Accordingly, when the Court’s decision to declare an individual dead takes effect; the individual is “legally dead”. So, what regulations on declaring a dead person under Vietnamese Law? Let’s find out with LSX!
- Civil Code 2015
- Civil Procedure Code 2015
- Other relevant legal documents
When a person is legally dead?
Hence the regulations of Article 71 of the 2015 Law on Courts sets out the cases; in which a person can ask the Court to declare a person dead:
“Article 71. Declaration of death
- Persons with related rights and interests may request the Court to issue a decision declaring a person dead in the following cases:
- After 3 years, from the effective date of the Court’s decision declaring missing, there is still no reliable information that he is still alive;
- Disappeared during the war 5 years after the end of the war, but there is still no confirmation that he is still alive;
- Having an accident or disaster or natural disaster but after 02 years from the date of the accident or disaster; there is still no confirmation that he is still alive, unless otherwise provided for by law
- He has been missing for 5 consecutive years or more and there is no reliable information that he is still alive; This time limit is calculated according to the provisions of Clause 1, Article 68 of this Code.
- Based on the cases specified in Clause 1 of this Article; the Court shall determine the date of death of the person who is declared dead.
- The court’s decision declaring a person dead must be sent to the commune-level People’s Committee of the place; where the person is declared dead for notes in accordance with the civil status law.”
Declaration by the Court
Thus, a person with related rights and obligations may request the Court to declare a person dead in the following 04 cases:
- After 03 years from the effective date of the Court’s decision to declare missing, there is still no news of life;
- Disappeared during the war after 05 years since the war ended without any news of survival;
- Having an accident, disaster, or natural disaster that; after 02 years from the date of termination of the above events, there is no confirmation that he is still alive;
- Missing for 5 years or more, no news of survival.
At this time, the person with related interests must submit a request together with documents and evidence to prove that the requested person has died. Then, after 20 days from the date of accepting the application; the Court will issue a decision to notify the search for information about this person.
After the 10-day notice period expires, the Court will hold a meeting to consider the petition. In case accepted, the Court will issue a decision declaring a person dead. In it, the Court must determine the date of death and the legal consequences of this declaration.
Legal consequences of death declaration for individuals
Thus, when the Court’s decision to declare death for an individual takes effect, that individual is legally dead. In fact, this leads to legal consequences that change issues related to the person’s personal relationship and property relationship.
Regarding the status of subjects: In case the Court’s decision to declare the death of an individual takes effect, the subject status of that individual ceases completely. This means that, from the time the Court’s decision comes into effect, that individual cannot enter into any civil relationship as a subject of that relationship, from the financial relationship. property, personal relations, civil transactions…
Regarding personal relationships: Marriage, family, and other personal relationships of that person are handled as; in case they were a deceased person. In this case, the marriage relationship of the dead individual is under termination. Other personal relationships are similarly under termination. If the spouse of a dead individual marries another person, such marriage will still have legal effect.
Regarding property relations: If the dead person has a valid will, the property they leave behind; divided according to the will. In case there is no will or in some special cases, the estate left by the deceased will be divided according to law. In addition, in cases where the person declared dead has not yet settled the property obligations to a certain subject; the heirs must perform that obligation within the scope of the property left by the dead person.
Settlement of legal consequences of dead individuals
In addition to stipulating a dead person; the Civil Code has planned in advance how to solve the problems of the dead person. Specifically, Article 73 of the 2015 Civil Code provides for annulment of the decision to declare a person dead as follows:
Thus, according to the above provision; the dead person on his/her return can request the Court to cancel the decision on death declaration by himself or through the people with related rights and interests to request the Court. At that time, the person’s personal relationships and subject status; in fact; restored. In a marital relationship, if the spouse of an unmarried person marries another person; that conjugal relationship is automatically restored. In terms of property, the person has the right to get his property back from his heirs.
Lastly, thank you for paying attention to our article on “Regulations on declaring a dead person under Vietnamese Law?”. Hope that this article will help you solve your problem. In case you have any questions, please feel free to contact Lawyer X for quick and best legal services: +84846175333.
Death declaration is the content expressed in the Court’s decision to declare a person dead in order to determine the date of death of that person and the legal consequences of declaring a person dead when there are sufficient grounds.
According to Article 71 of the 2015 Civil Law, the agency competent to declare death is the Court.