The Difference between Time limit and Prescriptive period in Vietnam

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The Difference between Time limit and Prescriptive period in Vietnam

In the field of law in Vietnam, two important concepts commonly used are time limit and prescriptive period, which may appear similar but carry significant distinct meanings. Understanding the difference between them plays a crucial role in determining time limits, obligations, and rights in various transactions and legal activities.

Understanding the distinction between time limit and prescriptive period is especially important when applied to commercial transactions and legal activities. Clear comprehension of these terms can help avoid misunderstandings and accurately determine the timing and related rights in contracts and transactions.

Time limit

  1. Time limit is a period defined from one point in time to another.
  2. It can be defined in minutes, hours, days, weeks, months, years, or by an event that may occur.

Calculation of Time limit

  1. The calculation of time limit is generally based on the provisions of the 2015 Civil Code, unless otherwise agreed or specified by law.
  2. The time limit is calculated using the Gregorian calendar, unless otherwise agreed.

Starting Point of Time limit

  1. When the time limit is defined in minutes or hours, it starts from the specified point in time.
  2. When the time limit is defined in days, weeks, or months, the first day of the period is not counted; counting starts from the next consecutive day.
  3. When the time limit begins with a specific event, the day of the event is not counted; counting starts from the next consecutive day.

Ending Point of Time limit

  1. When the time limit is defined in days, it ends at the conclusion of the last day of the period.
  2. When the time limit is defined in weeks, it ends at the conclusion of the corresponding day of the last week of the period.
  3. When the time limit is defined in months, it ends at the conclusion of the corresponding day of the last month of the period; if the final month’s day does not correspond, the time limit ends on the last day of that month.
  4. When the time limit is defined in years, it ends at the conclusion of the corresponding day and month of the last year of the period.
  5. If the last day of the time limit falls on a weekend or public holiday, it ends at the conclusion of the next working day after that holiday.
  6. The ending time of the last day of the time limit is at 24:00 of that day.

Prescriptive period

  1. Prescriptive period is a timeframe prescribed by law within which legal consequences occur for a subject, under conditions specified by law. Prescriptive period is applied according to the provisions of the 2015 Civil Code and other relevant laws.
  2. Courts only apply the provisions on Prescriptive period upon a request to apply Prescriptive period from one or multiple parties, provided that such a request must be made before the court of first instance issues a judgment or a decision on the case.

A beneficiary of the application of Prescriptive period has the right to refuse its application, except when such refusal is intended to evade the fulfillment of obligations.

Types of Prescriptive period

  1. Prescriptive period for civil rights is the timeframe within which a subject enjoys civil rights upon its expiration.
  2. Prescriptive period for exemption of civil obligations is the timeframe within which a person with civil obligations is exempt from fulfilling those obligations upon its expiration.
  3. Prescriptive period for initiating a lawsuit is the timeframe within which a subject is entitled to initiate a lawsuit to request the court to settle a civil case protecting infringed legitimate rights and interests; if the timeframe expires, the right to initiate a lawsuit is lost.
  4. Prescriptive period for requesting the settlement of civil matters is the timeframe within which a subject is entitled to request the court to settle civil matters to protect the legitimate rights and interests of individuals, legal entities, national interests, ethnic interests, public interests; if the timeframe expires, the right to request settlement is lost.
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