The Supreme People's Court has just issued Document 01/GD-TANDTC on July 25, 2016, providing answers on issues of criminal, criminal procedure, civil, and civil procedure matters.
Article table of contents
Criminal Code 2015, Criminal Procedure Code 2015, Civil Code 2015, Civil Procedure Code 2015 were issued with many new points. The Supreme People’s Court organized an online conference to train Judges and Court officials to introduce the content, new points, and to solve some issues related to the provisions of the codes and laws. Specifically, clarifying issues regarding the Civil Code 2015.
Applying the Statute of Limitations for Inheritance Division According to the Civil Code 2015 in Cases of Inheritance Opened Before January 01, 2017
According to Clause 1, Article 623 of the Civil Code 2015, the statute of limitations for an heir to request the division of the estate is 30 years for real estate from the time the inheritance is opened, and point d, Clause 1, Article 688 of the Civil Code 2015 stipulates the statute of limitations applicable to civil transactions established before the Civil Code 2015 took effect as prescribed in this Code. Thus:
- From the effective date of the Civil Code 2015, the provisions at Article 623 of the Civil Code 2015 shall apply to determine the statute of limitations for cases where the inheritance opening date is before January 01, 2017;- The Civil Code 2015 shall not be applied for cassation or retrial procedures for cases that the Court had already resolved according to the provisions of civil law before the Civil Code 2015 took effect.
Additionally, the document mentions that in cases where multiple heirs jointly possess and use the estate, the estate is under their common ownership. If each heir manages the estate at different times, the Court must apply the provisions of Clause 1, Article 623 of the Civil Code 2015, which states: “The statute of limitations for an heir to request the division of the estate is 30 years for real estate, 10 years for movable property, from the time the inheritance is opened. After this period, the estate belongs to the heir currently managing the estate...” to recognize the ownership rights of the heir managing the estate; the rights and obligations of the previous estate managers are considered and evaluated in each specific case as prescribed by law.
Interest Rates for Loan Contracts Established Before January 01, 2017
For civil transactions established before the Civil Code 2015 took effect, the application of the law is prescribed in Clause 1, Article 688 of the Civil Code 2015:
“1. For civil transactions established before this Code takes effect, the application of the law is regulated as follows:
a) Civil transactions that have not been performed but have content and form different from the provisions of this Code shall continue to be performed according to the provisions of the Civil Code No. 33/2005/QH11 and the legal documents detailing the implementation of the Civil Code No. 33/2005/QH11, unless the parties to the civil transaction agree to amend or supplement the content and form of the transaction to comply with this Code and apply the provisions of this Code.
Civil transactions in progress with content and form different from the provisions of this Code shall apply the provisions of Civil Code No. 33/2005/QH11 and the legal documents detailing the implementation of Civil Code No. 33/2005/QH11;
b) Civil transactions that have not been performed or are in progress with content and form compliant with this Code shall apply the provisions of this Code;
b) Civil transactions completed before this Code takes effect and have disputes shall apply the provisions of Civil Code No. 33/2005/QH11 and the legal documents detailing the implementation of Civil Code No. 33/2005/QH11 to resolve.”
Thus, the interest rates applicable to loan contracts established before January 01, 2017, are as follows:
- In cases that have not been performed or are in progress but have interest rate agreements different from the provisions of the Civil Code 2015, the provisions of the Civil Code 2005 and the legal documents detailing the Civil Code 2005 shall apply, unless the contract has not been performed and the parties agree to amend or supplement the interest rate provisions to comply with the Civil Code 2015 and apply its provisions;- In cases that have not been performed or are in progress but have interest rate agreements compliant with the Civil Code 2015, the Civil Code 2015 shall apply;- In cases that were completed before the Civil Code 2015 took effect and have disputes, the Civil Code 2005 and the legal documents detailing the Civil Code 2005 shall apply to resolve.
See more clarifications on criminal, criminal procedure, civil, and civil procedure issues at Document 01/GD-TANDTC.
