality directly under the Central Government, and the public security department (bureau) under the people's government of the province, autonomous region or municipality directly under the Central Government shall put forward the written opinions on how to deal with the dead body upon negotiations with the foreign affairs department under the people's government at the same level.
V. After an alien dies in China, if his family member, friend, receptionist or employer requires to bury the dead body in the ground in China, the request shall be skillfully refused generally for the reason that our country implements the funeral reform and advocates cremation. If the dead alien has made important contributions when he was alive or is under a special circumstance and his ashes need to be dealt with in China or his body needs to be buried in the ground in China, the funeral affairs administrative department under the people's government of the province, autonomous region or municipality directly under the Central Government shall make a decision upon negotiations with the foreign affairs department under the people's government at the same level.
VI. For the dead body of an alien, who was suffering any of Category A infectious diseases, Severe Acute Respiratory Syndrome (SARS) in Category B infectious diseases, pulmonary anthrax or highly pathogenic avian influenza (HPAI) in the category of anthraxes, his family member, friend, receptionist or employer shall cooperate with the medical health institution in doing a good job in the disinfection of the dead body, and the dead body shall be immediately sent to the funeral home at the place where the alien dies for cremation. The expenses resulted therefrom shall be borne by the dead alien's family member, friend, receptionist or employer.
Ministry of Civil Affairs
Ministry of Foreign Affairs
Ministry of Public Security
March 14, 2008