Collection of judgments on disputes involving deposit contracts for the transfer of land use rights in Vietnam

Below are some judgments on the dispute over the deposit contract for land use right transfer.

1. Judgment on dispute over deposit contract for land use right transfer No. 09/2022/DS-PT

- Judicial body: People's Court of Binh Thuan province

- Quote from the content: "Deposit is to secure the conclusion or performance of a contract, the law does not prohibit a person who is not the property owner to sign a deposit contract. On the other hand, in this case, Mr. U actually received the land transfer from Mr. T and Mrs. L after signing the deposit contract, although the land has not been transferred to Mr. U's name. However, Mr. U still ensured the contract signing, specifically that Mr. A received the transfer and registered the change to the name of the land plot with an area of 1,186 m2 on November 20, 2019. For a land plot with an area of 600 m2 that has not been issued with a certificate, according to the deposit contract, the two parties agree that when Mr. U's side has completed the legal procedures (issuing books) for Mr. A, Mr. A will transfer the remaining amount of VND 1,000,000,000 to Mr. U. Considering this agreement is not illegal, and by the time the plaintiff files a lawsuit against the defendant, the plaintiff has not violated this agreement. On the other hand, at the trial, Mr. A admitted that signing a deposit contract with Mr. U was completely voluntary. When he signed the deposit contract, Mr. A knew the legal status of the land plots. Therefore, the fact that Mr. A thinks that Mr. U was not the legal owner of the land plots, so he was not entitled to sign a deposit contract, and he proposed to declare the deposit contract invalid, The first-instance court's refusal to accept Mr. A's counterclaim is completely grounded."

2. Judgment on dispute over the deposit contract for land use rights transfer No. 131/2021/DS-PT

- Judicial body: People's Court of Binh Duong province

- Quote from the content: "Mrs T said that when agreeing to transfer, the two parties negotiate the transfer value calculated according to the actual measured area. However, when the actual measurement of the land area must be subtracted from the corridor area, Ms. T asked Mr. T to reduce the price, but Mr. T did not agree. At the same time, when conducting the measurement, Ms. T discovered that the person named on the land use rights certificate for the two transferred land parts is Ms. Pham Thi Thanh L, the biological daughter of Mr. T, not Mr. T. .'

3. Judgment 17/2021/DS-ST dated March 19, 2021 on deposit contract for land use right transfer

- Judicial body: People's Court of T District

- Quote from the content: "Mr. P and Ms. T have written to request the Court to postpone the trial, suspend the trial, and terminate the case on the grounds that Mr. P is mentally ill. However, the fact that Mr. M and Mrs. M forced Mr. P to sign a deposit contract to sell the house and land for an amount of VND 150,000,000 for the land plot of 1,131 sheets of map number 3, an area of 90.3 m2 of ONT land located in Hamlet. 7, commune N, district T, and province L, is against the law. In fact, Mr. P only borrowed money from Mr. M and Mrs. M for an amount of VND 50,000,000. On January 13, 2021, the Court informed Mr. Vo Tan P and Ms. Le Thi T to provide documents proving that the transaction between Mr. M, Ms. M, and Mr. P was a loan transaction; The court's decision declares Mr. P as a person with limited civil act capacity and loss of civil act capacity, or those who have difficulty in cognition and behavior control, but Mr. P and Ms. T do not provide them by the time limit.

4. Judgment 285/2020/DS-PT dated November 6, 2020 on the dispute over the deposit contract for the transfer of land use rights

- Judicial body: People's Court of Binh Duong province

- Quoting the content: "On August 8, 2018, Ms. L refused to enter into and perform a land use right transfer contract with Mr. C. Ms. L claimed that she had a phone call to ask Mr. C to notarize the signing of the contract for the transfer of land use rights. However, Mr. C stated during the phone call that he no longer purchases land, and Mr. C did not admit this, despite the fact that Ms. L could not provide any other evidence.Because Ms. L refused to enter into a land use right transfer contract, on 11/07/2018, Mr. C filed a lawsuit against Ms. L with the Court to request that the deposit recipient, Ms. L, who refused to enter into and perform the contract, pay the depositor an amount of VND 100,000,000."

5. Judgment 1007/2019/DS-PT dated November 11, 2019 on dispute over deposit contract for land use right transfer

- Judicial body: People's Court of Binh Duong province

- Quote from the content: "Because both parties know that the transferred land is agricultural land, but still proceed with the transfer, the two parties are equally at fault in performing the above-mentioned land use right transfer deposit transaction when the transaction is invalidated. Neither party is responsible for compensating the other party, but it is necessary to force the two parties to restore the original condition and return to each other what they have received. The first-instance court did not determine that the aforesaid deposit contract was invalid, as a basis for canceling the deposit contract and resolving the consequences of the invalid civil transaction was incorrect.

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