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The Supreme People's Court of Vietnam: Benchbook Online

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3.2. Procedure for resolving a request to announce the search for a person that is absent from their residential place


Related legal documents
  • CPC (Article 324)
  • CPC (Article 329)

  • Main tasks and practical skills:

    • The petition must be accompanied by the evidence which proves that the person has been missing for not less than 6 months (Article 324 of the CPC).
    • It is possible to request to take measures of asset management and documents in relation to the property of such person, management of such property and list of their relatives are required to be provided (Article 324 of the CPC).
    • Time limit for preparing to consider the petition is 20 days and the meeting shall be opened within 10 days, from the date on which the decision on opening the meeting is issued.
    • Where the petition is accepted, the Court shall issue a decision accepting the petition and issue an announcement to search the person who is absent from their residential place (Article 326). The announcement must contain contents as provided in Article 327 of the CPC.
    • Announcement to search a person who is absent from their residential place must be published in three consecutive issues of a daily newspaper and broadcast on a central radio or television three times per day over three consecutive days.
    • The decision announcing the search shall automatically expire when the person under the search returns (Article 329 of the CPC).