How to handle if a person who has been declared dead returns in Vietnam?
When will a Court of Vietnam issue a decision declaring that a person is dead?
Pursuant to Article 71 of the Civil Code 2015 stipulates as follows:
Declaration of person dead
1. A person with related rights or interests may request a court to issue a decision declaring that a person is dead in any of the following cases:
a) After three years from the effective date of a court's decision declaring a person missing, there is still no reliable information that such person is alive;
b) The person has disappeared during a war and there is still no reliable information that such person is alive for five years from the end of the war;
c) The person met with an accident, catastrophe or a natural disaster and there is still no reliable information that such person is alive for two years from the end of such accident, catastrophe or natural disaster, unless otherwise provided for by law;
d) The person has been missing for five consecutive years or longer and there is no reliable information that such person is still alive; this time limit shall be calculated in accordance with Clause 1 Article 68 of this Code.
2. A court shall, according to the cases specified in Clause 1 of this Article, determine the date of death of a person declared dead.
3. The decision on declaration of a dead person issued by a court must be sent to the People’s Committees of commune where the dead person resides for record as prescribed in law on civil status affairs.
Referring to Article 68 of the Civil Code 2015 stipulates as follows:
Declaration of person missing
1. When a person has disappeared for two consecutive years or longer and there is no reliable information on whether such person is still alive or dead even though notification and search measures have been fully applied in accordance with the civil procedure law, a court may, at the request of a person with related rights or interests, declare such person is missing.
The two-year time limit shall commence from the date the last information on such person is obtained; if the date of the last information cannot be determined, this time limit shall commence from the first day of the month succeeding the month when the last information is received; if the date and month of the last information cannot be determined, this time limit shall commence from the first day of the year succeeding the year when the last information is received.
2. In cases where the wife or the husband of a person who has been declared missing files for a divorce, a court shall grant the divorce as prescribed in law on marriage and family.
3. The decision on declaration of a missing person issued by a court must be sent to the People’s Committees of commune where the missing person last resides for record as prescribed in law on civil status affairs.
Accordingly, under normal conditions (no accident or disaster, natural disaster, war), a person has been missing for five consecutive years or longer and there is no reliable information that such person is still alive; or after three years from the effective date of a court's decision declaring a person missing, there is still no reliable information that such person is alive.
The time limit shall commence from the date the last information on such person is obtained; if the date of the last information cannot be determined, this time limit shall commence from the first day of the month succeeding the month when the last information is received; if the date and month of the last information cannot be determined, this time limit shall commence from the first day of the year succeeding the year when the last information is received.
How to handle if a person who has been declared dead returns in Vietnam?
How to handle if a person who has been declared dead returns in Vietnam?
Pursuant to Article 73 of the Civil Code 2015 stipulates as follows:
Annulment of decision declaring person dead
1. When a person who has been declared dead returns or when there is reliable information that such person is still alive, a court shall, at the request of such person or a person with related rights or interests, issue a decision on annulment of the decision declaring the person dead.
2. The personal relations of the person who has been declared dead shall be restored when a court issues a decision on annulment of the decision which declared that such person was dead, except for the following cases:
a) If the wife or the husband of the person who has been declared dead was permitted by the Court for her or his divorce in accordance with the provisions of Clause 2 Article 68 of this Code, the decision granting the divorce shall remain legally effective;
b) If the wife or the husband of the person who has been declared dead has married to another person, such marriage shall remain legally effective.
3. A person who has been declared dead but is still alive shall have the right to claim his/her property from the persons who received that his/her inheritance and/or the value of the remaining property.
If the heir of a person whom a court has declared dead is aware that such person is still alive, but intentionally conceals such information for the purpose of enjoying the inheritance, he/she must return all of the property received, including any benefits and income derived; if any damage has been caused, he/she must also pay compensation therefor.
4. Property relations between spouses shall be dealt with in accordance with this Code and the Law on marriage and families.
5. The decision on annulment of a decision declaring a person dead issued by a court must be sent to the People’s Committees of commune where the dead person resides for record as prescribed in law on civil status affairs.
Accordingly, When a person who has been declared dead returns or when there is reliable information that such person is still alive, a court shall, at the request of such person or a person with related rights or interests, issue a decision on annulment of the decision declaring the person dead.
At the same time, the personal relations of the person who has been declared dead shall be restored.
In addition, the person who has been declared dead but is still alive shall have the right to claim his/her property from the persons who received his/her inheritance and/or the value of the remaining property.
What are the procedures for annulment of decision declaring person dead in Vietnam?
Person who has the right to request annulment of decision declaring person dead in Vietnam
Pursuant to Clause 1, Article 73 of the Civil Code 2015 stipulates as follows:
Annulment of decision declaring person dead
1. When a person who has been declared dead returns or when there is reliable information that such person is still alive, a court shall, at the request of such person or a person with related rights or interests, issue a decision on annulment of the decision declaring the person dead.
Accordingly, the person who has the right to request the annulment of decision declaring person dead is such person or a person with related rights or interests.
Petitions for annulment of decision declaring person dead in Vietnam
Pursuant to Article 394 of the Code of Civil Procedure 2015 stipulates as follows:
Petitions to annul decisions that have declared persons dead
1. In cases where the person who is declared dead returns or where there is reliable information affirming that such person is still alive, that person or persons with related rights and interests may request the Court to issue decision to annul the decision that has declared such person dead.
2. The petitions must be accompanied by materials and evidences to prove that the persons who are declared dead have returned or are still alive.
Accordingly, the petitions to annul decisions that have declared persons dead includes:
- Application
- Materials and evidences to prove that the persons who are declared dead have returned or are still alive
Decisions for annulment of decision declaring person dead in Vietnam
Pursuant to Article 395 of the Code of Civil Procedure 2015 stipulates as follows:
Decisions to annul decisions that have declared persons dead
In case of accepting a petition, the Court shall issue a decision to annul the decision that has declared a person dead. In the latter decision, the Court must determine the legal consequences of the annulment of the decision declaring a person dead according to the provisions of the Civil Code.
Thus, after submitting petitions to annul decisions that have declared persons dead, in case of accepting a petition, the Court shall issue a decision to annul the decision that has declared a person dead
At the same time, the Court must determine the legal consequences of the annulment of the decision declaring a person dead according to the provisions of the Civil Code.
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