What is time limit for calculation of statute of limitations for submission of claims regarding a insurance contract in Vietnam?

What is time limit for calculation of statute of limitations for submission of claims regarding a insurance contract in Vietnam?

From January 1, 2017 (the effective date of the Civil Code 2015), the time to calculate the statute of limitations for initiating lawsuits for insurance contract disputes according to the provisions of the Law on Insurance Business in 2000, Amendments and Supplements in 2010 (effective from July 1, 2011) apply according to the provisions of the Civil Code or the Law on Insurance Business?

Reply:

According to the provisions of Article 184 and Article 185 of the Civil Procedure Code 2015, the statute of limitations for lawsuits, the statute of limitations for requests for civil matter resolution shall conform to provisions of the Civil Code.

Article 429 of the 2015 Civil Code (effective from January 1, 2017) stipulates:

The State of Vietnam shall ensure the sending of money and property collected from the enforcement of civil judgments/decisions of foreign Courts or foreign arbitrators’ award that are recognized and enforced by Vietnamese Courts to the countries issuing such judgments/decisions. The sending of such money and properties shall comply with Vietnam’s law.

According to the provisions of Article 30 of the Law on Insurance Business 2000, amended and supplemented in 2010, then:

The statute of limitations for instituting a lawsuit about an insurance contract shall be three years from the time the dispute arises.

Article 336 of the 2015 Vietnam Maritime Code:

The statute of limitation for submission of a claim regarding marine insurance contract lasts for 02 years from the date on which any dispute arises.

Thus, the Law on Insurance Business and the Civil Code 2015 have different provisions on the starting time to calculate the statute of limitations for initiating lawsuits. Because in fact, these two times are not identical: when the requester knows that a legal event occurs that infringes on their legitimate rights and interests, but they have not exercised the right to sue immediately, but will make an agreement, conciliate, and agree on a settlement within a certain period of time. When no agreement can be reached, a dispute arises.

In this case, the Court must give priority to the application of specialized law, i.e. the Law on Insurance Business, to determine the statute of limitations for initiating a lawsuit about an insurance contract which is 03 years from the time the dispute arises. The lawsuit related to the marine insurance contract is 02 years from the date of arising of the dispute in Vietnam. Because:

This provision is not contrary to the basic principles specified in Article 3 of the Civil Code 2015 (the principle of equality; freely, voluntary commitment, agreement; goodwill, honesty; not infringe on the common interests and of third parties; self-responsibility).

In addition, there are regulations on the statute of limitations for initiating lawsuits. Currently, it is required in other specialized laws that the provisions of these specialized laws also apply, but not the provisions of the Civil Code when determining statute of limitations for initiating lawsuits, statute of limitations for making claims. For example, the Vietnam Maritime Code (effective from July 1, 2017) has a statute of limitations for initiating a lawsuit (The statute of limitations for initiating lawsuits for damage or loss of goods; the statute of limitations for initiating a lawsuit on the performance of a consignment carriage contract; the statute of limitations for initiating action on the carriage of passengers and baggage; the statute of limitations for initiating lawsuits related to the charter party; the statute of limitations for initiating a lawsuit regarding the performance of a ship agency contract, the statute of limitations for initiating a lawsuit related to a marine insurance contract...) then the provisions of the Vietnam Maritime Code shall apply when determining the statute of limitations for initiating lawsuits for related disputes.

The above is the content specified in Section 8 Part IV of Official Letter 212/TANDTC-PC 2019.

Where to submit a lawsuit of civil transaction dispute in Vietnam?

After returning from a business trip, the car was not found, when I asked, I found out that my husband had sold the car to someone else, only making handwritten papers. Since this car was purchased by us during the marriage, it is a joint property, so now I want to file a lawsuit to the court to request that the civil transaction be declared invalid and return the car. What court should I apply to? Thank!

Reply:

- According to the provisions of Circular 15/2014/TT-BCA, an individual's car sale, donation or donation certificate must:

+ Having notarization as stipulated by the law on notarization; or

+ Having the certification of the People’s Committee of a hamlet, ward and town with respect to the signature of the owner in compliance with the law on certification.

- On the other hand, the Law on Marriage and Family 2014 stipulates: Property arising during marriage is the common property of husband and wife, so when deciding to sell a car, both husband and wife must agree. 

- According to the Civil Code 2015 stipulating that the civil transaction of buying and selling your husband's car has been invalidated in both content and form.

- Pursuant to the 2015 Civil Procedure Code, a dispute over a civil transaction is a dispute within the jurisdiction of the court, and the court with jurisdiction is the people's court of the district where the defendant resides (Buyer). Note: Property or litigants are not overseas.

Thus, according to the information you provided, this civil transaction of buying and selling of cars will be invalid, so you can apply to the district-level people's court of the car buyer to request the cancellation of the contract due to invalidity and the parties will return to each other what has been received in Vietnam.

If the contract is signed in 2003, according to which Law will the dispute be resolved in Vietnam?

The property loan contract between me and Mr. Son was signed on June 20, 2013, with a loan value of VND 10 million, interest-free, and the repayment period is February 10, 2014. But when the debt was due, Mr. Son did not pay, many times he asked for it, but Mr. Son did not pay. Now I want to file a petition to the Court to ask the Court to settle. Please ask, if I sue, will I be paid interest due to late payment? If yes, how much interest?

Reply:

Pursuant to Point c, Clause 1, Article 688 of the 2015 Civil Code, if there is a dispute over civil transactions that have been completed before January 1, 2017, the provisions of the 2005 Civil Code will apply to settle the dispute.

Thus, the dispute over the property loan contract between you and Mr. Son is resolved by the Court in accordance with the 2005 Civil Code.

On the other hand, according to Clause 4, Article 474 of the 2005 Civil Code, the interest rate on the late payment amount for the interest-free term property loan contract is as follows:

In case of an interest-free loan but when due, the borrower fails to repay the loan or fails to pay in full, the borrower must pay interest on the late payment debt at the basic interest rate announced by the State Bank corresponding to the term of late payment at the time of debt payment, if so agreed.

Thus, if the Court decides on the above interest rate, the amount of late payment will apply the interest rate announced by the bank at the time of repayment in Vietnam (February 10, 2014).

Best regards!