How long does it take for missing to be declared dead in Vietnam? What is handling in case a person who has been declared dead returns in Vietnam?

How long does it take for missing to be declared dead in Vietnam?

Pursuant to Article 71 of the 2015 Civil Code, regulations on declaration of person dead are as follows:

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.

Thus, according to current regulations in Vietnam, depending on the case of disappearance, there is a corresponding time. However, for people who have disappeared, the time will be 5 consecutive years or more and there is no confirmed information that they are still alive.

How long does it take for missing to be declared dead in Vietnam? What is handling in case a person who has been declared dead returns in Vietnam? (Image from the Internet)

What is handling in case a person who has been declared dead returns in Vietnam? 

Pursuant to Article 73 of the 2015 Civil Code, regulations on annulment of decision declaring person dead are as follows:

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.

According to current regulations in Vietnam, when the person who has been declared dead returns, the decision to declare death will be annulled and personal relationships, property, etc. will be restored according to the above regulations.

Best regards!