Guidance on Calculating the Statute of Limitations for Filing a Lawsuit under the 2015 Code of Civil Procedure

01:23, 12/07/2024

Statute of limitations for initiating lawsuits (SOLI), statute of limitations for requesting (SOLR) settlement of civil, marriage and family, business, commercial, and labor cases are guided by Resolution 02/2016/NQ-HDTP issued on June 30, 2016. To be specific:

- The time of arising disputes, requirements on civil, marriage and family, business, commercial, and labor matters stipulated in Article 2 of Resolution No. 103/2015/QH13 is the date of filing the lawsuit, the date of the request.- The determination of the date of filing the lawsuit, the date of the request is specified in Clauses 2, 3, and 4 of Article 190 of the Civil Procedure Code 2015 (CPC).- Continue to apply the provisions on acceptance and handling of the lawsuit and request under the provisions of the CPC 2004 amended and supplemented in accordance with the CPC 2011 until December 31, 2016, to handle and resolve civil, marriage and family, business, commercial, and labor cases.- Apply the provisions of the CPC 2015, the Civil Code 2015, and other relevant laws on acceptance and handling of lawsuits and requests to handle and resolve civil, marriage and family, business, commercial, and labor cases from January 1, 2017.

Resolution 02/2016/NQ-HDT guiding Resolution 103/2015/QH13 and Resolution 104/2015/QH13 takes effect from August 01, 2016.

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