The statute of limitations for initiating a civil lawsuits in Vietnam

Vietnamese regulation on the statute of limitations (i.e legal time limits) for initiating a civil lawsuit (i.e legal action) or lodgement of a petition in Vietnam

The statute of limitations for initiating a civil lawsuit in Vietnam

1. The statute of limitations for initiating a civil lawsuit or lodgement of a petition in Vietnam (Article 155 Vietnamese Civil Codes 2005, Article 159 of Vietnamese Civil procedure Codes 2011)

 The statute of limitations (legal time limits) for initiating civil lawsuits (legal action) is the time limit during which entities have the right to initiate lawsuits (legal action) to request courts to resolve civil cases in order to protect their rights and legitimate interests which have been infringed upon. Past this time limit, they will lose their right to initiate lawsuits (legal action), unless otherwise provided for by law.

2.  Non-application of the statute of limitations  for initiating civil lawsuit in Vietnam (Article 160 of Vietnamese Civil Codes 2005)

 The statute of limitations for initiating civil cases shall not apply in the following cases:

  a. Requesting to restitute property under the state ownership;

  b. Requesting to protect personal rights which are infringed upon, unless otherwise provided for by law;

  c. No statute of limitations (legal time limits)  is applied to disputes over property ownership; disputes to reclaim ownership of properties under others’ management or in others’ possession; disputes over land use rights in accordance with the land law (Article 159 of Vietnamese Civil procedure Codes 2011);

   d. Other cases specified by Vietnamese law.

3. Statutes of limitations for civil lawsuits or  lodgement of a petition in Vietnam (“Article 159 of Vietnamese Civil procedure Codes 2011)

 The statute of limitations (legal time limits) for initiating civil lawsuits (legal action) complies with Vietnamese law. In case the Vietnamese law does not prescribe a statute of limitations for initiating civil lawsuits, the following provisions shall be complied with:

 For disputes other than those prescribed at Point 3 mentioned above, the statute of  limitations for initiating a civil lawsuit is two years, counting from the date individuals, agencies or organizations become aware that their rights and legitimate interests are infringed upon.

4. Statute of limitations for initiating lawsuits related to civil contracts in Vietnam (Article 427 of Vietnamese Civil Codes 2005).

 The statute of limitations (legal time limits) for initiating lawsuits (legal action) to request the courts to settle disputes over civil contracts shall be two years counting from the date legitimate rights and interests of individuals, legal persons or other subjects are infringed upon.

5. Statute of limitations for initiating civil lawsuits to demand for damage compensation in Vietnam (Article 607 of Vietnamese Civil Codes 2005)

 The statute of limitations (legal time limits) for initiating lawsuits (legal action) to demand for damage compensation shall be two years counting from the date the legitimate rights and interests of individuals, legal persons or other subjects are infringed upon.

6. Statute of limitations for initiating inheritance-related lawsuits or lodgement of a petition in Vietnam (Article 645 of Vietnamese Civil Codes 2005)

 The statute of limitations  (legal time limits) for an heir to request the division of estate, to determinate his/her rights to inheritance or deny the inheritance rights of another person shall be ten years counting from the time of opening the inheritance.
The statute of limitations (legal time limits) for initiating a lawsuit to demand an heir to fulfill the property obligations left by the decedent shall be three years counting from the time of opening the inheritance.

7. Statute of limitations for civil lawsuits regarding civil relations involving foreign elements  (Article 777 of Vietnamese Civil Codes 2005)

 The statute of limitations (legal time limits)  for lawsuits regarding civil relations involving foreign elements shal be determined in accordance with the laws of the countries which are applied to the corresponding civil relations involving foreign elements.

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