Issue
The client signed a contract to transfer part of a production forest land plot of 22,555 m² and received an advance of VND 450 million. However, the transferee did not continue to pay as agreed. The client sued to cancel the transfer contract, but the transferee refused and asked to continue performing it. During the case, the Procuracy took the view that the transaction was a deposit contract, not a land use right transfer contract.
What HDS did
We studied the file and analyzed the nature and content of the agreement between the parties, clarifying that this was a transfer of land use rights for land leased with annual rent payments. On that basis, the lawyer advised the client to amend the claim, and presented arguments that the contract violated a legal prohibition and must be declared invalid.
Result
The Court upheld the claim and declared the transfer contract invalid
