2. Judgment
  3. What are the penalties when the recipient of a deposit breaches the contract according to the law in Vietnam? What are some judgments related to this case?
08/10/2024 08:31

What are the penalties when the recipient of a deposit breaches the contract according to the law in Vietnam? What are some judgments related to this case?

What are the penalties when the recipient of a deposit breaches the contract according to the law in Vietnam? What are some judgments related to this case?

What are the penalties if the deposit recipient violates obligations, refuses to enter into or perform the contract? What are disputes over deposit contracts adjudicated in practice in Vietnam?

1. What are the penalties when the recipient of a deposit breaches the contract according to the law in Vietnam?

According to Article 328 of the Civil Code 2015, the regulations for deposit are as follows:

- Deposit is when one party (hereinafter referred to as the depositor) delivers to the other party (hereinafter referred to as the depositary) a sum of money, precious metal, gemstone, or other valuable assets (hereinafter collectively referred to as the deposit property) for a specific period to ensure the conclusion or execution of a contract.

- In cases where the contract is concluded and executed, the deposit property is returned to the depositor or deducted towards fulfilling the monetary obligation; if the depositor refuses to conclude or execute the contract, the deposit property belongs to the depositary; if the depositary refuses to conclude or execute the contract, they must return the deposit property to the depositor and pay an amount equivalent to the value of the deposit property, unless there is another agreement.

Thus, if the depositary refuses to conclude or execute the contract, they must return the deposit property to the depositor and pay an amount equivalent to the value of the deposit property, unless there is another agreement.

2. What are some judgments related to deposit contract disputes in Vietnam?

No. Judgment Title Court Judgment Date
1 Judgment 17/2024/DS-PT on deposit contract dispute (deposit to buy a house) People's Court of Bac Ninh Province January 19, 2024
2 Judgment on deposit contract dispute (cancellation of deposit contract) number 05/2022/DS-PT People's Court of Lam Dong Province January 10, 2022
3 Judgment on deposit contract dispute (deposit transfer of shares) number 91/2019/DS-PT People's Court of City H January 25, 2019
4 Judgment 289/2023/DS-PT on deposit contract dispute (transfer of land use rights) People's Court of Dak Lak Province September 5, 2023
5 Judgment on the dispute requiring cancellation of the deposit contract and claiming back the deposit money number 11/2022/DS-PT People's Court of Lam Dong Province February 22, 2022
6 Judgment 617/2021/DS-PT on deposit contract dispute People's Court of Ho Chi Minh City November 23, 2021
7 Judgment 06/2020/DS-ST dated August 13, 2020, on claiming back the deposit money and compensation due to breach of deposit obligation People's Court of district-level town Duyen Hai, Tra Vinh Province August 13, 2020
8 Judgment 128/2022/DS-PT on deposit contract dispute, cancellation of deposit contract, and declaration of civil transaction invalidity People's Court of Lam Dong Province September 22, 2022
9 Judgment 59/2022/DS-ST on deposit dispute People's Court of Chau Thanh District, Long An Province August 29, 2022
10 Judgment 06/2023/DS-ST on deposit dispute People's Court of Quang Tr Province April 17, 2023
11 Judgment on deposit dispute number 143/2021/DS-ST People's Court of Thoi Lai District, Can Tho City November 10, 2021
12 Judgment on deposit dispute number 03/2022/DS-ST People's Court of City T, Province L February 23, 2022
13 Judgment on deposit contract number 28/2022/DS-PT People's Court of An Giang Province February 15, 2022
14 Judgment 05/2023/DS-PT on deposit dispute People's Court of Binh Dinh Province January 12, 2023
15 Judgment 17/2023/DS-PT on deposit contract People's Court of Quang Tri Province February 14, 2023
16 Judgment 05/2023/DS-PT on deposit dispute People's Court of Binh Dinh Province January 12, 2023
17 Judgment on deposit contract number 28/2022/DS-PT People's Court of An Giang Province February 15, 2022
18 Judgment 52/2022/DSST on deposit contract dispute People's Court of Tuy Hoa City, Phu Yen Province July 4, 2022
19 Judgment 06/2020/DSST on deposit contract dispute People's Court of Long Ho District, Vinh Long Province February 10, 2020
20 Judgment on deposit contract dispute number 46/2022/DSPT People's Court of Bac Ninh Province June 21, 2022
21 Judgment on deposit contract dispute number 06/2022/DSST People's Court of Trieu Phong District, Quang Tri Province May 11, 2022
22 Judgment on deposit contract dispute 57/2022/DS-PT People's Court of Can Tho City March 21, 2022
23 Judgment on deposit contract dispute number 14/2022/DSST People's Court of Hiep Hoa District, Bac Giang Province March 15, 2022
24 Judgment 103/2022/DSPT on deposit contract dispute People's Court of Dak Lak Province June 3, 2022
25 Judgment on deposit contract dispute number 27/2022/DSST People's Court of Tay Ninh City April 19, 2022
26 Judgment on deposit contract dispute number 08/2022/DSST People's Court of Hoa Vang District, Da Nang City March 11, 2022
27 Judgment on deposit contract dispute number 03/2022/DS-PT People's Court of Lai Chau Province April 26, 2022
28 Judgment on deposit contract dispute number 03/2021/DSST People's Court of Trang Bom District, Dong Nai Province April 28, 2021
29 Judgment 28/2024/DS-PT on deposit contract dispute People's Court of Province D January 29, 2024
30 Judgment on deposit contract dispute number 60/2022/DSPT People's Court of Bac Ninh Province August 19, 2022
31 Judgment 52/2022/DSST on deposit contract dispute People's Court of Tuy Hoa City, Phu Yen Province July 4, 2022
  • - This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
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