Legal Grounds and Statute of Limitations for Filing a Lawsuit in Vietnam: A Detailed Guide

I. Legal Grounds for Filing a Civil Lawsuit: The Essential Prerequisites

Before a court can consider your case, it's vital to establish that the dispute falls within its jurisdiction. This forms the foundational basis of your lawsuit.

1. What Civil Disputes Fall Under the Court's Jurisdiction?

According to Article 26 of the Civil Procedure Code 2015 (CPC), the courts have jurisdiction over a wide array of civil disputes, including but not limited to:

• Disputes over Vietnamese nationality between individuals.
• Disputes concerning ownership rights and other proprietary rights to property.
• Disputes arising from civil transactions and civil contracts.
• Disputes related to intellectual property rights and technology transfer (except as provided in Clause 2, Article 30 of the CPC).
• Disputes concerning property inheritance.
• Disputes over non-contractual damages.
• Disputes regarding compensation for damage resulting from the application of administrative preventive measures inconsistent with competition law (unless the claim is resolved within an administrative case).
• Disputes related to the exploitation and use of water resources, and the discharge of wastewater into water sources, as per the Law on Water Resources.
• Land disputes in accordance with land law; disputes over ownership and use rights of forests as per the Law on Forest Protection and Development.
• Disputes connected to professional press activities as prescribed by press law.
• Disputes involving requests to declare notarized documents invalid.
• Disputes concerning property subject to enforcement for judgment execution under the law on civil judgment enforcement.
• Disputes over the results of property auctions and the payment of costs for registering to purchase auctioned property under the law on civil judgment enforcement.
• Other civil disputes, unless they fall under the jurisdiction of other legally prescribed agencies or organizations.

Understanding if your specific issue aligns with these categories is the first step.

2. Who Has the Right to Initiate a Lawsuit?

The right to bring a matter before the court is clearly defined. Article 186 of the CPC states:

"Agencies, organizations, and individuals have the right to initiate a lawsuit themselves or through their lawful representatives (hereinafter collectively referred to as plaintiffs) at a competent Court to request the protection of their lawful rights and interests."

This means if you believe your legal rights have been violated, you are empowered to initiate legal proceedings.

3. What is the Scope of Initiating a Lawsuit?

Article 188 of the CPC outlines the scope, allowing for flexibility in how lawsuits are filed, which can streamline legal processes:

• An agency, organization, or individual may sue one or more other agencies, organizations, or individuals regarding a single legal relationship or multiple interrelated legal relationships to be resolved within the same case.
• Multiple agencies, organizations, or individuals may jointly sue another agency, organization, or individual concerning one legal relationship or multiple interrelated legal relationships to be resolved in the same case.
• Agencies, organizations, and individuals specified in Article 187 of the CPC (relating to the right of agencies and organizations to sue in the public interest, state interest, or the interest of others) may sue one or more other entities regarding one or more interrelated legal relationships to be resolved in the same case.

Defining the scope correctly helps ensure your petition is appropriately filed and can prevent procedural delays.

II. Statute of Limitations for Filing a Civil Lawsuit: Don't Miss the Deadline!

Beyond establishing legal grounds, the statute of limitations is a critical factor determining whether the Court will accept your lawsuit. Failing to file within this prescribed period can result in losing your right to have the Court protect your interests, regardless of the merits of your claim.

1. What Exactly is the "Statute of Limitations for Filing a Lawsuit"?

Clause 3, Article 150 of the Civil Code 2015 (CC) provides a clear definition:

"The statute of limitations for filing a lawsuit is the time limit within which a subject is entitled to file a lawsuit to request the Court to resolve a civil case to protect lawful rights and interests that have been infringed; if this time limit expires, the right to file a lawsuit is lost."

Simply put, it's the legally mandated window of time you have to bring your case to court.

2. General Provisions on How Courts Apply the Statute of Limitations

Article 184 of the CPC 2015 clarifies the application of the statute of limitations in court proceedings:

• The statute of limitations for filing a lawsuit and the statute of limitations for requesting the resolution of a civil matter are implemented in accordance with the provisions of the Civil Code.
• Crucially: The Court will only apply provisions on the statute of limitations upon the request of one party or the parties, provided that this request is made before the Court of first instance issues a judgment or decision resolving the case.
• A person who benefits from the application of the statute of limitations has the right to refuse its application, unless such refusal is for the purpose of evading an obligation.

