Case Law Update: Commercial Contract Disputes 2025–2026

Contents

• 1. Overview of the precedent releases
• 2. Precedent 81/2025/AL: limitation on service-contract payment claims
• 3. Precedent 87/2026/AL: costs relating to secured assets
• 4. Practical impact on businesses
• 5. Immediate action items
• 6. Frequently asked questions
• 7. Language versions
• 8. References

1. Overview of the precedent releases

In late 2025 and H1/2026, the Council of Justices of the Supreme People's Court published new precedents, including ones directly affecting commercial contract disputes — the most common dispute category for businesses. The two most notable:

• Precedent 81/2025/AL — service-contract disputes: characterizing payment claims and limitation issues.
• Precedent 87/2026/AL — payment priority of costs relating to secured assets.

Mastering these helps businesses forecast litigation odds more accurately and calibrate suing/negotiation strategy.

2. Precedent 81/2025/AL: limitation on service-contract payment claims

Facts: a service-contract dispute — one party rendered services, the other never paid. Legal issue: is the payment claim subject to the limitation period under clause 2, Article 155 of the 2015 Civil Code?

Holding: a claim for payment in this setting is characterized as a claim for recovery of property — which under clause 2, Article 155 is not subject to limitation. In other words: the service provider is not time-barred when claiming unpaid service fees.

Effective: published late 2025, applicable from 01/02/2026.

Practical meaning: it overturns the common belief that "debts older than 3 years are unrecoverable". Businesses with long-outstanding service receivables gain legal footing to sue — though full evidence of the service relationship and the debt remains essential.

3. Precedent 87/2026/AL: costs relating to secured assets

Facts: when secured assets are disposed of (e.g. a bank enforcing a mortgage), repair, upgrade and safekeeping costs arise during preservation and disposal. Question: where do these costs rank against secured obligations and other creditors?

Holding: clarifies the priority order for paying repair, upgrade and safekeeping costs of secured assets in the payment waterfall upon disposal.

Effective: published under Decision 162/QD-CA dated 29/5/2026.

Practical meaning: secured creditors (banks) and parties funding preservation need the priority order to model recovery. Grantors also need to know where costs incurred in disposing of their assets are deducted.

4. Practical impact on businesses

1. Review stale receivables: service-contract debts thought "time-barred" may be suable under Precedent 81/2025/AL — review the receivables ledger before writing debts off.
2. Litigation strategy: counsel should cite precedents in claims/briefs where facts are analogous — courts must study and apply published precedents.
3. Credit/security documentation: update clauses on preservation/disposal costs of secured assets per Precedent 87/2026/AL's priority order.
4. Settlement negotiation: new precedents are leverage — the side backed by precedent negotiates from strength.

5. Immediate action items

• ☐ Review the receivables ledger: list long-outstanding service debts, reassess suability under Precedent 81/2025/AL.
• ☐ Review live credit and security agreements: cross-check disposal-cost clauses against Precedent 87/2026/AL.
• ☐ Pending cases: supplement filings with the new precedents where facts are analogous.
• ☐ Update service-contract templates: payment, penalty and acceptance-evidence clauses — so any future claim starts from a "clean" file.

6. Frequently asked questions

What is Precedent 81/2025/AL about? Service-contract disputes: payment claims are characterized as property-recovery claims, not subject to limitation under clause 2, Article 155 of the 2015 Civil Code. Applicable from 01/02/2026.

What does Precedent 87/2026/AL resolve? Priority order for paying repair, upgrade and safekeeping costs of secured assets upon disposal. Published under Decision 162/QD-CA dated 29/5/2026.

Are precedents binding? Precedents published by the SPC's Council of Justices are studied and applied by courts. Businesses and counsel should master them to forecast outcomes.

Facing a contract dispute needing a win-probability assessment? Contact FLAT Law Firm.

7. Language versions

8. References

• Precedent No. 81/2025/AL (applicable from 01/02/2026) (Vietnam).
• Precedent No. 87/2026/AL (Decision 162/QD-CA dated 29/5/2026) (Vietnam).
• 2015 Civil Code, clause 2, Article 155.
• Content cross-checked at the time of writing (28/9/2026).