What is time limit? How to calculate the time limit according to the provisions of Civil Code in Vietnam?

What is time limit? How to calculate the time limit according to the provisions of Civil Code in Vietnam? (Internet image)

1. What is time limit?

According to Clause 1, Article 144 of the Civil Code 2015, time limit means a length of time calculated from one point of time to another point of time.

- A time limit may be calculated by reference to minutes, hours, days, weeks, months or years, or by reference to the happening of an event.

- A time limit shall be calculated according to the solar calendar, unless otherwise agreed.

(Based on Clause 2, Article 144, Clause 2, Article 145 of the Civil Code 2015)

2. Commencement of time limits in Vietnam

The commencement of time limitsunder Article 147 of the Civil Code 2015 is determined as follows:

- Where a time limit is stated by reference to minutes or hours, it shall commence from a defined moment of time.

- Where a time limit is stated by reference to days, weeks, months or years, the first day of the time limit shall not be taken into account and the time limit shall commence from the day following the defined date.

For example: The parties make a loan contract on January 1, 2022, the loan term is 2 months, the starting time of the term is 0:00 on January 2, 2022.

- Where a time limit is stated by reference to the happening of an event, the date on which the event happens shall not be taken into account and the time limit shall commence from the day following the date on which the event happened.

3. End of time limits in Vietnam

Pursuant to Article 148 of the Civil Code 2015, the end of time limits is determined as follows:

- Where a time limit is stated by reference to days, the time limit shall end at the last moment of the last day of the time limit.

For example: The parties make a service contract on January 1, 2022, the starting time is 0:00 on January 2, 2022; if the time limit for completing the service is 02 days so the time limit for completing the service is 24 hours on January 3, 2022.

- Where a time limit is stated by reference to weeks, the time limit shall end at the last moment of the corresponding day of the last week of the time limit.

For example: The time limit is 04 weeks from the Wednesday of the first week (August 31, 2022), the end time of this time limit will be 24 hours on the Wednesday of the last week (September 28, 2022). 

- Where a time limit is stated by reference to months, the time limit shall end at the last moment of the corresponding day of the last month of the time limit. If the month in which the time limit ends does not have a corresponding day, the time limit shall end on the last day of such month.

For example: The time limit is 03 months from July 31, 2022, the end time is October 31, 2022. But when the deadline is 04 months from July 31, 2022, the end time is November 30, 2022.

- Where a time limit is stated by reference to years, the time limit shall end at the last moment of the corresponding day and month of the last year of the time limit.

- Where the last day of a time limit falls on a weekend or a public holiday, the time limit shall end at the last moment of the next working day following such day.

- The last moment of the last day of a time limit shall be precisely twelve o'clock midnight on that day.

4. Detailed provisions on time limits and point of time for calculating time limits in Vietnam

Article 146 of the Civil Code 2015 stipulates the time limit and time to calculate the time limit as follows:

* Where the parties have agreed on a time limit which is one year, half of one year, one month, half of one month, one week, one day, one hour or one minute, but such length of time is not continuous, the time limit shall be calculated as follows:

- One year shall be three hundred and sixty five (365) days;

- Half of one year shall be six months;

- One month shall be thirty (30) days;

- Half of one month shall be fifteen (15) days;

- One week shall be seven days;

- One day shall be twenty four (24) hours;

- One hour shall be sixty (60) minutes;

- One minute shall be sixty (60) seconds.

* Where the parties have agreed on a point of time which is at the beginning of a month, the middle of a month or the end of a month, such point of time shall be determined as follows:

- The beginning of a month shall be the first day of that month;

- The middle of a month shall be the fifteenth day of that month;

- The end of a month shall be the last day of that month.

* Where the parties have agreed on a point of time which is at the beginning of the year, the middle of a year or the end of a year, such point of time shall be determined as follows:

- The beginning of a year shall be the first day of January;

- The middle of a year shall be the last day of June;

- The end of a year shall be the last day of December.

Van Trong

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