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The Supreme People's Court of Vietnam: Benchbook Online

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3.3. Procedure for resolving a request to declare a person missing


Related legal documents
  • CPC (Articles 331, 332, 333 and 334)

  • Main tasks and practical skills:

    • The petition must be accompanied by the evidence which proves that the person being declared as missing «has disappeared for two consecutive years or more and there is no reliable information on whether such person is alive or dead» and « the petitioner has taken all notification and search measures”.
    • Different from the procedure for announcing the search of a person who is absent from their residential place, the procedure for resolving a request to declare a person missing also contains an announcement (as provided in Article 327 and Article 328 of the CPC) but the announcement must be made before opening a meeting to consider the petition. Within a time limit of 20 days from the date of acceptance, the Court must issue a decision on announcing the search and time limit for the announcement shall be 4 months.
    • A request to revoke a decision declaring a person as missing shall be resolved in the same manner as a new civil matter by the Court which has issued the decision declaring such person as missing (the Court resolved it at first instance level).