Main tasks and practical skills:
- The petition requesting to declare a person as without capacity to perform civil actions must be accompanied by opinions of a professional body and other evidence which prove that the person is incapable of being aware of or controlling their own actions due to any mental or other illness (Item 2 of Article 319 of the CPC).
- The petition requesting to declare a person as having limited capacity to perform civil actions must be accompanied by the evidence which proves that the person is addicted to drugs or other stimulants causing them to damage their family’s assets (Item 4 of Article 319 of the CPC).
- Time limit for preparing to consider the petition shall not exceed 30 days, from the date of acceptance; When the time limit expires, the Court must issue a decision on opening a meeting session to consider the petition (Item 1 of Article 320 of the CPC).
- Where there is a request asking the Court to call for an expert examination, once the examination results are received, the Court must issue a decision on opening the meeting session (Item 2 of Article 320 of the CPC).
- The meeting session must be opened within a time limit of 15 days, from the date when the decision on opening the meeting session is issued (Item 4 of Article 320 of the CPC).
- When the Court decides to declare a person as having limited capacity to perform civil actions, the Court shall also decide a legal representative for such person and scope of representation (Item 2 of Article 321 of the CPC).
- The petition requesting to revoke a decision declaring a person as without capacity to perform civil actions or having limited capacity to perform civil actions may be lodged by such person or related person or organization (Article 322 of the CPC). Time limit for preparing to consider the petition shall be conducted in accordance with Article 320 of the CPC.
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