What are the procedures for declaring persons dead in Vietnam? How many years does a person go missing before being declared dead?
What are the procedures for declaring persons dead in Vietnam?
Procedures for resolution of petitions for declaring persons dead according to the provisions of Chapter XXVII of the 2015 Civil Procedure Code of Vietnam are as follows:
Step 1: File petition for declaring a person dead
- Persons with related rights and interests may request the Court to declare a person dead according to the provisions of the Civil Code.
- The petitions must be accompanied by materials and evidences to prove that the persons who are requested to be declared dead are of the cases specified by the Civil Code.
Step 2. Consideration of petition for declaring a person dead
- Within 20 days as from the date of receiving a petition for declaring a person dead, the Court shall issue a decision on a notice on search of the person who is requested to be declared dead.
- The content of such a notice, the announcement of the notice and the time limit for announcement shall comply with the provisions of Articles 2 and 388 of this Code.
- Within the time limit for announcing a notice, if the petitioner withdraws his/her petition or the person who is requested to be declared dead returns and notify the Court, the Court shall issue a decision to terminate the consideration of the petition for declaring that person dead.
- Within 10 days from the day on which the time limit for announcement of notice expires, the Court shall open a meeting to consider the petition.
Step 3. Decision to declare a person dead
In case of accepting a petition, the Court shall issue a decision declaring a person dead. In such decision, the Court shall determine the day on which that person died and the legal consequences of declaring a person dead according to the provisions of the Civil Code.
What are the procedures for declaring persons dead in Vietnam? How many years does a person go missing before being declared dead? (Image from the Internet)
How many years does a person go missing before being declared dead?
Article 71 of the 2015 Civil Code of Vietnam provides for declaration of person dead 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.
Clause 1, Article 68 of the 2015 Civil Code of Vietnam provides 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.
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According to the provisions of law, 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.
What is the regulation on annulment of decision declaring person dead in Vietnam?
Article 73 of the 2015 Civil Code of Vietnam provides for annulment of decision declaring person dead as follows:
Annulment of decision declaring person dead in Vietnam
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.
Thus, when a person who has been declared dead returns, the decision declaring the person dead will be annulled according to the above provisions.
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