What is the statute of limitations in a civil lawsuit?
According to Article 150.3 of the Civil Code 2015, the statute of limitations for a lawsuit is the statutory time limit within which a subject is entitled to initiate legal proceedings to request the Court to resolve a civil dispute in order to protect his/her violated legitimate rights and interests.
When does the statute of limitations for a civil lawsuit start?
According to Article 154.1 of the Civil Code 2015, the statute of limitations for a civil dispute starts from the date when the subject who has the right to request is aware or must be aware that his/her legitimate rights and interests have been infringed upon unless otherwise provided by law.
Non-application of the statute of limitations for initiating a civil lawsuit
According to Article 155 of the Civil Code 2015, the statute of limitations shall not apply in the following cases:
(a) Request for protection of personal rights not attached to property.
(b) Request for protection of ownership rights, except where otherwise prescribed by the Civil Code or other relevant laws.
(c) Disputes over land use rights in accordance with the Land Law.
(d) Other cases as prescribed by law.
Exclusions from the statute of limitations for initiating a civil lawsuit
The period during which one of the following events occurs is excluded from the statute of limitations for initiating a civil lawsuit:
(a) An event of force majeure or objective hindrance that prevents the subject having the right to initiate a lawsuit from doing so within the statute of limitations.
In which:
An event of force majeure is an event that occurs in an objective manner, which is unforeseeable and irremediable by all possible necessary and admissible measures being taken.
Objective hindrance is a hindrance caused by objective circumstances that render it impossible for a person with civil rights and obligations to acknowledge that his/her legitimate rights and interests have been infringed or to exercise those civil rights and obligations.
(b) The person entitled to initiate a lawsuit is a minor, has lost his/her civil act capacity, has restricted cognition and behavior control, has limited civil act capacity, and does not yet have a legal personal representative.
(c) A minor, or a person who has lost his/her civil act capacity, or has a restricted cognition and behavior control, or has limited civil act capacity does not yet have anyone to replace as a legal personal representative in any of the following cases:
(i) The legal personal representative being a person dies or ceases to exist in the case of a legal entity;
(ii) The legal personal representative cannot continue the representation for legitimate reasons.
Re-commencement of the statute of limitations for initiating a civil lawsuit
According to Article 157 of the 2015 Civil Code, the statute of limitations for initiating a civil lawsuit will re-commence from the day after one of the following events occurs:
(a) The obligated party has admitted a part or all of its obligations to the person initiating the civil lawsuit (the plaintiff);
(b) The obligated party has admitted or partially fulfilled its obligations to the plaintiff;
(c) The parties have reached a reconciliation.
Specific statute of limitations for initiating a civil lawsuit
The table below shows the statute of limitations in some specific civil cases:
| No. | Type of civil cases | Statute of limitations | Commencement time of the statute of limitations |
| 1 | Civil contract dispute resolution | 03 years |
From the date when the subject having the right to initiate a lawsuit is aware or must be aware that his/her legitimate rights and interests have been infringed upon. (Article 429 of the 2015 Civil Code) |
| 2 | Claim for distribution of real estate inheritance | 30 years | From the commencement of the inheritance.
(Article 623 of the 2015 Civil Code) |
| 3 | Claim for distribution of movable property inheritance | 10 years | |
| 4 | Declaration of inheritance rights or denial of the inheritance rights of others | ||
| 5 | Request for the heir to perform the property obligations of a deceased person | 03 years | |
| 6 | Claim for compensation for damages | 03 years |
From the date when the subject having the right to initiate a lawsuit is aware or must be aware that his/her legitimate rights and interests have been infringed upon. (Article 588 of the 2015 Civil Code) |
| 7 | Commercial dispute | 02 years | From the time legitimate rights and interests are violated.
(Article 319 of the 2005 Commercial Law) |
| 8 | Claim for resolution against an administrative decision, an administrative act, or a decision of complaint settlement | 1 year | From the date of receiving the administrative decision or knowing about the administrative decision or administrative act.
(Article 116 of the 2015 Law on Administrative Procedures) |
Note: This article is provided for reference purposes only and does not constitute legal advice. Depending on each specific matter from time to time, the information presented above may no longer be appropriate. For detailed advice, please contact LMP Lawyers.
