06/10/2022 16:16

Summary of judgments on dispute over deposit contract in Vietnam

Summary of judgments on dispute over deposit contract in Vietnam

A deposit means the fact that one party (referred to as the depositor) hands over to the deposit recipient an amount of money; precious metals, precious stones; or other valuables (collectively referred to as deposit properties) for a period of time to secure the conclusion or performance of the contract. The conclusion of the deposit contract is agreed upon by the parties themselves and is not contrary to the provisions of Vietnamese law. However, in practice, when entering into a contract, due to unforeseen risks, the parties often do not clearly specify each item in the contract, leading to disputes that need to be resolved by the Court.

Below is a summary of some judgments on disputes over deposit contracts that have been tried in practice.

1. Decision on dispute over deposit contract No. 36/2021/DSST 

- Level of trial: First instance

- Judicial body: People's Court of Buon Don district, Dak Lak province

- Summary: Ms. T agreed to transfer the land plot to Mr. L. The two parties signed a deposit contract with the following content: Mr. L gave Ms. T an amount of VND 50,000,000 to ensure the signing of a contract for the transfer of a land plot with an area of 681.1m2 in commune E with a transfer price of VND 460,000,000. All transfer procedures for Ms. T must be taken care of. The deposit period is 10 days from 11/10/2020. Since receiving the deposit, Ms. T has not fulfilled her obligation to carry out the procedures for transferring the land plot to Mr. L. Although Mr. L has brought money in full and contacted Ms. T many times, she deliberately avoided it. failure to perform obligations under the contract agreed by the parties. Mr. L filed a lawsuit to ask the court to force Ms. Le Thi Kim T to sign a contract to transfer the land use rights and hand over the land to him or to return the deposit of VND 50,000,000 and pay a fine of 50,000,000 VND.

- Court's decision: Accepting the petition of plaintiff Mr. L. Mr. L forces Ms. T to return to Mr. L the deposit amount of VND 50,000,000 and a fine of VND 50,000,000.

2. Judgment on disputes over deposit contract No. 08/2022/DSST

- Level of trial: First instance

- Judicial body: People's Court of Hoa Vang district, Da Nang city

- Summary: Ms. T. has an agreement to buy land from Mr. Tr. She made a deposit of VND 50,000,000. Mr. Tr wrote a deposit receipt and promised 60 days to release the book and transfer the name to Ms. T. If not, the deposit would be doubled. After that, Mr. Tr asked for a written extension of 2 months to complete the issuance of the red book for the land plot because of the first outbreak of COVID in Vietnam. Mr. Tr continued to ask for more time for 2 weeks due to the impact of the 2nd COVID epidemic. Through her research, Ms. T learned that the plot of land she had deposited to buy, Mr. Le Dinh Tr, had offered to sell and received deposits from many other people. Mrs. T refused to buy the plot of land, asking Mr. and Mrs. Tr to return the money, but Mr. Tr has not yet paid. Ms. T filed a lawsuit asking Mr. Tr to return the deposit amount of VND 50,000,000 and pay a fine of VND 50,000,000.

- Court's decision: forcing Mr. Le Dinh Tr to be obliged to pay Ms. Chau Thi Ha T the amount of VND 50,000,000. Suspension of the trial for the part of the request for a deposit penalty.

3. Judgment on disputes over deposit contract No. 14/2022/DSST

- Level of trial: First instance

- Judicial body: People's Court of Hiep Hoa district, Bac Giang province

- Summary: Ms. C has an agreement to buy from Mr. and Mrs. Nguyen Van T a land plot of 112 m2. The transfer price is VND 570,000,000. In total, she made a deposit for Mr. T with an amount of VND 130,000,000. The two parties made a deposit contract, including an agreement that the deposit period was 60 days. She paid the remaining amount and Mr. T handed over land use rights documents. If you do not accept the transfer, the deposit will be forfeited. If Mr. T does not transfer, he will have to pay her 130,000,000 VND in deposit and pay a fine of 200,000,000 VND. When the contract is due, Mr. T does not separate the books to transfer the land use rights to her. Therefore, she now sues to ask Mr. T and his wife to pay her a deposit of 130,000,000 VND and a deposit penalty of 200,000,000 VND.

- Court's decision: accepting the petition of Ms. Ta Thi Kim C.

4. Judgment on dispute over deposit contract No. 146/2021/DS-PT

- Level of trial: Appellate

- Judicial body: People's Court of Dak Lak province

- Summary: Mr. Nguyen Thanh H has a deposit of 400,000,000 VND for Mr. Nguyen Minh TR and Ms. Huynh Thi H1 to buy 02 Thaco sleeper cars with 02 fixed account notes and 02 phone numbers, and a sublease house under the ownership of bus station N with a total amount of VND 6,570,000,000. When making a deposit, Mr. H, Mr. TR, and Mrs. H1 have committed to handing over and agreeing to the above. However, until now, Mr. TR and H1 deliberately did not hand over the 02 cars with the same agreements as mentioned, although Mr. H had repeatedly contacted and urged Therefore, Mr. H filed a lawsuit asking the court to force Mr. TR and Mrs. H1 to return the deposit of 400,000,000 VND and add another 400,000,000 VND as a deposit penalty.

- Court's decision: forcing Mr. Nguyen Minh TR and Ms. Huynh Thi H1 to be responsible for returning to Mr. Nguyen Thanh H the received deposit amount of VND 400,000,000

5. Judgment on dispute over deposit contract No. 55/2022/DS-PT

- Level of trial: Appellate

- Judicial body: People's C                                                                                                                                                                                                                                                    ourt of Dong Nai province

- Summary: Ms. Nguyen Xuan Th has an agreement to receive the transfer of Mr. and Mrs. Nguyen Dinh Ph and Mrs. Pham Thi Cam T with an area of 304,616 m2. The two parties have made a deposit contract and it is notarized at the T. According to the deposit contract, Party A (Deposit Party) makes a deposit to Party B (Deposit Receiver) in cash. The remaining amount will be paid by Mrs. Th when Mr. and Mrs. T complete the procedures for separating the plot, are eligible for the transfer, and sign the transfer contract. There were problems in the process of completing the procedures for separating the plot for transfer, so the two sides had to agree again. While the two sides were negotiating the area and the price, Mr. and Mrs. T completed the procedure to donate the above land to their daughter. Thus, Mr. and Mrs. P violated the agreement. Therefore, Ms. Th asked Mr. and Mrs. Ph to return the deposit amount of 660,000,000 VND to her and compensate twice the deposit amount of 1,320,000,000 VND as agreed upon in the contract.

- Court's decision: To cancel the first-instance judgment for re-trial.

Phuong Uyen
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