23/09/2022 10:14

What is prescriptive periods? Distinguish between prescriptive periods and time limits in Vietnamese law.

What is prescriptive periods? Distinguish between prescriptive periods and time limits in Vietnamese law.

"I often listen the words of "prescriptive periods" and "time limits". My question is that what are "prescriptive periods" and "time limits", and what are the different between them? Thank you!" _Anh Hong (Bac Giang)

Hello Ms. Hong, for your requests, LawNet would like to give you the following information:

What is prescriptive periods?

Prescriptive period means a time limit provided by law where, upon its expiry, a legal consequence arises as prescribed by law (according to Clause 1 Article 149 of The Civil Code 2015 of Vietnam).

Distinguish between prescriptive periods and time limits in Vietnamese law

Factors

Time limits

Prescriptive periods

Synopsis

Time limit means a length of time calculated from one point of time to another point of time.

Prescriptive period means a time limit provided by law where, upon its expiry, a legal consequence arises as prescribed by law.

Unit

May be calculated by reference to minutes, hours, days, weeks, months or years, or by reference to the happening of an event.

 Year

Types

+ Time limit determined by law

+ The term of the agreement according to wills of the parties

+ Time limit determined by a competent state agency when considering and settling specific cases.

 

+ Prescriptive period for enjoying civil rights

+ Prescriptive period for a release from civil obligations

+ Prescriptive period for initiating legal action

+ Prescriptive period for requesting resolution of a civil case.

Commencement

When a time limit is started, that date shall not be taken into account.

Prescriptive period shall commence from the first day of it.

Extension

When a time limit is over, it shall be extended.

No extension.

Subjects

- Competent authority

- Person, organization

Competent authorities, primarily Courts, investigative agencies or Procuracies

Applicable cases

-In civil transactions between persons and organizations

- Competent authorities apply to solve specific problems (Ex: Detension period)

Competent authorities apply to solve requests, deputes as prescribed in Vietnamese law.

Consequences

Subjects participating in such civil transactions shall bear some adverse consequences

No consequences.

Basis

Article 144 - 148 of the Civil Code 2015 of Vietnam. 

Article 149 - 157 of the Civil Code 2015 of Vietnam. 

Nguyen Sang
308


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