In civil disputes in Vietnam, an important but often overlooked factor is:statute of limitations for filing a lawsuit. Many people lose their right to sue just because they filed past the deadline without even knowing it. So what is the statute of limitations for filing a lawsuit, how is it calculated and how to ensure that your rights are not "delayed"? Let's find out more with DEDICA through the article below.
According to the 2015 Civil Code, the statute of limitations for filing a lawsuit is the period of time during which a person with the right to sue is allowed to request the Court to resolve the dispute to protect his or her legitimate rights and interests. After this time, if a lawsuit is not filed and the defendant requests the application of the statute of limitations, the Court may deny the lawsuit request.
The time the statute of limitations begins is the date the person with the right knows or should know that his or her legitimate rights and interests have been violated. This means that the statute of limitations does not always start from the date the contract was signed or the disputed event occurred, but can be calculated from the date you "knew" or "should have known" that your rights were being violated.
For example, if you sign a contract to supply goods in 2021, but it is not until May 2023 that you discover that the other party has not fulfilled its payment obligations, the statute of limitations will be calculated from the time of discovery, which is May 2023 - not from 2021.
Depending on the type of dispute, the statute of limitations for filing a lawsuit will be different. Specifically:
Withcivil contract disputes(contract of sale, service, cooperation, etc.), the statute of limitations is03 years
In caseclaim compensation for non-contractual damages, the statute of limitations is also03 yearscounted from the date of damage or the date of discovery of the act causing damage.
If you wantRequest to declare a civil transaction invalid(due to mistake, deception, threat, violation of formality conditions...), the statute of limitations is02 years
Withtrade dispute, especially in transactions between businesses, the statute of limitations is02 yearsfrom the date the right to request arises.
Property inheritance dispute, the statute of limitations is30 yearsfor real estate and10 yearsfor real estate.
Dispute over property ownershipalso has the same statute of limitations as inheritance: 30 years for real estate, 10 years for movable property.
An important note: there are cases where the law requires itThe statute of limitations does not apply, for example, disputes to reclaim illegally possessed property, requests to protect personal rights not related to property, or some land cases.
In reality, there are many reasonable reasons why people cannot file lawsuits on time. Vietnamese law has foreseen and allowed it“temporary suspension of statute of limitations”in the following cases:
There are force majeure events such as natural disasters or epidemics that prevent the plaintiff from exercising the right to sue.
The person with the right to sue does not have a legal representative (in the case of a child, an incapacitated person, etc.).
During the time these events occur, the statute of limitations will not be counted and will continue to be calculated again after the event ends.
In addition, there are casesThe statute of limitations starts again from the beginning– meaning you have “a new count”. This happens if:
The violating party acknowledges the obligation (writes a debt confirmation, commits to pay...).
The violating party performs part of the obligation (pay part of the money, deliver part of the goods...).
The two sides have reconciled and negotiated with each other.
For example, if the contract has a 3-year statute of limitations and the second year the other party sends an email requesting installment repayment, the statute of limitations will be "reset" and you will have another 3 years to sue from the date of this email.
One of the things that many people misunderstand is that once the statute of limitations expires, you cannot sue anymore. Reality is not quite like that.
You still have the right to file a lawsuit. However, if the defendantdoes not require the Court to apply the statute of limitations, the Court will still consider and resolve the case. But if the defendant requests that the statute of limitations apply, the Court has the right to deny your request - no matter how reasonable the case is.
So in any case, it's best to take actionwithin the statute of limitations, or have a clear strategy to “extend,” “restart,” or “pause” the statute of limitations if necessary.
Understanding the statute of limitations for filing a civil dispute not only helps you protect your legal rights, but also avoids having your petition dismissed because of late filing. In the context of civil - commercial transactions in Vietnam becoming increasingly complicated, "missing the deadline" to file a lawsuit can cause businesses to lose billions of dong that cannot be reclaimed.
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