What are cases of annulment of decision declaring person missing in Vietnam?

What are cases of annulment of decision declaring person missing in Vietnam? (Internet image)

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

1. What are cases of declaration of person missing in Vietnam?

According to Article 68 of the Civil Code 2015, regulations on declaration of person missing are 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.

- In cases where the wife or the husband of a person who has been declared missing files for a divorce, a court shall grant the divorce as prescribed in law on marriage and family.

- The decision on declaration of a missing person issued by a court must be sent to the People’s Committees of commune where the missing person last resides for record as prescribed in law on civil status affairs.

2. What are cases of annulment of decision declaring person missing in Vietnam? 

The annulment of decision declaring person missing according to Article 70 of the Civil Code 2015 is as follows:

- 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.

- If the wife or the husband of a person who has been declared missing has been granted a divorce, the decision granting the divorce shall retain legal effect notwithstanding the return of the person who has been declared missing or the reliable information that such person is still alive.

- The decision on annulment of a decision declaring a person missing issued by a court must be sent to the People’s Committees of commune where the missing person resides for record as prescribed in law on civil status affairs.

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

Regulations on management of property of persons declared missing according to Article 69 of the Civil Code 2015 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 and such person shall have the rights and obligations specified in Article 66 and Article 67 of the Civil Code 2015.

- 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.

4. Regulations on declaration of person dead in Vietnam

Regulations on declaration of person dead according to Article 71 of the Civil Code 2015 are 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:

+ 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;

+ 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;

+ 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;

+ 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 the 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.

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