Chương XXI Bộ luật Tố tụng dân sự 2004: Thủ tục giải quyết yêu cầu tuyên bố một người mất năng lực hành vi dân sự hoặc bị hạn chế năng lực hành vi dân sự

Chapter XXI

PROCEDURES FOR RESOLUTION OF PETITIONS TO DECLARE PERSONS LOSING THEIR CIVIL ACT CAPACITY OR HAVING RESTRICTED CIVIL ACT CAPACITY

Article 319.- The petitions to declare persons losing their civil act capacity or having restricted civil act capacity

1. Persons with related rights and obligations, relevant agencies or organizations shall be entitled to request courts to declare persons losing their civil capacity or having restricted civil act capacity according to the provisions of the Civil Code.

2. The petitions for courts to declare persons losing their civil act capacity or having restricted civil act capacity must fully contain the details prescribed in Clause 2, Article 312 of this Code.

3. The petitions for courts to declare persons losing their civil act capacity must be accompanied by the conclusions of professional bodies and other evidences to prove that such persons suffer mental or other diseases that render them unable to perceive or control their acts.

4. The petitions for courts to declare persons having restricted civil act capacity must be accompanied by evidences to prove that such persons are drug addictive or addicted to other stimulants, thus leading to a damage or loss of the assets of their families.

Article 320.- Preparation for petition consideration

1. The time limit for preparing the consideration of a petition for the court to declare a person losing his/her civil act capacity or having restricted civil act capacity shall not exceed thirty days as from the date the court accepts the petition. Upon the expiry of such time limit, the court shall issue a decision to hold a meeting to consider the petition.

2. During the time limit of preparing the petition consideration, at the proposals of the involved parties, the courts may request the examination of the health or ailments of the persons who are requested to be declared losing their civil act capacity or having restricted civil act capacity. In this case, the courts shall issue decisions to open meetings to consider the petitions after the examination conclusions are made.

3. During the preparation for consideration of a petition, if the petitioner withdraws his/her petition, the court shall issue a decision to stop the petition consideration.

4. Within fifteen days as from the date the decision to open a meeting is issued, the judge must hold such meeting to consider the petition.

Article 321.- Decisions to declare persons losing their civil act capacity or having restricted civil act capacity

1. The courts may accept or reject petitions to declare persons losing their civil act capacity or having restricted civil act capacity.

2. In cases where a petition is accepted by the court, the court shall issue a decision to declare a person losing his/her civil act capacity or having restricted civil act capacity.

In its decision to declare a person having restricted civil act capacity, the court must decide on the at-law representative of the person having a restricted civil act capacity and the scope of representation.

Article 322.- Petitions for annulling decisions to declare persons losing their civil act capacity or having restricted civil act capacity

1. When a person who is declared by the court to have lost his/her civil act capacity or have had a restricted civil act capacity is no longer in the declared state, that person or persons with related rights and obligations or relevant agencies or organizations may request the court to issue a decision to annul the decision that has declared such person losing his/her civil act capacity or having restricted civil act capacity.

2. A petition for the court to annul the decision that declares a person losing his/her civil act capacity or having restricted civil act capacity must include all the contents prescribed in Clause 2 of Article 312 of this Code.

Article 323.- Preparing for petition consideration and decisions of courts

1. The time limit for preparing to consider a petition requesting the court to annul a decision that has declared a person losing his/her civil act capacity or having restricted civil act capacity shall comply with the provisions of Article 320 of this Code.

2. The court may accept or reject petitions for annulling decisions that have declared persons losing their civil act capacity or having restricted civil act capacity.

3. In case of accepting the petitions the courts shall issue decisions to annul the decisions that have declared persons losing their civil act capacity or having restricted civil act capacity.