04 cases of declaration of person dead in Vietnam

04 cases of declaration of person dead in Vietnam (Internet image)

1. 04 cases of declaration of person dead in Vietnam

Article 71 of the Civil Code 2015 provides for death declaration as follows:

- 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:

(1) 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;

(2) 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;

(3) 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;

(4) 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 Civil Code 2015.

- A court shall, according to the cases specified in Clause 1 of Article 71 of the Civil Code 2015, determine the date of death of a person declared dead.

- 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.

2. Personal relations and property relations of persons declared dead by courts in Vietnam

Article 72 of the Civil Code 2015 stipulates personal relations and property relations of persons declared dead by courts as follows:

- When a decision of a court declaring that a person is dead becomes legally effective, all marriage and family relations and other personal relations of such person shall be resolved in the same manner as if the person were dead.

- The property relations of a person who is declared dead by a Court shall be resolved in the same manners as if such person were dead; the property of such person shall be dealt with in accordance with the law on inheritance.

3. Annulment of decision declaring person dead in Vietnam

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

- 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.

- 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:

+ 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 Civil Code 2015, the decision granting the divorce shall remain legally effective;

+ 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.

- 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.

- Property relations between spouses shall be dealt with in accordance with Civil Code 2015 and the Law on marriage and families.

- 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.

Vo Ngoc Nhi

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