Time Limit

This provision provides guidance on resolving questions and disputes among parties concerning the interpretation of the duration of a time limit and the point in time at which it ends.

Specifically:

Time Limit

  1. A time limit is a period of time determined from one point in time to another.

  2. A time limit may be determined in minutes, hours, days, weeks, months, years, or by the occurrence of an event that may take place.

Application of the Method for Calculating Time Limits

  1. The method for calculating a time limit shall be applied in accordance with the provisions of this Code, unless otherwise agreed by the parties or otherwise provided by law.

  2. A time limit shall be calculated according to the Gregorian calendar, unless otherwise agreed.

Provisions on Time Limits and the Commencement Point of Time Calculation

  1. Where the parties agree on a time limit of one year, half a year, one month, half a month, one week, one day, one hour, or one minute, and the time periods are not continuous, the time limit shall be calculated as follows:
    a) One year equals three hundred and sixty-five (365) days;
    b) Half a year equals six (6) months;
    c) One month equals thirty (30) days;
    d) Half a month equals fifteen (15) days;
    đ) One week equals seven (7) days;
    e) One day equals twenty-four (24) hours;
    g) One hour equals sixty (60) minutes;
    h) One minute equals sixty (60) seconds.

  2. Where the parties agree on the beginning, middle, or end of a month, such points in time shall be determined as follows:
    a) The beginning of the month is the first day of the month;
    b) The middle of the month is the fifteenth (15th) day of the month;
    c) The end of the month is the last day of the month.

  3. Where the parties agree on the beginning, middle, or end of a year, such points in time shall be determined as follows:
    a) The beginning of the year is the first day of January;
    b) The middle of the year is the last day of June;
    c) The end of the year is the last day of December.

Commencement of the Time Limit

  1. Where a time limit is determined in minutes or hours, it shall commence from the specified starting time.

  2. Where a time limit is determined in days, weeks, months, or years, the first day of the time limit shall not be counted; calculation shall begin from the following day.

  3. Where a time limit begins upon the occurrence of an event, the day on which the event occurs shall not be counted; calculation shall begin from the day immediately following the occurrence of that event.

Expiration of the Time Limit

  1. Where a time limit is calculated in days, it shall expire at the end of the last day of the time limit.

  2. Where a time limit is calculated in weeks, it shall expire at the end of the corresponding day of the final week of the time limit.

  3. Where a time limit is calculated in months, it shall expire at the end of the corresponding day of the final month of the time limit; if the final month does not have a corresponding day, the time limit shall expire on the last day of that month.

  4. Where a time limit is calculated in years, it shall expire at the end of the corresponding day and month of the final year of the time limit.

  5. Where the last day of a time limit falls on a weekend or public holiday, the time limit shall expire at the end of the next working day following such weekend or holiday.

  6. The end of the last day of a time limit shall be at twenty-four (24) hours of that day.

(Legal basis: Articles 144 to 148 of the 2015 Civil Code of Vietnam)

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