| THE JUDGES' COUNCIL OF THE SUPREME PEOPLE'S COURT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ------------ |
| No: 01/2003/NQ-HDTP | Hanoi, April 16, 2003 |
RESOLUTION
GUIDING THE APPLICATION OF LAW TO THE SETTLEMENT OF SOME TYPES OF CIVIL AS WELL AS MARRIAGE AND FAMILY DISPUTES
THE JUDGES' COUNCIL OF THE SUPREME PEOPLE'S COURT
Pursuant to the Law on Organization of the People's Courts;
In order to correctly and uniformly apply the law provisions to the settlement of civil as well as marriage and family disputes,
RESOLVES:
I. FOR DISPUTES OVER CIVIL CONTRACTS
1. Disputes over civil contracts with deposits
Under the provisions in Article 130 of the Civil Code, the agreement on deposit is a civil transaction; deposit, therefore, shall be valid only if it satisfies all conditions specified in Article 131 of the Civil Code and is made in writing (either in a separate document or inscribed in the principal contract). Where deposit-related disputes arise and the involved parties have no otherwise agreement on the handling of deposit, the handling shall be as follows:
a/ Where deposit is paid only to secure the entry into the contract or the performance of the contract or both, the party whose fault causes the non-entry or non-performance or invalidation of the contract shall have to pay a deposit fine under the provisions in Clause 2, Article 363 of the Civil Code.
