Main tasks and practical skills:
The Judge should check the time limit for the request to resolve the civil matter:
- The time limit for requesting the Court to deal with a civil matter is one year from the date of accruing the right to make such a request (Point b of Item 3 of Article 159).
- Where the time limit for lawsuits or for requests is otherwise provided for by law, those time limits shall be determined by specific provisions (Item 3 of Article 159).
For example: Within one month from the date on which a civil judgment or decision which does not require enforcement in Vietnam is rendered by a foreign Court, persons with related rights and obligations or their legitimate representatives are entitled to file an application with the Ministry of Justice in order to request the Vietnamese Court reject the judgment or decision (Article 360 of the CPC).
- If the right to make such a request arose prior to 1 January 2005, the validity of such right shall be calculated as from 1 January 2005 (Point b of Sub-section 2.1 of Section 2 of Part I of Resolution No. 01/2005).
- Time limit shall be also determined on the basis of provisions of the Civil Code (Article 160 of the CPC)
|
