Chương XXIII Bộ luật Tố tụng dân sự 2004: Thủ tục giải quyết yêu cầu tuyên bố một người mất tích

Chapter XXIII

PROCEDURES FOR RESOLUTION OF PETITIONS FOR DECLARING PERSONS MISSING

Article 330.- Petition for declaring a person missing

1. Persons with related rights and interests shall be entitled to request the court to declare a person missing under the provisions of the Civil Code.

2. A petition for the court to declare a person missing must fully contain the details prescribed in Clause 2 of Article 312 of this Code.

3. The petitions must be accompanied by evidences to prove that the persons who are requested to be declared missing have been absent for two consecutive years or more without authenticated information on whether they are still alive or dead and prove that the petitioners have taken sufficient measures for search notices. In cases where the courts have issued decisions on notice on search of the persons absent from their residence places, copies of such decisions must also be submitted.

Article 331.- Preparing for petition consideration

1. Within 20 days as from the date of receiving a petition for declaring a person missing, the court shall issue a decision on a notice on search of the person who is requested to be declared missing.

2. The content of such a notice and the announcement of the notice shall comply with the provisions of Articles 327 and 328 of this Code. The time limit for such a search notice shall be four months as from the date of publishing or broadcasting the notice for the first time.

3. Within the time limit for announcing a notice, if the petitioner withdraws his/her petition or the person who is requested to be declared missing returns and requests the court to stop considering the petition, the court shall issue a decision to stop the consideration of the petition for declaring that person missing.

Article 332.- Decision to declare a person missing

1. Within fifteen days as from the expiry of the time limit for announcing a search notice, the court shall open a meeting to consider a petition for declaring a person missing.

2. The court may accept or not accept petitions.

3. In case of accepting a petition, the court shall issue a decision declaring a person missing. In cases where the court is requested to take measures to manage assets of the person who is declared missing and the request is accepted, the court’s decision must also indicate specific measures to be taken to manage assets of that person according to the provisions of the Civil Code.

Article 333.- Petitions for annulling court decisions declaring persons missing

1. In cases where a person who is declared missing returns or where there is reliable information affirming that such person is still alive, that person or persons with related rights and interests may request the court to issue a decision annulling the decision that has declared such person missing.

2. A petition for the court to annul a decision declaring a person missing must fully contain the details prescribed in Clause 2 of Article 312 of this Code.

3. Such a petition must be accompanied by evidences to prove that the person who is declared missing has returned or is still alive.

Article 334.- Decision to annul a decision that declares a person missing

1. Within 15 days as from the date of accepting a petition for annulling a decision that has declared a person missing, the court shall open a meting to consider the petition.

2. The courts may accept or not accept petitions.

3. In case of accepting a petition, the court shall issue a decision to annul the decision that has declared a person missing, deciding on the legal consequences of the annulment of the decision declaring such person missing under the provisions of the Civil Code.