Chapter XXII
PROCEDURES FOR RESOLUTION OF PETITIONS TO ISSUE NOTICES ON SEARCH OF PERSONS ABSENT FROM THEIR RESIDENCE PLACES
Article 324.- Petitions for issuing notices on search of persons absent from their residence places
1. Persons with related rights and interests shall be entitled to request courts to issue notices on search of persons absent from their residence places when such persons are absent for six consecutive months or more, and at the same time request courts to apply measures for management of the assets of the absent persons under the provisions of the Civil Code.
2. A petition for the court to announce the search of a person absent from his/her residence place must contain all contents prescribed in Clause 2 of Article 312 of this Code.
3. The petitions to request courts to issue notices on search of persons absent from their residence places must be accompanied by evidences to prove that such persons have been absent for six consecutive months or more. In case of petitions for the courts to take measures to manage the assets of the absent persons, the petitioners must provide documents on the situation of assets of the absent persons, the management of the existing assets as well as the list of the absent persons’ relatives.
Article 325.- Preparing to consider petitions
1. The time limit for preparing to consider a petition for the court to issue a notice on search of a person absent from his/her residence place shall be 20 days as from the date the court receives the petition. Upon the expiry of such time limit, the court shall issue a decision to open a meeting to consider the petition.
2. Within the above-mentioned time limit, the courts may issue decisions to stop the petition consideration if the petitioners withdraw their petitions or the persons on search notice return and request the courts to stop considering the petitions.
3. Within 10 working days as from the date of issuance of the decision to open a meeting, the judge must open a meeting to consider the petition.
Article 326.- Decisions to issue notices on search of persons absent from their residence places
1. The courts may accept or not accept petitions for issuance of notices on search of persons absent from their residence places.
2. In case of accepting a petition the court shall issue a decision to accept the petition and issue a notice on search of a person absent from his/her residence place. If a petition for the court to take necessary measures to manage the assets of the absent person is accepted, the court’s decision to accept the petition must also decide on the application of measures to manage the assets of such person according to the provisions of the Civil Code.
Article 327.- Notices on search of persons absent from their residence places
A notice on search of a person absent from his/her residence place must contain the following principal contents:
1. Date of issuance of the notice;
2. Name of the court that issues the notice;
3. Serial number and date of the court’s decision to accept the petition for issuance of a notice on search of a person absent from his/her residence place;
4. Full name and address of the petitioner;
5. Full name, date of birth or age of the person to be searched for and the address of his/her latest residence place before his/her absence.
6. Addresses of relevant individuals or organizations for contacts by the person to be searched for or other persons having information on the person to be searched for.
Article 328.- Announcement of notices on search of persons absent from their residence places
1. A notice on search of a person absent from his/her residence place must be published on a central daily for three consecutive issues and broadcast on the national Radio or TV station for three times in three consecutive days.
2. All expenses for the publication or broadcasting of notices on search of persons absent from their residence places shall be borne by the petitioners.
Article 329.- Effect of decisions on issuance of notices on search of persons absent from their residence places
Decisions on issuance of notices on search of persons absent from their residence places prescribed in Article 326 of this Code shall automatically cease to be effective in cases where the persons to be searched for return.
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