RESOLUTION

No. 746/2005/NQ-UBTVQH11 OF JANUARY 28, 2005 EXPLAINING POINT C, CLAUSE 2, ARTICLE 141 OF THE COMMERCIAL LAW

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001 of the 10th session of the Xth National Assembly;

Pursuant to the Law on Organization of the National Assembly and the Law on Promulgation of Legal Documents;

After considering the Government’s Report No. 06/CP-XDPL of January 21, 2005 explaining Point c, Clause 2, Article 241 of the Commercial Law and Report No. 1519a/UBKTNS of January 24, 2005 of the Standing Body of the National Assembly’s Economic and Budgetary Committee;

RESOLVES:

To explain Point c, Clause 2, Article 241 of the Commercial Law “c/ Three months from the date the breaching party must fulfill its contractual obligations, for complaints about other commercial acts, except for cases provided for in Clause 4, Article 170 of this Law” as follows:

For complaints about violations of other obligations in the performance of commercial acts, the time limit for lodging complaints shall be three months as from the date the breaching party must fulfill its contractual obligations, except for cases provided for in Clause 4, Article 170 of the Commercial Law. So , except for complaints about goods quantity prescribed at Point a, Clause 2 of Article 241 and complaints about goods specifications or quality prescribed at Point b, Clause 2 of Article 241, the time limit for lodging complaints about breaches of payment obligations, goods-delivery time limit and other breaches in goods sale and purchase, goods sale and purchase agency, commercial brokerage as well as other commercial acts prescribed in Article 45 of the Commercial Law shall be three months as from the date the breaching party must fulfill its contractual obligations, except for cases provided for in Clause 4, Article 170 of the Commercial Law.