Is parking card a contract for bailment of property in Vietnam?

Is parking card a contract for bailment of property in Vietnam?

Pursuant to Article 554 of the Civil Code in 2015 stipulating contracts for bailment of property as follows:

Contract for bailment of property means an agreement between parties whereby a bailee accepts the property of a bailor for safekeeping, for return to the bailor upon expiry of the duration of the contract, and the bailor must pay a fee to the bailee, except where the bailment is free of charge.

Pursuant to Article 116 of the Civil Code in 2015 stipulating civil transactions as follows:

Civil transaction is a contract or a unilateral legal act which gives rise to, changes or terminates civil rights and/or obligations.

Pursuant to Article 119 of the Civil Code in 2015 stipulating forms of civil transactions as follows:

1. A civil transaction shall be expressed verbally, in writing, or through specific acts.

Civil transactions by way of electronic means in form of data messages prescribed in law on electronic transactions shall be deemed to be written civil transactions.

2. In cases where it is provided for by law that a civil transaction must be expressed in writing, notarized, authenticated, registered or permitted, such provisions must be complied with.

As regulations above, a contract is a civil transanction. A civil transaction shall be expressed verbally, in writing, or through specific acts. Parking card is considered a specific act of a civil transaction. Therefore, parking card is a contract for bailment of property in Vietnam.

In Vietnam: Does contract for bailment of vehicle include bailment of helmet?

Pursuant to Article 557 of the Civil Code in 2015 stipulating obligation of bailees of property as follows:

1. Take care of the property as agreed and return it to the bailor in the same condition in which the bailee received it.

2. Change the method for safekeeping of the property only where such change is necessary for better safekeeping of such property and provided that the bailor is notified immediately of the change.

3. Notify promptly the bailor in writing and request the bailor to advise, within a certain period of time, a solution where, due to its nature, the bailed property is in danger of being damaged or destroyed. If the bailor fails to reply within such period of time, the bailee has the right to take all necessary measures to take care of the property and to require the bailee to reimburse the costs incurred.

4. Compensate for damage where the bailee causes any loss of or damage to the bailed property, except in the case of an event of force majeure.

As regulations above, contract for bailment of vehicle includes bailment of helmet.

What are regulations on payment of fees regarding contract for bailment of property in Vietnam?

Pursuant to Article 561 of the Civil Code in 2015 stipulating payment of fees as follows:

1. A bailor must pay bailment fees in full when taking back the bailed property, unless otherwise agreed.

2. Where the parties have no agreement on the rate of bailment fees, the applicable rate shall be the average rate of bailment fees at the time when and place where the bailment fee is paid.

3. Notwithstanding that the bailor takes back the property prior to the agreed time, the bailor must pay the bailment fees in full and must pay the necessary costs which the bailee incurs due to the return of the property by the bailee prior to the agreed time, unless otherwise agreed.

4. Where a bailee requests a bailor to take back the property prior to the agreed time, the bailee shall not be entitled to be paid bailment fees and must compensate for any damage to the bailor, unless otherwise agreed.

Above are regulations on payment of fees regarding contract for bailment of property in Vietnam.

Best regards!