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The 2015 Civil Code (effective from January 1, 2017) introduced significant amendments and supplements relating to statutes of limitations and limitation periods for initiating lawsuits, addressing shortcomings of the 2005 Civil Code.
The objective is to establish a unified legal framework that enables individuals, organizations, and judicial authorities to accurately determine the application of limitation periods in civil matters.
According to Clause 1, Article 149 of the 2015 Civil Code:
“A statute of limitations is a time limit prescribed by law, upon the expiry of which a legal consequence arises for the subject as stipulated by law.
The statute of limitations shall be applied in accordance with this Code and other relevant laws.”
Article 150 of the Civil Code classifies statutes of limitations into four categories:
Statute of limitations for acquiring civil rights:
When the period expires, the subject obtains the corresponding civil right.
Statute of limitations for being exempt from civil obligations:
When the period expires, the obligor is exempted from fulfilling the obligation.
Statute of limitations for initiating lawsuits:
The time limit for a subject to bring an action to request the Court to protect their lawful rights and interests. Upon expiry, the right to sue is lost.
Statute of limitations for requesting settlement of civil matters:
The period during which a subject may request the Court to settle a civil matter or protect the lawful interests of individuals, organizations, the State, the nation, or the public. After expiry, the right to request is lost.
Thus, the 2015 Civil Code clearly defines four distinct groups of limitation periods, each with its own scope of application and legal consequences.
The 2015 Civil Code specifies three categories of cases relating to limitation periods for filing lawsuits:
Article 429 provides:
“The limitation period for initiating legal action to settle contractual disputes is three (03) years from the date on which the party with the right to request knew or should have known that their lawful rights and interests were infringed.”
Article 588 states:
“The limitation period for initiating a claim for damages is three (03) years from the date on which the party with the right to claim knew or should have known that their lawful rights and interests were infringed.”
Compared to the 2005 Civil Code, these provisions extend the previous limitation period from 2 years to 3 years, ensuring more flexibility and fairness for claimants.
Article 155 of the 2015 Civil Code provides that no limitation period applies to:
Claims for protection of personal rights not associated with property rights
Claims for protection of ownership rights, unless otherwise prescribed by law
Disputes over land use rights under the Land Law
Other cases as provided by law
Clause 2, Article 149 states:
“The Court shall apply the statute of limitations only when requested by one or more parties, provided that the request is made before the first-instance Court issues its judgment or decision.”
This means that if a party wishes to invoke the statute of limitations, they must expressly request it during the first-instance proceedings.
Example 1:
A and B agree on a 10-year limitation period for resolving a land dispute.
However, under Article 155, land-use-right disputes are not subject to limitation periods.
→ The agreement has no legal effect.
Example 2:
H and K agree on a 4-year limitation period for damage claims.
But Article 588 sets the limit at 3 years.
→ The agreement is invalid as it contradicts statutory provisions.
Article 623 of the 2015 Civil Code provides:
30 years for immovable property
10 years for movable property
→ counted from the time the inheritance is opened.
After expiry, the estate belongs to the estate manager.
If there is no manager, the estate is handled under Article 236 or transferred to the State.
10 years from the time the inheritance is opened.
3 years from the time the inheritance is opened.
The 2015 Civil Code changed the title from “Limitation period for inheritance lawsuits” (Article 645, 2005 Civil Code) to “Inheritance limitation period” to broaden its scope.
Inheritance limitation periods now include not only litigation but also requests for division, confirmation, and performance of obligations.
From practical observations, GIV LAW recommends that competent authorities issue unified guidance on:
The application of Clause 2, Article 149 regarding limitation periods invoked at the request of parties
The interpretation and implementation of Article 623 on “inheritance limitation periods” to avoid confusion with limitation periods for lawsuits
Consistent legal interpretation will allow courts, lawyers, and citizens to apply the law accurately and protect the lawful rights and interests of parties in civil disputes.
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