02 notable points regarding statute of limitations in Vietnam

Below are two cases to note regarding the statute of limitations along with illustrative judgments that have been adjudicated in practice, specifically as follows:

1. Cases where the statute of limitations does not apply in Vietnam

The statute of limitations does not apply in the following cases:

- Requests to protect personal rights not attached to property;

- Requests to protect ownership rights, except as otherwise provided by this Code or other relevant laws;

- Disputes over land use rights as regulated by the Land Law;

- Other cases as prescribed by law.

a. Requests to protect personal rights not attached to property

- Judgment 17/2019/HNGD-ST dated May 10, 2019, regarding divorce dispute, child custody

+ Judicial body: People's Court of Thu Dau Mot City, Binh Duong Province.

+ Quoted content: "The plaintiff's request for litigation relates to personal rights, so it falls under the cases where the statute of limitations does not apply as prescribed in Article 39, Clause 1, Article 155 of the Civil Code." (Article 39 regulates personal rights in marriage and family)

- Judgment 222/2019/HNGD-ST dated September 10, 2019, regarding divorce dispute, child custody

+ Judicial body: District Court of Duc Hoa, Long An Province.

+ Quoted content: "The request to protect personal rights does not apply the statute of limitations according to Article 155 of the Civil Code 2015."

b. Requests to protect ownership rights, except as otherwise provided by this Code or other relevant laws

- Judgment 03/2018/KDTM-ST dated November 6, 2018, regarding credit contract dispute

+ Judicial body: People's Court of Phu Ly City, Ha Nam Province.

+ Quoted content: "Civil disputes in this case fall under the cases requesting protection of ownership rights, so the statute of limitations does not apply as prescribed in Clause 2 of Article 155 and Article 688 of the Civil Code 2015."

- Judgment 07/2018/DS-ST dated May 8, 2018, regarding property claim dispute

+ Judicial body: District Court of Phu Giao, Binh Duong Province.

+ Quoted content: "This is a civil dispute regarding property claim, so the statute of limitations does not apply as prescribed in Clause 2 of Article 155 of the Civil Code 2015."

c. Disputes over land use rights as regulated by the Land Law

- Judgment 13/2018/DS-ST dated April 26, 2018, regarding land use rights dispute

+ Judicial body: District Court of Dong Hoa, Phu Yen Province.

+ Quoted content: "Considering the plaintiff's lawsuit filed by Mr. Van Phu T requesting Mrs. Vo Thi H to return the land use rights, this request is in accordance with the provisions of the law, therefore, it is determined that this is a dispute over land use rights. Based on Article 155 of the Civil Code, the statute of limitations does not apply in this case."

- Judgment 06/2017/DS-ST dated August 11, 2017, regarding land use rights dispute

+ Judicial body: Town Court of Phuoc Long, Binh Phuoc Province.

+ Quoted content: "The plaintiff's lawsuit regarding the land use rights dispute falls under the cases where the statute of limitations does not apply as prescribed in Article 155 of the Civil Code."

2. Restarting the statute of limitations in civil cases in Vietnam

The statute of limitations in civil cases restarts in the following cases:

- The obligated party acknowledges part or all of their obligations to the plaintiff;

- The obligated party acknowledges or fulfills part of their obligations to the plaintiff;

- The parties have reached a settlement.

a. The obligated party acknowledges part or all of their obligations to the plaintiff

- Judgment 05/2018/DSST dated March 6, 2018, regarding dispute over loan contract

+ Judicial body: District Court of Luc Nam, Bac Giang Province.

+ Quoted content: "Although the statute of limitations has expired, during the process of resolving the case, Ms. K agreed to pay Ms. H 50 million VND, thereby acknowledging part of her obligations to the plaintiff. Based on Article 157, Clause 1, Point a of the Civil Code, the restart of the statute of limitations in the case is determined."

- Judgment 149/2017/DSPT dated September 27, 2017, regarding dispute over loan contract

+ Judicial body: Can Tho City Court.

+ Quoted content: "According to the reconciliation minutes in Area T, Ward T, District O on January 21, 2017, Mr. T admitted to borrowing 5,000,000 VND from Ms. M. Referring to Article 157 of the Civil Code 2015, this is a case where the restart of the statute of limitations is applicable."

b. The obligated party acknowledges or fulfills part of their obligations to the plaintiff

- Judgment 10/2019/DS-PT dated January 29, 2019, regarding dispute over loan contract

+ Judicial body: Dak Lak Provincial Court.

+ Quoted content: "Mr. K and Mrs. P, husband and wife, admitted to fulfilling part of their debt repayment obligations to Mr. H. Therefore, the restart of the statute of limitations is applicable, starting from the date Mr. K and Mrs. P acknowledged or fulfilled part of their obligations to Mr. H, as stipulated in Article 157, Clause 1, Point b of the Civil Code 2015."

- Judgment 43/2017/DS-ST dated August 23, 2017, regarding civil dispute over property claim

+ Judicial body: District Court of Go Dau, Tay Ninh Province.

+ Quoted content: "The date when Ms. K made the next repayment on February 23, 2017, and the plaintiff also acknowledged their obligations is the starting point for the restart of the statute of limitations, according to the provisions of Article 157 of the Civil Code 2015."

c. The parties have reached a settlement

The restart of the statute of limitations in civil cases begins from the day following the occurrence of one of the three events mentioned above.

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