[FREE LEGAL ADVICE]
QUESTION:
On June 4th, I went to see Binh Phuoc land and buy land. That company agreed with me that on June 5, if I checked my CIC but got bad debt and couldn't get a bank loan, I would return the deposit to me. So far, I have asked them for a deposit back but they ignored me and didn't want to return it. Please help me with a lawyer

ANSWER:
Hello, thank you for sending a question to MEDLAW, based on the information you provided, MEDLAW advises as follows:

Pursuant to the provisions on deposit in Clause 1, Article 328 of the Civil Code 2015, a deposit is considered a measure to secure the conclusion or performance of a contract. And in Clause 2 of this Article, in case the party receiving the deposit (land owner) refuses to perform the contract, they do not deliver the land to you, it must return the deposit you gave them. However, if the two parties have another agreement on the return of the deposit and the compensation amount, priority will be given to implementation according to the agreement of the two parties.

Therefore, in this case, to ensure your legitimate rights and interests when the landowner does not return the deposit, you can file a petition to the district-level People's Court where the seller resides to claim handle. When making an application, you need to provide proofs that your purchase and sale transaction and deposit actually exist such as: notarized land purchase and sale contract, authentication, witnesses, deposit contract, … for the Court to have grounds for settlement.

Therefore, in this case, to ensure your legitimate rights and interests when the landowner does not return the deposit, you can file a petition to the district-level People's Court where the seller resides to claim handle. When making an application, you need to provide proofs that your purchase and sale transaction and deposit actually exist such as: notarized land purchase and sale contract, authentication, witnesses, deposit contract, … for the Court to have grounds for settlement.

Specifically, the legal basis for your case is as follows:
According to the provisions of Article 328 of the Civil Code 2015, supplemented and amended in 2017 on Deposits:
1. Deposit is when one party (hereinafter referred to as depositor) hands over to another party (hereinafter referred to as deposit receiver) a sum of money or precious metals, gems or other valuables (hereinafter referred to as "deposit"). collectively referred to as the deposit property) for a period of time to secure the conclusion or performance of the contract.

2. Where a contract is entered into or performed, the deposit property shall be returned to the depositor or deducted for the performance of the payment obligation; if the depositor refuses to enter into and perform the contract, the deposited property belongs to the deposit recipient; if the deposit recipient refuses to enter into and perform the contract, he/she must pay the depositor the deposit property and an amount equivalent to the value of the deposited property, unless otherwise agreed.

According to the provisions of Article 174 of the Penal Code 2015 supplemented and amended in 2017 on the crime of fraud and appropriation of property
1. Those who, by deceitful tricks, appropriate other people's property valued at between VND 2,000,000 and under VND 50,000,000 or under VND 2,000,000 but fall into one of the following circumstances, shall be subject to a reformatory penalty. non-custodial for up to 03 years or imprisonment from 06 months to 03 years:
a) The offender has incurred an administrative penalty for appropriation of property;
b) The offender has an unspent conviction for theft of property or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 173, 175 and 290 hereof;
c) The offence has a negative impact on social safety, order and security;
d) The property illegally obtained is the primary means of livelihood of the victim and the victim's family; the property illegally obtained is a souvenir, memento or religious item that has a spiritual value to the victim.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 02 and 07 years of imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed in a professional manner;
c) Appropriating property valued between VND 50,000,000 and under VND 200,000,000;
d) Property is the main means of livelihood of the victim and their family; property is a memento, an inheritance
d) Abusing positions, powers or taking advantage of the name of agencies or organizations;
e) Using cunning tricks;
g) Appropriating property valued between VND 2,000,000 and under VND 50,000,000 but falling into one of the cases specified at Points a, b, c and d, Clause 1 of this Article.

3. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 07 and 15 years of imprisonment:
a) Appropriating property valued between VND 200,000,000 and under VND 500,000,000;
b) Appropriating property valued between VND 50,000,000 and under VND 200,000,000 but falls into one of the cases specified at Points a, b, c and d, Clause 1 of this Article;
c) Taking advantage of natural disasters and epidemics.

4. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 12 and 20 years of imprisonment or life imprisonment:
a) Appropriating property valued at VND 500,000,000 or more;
b) Appropriating property valued between VND 200,000,000 and under VND 500,000,000 but falls into one of the cases specified at Points a, b, c and d, Clause 1 of this Article;
c) Taking advantage of the situation of war or state of emergency.

5. The offenders may also be subject to a fine of from VND 10,000,000 to VND 100,000,000, a ban from holding certain posts, practicing certain professions or doing certain jobs for 1 to 5 years, or having part or all of all confiscated. property set.

The content of our consultation is based on the information provided by the Client, is for reference only and based on the legal provisions in force at the time of consultation. In case you ever need detailed consultation, please contact us directly for specific advice.
In case you ever need detailed consultation, please contact us directly for specific advice.

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