THE STATUE OF LIMITATIONS FOR LAWSUITS

According to:

Civil code 2015;

Vietnam Maritime Code 2015.

I. WHAT IS “THE STATUTE OF LIMITATIONS” MEAN?

1. The statute of limitations means a time limit provided by law where, upon its expiry, a legal consequence arises as prescribed by law.
2. A court only applies provisions in terms of prescriptive periods at the request of a party or the parties provided that such request is filed before the first trial court of first instance gives a judgment and/or a decision on settlement.
3. The person benefiting from the application of the prescriptive period may refuse to apply such prescriptive period, unless such refusal is aimed at evading his/her obligations.

II. NON – APPLICABILITY OF THE STATUTE OF LIMITATIONS

1. Request for the protection of personal rights not associated with property;
2. Request for the protection of ownership rights, unless otherwise provided by this Code or relevant laws.
3. Dispute over land use right as prescribed in the Law on land;
4. Other cases as provided by law.

III. SOME OF THE STATUTE OF LIMITATIONS FOR LAWSUITS:

STT	Dispute		The statute of limitations for lawsuits
1	Dispute Civil contract (Article 429 Civil code 2015)		03 years from the date on which the party entitled to request knows or should know that their lawful rights and interests are infringed.
2	Claiming compensation for damage (Article 588 Civil code 2015)		03 years from the date on which the legal rights or interests of an individual, legal entity or other subject were infringed.
3	Inheritance (Article 623 Civil code 2015)	Asset	10 years from the time of commencement of the inheritance
		Real estate	30 years from the time of commencement of the inheritance
4	The claim of an heir for a declaration of the right of inheritance or to disallow the claim to the inheritance of another (Article 623 Civil code 2015)		10 years from the time of commencement of the inheritance
5	Claim for an heir to fulfill property obligations of the deceased (Article 623 Civil code 2015)		03 years from the time of commencement of the inheritance
6	Claim on loss of and damage to goods (Article 169 Vietnam Maritime Code 2015)		01 year from the date of discharge of the goods or the date on which the goods should have been delivered to the consignee.
7	Claim regarding execution of the voyage charter-party (Article 195 Vietnam Maritime Code 2015)		02 years from the date on which the claimant is aware or must have been aware that his interests are contravened.
8	etc