Precedent No. 81/2025/AL – A Key Reminder for Businesses

📢 On 25 December 2025, the Chief Justice of the Supreme People’s Court of Vietnam issued Decision No. 339a/QĐ-CA, officially promulgating 10 new precedents (case laws) to be uniformly applied from 1 February 2026.

🔍 Precedent No. 81/2025/AL
No Statute of Limitations for Claims to Recover Property
📖 Adopted by the Council of Judges of the Supreme People’s Court and promulgated under Decision No. 339a/QĐ-CA.

🧩 Case Background
🔹 The parties entered into a service contract.
🔹 The contract was later mutually terminated.
🔹 The service user acknowledged the outstanding payment obligation but failed to pay.
🔹 The defendant argued that the claim should be dismissed due to the expiry of the statute of limitations.

⚖️ Court’s Key Legal Reasoning
The Court held that:
🔹Once the contract had been terminated and no dispute remained regarding contract performance;
🔹And the payment obligation had been clearly acknowledged;

 The dispute no longer qualified as a contractual dispute, but rather as a civil claim for recovery of property (Pursuant to Article 155.2 of the 2015 Civil Code)

👉 no statute of limitations applies to such claims.

📌 Why This Matters for Businesses
Businesses cannot rely on limitation periods to avoid payment obligations that have been clearly established.
This precedent is particularly relevant for disputes involving:
– Service fees
– Consultancy fees
– Management or operating fees
– Outstanding receivables after contract termination

📉 From a risk perspective, the precedent strengthens debt recovery rights for service providers while reinforcing financial discipline for service users.

📎 Reference Materials: Attached Precedent No. 81/2025/AL – No statute of limitations for claims to recover property

💬 Interested in how this precedent may affect your contracts or debt recovery strategy?

📩 If you would like to discuss further with the legal team of THE LAM LAW LLC – Your legal need, Our Mission, please feel free to contact us.

THE LAM LAW LLC
🏢Indochina Park Tower, # 4 Nguyen Dinh Chieu Str, Tan Dinh Ward, Ho Chi Minh City.
📞Tel: +84 (0)28 710 58 222 – 6288 3798 – Hotline: +84 (0) 973 097 777
Email: info@thelamlawllc.com

 

Leave a Reply

Your email address will not be published. Required fields are marked *