Limitation Period for Commercial Disputes in Vietnam

The limitation period is the time within which a party must bring a claim before a court or arbitral tribunal. In Vietnam, missing the limitation period can prevent an otherwise valid claim from being heard on its merits if the other side raises it. For commercial disputes, the general limitation period is two years, which makes prompt action important once a dispute arises.

The general two-year period

For commercial disputes, the limitation period for initiating a claim is generally two years, counted from the time the party whose lawful rights and interests are infringed knows or should have known that its rights were infringed. Because the clock can start before a party formally decides to sue, it is important to identify the trigger date early and calendar the deadline.

When time starts and stops

• Start — generally when the aggrieved party knew or should have known of the infringement.
• Suspension — the running of time may be suspended during force majeure or other objective obstacles recognised by law.
• Restart — in some cases, such as an acknowledgment of the obligation by the other party, the period may recommence.

Practical consequences

The limitation period is applied at the request of a party rather than automatically in all cases, so a defendant typically must raise it. Even so, a claimant should never rely on the other side failing to plead it. Certain claims — for example, requests to protect ownership or other rights that the law treats as not subject to limitation — may fall outside the general rule, so each claim should be assessed individually.

Frequently asked questions

What happens if I file after the limitation period?

If the other party raises the expiry and it applies, the court may refuse to resolve the claim on its merits. This is why timing is critical.

Can the limitation period be paused?

Yes, in defined situations such as force majeure or other lawful obstacles, the running of time may be suspended, and it may restart in certain circumstances such as acknowledgment of the debt.

Does the two-year period apply to every dispute?

The general commercial limitation period is two years, but some claim types have different rules or are not subject to limitation. Each situation should be checked.

How LTV Law helps

LTV Law assesses limitation deadlines, preserves claims through timely action, and advises on suspension and restart of the period in Vietnam — contact our team.

This article is for general information only and does not constitute legal advice.