Under the applicable laws of Vietnam, only Civil
Code 2005 has the definition of force majeur (i.e. Article 161 of Civil Code
2005).
Article 161 of Civil Code 2005 regulate about
Time periods excluded from limitation periods for initiating legal action for
civil cases and from limitation periods for requesting resolution of civil
cases.
Under this article, the time period during which
one of the following events occurs shall be excluded from limitation periods
for initiating legal action for civil cases and from limitation periods for
requesting resolution of civil cases:
1. An event of force majeure or other objective
hindrance which renders the person with the right to initiate [legal action for
a civil case] or make the request not able to do so within the limitation
period.
An event of force majeure is an event which occurs
in an objective manner which is not able to be foreseen and which is not able
to be remedied by all possible necessary and admissible measures being taken.
An objective hindrance is a hindrance which in
an objective context results in a person with civil rights or obligations not
knowing that his or her lawful rights and interests have been infringed or not
being able to exercise his or her rights or fulfill his or her civil
obligations.
The obligation of defaulting party in case of force majeure:
Article 302.2 of Civil Code 2005 states
that where an obligor is not able to perform a civil obligation due to an event
of force majeure, it shall not have civil liability, unless
otherwise agreed or otherwise provided by law.
Article 161.1 of Civil Code 2005 defines that an
event of force majeure is an event which occurs in an objective manner which is
not able to be foreseen and which is not able to be remedied by all possible
necessary and admissible measures being taken.
An objective hindrance is a hindrance which in
an objective context results in a person with civil rights or obligations not
knowing that his or her lawful rights and interests have been infringed or not
being able to exercise his or her rights or fulfill his or her civil
obligations.
Article 294.1 of Commercial Law 2005 also
regulates that A defaulting party shall be immune from liability Upon
occurrence of an event of force majeure
Article 296.1 of Commercial Law 2005 regulate
further that Upon occurrence of an event of force majeure, the parties may
agree to extend the time-limit for performance of contractual obligations;
where the parties have no agreement or fail to reach additional period of time
equal to the duration of the event of force majeure and a reasonable amount of
time for remedying the consequences of such event.