ÁN LỆ SỐ 81/2025/AL: VỀ XÁC ĐỊNH TRANH CHẤP DÂN SỰ VỀ ĐÒI LẠI TÀI SẢN / CASE LAW NO. 81/2025/AL: ON

Adopted by the Council of Justices of the Supreme People’s Court on December 24, 2025 and promulgated under Decision No. 329a/QĐ-CA dated December 25, 2025 of the Chief Justice of the Supreme People’s Court.

Source of the case law:

Cassation Decision No. 13/2022/KDTM-GĐT dated December 12, 2022 of the Council of Justices of the Supreme People’s Court regarding the business and commercial case “Dispute over a service contract” between the plaintiff, Company M, and the defendant, Joint Stock Company A.

Location of the case law content:

Paragraphs 5 and 6 of the section “The Court’s Assessment.”

Summary of the case law content:

Case law situation:

The parties entered into and performed a service contract, and subsequently agreed to terminate the contract. The plaintiff (the service provider) requested the defendant (the service user) to pay the service fees; the defendant agreed to make payment but failed to do so. Consequently, the plaintiff initiated a lawsuit before the Court requesting the defendant to pay the outstanding amount. The defendant requested the application of the statute of limitations for initiating a lawsuit.

Legal solution:

In this case, the Court must determine that the dispute between the parties is a civil dispute concerning the recovery of property and that the statute of limitations for initiating a lawsuit shall not apply.

Relevant legal provisions:

Clause 2, Article 155 of the Civil Code 2015.

Keywords of the case law:

“Service contract”; “Recovery of property”; “Non-application of the statute of limitations.”

Link for reading: CASELAW No 81/2025/AL

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