Resolution of Civil Contract Disputes in Vietnam

1. What is a Civil Contract Dispute?

A civil transaction is a contract or a unilateral legal act that gives rise to, modifies, or terminates civil rights and obligations. (Article 116 of the Civil Code of Vietnam 2015).

A civil contract dispute is a significant concept within the field of Civil Law, pertaining to disagreements or conflicts between parties during the entry into, performance, or termination of a civil contract. Specifically, this dispute arises when one party fails to correctly or fully perform the obligations as agreed in the contract, thereby infringing upon the lawful rights and interests of the other party.

2. Matters to Note in Civil Contract Disputes

2.1. Statute of Limitations for Initiating a Lawsuit

In accordance with Article 429 of the Civil Code of Vietnam 2015, the statute of limitations for initiating a lawsuit to request the Court’s resolution of a civil contract dispute is 03 years, from the date on which the person with the right to claim knew or should have known that their lawful rights and interests were infringed.

Note: The Court shall only apply the regulations on the statute of limitations upon the request of a party or parties, provided that this request is made before the first-instance Court issues a judgment or decision to resolve the case. (Clause 2, Article 184 of the Civil Procedure Code of Vietnam 2015).

2.2. Jurisdiction for Resolution

Pursuant to Clause 3, Article 26 of the 2015 Civil Procedure Code of Vietnam 2015, disputes regarding civil transactions and civil contracts are among those which fall under the jurisdiction of the Court.

Note: The parties may opt to resolve the dispute through negotiation, mediation, or by initiating a lawsuit in Court. The choice of method depends on the nature of the dispute and the consensus of the parties.

2.3. Statement of Claim

When initiating a lawsuit for a civil contract dispute, the plaintiff must use the Statement of Claim (Form No. 23-DS), issued together with Resolution 01/2017/NQ-HDTP.

Note: The statement of claim must be accompanied by materials and evidence demonstrating that the lawful rights and interests of the plaintiff have been infringed. If, for objective reasons, the plaintiff cannot submit a complete set of materials and evidence with the statement of claim, they must submit the currently available materials and evidence to prove that their lawful rights and interests have been infringed. The plaintiff shall supplement or provide additional materials and evidence as requested by the Court during the case resolution process.

3. LawFirm.Vn’s Consulting Services for Civil Contract Dispute Resolution

If you are facing issues related to civil contract disputes, LawFirm.Vn is a leading choice to assist you in resolving them effectively and promptly. We provide dispute resolution services with a team of experienced lawyers, ready to support you from the mediation phase through to the resolution of the matter in court.

• Free Consultation: We offer a free consultation service to help you clearly understand your rights and obligations in a civil contract dispute.
• Clear Process: The dispute resolution process is conducted in clear steps, from the collection of materials and evidence, and mediation, to representing you in court if necessary.
• Commitment to Protecting Your Interests: We are committed to the utmost protection of our clients’ lawful rights and interests, ensuring you receive the best support throughout the dispute resolution process.
• Reasonable Costs: Service fees are calculated reasonably, corresponding to the nature and complexity of the case, helping you save time and effort.