3. Exceptions: When Does the Statute of Limitations Not Apply?

Not all civil claims are bound by a statute of limitations. Article 155 of the CC 2015 specifies cases where the statute of limitations for filing a lawsuit does not apply:

• Requests to protect personal rights not associated with property.
• Requests to protect ownership rights, unless the Civil Code or other relevant laws provide otherwise.
• Disputes over land use rights as prescribed by the Land Law.
• Other cases as prescribed by law.

4. How is the Time Limit Calculated?

Accurately calculating the period is essential. Article 151 of the CC 2015 clearly states:

"A time limit shall be calculated from the commencement of the first day of the time limit and shall terminate at the end of the last day of the time limit."

5. "Paused Time": Periods Not Included in the Statute of Limitations

Certain objective circumstances can pause the running of the statute of limitations clock. Article 156 of the CC 2015 stipulates periods not included in the statute of limitations for filing a civil lawsuit or requesting resolution of a civil matter. These are periods during which one of the following events occurs:

• A force majeure event or an objective obstacle prevents the subject having the right to sue or make a request from doing so within the statute of limitations.
  • Force majeure event: An event that occurs objectively, is unforeseeable, and cannot be remedied despite applying all necessary and permissible measures.
  • Objective obstacle: An obstacle arising from objective circumstances that causes a person with civil rights or obligations to be unaware that their lawful rights or interests have been infringed, or unable to exercise their civil rights or perform their civil obligations.
• There is no representative for individuals who are minors, have lost civil act capacity, have difficulties in cognition and behavior control, or have restricted civil act capacity, and who are entitled to file or make a request.
• In cases where minors, persons who have lost civil act capacity, persons with difficulties in cognition and behavior control, or persons with restricted civil act capacity do not yet have a replacement representative if:
  • The representative (if an individual) dies or (if a legal entity) ceases to exist.
  • The representative cannot continue to act for a legitimate reason.

6. Restarting the Clock: When Does the Statute of Limitations Begin Anew?

According to Article 157 of the CC 2015, the statute of limitations for filing a civil lawsuit can restart in the following scenarios:

• The obligor (the party with the obligation) has acknowledged part or all of their obligation to the plaintiff.
• The obligor has acknowledged or fulfilled part of their obligation to the plaintiff.
• The parties have reconciled with each other.

The statute of limitations will restart from the day following the date on which such an event occurs.

7. Specific Statutes of Limitations for Common Disputes (under the Civil Code 2015)

The Civil Code 2015 also sets specific time limits for particular types of claims:

• Statute of limitations for requesting the Court to declare a civil transaction invalid (Article 132 CC): The time limit is two years from the date on which:

  • The representative of a minor, a person having lost civil legal capacity, a person with difficulties in cognition and behavior control, or a person with restricted civil legal capacity knew or should have known that the represented person established or performed the transaction themselves.
  • The person mistaken or deceived knew or should have known that the transaction was established due to mistake or deception.
  • The person who threatened or coerced ceases the act of threat or coercion.
  • The person who did not perceive and control their actions establishes the transaction.
  • The civil transaction was established but did not comply with form requirements. If, upon expiry of this two-year period, no request to declare the transaction invalid is made, the transaction generally becomes effective.

• Statute of limitations for initiating legal action regarding a contract (Article 429 CC):

  "The statute of limitations for initiating legal action to request a court to settle a contract dispute shall be three years from the date on which the person having the right to request knew or should have known that his/her lawful rights and interests were infringed."

• Statute of limitations for initiating legal action to claim damages (Article 588 CC):

  "The statute of limitations for initiating legal action to claim damages shall be three years from the date on which the person having the right to request knew or should have known that his/her lawful rights and interests were infringed."

III. Conclusion: Knowledge is Power in Protecting Your Rights

Understanding the legal grounds and the often-strict statutes of limitations for filing a civil lawsuit is crucial for effectively protecting your lawful rights and interests when engaging in civil relations in Vietnam. The provisions of the Civil Procedure Code 2015 and the Civil Code 2015 serve as the solid legal foundation for this process.

 

The information contained in this article is general and intended only to provide information on legal regulations. DB Legal will not be responsible for any use or application of this information for any business purpose. For in-depth advice on specific cases, please contact us.

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