What is time limit? Regulation on time limit under the current Civil Code of Vietnam

What is time limit? Regulation on time limit under the current Civil Code of Vietnam (Source: Internet)

1. What is time limit?

Pursuant to Article 144 of the Civil Code 2015, the time limit is as follows:

- 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.

2. Methods for calculating time limits under Civil Code of Vietnam

Article 145 of the Civil Code 2015 provides for the application of time limit calculation as follows:

- The method for calculating a time limit shall be apply in accordance with the provisions of Civil Code 2015, unless otherwise agreed or otherwise provided by law.

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

3. Detailed provisions on time limits and point of time for calculating time limits under Civil Code of Vietnam

Pursuant to Article 146 of the Civil Code 2015 stipulating the time limit, point of time for calculating time limits is 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.

4. Commencement of time limits under the Civil Code of Vietnam

Article 147 of the Civil Code 2015 stipulates the commencement of time limits as follows:

- When the time limit is determined in minutes or hours, the time limit starts from the specified time.

- When a time limit is determined in days, weeks, months or years, the first day of the time limit shall not be counted but counted from the next day adjacent to the determined date.

- When the time limit begins with an event, the date of occurrence of the event is not counted from the next day immediately following the date of occurrence of that event.

5. End of time limits under the Civil Code of Vietnam

Article 148 of the Civil Code 2015 provides for the end of time limits 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.

- 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.

- 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.

- 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.

Ngoc Nhi

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