Chapter V
INITIATION OF LEGAL ACTION, INSPECTION AND DEALING WITH BREACHES
Article 76. Initiation of legal action by beneficiary
1. After sending a notice that a negotiable instrument is dishonoured by non-acceptance or by non-payment of all or part of the sum of money stated in the negotiable instrument, the beneficiary shall have the right to initiate legal action in court against one, several or all of the related persons in order to claim payment of the sum stipulated in article 52 of this Law. The pleadings shall include a statement of claim and the negotiable instrument which was dishonoured by non-acceptance or by non-payment and the notice that the negotiable instrument was dishonoured by non-acceptance or by non-payment.
2. A beneficiary not presenting a negotiable instrument for payment within the period stipulated in articles 43 and 69 of this Law, or not sending notice that acceptance was refused or that payment was refused within the period stipulated in article 50 of this Law, shall lose the right to initiate legal action against all related persons, except the drawer, the accepter or the issuer and the guarantor of the drawee in the case where a bill of exchange has not been accepted.
Article 77. Initiation of legal action by related persons
Any related person against whom legal action is initiated pursuant to article 76 of this Law shall have the right to initiate legal action against the previous endorser, the issuer, the drawer or their guarantors in respect of any of the sums stipulated in article 52 of this Law as from the date of fulfilment of all payment obligations with respect to the negotiable instrument.
Article 78. Limitations of actions
1. A beneficiary shall have the right to initiate legal action against the drawer, the issuer, a guarantor, an endorser or an accepter of the request for payment of the sums stipulated in article 52 of this Law within three years from the date on which the negotiable instrument is dishonoured by non-acceptance or by non-payment.
2. Any related person against whom legal action is initiated pursuant to article 76 of this Law shall have the right to initiate legal action against the drawer, the issuer, the previous endorser, the guarantor or an accepter in respect of the sums stipulated in article 52 of this Law within two years from the date of fulfilment of the payment obligations in respect of the negotiable instrument.
3. Where a beneficiary does not present a negotiable instrument for payment on time in accordance with the provisions of articles 43 and 69 of this Law, or does not send notice that the negotiable instrument was dishonoured by non-acceptance or by non-payment within the period stipulated in article 50 of this Law, the beneficiary shall only have the right to initiate legal action against an accepter, the issuer, the drawer or the guarantor of the drawee within two years from the date of drawing and issuance of the negotiable instrument.
4. If, during the limitation periods stipulated in clauses 1, 2 and 3 of this article, there arises any event of force majeure or an objective impediment affecting the exercise of the right of the beneficiary and related persons to initiate legal action, the time period of such event of force majeure or objective impediment shall not be included in the limitation period for initiation of legal action.
Article 79. Settlement of disputes
1. Disputes in relation to negotiable instruments may be settled at a court or a commercial arbitration body.
2. People's courts of provinces or cities under central authority shall have jurisdiction to resolve disputes in relation to negotiable instruments. People's courts shall resolve disputes in relation to negotiable instruments independently from the transaction which is the basis for issuance of the negotiable instruments and shall only rely on the pleadings set out in article 76.1 of this Law. The procedures for resolution of disputes in relation to negotiable instruments at courts shall be performed in accordance with the provisions of the Civil Proceeding Code.
3. A commercial arbitration body shall have jurisdiction to resolve disputes in relation to negotiable instruments if the parties have agreed on the resolution of disputes by arbitration before or after occurrence of the disputes. The arbitration agreement and arbitration proceedings shall be performed in accordance with the provisions of the laws on arbitration.
Article 80. Inspection of implementation of provisions of the laws on negotiable instruments
1. The State Bank of Vietnam shall, depending on its responsibilities and powers, be obliged to inspect and examine the implementation of the provisions of the laws on negotiable instruments in negotiable instrument transactions related to banking activities.
2. Ministries and ministerial equivalent bodies shall, within on the scope of their respective responsibilities and powers, be obliged to directly inspect and examine or coordinate in inspecting and examining the implementation of the provisions of the laws on negotiable instruments in the sphere under their respective authority.
3. The Government shall specify the coordination in inspection referred to in this article.
Article 81. Dealing with breaches
1. Any individual in breach of the provisions of this Law shall, depending on the nature and seriousness of the breach, be subject to administrative penalty or prosecution for criminal liability; and, if such breach causes loss, shall be liable to pay compensation in accordance with law.
2. Any organization in breach of the provisions of this Law shall, depending on the nature and seriousness of the breach, be subject to administrative penalty; and, if such breach causes loss, shall be liable to pay compensation in accordance with law.
Tìm kiếm
Luật Các công cụ chuyển nhượng 2005 (Bản Word)
