In Vietnam: Is an alcoholic who has dissipated all family assets a person with limited civil act capacity?

In Vietnam: Is an alcoholic who has dissipated all family assets a person with limited civil act capacity?

Pursuant to Article 24 of the Civil Code in 2015 stipulating persons with limited legal capacity in Vietnam as follows:

1. A court shall, at the request of a person with related rights or interests or a relevant agency or organization, issue a decision to declare a person with limited legal capacity after excessive drug consumption or other psychotropic substances, worsening material situation of the family.

The court shall appoint a legal representative of the person with limited legal capacity and the representation scope.

2. All civil transactions related to the property of a person with limited legal capacity declared by a court must obtain the consent of his/her legal representative, except for transactions to meet the needs of daily life.

3. Where the basis on which a person has been declared limited capacity of exercise no longer exists, the court shall, at the request of such person or any person with related rights or interests, issue a decision to revoke the decision declaring the incapacitated person.

As regulatiosn above, a court shall, at the request of a person with related rights or interests or a relevant agency or organization, issue a decision to declare a person with limited legal capacity after excessive drug consumption or other psychotropic substances, worsening material situation of the family.

Therefore, your uncle is an alcoholic and has dissipated all family assets, so the court may issue a decision to declare him as a person with limited legal capacity.

In Vietnam: Is it permissible for people with limited legal capacity to carry out transaction of purchasing vehicles?

Pursuant to Article 125 of the Civil Code in 2015 stipulating invalidity of civil transactions established and performed by minors or legally incapacitated persons or persons with limited cognition and behavior control or persons with limited legal capacity in Vietnam as follows:

1. When a civil transaction is established or performed by a minor, a legally incapacitated person, a person with limited cognition and behavior control, or a person with limited legal capacity, a court shall, at the request of the representative of that person, declare such transaction invalid, if it is provided for by law that such transaction must be established and performed by or with the consent of the representative of that person, except for the cases prescribed in Clause 2 of this Article.

2. A civil transaction of a person prescribed in Clause 1 of this Article shall not be invalid in any of the following cases:

a) The civil transaction of a child less than 6 years of age or a legally incapacitated person established for his/her daily needs;

b) The civil transaction only either arising rights or exempting from obligations for the minor, the legally incapacitated person, the person with limited cognition and behavior control, the person with limited legal capacity and their contracting parties;

c) The civil transaction of which validity is recognized by the person established such transaction that become an adult or restore his/her legal capacity.

As regulations above, when a civil transaction is established or performed by a person with limited legal capacity, a court shall, at the request of the representative of that person, declare such transaction invalid, if it is provided for by law that such transaction must be established and performed by or with the consent of the representative of that person.

Therefore, if your uncle is a person with limited legal capacity, his transaction of purchasing vehicles shall be invalid at the request of the representative of that person.

What is the time limit for requesting court to declare invalid civil transactions which is carried out by people with limited legal capacity in Vietnam?

Pursuant to Article 132 of the Civil Code in 2015 stipulating the time limit for requesting court to declare invalid civil transactions which is carried out by people with limited legal capacity in Vietnam as follows:

1. The time limit within which a request may be made to a court to declare a civil transaction invalid as specified in Articles 125 thru 129 of this Code shall be two years as from the date on which:

a) The representative of a minor, a legally incapacitated person, a person with limited cognition and behavior control or a person with limited legal capacity knows and should know the ward established and/or performed the transaction himself/herself.

b) The mistaken or cheated person in a transaction knows and should know that such transaction is established due to misunderstanding or cheating;

c) The person that threatened or compelled other persons in a transaction put an end to such acts;

d) The person lacking in cognition and behavior control establishes his/her transaction;

dd) The civil transaction is established in non-compliance with form.

2. After the time limit prescribed in Clause 1 of this Article, if there is still no request for declaring civil transaction invalid, such transaction still remains valid.

3. For civil transactions specified in Articles 123 and 124 of this Code, the time limit for requesting a court to declare such civil transactions invalid shall not be restricted.

As regulations above, the time limit for requesting court to declare invalid civil transactions which is carried out by people with limited legal capacity in Vietnam shall be 2 years.

Best regards!