According to law in Vietnam, when shall a court declare a person missing?

According to law in Vietnam, when shall a court declare a person missing? (Internet image) 

Regarding this issue, LawNet responded as follows:

1. When shall a court declare a person missing?

According to Clause 1, Article 68 of the Civil Code 2015, the Court shall declare a person missing as follows:

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. Procedures for resolution of petitions for declaring a person missing in Vietnam

2.1 Petition for declaring a person missing

- Persons with related rights and interests shall be entitled to request the Court to declare a person missing under the provisions of the Civil Code 2015.

- The petitions must be accompanied by materials and evidences to prove that the persons who are requested to be declared missing have been absent for 02 consecutive years or more without reliable information on whether they are still alive or dead and prove that the petitioners have taken sufficient measures for search notices.

In cases where the Courts have issued decisions on notice on search of the persons absent from their residence places, copies of such decisions must also be submitted.

(Article 387 of the Civil Procedure Code 2015)

2.2 Preparation for consideration of petition for declaring a person missing

- Within 20 days as from the date of receiving a petition for declaring a person missing, the Court shall issue a decision on a notice on search of the person who is requested to be declared missing.

- The content of such a notice and the announcement of the notice shall comply with the provisions of Articles 384 and 385 of the Civil Procedure Code 2015. The time limit for such a search notice shall be 04 months from the day on which such notice is posted or broadcasted for the first time.

- Within the time limit for announcing a notice, if the petitioner withdraws his/her petition or the person who is requested to be declared missing returns and requests the Court to stop considering the petition, the Court shall issue a decision to terminate the consideration of the petition for declaring that person missing.

- Within 10 days from the day on which the time limit for search notice prescribed in clause 2 of Article 388 of the Civil Procedure Code 2015 expires, the Court must open meeting for considering the petition.

(Article 388 of the Civil Procedure Code 2015)

2.3 Decision to declare a person missing

- In case of accepting a petition, the Court shall issue a decision declaring a person missing.

- In cases where the Court is requested to take measures to manage properties of the person who is declared missing and the request is accepted, the decision declaring a person missing must also indicate specific measures to be taken to manage properties of that person according to the provisions of the Civil Code 2015.

(Article 389 of the Civil Procedure Code 2015)

3. What are the cases of annulment of a decision to declare a person missing in Vietnam?

The court shall annul a decision to declare a person missing when:

- The person who returns after being declared missing or persons with related rights and interests is entitled to request the Court to annul the decisions to declare a person missing as provided for in the Civil Code 2015.

- In case of accepting a petition, the Court shall issue a decision to annul the decision that has declared a person missing, deciding on the legal consequences of the annulment of the decision declaring such person missing under the provisions of the Civil Code 2015.

(Article 390 of the Civil Procedure Code 2015)

Nguyen Ngoc Que Anh

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