After 3 years of disappearance will be declared dead

From January 1, 2017, after 3 years of being declared missing with no confirmed news of being alive, that person will be declared dead.

The 2015 Civil Code, effective from January 1, 2017, details the circumstances and reasons why an individual may be declared dead.

Article 71 allows persons with related rights and interests to request the court to issue a decision declaring a person dead in the following cases:

- After 3 years from the date the court's decision declaring the person missing takes legal effect, there is still no confirmed news that the person is alive.

- Missing during the war after 5 years, since the war ended and there is still no confirmed news that he is still alive.

- Having an accident or disaster, natural disaster, and after 2 years from the date the accident or disaster ended, there is still no confirmed news that the person is still alive, unless otherwise provided by law;

- Missing for 5 consecutive years or more and there is no confirmed news that the person is alive; this time limit is calculated according to the provisions of Clause 1, Article 68 of this Code. That is, when a person has been missing for 2 consecutive years or more, despite having applied all notification and search measures as prescribed by the law on civil proceedings, there is still no confirmed news about whether that person is alive or dead. The 2-year time limit is calculated from the date of the last news about that person. If the date of the last news cannot be determined, this time limit is calculated from the first day of the month following the month of the last news. If the date and month of the last news cannot be determined, this time limit is calculated from the first day of the year following the year of the last news.

Based on the above grounds, the Court determines the date of death of the person declared dead.

The Court's decision declaring a person dead must be sent to the People's Committee of the commune where the person declared dead resides for recording in accordance with the provisions of the law on civil status.

When a court decision declaring a person dead becomes legally effective, as provided in Article 72, the person's marital, family, property and other personal relationships shall be resolved as if they were deceased. The person's property shall be resolved in accordance with the provisions of the law on inheritance.

However, when a person declared dead returns or there is confirmed news that he or she is still alive, as prescribed in Article 73, that person or a person with related rights and interests may request the Court to issue a decision to cancel the decision declaring that person dead.

The personal relations of a person declared dead are restored when the court issues a decision to annul the decision declaring that person dead, except in the following cases:

- The spouse of the person declared dead has been granted a divorce by the Court.

- If the wife or husband of the person declared dead has married another person, that marriage is still legally valid.

A person declared dead but still alive has the right to request that those who have received the inheritance return the property and the remaining value of the property.

In case the heir of the person declared dead knows that the person is still alive but deliberately conceals it in order to receive the inheritance, he/she must return all the property received, including the benefits and profits; if causing damage, he/she must compensate. Property relations between husband and wife are resolved according to the provisions of this Code and the Law on Marriage and Family.

The court's decision to annul the decision declaring a person dead must be sent to the People's Committee of the commune where the person declared dead resides for registration.

According to VNE