Is it legal to make a conditional gift contract when giving a gift to my lover in Vietnam?

Is it legal to make a conditional gift contract when giving a gift to my lover in Vietnam?

In Article 462 of the 2015 Civil Code, there are regulations on conditional gifts of property as follows:

1. A giver may require a recipient to perform one or several civil obligations prior to or after the giving of a gift. The conditions for giving a gift must not contravene the law or social morals.

2. Where a recipient performs an obligation required to be performed as a condition to the giving of a gift and the giver fails to deliver the gift, the giver must pay for the obligation already performed by the recipient.

3. Where a recipient fails to perform an obligation required to be performed after the giving of a gift, the giver may reclaim the gift and demand compensation for damage.

Based on current regulations in Vietnam, you can absolutely make a gift contract with the condition that after parting, you must return the property. Besides, the donation conditions must not violate the law's prohibitions or be contrary to social ethics.

When does the motorbike donation contract take effect in Vietnam?

In Article 458 of the 2015 Civil Code, there are regulations on gifts of moveable property as follows:

1. A contract for a gift of moveable property shall take effect when the recipient accepts the property, unless otherwise agreed.

2. Where the law requires the ownership rights with respect to such moveable property to be registered, the contract shall take effect from the time of registration.

According to this Article, motorbikes are assets with registered ownership. Therefore, the motorbike donation contract will take effect from the time of registration with the state agency in Vietnam.

Is it legal to make a conditional gift contract when giving a gift to my lover in Vietnam? (Image from the Internet)

What are regulations on general transaction conditions in contract conclusion in Vietnam?

In Article 406 of the 2015 Civil Code, there are regulations on general trading conditions in concluding contracts as follows:

1. General trading conditions are stable terms announced by a party to apply to the offeree; if the offeree accepts the contract is then deemed to accept these terms.

2. General trading conditions shall be effective only with the parties as long as these conditions have been publicly in order for the parties to know or should know them.

The procedures for announcement of general trading conditions shall comply with regulations of law.

3. The general trading conditions must ensure equality between the parties. If the general trading conditions contain provisions on discharge of liability from the party giving the general trading conditions, increase of responsibility or removal of the legitimate interests of the other party, these provisions do not take effect, unless otherwise agreed.

Thus, to enter into a contract in Vietnam, it is necessary to meet the conditions as prescribed above.

In what cases will a civil contract be invalidated in Vietnam?

In Article 407 of the 2015 Civil Code, there are provisions on invalid civil contracts as follows:

1. The provisions on invalid civil transactions in Articles 123 to 138 inclusive of this Code shall also govern invalid contracts.

2. Invalidity of a principal contract shall terminate an ancillary contract, unless the parties agree that the ancillary contract replaces the principal contract. This provision shall not apply with respect to security for the performance of civil obligations.

3. Invalidity of an ancillary contract shall not terminate the principal contract, unless the parties agree that the ancillary contract is an inseparable part of the principal contract.

According to this Article, civil contracts in Vietnam will be invalid in the cases listed above.

Best regards!