When is it permissible to cancel a contract for gifting land use rights in Vietnam? What are judgments related to this offense?

When is it permissible to cancel a contract for gifting land use rights in Vietnam?

According to Article 423 of the Vietnam Civil Code 2015, a party has the right to cancel a contract for the gifting land use rights and is not liable for damages in the following cases:

- The other party breaches the contract under conditions for cancellation which the parties have agreed upon;

- The other party seriously breaches contractual obligations;

- Other cases prescribed by law.

Among these, the following are additional cases where a contract for the gifting land use rights may be canceled:

(1) Cancellation due to delayed performance (Article 424 of the Vietnam Civil Code 2015)

- If the obligor fails to perform obligations correctly and the obligee demands performance within a reasonable period but the obligor still fails to perform, the obligee may cancel the contract.

- If the nature of the contract or parties' intent implies that it would be pointless to achieve the contract's purpose if not performed within a certain time frame, and the obligor does not fulfill the duties within that period, the other party has the right to cancel the contract.

(2) Cancellation due to impossibility of performance (Article 425 of the Vietnam Civil Code 2015)

If the obligor is unable to perform a part or all of their obligations, rendering the obligee's objectives unattainable, the obligee may cancel the contract and claim damages.

What are judgments on requesting cancellation of a contract for gifting land use rights in Vietnam?

Below are some judgments on requesting cancellation of a contract for gifting land use rights:

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