To be clear from the outset: no legal provision states “legal advisory emails must be kept for X years”. There is no direct statutory number — a sensible retention period is inferred from two sets of grounds: (1) the limitation periods of the dispute types in which the emails might serve as evidence; (2) sector-specific document archiving duties. This article explains that reasoning and gives recommended periods by matter type.
1. Emails are lawful evidence — but must be stored properly
Before discussing duration, the evidentiary value of email must be established:
- Emails are lawful evidence: Articles 94.1 and 95.3 of the Civil Procedure Code 2015 recognize electronic data messages (including emails) as sources of evidence, provided the message’s integrity is ensured.
- Storage conditions for electronic evidence: Article 13 of the Law on E-Transactions 2023 sets requirements for storing data messages — they must remain accessible, usable, and integrity-preserved in content. Edited emails, lost metadata or inaccessible archives may cast doubt on probative value.
- Consequence: retaining email is not just “keeping it” — it must be kept in a way that proves integrity when needed in court.
2. The inferred logic: emails should outlive the limitation period
Advisory emails only matter when a dispute arises — and disputes can only be brought within statutory limitation periods. A sensible minimum retention therefore tracks each dispute type’s limitation:
- Contract (civil) disputes: 03-year limitation (Civil Code Art. 429). Emails on contract interpretation or agreed amendments should be kept at least 03 years from when the right was infringed.
- Commercial disputes: 02-year limitation (Commercial Law Art. 319) — shorter than civil, though commercial emails often fall under longer accounting archiving duties (below).
- Labor disputes brought to court: 01-year limitation (Labor Code Arts. 190 and 194). Emails on discipline or employment termination should be kept at least past this mark.
Emphasis: this is practical inference — the law does not say “keep emails 03 years”; the 03-year limitation shows emails should survive at least that long to remain usable.
3. Sector archiving duties may extend the period
Some emails attach to documents subject to mandatory sector archiving:
- Accounting: Accounting Law Art. 41.5 requires accounting documents to be archived for 05 years, 10 years or permanently depending on type. Emails with vouchers or accounting-recognition discussions should follow this framework.
- General rule: where an email forms part of a mandatorily archived file, apply the longer of the applicable periods.
4. Practical recommendation table
- 05 years — pure advisory: general legal Q&A emails and opinions not tied to a specific transaction.
- 10 years — contract, tax and labor matters: emails tied to ongoing contracts, tax obligations or personnel decisions — the highest dispute-risk and sector-archiving group.
- Legal hold — when disputes loom: at the first sign of dispute (complaints, litigation threats, inspections), impose an evidence-preservation freeze: no deletion of related emails until the matter is fully closed, regardless of the 05/10-year marks.
The 05/10-year figures are practical recommendations, not direct statutory duties.
Frequently asked questions
Does the law require businesses to keep emails for a set number of years?
No direct rule exists. A sensible period is inferred from limitation periods and sector archiving duties (such as accounting).
Can deleted emails be recovered as evidence?
Very difficult and costly, with integrity doubts. Better to have a retention policy from the start than to rely on recovery.
Is keeping only “important” emails enough?
Risky — “importance” is only clear once a dispute exists. The safe policy is systematic archiving by category (the 05/10-year bands above), not selective judgment.
What is a legal hold, and when does it apply?
An internal order freezing deletion or alteration of documents related to a potential dispute, imposed at the first sign of trouble and maintained until the matter is fully closed.
Sources
- Civil Procedure Code 92/2015/QH13: Arts. 94.1, 95.3 (electronic data messages as evidence).
- Law on E-Transactions 20/2023/QH15, Art. 13 (conditions for storing data messages).
- Civil Code 91/2015/QH13, Art. 429 (03-year contract-dispute limitation); Commercial Law 36/2005/QH11, Art. 319 (02-year commercial limitation); Labor Code 45/2019/QH14, Arts. 190, 194 (01-year labor limitation).
- Accounting Law 88/2015/QH13, Art. 41.5 (accounting documents archived 05/10 years/permanently).
- The 05-year / 10-year / legal-hold recommendations are practical guidance, not statutory figures.
Need an electronic-evidence retention policy, governance for counsel correspondence, and a legal-hold mechanism when disputes arise? Reach us via the Contact page of FLAT Law Firm.
The legal content of this article is reviewed by FLAT’s AI Legal Council and submitted to the owner for approval; it is not an opinion of a licensed lawyer and does not replace legal advice for specific cases.
For reference only, not legal advice.