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 | ||
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