If the delivery is too early, can I reject the goods in Vietnam?
If the delivery is too early, can I reject the goods in Vietnam? My name is Quan, 32 years old working in aquaculture. Recently, I ordered Mr. Giang 1 ton of fish food and promised to receive the goods in early December. However, 1 week before, Mr. Giang had delivered the goods to me. Due to lack of space, I rented a place urgently and lost 15 million for that empty warehouse. Is it true that Mr. Giang delivered so early? Can I reject the goods if delivered early?
If the delivery is too early, can I reject the goods in Vietnam?
Pursuant to Article 37 of the 2005 Commercial Law, time limit for delivery of goods is as follows:
1. The seller must deliver goods at the time already agreed upon in the contract;
2. Where only the time limit for delivery of goods is agreed upon without a specific time for delivery of goods, the seller may deliver goods at any time within such time limit and must notify the purchaser of the delivery in advance;
3. Where there is no agreement on the time limit for delivery of goods, the seller must deliver goods within a reasonable time limit after the contract is entered into.
Article 38 of the 2005 Commercial Law also provides for delivery of goods before the agreed time as follows:
Where the seller delivers goods earlier than the agreed time, the purchaser may receive or reject the goods, unless otherwise agreed upon by the parties.
In addition, Article 292 of the 2005 Commercial Law stipulates types of commercial remedies:
1. Specific performance of contracts.
2. Fines for breaches.
3. Forcible payment of damages.
4. Suspension of performance of contracts.
5. Stoppage of performance of contracts.
6. Cancellation of contracts.
7. Other remedies agreed upon by involved parties which are not contrary to the fundamental principles of Vietnamese law, treaties to which the Socialist Republic of Vietnam is a contracting party and international commercial practices.
Thus, according to current regulations in Vietnam, comparing with the case you mentioned, Mr. Giang's delivery of goods to you 1 week earlier than the agreed time. You can refuse to receive the goods at that time and hold Mr. Giang responsible for the goods until the agreed time in the contract.
In the event that early delivery causes damage to you, you can also claim extra-contractual compensation for the damage you suffered as a result of early delivery.
However, you can actually take delivery as well if there is no damage to the delivery or you and Mr. Giang have an additional agreement on early delivery.
Best regards!
