Legal regulations on time limits and prescriptive periods are notable when we enter into civil relations. Let’s find out about this issue with Lawyer X through the following situation: “Dear Lawyer! I want to ask what are time limits and what are prescriptive periods according to Vietnam legal regulations? Thanks for answering me!”
Legal grounds
- 2015 Vietnam Civil Code
What are time limits?
– Time limit means a length of time calculated from one point of time to another point of time.
– A time limit may be calculated by reference to minutes, hours, days, weeks, months or years, or by reference to the happening of an event.
*Methods for calculating time limits
– The method for calculating a time limit shall be apply in accordance with the provisions of Civil Code, unless otherwise agreed or otherwise provided by law.
– A time limit shall be calculated according to the solar calendar, unless otherwise agreed.
Detailed provisions on time limits and point of time for calculating time limits
– Where the parties have agreed on a time limit which is one year, half of one year, one month, half of one month, one week, one day, one hour or one minute, but such length of time is not continuous, the time limit shall be calculated as follows:
- One year shall be three hundred and sixty five (365) days;
- Half of one year shall be six months;
- One month shall be thirty (30) days;
- Half of one month shall be fifteen (15) days;
- One week shall be seven days;
- One day shall be twenty four (24) hours;
- One hour shall be sixty (60) minutes;
- One minute shall be sixty (60) seconds.
– Where the parties have agreed on a point of time which is at the beginning of a month, the middle of a month or the end of a month, such point of time shall be determined as follows:
- The beginning of a month shall be the first day of that month;
- The middle of a month shall be the fifteenth day of that month;
- The end of a month shall be the last day of that month.
– Where the parties have agreed on a point of time which is at the beginning of the year, the middle of a year or the end of a year, such point of time shall be determined as follows:
- The beginning of a year shall be the first day of January;
- The middle of a year shall be the last day of June;
- The end of a year shall be the last day of December.
Commencement of time limits
– Where a time limit is stated by reference to minutes or hours, it shall commence from a defined moment of time.
– Where a time limit is stated by reference to days, weeks, months or years, the first day of the time limit shall not be taken into account and the time limit shall commence from the day following the defined date.
– Where a time limit is stated by reference to the happening of an event, the date on which the event happens shall not be taken into account and the time limit shall commence from the day following the date on which the event happened.
End of time limits
- Where a time limit is stated by reference to days, the time limit shall end at the last moment of the last day of the time limit.
- Where a time limit is stated by reference to weeks, the time limit shall end at the last moment of the corresponding day of the last week of the time limit.
- Where a time limit is stated by reference to months, the time limit shall end at the last moment of the corresponding day of the last month of the time limit. If the month in which the time limit ends does not have a corresponding day, the time limit shall end on the last day of such month.
- Where a time limit is stated by reference to years, the time limit shall end at the last moment of the corresponding day and month of the last year of the time limit.
- Where the last day of a time limit falls on a weekend or a public holiday, the time limit shall end at the last moment of the next working day following such day.
- The last moment of the last day of a time limit shall be precisely twelve o’clock midnight on that day.
What are prescriptive periods?
– Prescriptive period means a time limit provided by law where, upon its expiry, a legal consequence arises as prescribed by law.
The prescriptive periods shall apply as prescribed in Civil Code and relevant laws.
– A court only applies provisions in terms of prescriptive periods at the request of a party or the parties provided that such request is filed before the first trial court of first instance gives a judgment and/or a decision on settlement.
The person benefiting from the application of the prescriptive period may refuse to apply such prescriptive period, unless such refusal is aimed at evading his/her obligations.
*Types of prescriptive periods
- A prescriptive period for enjoying civil rights is the time limit where, upon its expiry, an entity enjoys civil rights.
- A prescriptive period for a release from civil obligations is the time limit where, upon its expiry, a person with civil obligations is released from the fulfillment of those civil obligations.
- A prescriptive period for initiating legal action is the time limit within which an entity has the right to initiate legal action to request a court to resolve a civil case to protect the infringed legal rights or interests of the entity. When such time limit expires, the right to initiate such legal action shall be lost.
- A prescriptive period for requesting resolution of a civil case is the time limit within which an entity has the right to request a court to resolve a civil case in order to protect the legal rights and interests of natural persons, juridical persons, public interest and/or the interest of the State. When such time limit expires, the right to request shall be lost.
Effectiveness of prescriptive periods for enjoyment of civil rights and release from civil obligations
Where the law provides for that a subject may enjoy civil rights or be released from civil obligations by reference to a prescriptive period, the enjoyment of civil rights or the release from civil obligations shall take effect only upon expiry of the prescriptive period.
Continuity of prescriptive periods for enjoyment of civil rights and release from civil obligations
– The prescriptive period for enjoyment of civil rights or release from civil obligations shall continue uninterrupted from its beginning to its expiry. If there is an event causing an interruption, the prescriptive period shall recommence from the moment when the event causing the interruption ends.
– The prescriptive period for enjoyment of civil rights or release from civil obligations shall be suspended upon occurrence of any of the following events:
- A competent authority makes a resolution with respect to the civil rights and obligations which are the subject of the prescriptive period;
- Civil rights or obligations which are the subject of a prescriptive period are disputed by a person with related rights or obligations and they are settled by an effective judgment or decision issued by a court.
– The prescriptive period shall continue uninterrupted where the enjoyment of civil rights or the release from civil obligations or the right to initiate legal action is lawfully transferred to another person.
Commencement of prescriptive periods for initiating legal action for civil cases and prescriptive periods for requesting resolution of civil cases
– The commencement of the prescriptive period for initiating legal action for a civil case shall be calculated from the date on which the eligible person knows or should know that his/her legal rights or interests are infringed, unless otherwise provided by law.
– The commencement of the prescriptive period for requesting resolution of a civil case shall be calculated from the date when the right to request arises, unless otherwise provided by law.
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Frequently asked questions
Prescriptive period means a time limit provided by law where, upon its expiry, a legal consequence arises as prescribed by law.
– The method for calculating a time limit shall be apply in accordance with the provisions of Civil Code, unless otherwise agreed or otherwise provided by law.
– A time limit shall be calculated according to the solar calendar, unless otherwise agreed.
The commencement of the prescriptive period for initiating legal action for a civil case shall be calculated from the date on which the eligible person knows or should know that his/her legal rights or interests are infringed, unless otherwise provided by law.
Conclusion: So the above is Time limits and prescriptive periods under Vietnam Civil Code. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
