Does a civil contract in Vietnam other than a credit contract have a 3-year statute of limitations?

Cases where the statute of limitations does not apply?

Pursuant to Article 155 of the 2015 Civil Code, cases in which the statute of limitations for lawsuits does not apply are as follows:

“Article 155. No statute of limitations for initiating lawsuits

The statute of limitations for initiating a lawsuit does not apply in the following cases:

1. Request to protect personal rights not attached to property.

2. Request for protection of property rights, unless otherwise provided for by this Code or other relevant laws.

3. Disputes over land use rights according to the provisions of the Land Law.

4. Other cases prescribed by law.”

Thus, in case of request for protection of ownership rights, unless otherwise provided by this Code or other relevant laws or disputes over land use rights under the provisions of the Land Law, the statute of limitations will not apply. Sue.

How long is the statute of limitations for filing a lawsuit?

Pursuant to Article 429 of the 2015 Civil Code, the statute of limitations for initiating lawsuits over contracts is as follows:

“Article 429. Statute of limitations for initiating lawsuits over contracts

The statute of limitations for initiating a lawsuit to request the Court to settle a contract dispute is 03 years from the date the claimant knows or ought to know his/her lawful rights and interests have been infringed."

Does a civil contract in Vietnam other than a credit contract have a 3-year statute of limitations?

Does a civil contract other than a credit contract have a 3-year statute of limitations?

Pursuant to Article 184 of the 2015 Civil Procedure Code, the statute of limitations for initiating lawsuits and the statute of limitations for requesting the settlement of civil matters is as follows:

“Article 184. Statute of limitations for initiating lawsuits and statute of limitations for requesting the settlement of civil matters

1. The statute of limitations for initiating lawsuits and the statute of limitations for requesting the settlement of civil matters shall comply with the provisions of the Civil Code.

2. The court shall only apply the statute of limitations upon the request of a party or the parties to apply the statute of limitations, provided that this request must be made before the first-instance Court issues a judgment or decision on settlement. case.

Persons benefiting from the application of the statute of limitations have the right to refuse the application of the statute of limitations, unless such refusal is for the purpose of evading the performance of an obligation."

Thus, the Court only applies the statute of limitations upon the request of a party or parties to apply the statute of limitations, provided that this request must be made before the first-instance Court issues a judgment or decision to resolve the issue. decide the case.

For civil contracts that are not credit contracts, can the statute of limitations apply for 3 years?

Pursuant to subsection 3, Section III of Official Letter 02/TANDTC-PC in 2021 replying to the above issue, for disputes over property ownership and claim, the Court does not apply the statute of limitations regardless of the whether or not a party or parties has requested the statute of limitations. For disputes arising from civil transactions such as lease contracts, property leases, property loan contracts between individuals and collectives (not a credit contract), the statute of limitations for initiating a lawsuit apply according to the provisions of Article 429 of the Civil Code 2015 and Article 184 of the Civil Procedure Code.

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