Regulations on management of property of persons declared missing in Vietnam

Regulations on management of property of persons declared missing in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are the case of declaration of person missing in Vietnam? 

Pursuant to Clause 1, Article 68 of the Civil Code 2015, 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.

Thus, 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.

2. Regulations on management of property of persons declared missing in Vietnam

According to Article 69 of the Civil Code 2015, regulations on management of property of persons declared missing are as follows:

The person currently managing the property of a person absent from his/her place of residence as provided for in Article 65 of the Civil Code 2015 shall continue to manage the property of such person when he/she is declared missing by a court

The person currently managing the property of a person absent has the following rights and obligations:

- Obligations of persons managing property of person absent from his/her place of residence

+ Keep and preserve the property of the absent persons as if it were his/her own property.

+ Sell immediately any property being crops or other products being in danger of decay;

+ Perform the absent persons' obligations to pay maintenance their dependents and/or pay due debts or financial obligations with such persons' property under the court's decisions.

+ Return the property to the absent persons upon their return and to notify a court thereof; or compensate for any damage caused during the course of management of the property due to his/her fault.

- Rights of persons managing property of person absent from his/her place of residence

+ Manage the property of the absent persons.

+ Deduct a portion from the property of the absent person in order to perform the obligations of such person to pay maintenance to his/her dependents, due debts or financial obligations.

+ Receive payment of all necessary expenditures on management of the property of the absent person.

If a court has granted divorce to the wife or the husband of the person who has been declared missing, the property of the missing person shall be handed over to the adult children or to the parents of the missing person for management. If there is no such person, the property shall be handed over to a relative of the missing person for management; if there is no relative, the court shall appoint another person to manage the property.

3. What are regulations on return of property to person who has been declared missing after they returns in Vietnam?

- When a person who has been declared missing 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 missing.

- A person who has been declared missing shall, upon his/her return, be permitted to receive his/her property back from the person managing the property after paying the management expenses.

Thus, if the person declared missing returns, the assets will be transferred after paying management fees.

(Clause 1, 2, Article 70 of the Civil Code 2015)

Nguyen Ngoc Que Anh

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