07/10/2022 10:09

05 Judgment on deposit contract dispute and deposit penalty in Vietnam

05 Judgment on deposit contract dispute and deposit penalty in Vietnam

Currently, in order to ensure the performance of the contract as desired by the requesting party, the parties often sign a deposit contract. The Civil Code 2015 of Vietnam has provisions for deposits and the Judges' Council of the People's Court also promulgated Resolution 01/2003/NQ-HDTP to guide the settlement of civil contract disputes with deposits. However, in practice, dispute resolution is not simple.

Below, is a summary of 05 judgments on deposit contract disputes and deposit penalties for breach of contract, please refer to:

1. Judgment 07/2018/DS-ST dated 04/10/2018 on deposit contract dispute and deposit penal

- Level of trial: First instance

- Judicial body: People's Court of Ninh Hai district, Ninh Thuan province

- Quoting the content: "According to the agreement in the "House Sale Paper" and the deposit contracts as well as through the testimony of the plaintiff Mr. Dao Duy D, the defendant is Mr. Tu Anh D, Mr. Tu Anh, and his wife D – Ms. Truong Thi T has received a deposit of 300,000,000 VND but did not transfer 86.63 m2 of land in parcel 174, Ba Bon QH map sheet to Mr. and Mrs. Dao Duy D - Ms. Tran Thi Xuan T because now this land plot, Mr. D and Mrs. T have transferred it to another person. Thus, the fault for making the contract void belongs to the respondent, Mr. D - Ms. T. Clause 2, Article 358 of the 2005 Civil Code of Vietnam stipulates that “… If the deposit recipient refuses to actually enter into the contract, In the performance of a civil contract, the depositor must pay the depositor the property deposit and an amount equivalent to the value of the deposited property, unless otherwise agreed.”… Therefore, the Trial Panel based on Clause 2 of Article 2. 358 of the 2005 Civil Code, accepting Mr. Dao Duy D's lawsuit claim against Ms. Truong Thi T and her husband Tu Anh D. Forcing Ms. T and Mr. D to pay Mr. Dao Duy D and Mr. Ms. Tran Thi Xuan T the deposit amount is 300,000,000 VND and the deposit penalty is 300,000,000 VND.”

2. Judgment 13/2019/DS-ST dated 19/04/2019 on the lawsuit demanding deposit and asking for deposit penalty

- Level of trial: First instance

- Judicial body: People's Court of P city, Gia Lai province

- Quoting the content: "The petition and the process of settling the case and at the trial, the plaintiff requested the defendant to pay a deposit of 150,000,000 VND. Ms. Truong Cam V's request is grounded, in accordance with the provisions of the law, and should be accepted because: according to the above assessment, Mr. Nguyen Hong T received a deposit and pledged to pay a deposit of 5 times more if violating the law. breach of obligation; Mr. Nguyen Hong T has violated the obligations of the party receiving the deposit, so Nguyen Hong T has to pay a deposit of 5 times as much as 30,000,000 VND x 5 = 150,000,000 VND.”

3. Judgment on dispute requiring deposit payment and deposit penalty on house purchase and sale contract No. 03/2018/DS-PT

- Level of trial: Appellate

- Judicial body: People's Court of Gia Lai province

- Quoting the content: "The comments show that the parties agreed to make a deposit on January 3, 2017 to sign and perform the house and land transfer contract within 30 days, but on January 9. In 2017, Ms. T transferred her house and land on C Street, Group 4, Ward H, City P, Gia Lai Province to another person, violating the agreement on deposit with Ms. V. The Court of First Instance approved receiving the plaintiff's petition, forcing Ms. T to pay the plaintiff a deposit of VND 50,000,000 and a fine of VND 50,000,000 is grounded, in accordance with the provisions of Clause 2, Article 328 of the Code. 2015 and Article 5 of the 2015 Civil Code.”

4. Judgment on deposit contract dispute No. 214/2021/DS-PT

- Level of trial: Appellate

- Judicial body: People's Court of Tay Nu province

- Quoting the content: "On October 28, 2020, Ms. M and Mr. K agreed that if there is something wrong with the contract, the seller must compensate the buyer twice the deposit amount. The plaintiff's representative said that on November 1, 2020, the two sides further satisfied "If Mr. K is wrong, he will be fined 05 times the deposit". Mr. K did not admit it and said that on November 1, 2020, he received an additional deposit of 30,000,000 VND from Ms. M, totaling 40,000,000 VND, and there was no other agreement. In the money delivery note dated November 1, 2020, it is not shown that the two parties renegotiate the deposit penalty or agree to pay an additional deposit of 5 times. On the other hand, Ms. M and Mr. K admitted that the contract was made only 1 copy, which was kept by Ms. M. Mr. K believes that Ms. M wrote the last sentence in the hand-delivery note dated November 1, 2020 "If I am wrong, I will be fined 5 times the deposit" is reasonable.

5. Judgment 29/2018/DS-PT dated 18/04/2018 on the deposit contract dispute

- Level of trial: Appellate

- Judicial body: People's Court of Da Nang city

- Quoting the content: "Mrs. Phan Thi H has delivered and Ms. Luong Anh T has received 04 times with a total deposit of VND 370,000,000 specifically: The first time on October 23, 2015 the amount of VND 100,000,000 ( a hundred million dong); The second time on October 24, 2015 amount of VND 100,000,000 (one hundred million VND); The third time on October 27, 2015 the amount of VND 100,000,000 (one hundred million VND); The 4th time on October 28, 2015 the amount of VND 70,000,000 (seventy million VND). However, up to now, the transfer between the parties has not been done, so Ms. Phan Thi H filed a lawsuit to ask the Court to force Ms. Luong Anh T to return to Ms. Phan Thi H the received amount of VND 370,000,000 and a deposit. is 370,000,000 VND.”

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Nhu Y
19


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