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The Supreme People's Court of Vietnam: Benchbook Online

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4.2.2. Resolving disputes related to a valid housing purchase contract


The Judge must collect evidence to determine rights and obligations of the parties in accordance with law and the Contract.

Related legal documents
  • Civil Code 2005 (Articles 451, 452, 453 and 454)
  • Resolution No. 58/1998/NQ-UBTVQH10 (Article 5)
  • Inter-Circular No. 01/1999/TTLN (Article 3 of Section III)

  • Main tasks and practical skills:

    • For each type of housing purchase contracts signed in each period, the Judge must apply respective laws in force related to contracts in general and housing purchase contracts in particular, in order to determine rights and obligations of the buyer and seller of the house.
    • As for a valid contract, a mutual agreement of the parties (in addition to other lawful rights and obligations) shall be legally binding and creating lawful rights and obligations of the parties. For example, the Contract may stipulate a specific time for each instalment and one party shall have the right to revoke the Contract if there occurs a breach.
    • Due to the fact that rights and obligations of the parties are described in the contract, the written contract and other documents amending and supplementing the contract should be gathered.