Vietnam - Time Bars
Last updated November 2018
The time bars are defined under Article 149 of the Civil Code 2015 (to become effective from 01 January 2017) that time bar means a time-limit provided by law where, upon its expiry, a legal consequence arises as prescribed by law. Time bar for commencing a legal action is the time-limit within which such legal action should be initiated at the competent tribunal for resolution of a civil case; otherwise, the right to initiate such legal action shall be lost upon expiry of the time bar. However, application of the time bars at the civil proceedings is considered only at the requests or arguments of one or more parties involved in such civil proceedings at or before the first instance hearing
Table of time bars under the Vietnam civil law and other relevant laws
|Civil Contract Claims|| |
Within 3 (three) years of the date on which the party entitled to claim knows or should know that their lawful rights and interests are infringed.
|Art. 429 of the Civil Code 2015|
|Commercial contract claims|| |
Within 2 (two) years of the date on which the rights and interests are infringed except for claims for cargo damage/loss under logistics contracts (non-carriage) that are within 9 (nine) months from the day of cargo delivery.
|Art. 319, Art. 237, subpar 1, point of the Commercial Law|
|Claims in Tort||Within 3 (three) years of the date on which the party entitled to claim knows or should know that their lawful rights and interests are infringed.||Art. 588 of the Civil Code 2015|
|Personal Injury/Death||See claims in tort above|
Table of time bars under the Vietnamese maritime law and other relevant laws*:
Claims for cargo loss/damage under bills of lading
Claims for cargo loss/damage under contracts of carriage including B/Ls
Within 1 year of the day of the delivery of the goods or the date the goods should have been delivered.
Within 1 year of the day of the delivery of the goods or the date the goods should have been delivered
Art. 169 of the Maritime Code 2005
Art. 169 of the Maritime Code 2015
|Claims for performance of voyage C/P||Within 2 years of the date on which the party entitled to claim knows or should know that their lawful rights and interests are infringed||Art. 195 of the Maritime Code 2015|
|Recourse actions under bills of lading|| |
Recourse actions subject to nature of original right of claims subrogated to the insurers. It means that the time limit of recourse action for cargo loss/damage is also within 1 (one) year of the day of the delivery of the goods or the day the goods should have been delivered. The maritime law provides that the insurers perform the right of recourse in accordance with the provisions applicable to the assured
|Art. 326 of the Maritime Code 2015|
|General Average||Within 2 (two) years of the day of the occurrence of the GA||Art. 297 of the Maritime Code 2015|
|Assistance and Salvage||Within 2 (two) years of the day of the termination of the assistance or the salvage operations.||Art. 274 of the Maritime Code 2015|
|Freight, wages of officers, seamen and other crew members||Within 1 (one) year of the date on which the rights and interests are claimed to be infringed.||(no provisions in the Maritime Codes) |
Art. 202, subpar 2 of the Labour Code 2012
|Oil pollution and other environment pollution claims |
Applying regulations on claims in tort
Please refer to claims in tort above. Similarly, within 3 (three) years of the day when the damage occurs. Vietnam acceded to CLC 1992 and therefore regulations of the CLC 1992 will be applicable. In no case an action shall be brought after 6 (six) years from the date of the incident which causes the damage. When the incident consists of a series of occurrences, the 6 (six) years period shall run from the day of the first of such occurrences.
|Art. 161, subpar 3 of the Law on Environment Protection 2014|
|Collision, damage caused by execution or non execution of a manoeuvre or by non-observance of regulations, even if no collision actually takes place|| |
Within 2 (two) years of the day of the incident. However, the right to obtain contribution from other vessels in fault in respect of damages caused to third parties becomes time-barred within 1 year of the day of the payment.
|Art. 290 of the Maritime Code 2015|
|Passenger claims (dead, injury, loss of personal belongings)|| |
Within 2 (two) years from the date of the disembarkation in case of injury, within 2 years of the day the passenger should have been disembarked in case of death, with a maximum of 3 (three0 years if the death resulting from the injury occurs after the disembarkation, within 2 years of the day of the disembarkation or the day the disembarkation should have taken place for the loss of personal belongings.
|Art. 214 of the Maritime Code 2015|
You may also be interested in:
New PRC Civil Code: impact on guarantees
The new Civil Code of the People’s Republic of China came into effect from 1st January, 2021, bringing in numerous changes to the rules governing civil disputes in China, those of particular relevance to Members are the changes to the rules relating to guarantees, which we consider in more detail below.
Indonesia - Time Bars
As such in Indonesia, the law does not specify when the limitation periods begin. However, in practice, the period starts when the right to make the claim first arises. However, there is no specific maritime law/Act in Indonesia but there are few provisions in regard to the time bars/limitation as per Indonesian Commercial Code.