📚 Etymology Corner: "Guarantee" - From Ancient Promises to Modern Banking Tricks
Ever wonder where "guarantee" comes from? It traces back to Old French "garantie" and Germanic "warrantia", meaning "to protect" or "to warrant" 🛡️. The root "wer-" means "true" or "trustworthy"—ironically, the exact OPPOSITE of what happened in today's case! 😤
Over centuries, guarantees evolved from personal honor pledges to formal legal instruments. In medieval times, a guarantee meant your LIFE was on the line! 🗡️ Today, it's "just" money—but as this Vietnamese court ruling shows, some banks still try to weasel out of their promises using technicalities that would make medieval lawyers blush! 💸
🎯 The Big Story: Court Says "NO!" to Bank's Technicality Games 🚫
BREAKING PRECEDENT: In Judgment 28/2025, a Vietnamese court delivered a POWERFUL RULING that prioritizes substance over form and upholds the principle of good faith in banking guarantees! 🎉⚖️
The Drama: A bank tried to avoid paying a 5.536 BILLION VND guarantee by demanding a signature from... drumroll... A DEAD PERSON! 💀📝
The Court's Response: "Nice try! 🙄 Pay up!"
Let's break down this fascinating case that's sending shockwaves through Vietnam's banking sector! 🌊🏦
📊 Infographic: The Case at a Glance
🎬 THE PLAYERS
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
👔 PROJECT MANAGEMENT BOARD (PMB)
"Project Paul" - The Beneficiary
Role: Oversees government project
Goal: Get guarantee money back
VS.
🏦 A1 BANK (BigBank)
"Banker Betty" - The Guarantor
Role: Issued guarantee letter
Goal: Avoid paying 5.536B VND
🏗️ GOLDSTAR CONSTRUCTION (Company G)
"Contractor Carl" - The Defaulter
Role: Received advance payment
Status: CEO DECEASED 💀 (key plot point!)
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
💰 THE MONEY
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Advance Payment: 10,036,000,000 VND
Work Completed Value: 4,500,000,000 VND
Outstanding Advance: 5,536,000,000 VND
Guarantee Amount: 5,536,000,000 VND ✅
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
⚡ THE TWIST
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
Contractor's CEO dies → Can't sign violation record
Bank refuses payment → "No signature, no money!"
PMB sues → "That's unreasonable!"
COURT RULES → "Bank must pay!" ⚖️
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
🎯 THE VERDICT
━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━
✅ Good Faith Principle WINS
✅ Substance over Form
✅ Bank's technicality REJECTED
✅ 5.536 BILLION VND must be paid!🎭 The Case Story: A Legal Drama in Three Acts
ACT I: The Setup 🏗️
The Scene: A government infrastructure project needs a contractor! 🚧
The Deal:
- Project Paul (PMB) hires Contractor Carl (Goldstar Construction) 📋
- Carl gets a 10.036 billion VND advance payment 💰
- Banker Betty (A1 Bank) issues a guarantee letter: "If Carl doesn't finish the work, we'll refund the unused advance!" 🏦✅
The Terms:
- Guarantee covers outstanding advance payments
- PMB must submit violation record WITH Carl's signature 📝
- Must submit during guarantee validity period ⏰
- Bank pays, then recovers from Carl later 🔄
Everything seems normal, right? WRONG! 😱
ACT II: The Tragedy 💀
Plot Twist: Contractor Carl's work grinds to a halt! 🚧❌
The Numbers:
- Total advance: 10.036B VND 💵
- Work completed: Only 4.5B VND worth! 😰
- Outstanding advance: 5.536B VND (Carl still owes this!) 📊
Then... THE UNTHINKABLE HAPPENS: Contractor Carl (the CEO) DIES! 💀🕊️
October 24, 2023: PMB prepares violation record documenting the breach... but there's a problem:
THE SIGNATURE DILEMMA ✍️❓:
- Guarantee requires Carl's signature on violation record
- Carl is DEAD
- Can't exactly ask a deceased person to sign, can you? 🤷♂️💀
ACT III: The Legal Battle ⚖️🥊
Project Paul's Move 📨: PMB sends guarantee claim to BigBank BEFORE expiration, explaining:
- ✅ "Here's the violation record"
- ✅ "Work incomplete, money unrefunded"
- ✅ "We sent this on time"
- ⚠️ "Sorry, no signature... the guy died"
Banker Betty's Response 🏦🚫: "NOPE! We're not paying because:
- ❌ No original guarantee letter submitted
- ❌ No violation record with Carl's signature
- ❌ Missing required documentation
- ❌ Terms not met = No payment!"
Project Paul: "Are you SERIOUS?! The man is DEAD!" 😤
Banker Betty: "Sorry, rules are rules! 📋 No signature = No money!" 💸
Project Paul: "SEE YOU IN COURT!" ⚖️
⚖️ The Court's BRILLIANT Analysis 🧠✨
The judges weren't having ANY of the bank's nonsense! Here's their devastating logic:
🎯 KEY FINDING #1: The Good Faith Principle Applies
Court's Reasoning 💭:
"A1 Bank KNEW about the force majeure situation preventing signature confirmation. The bank's insistence on requiring a signature from a DECEASED PERSON fundamentally DISTORTS the purpose of guarantee letters, which is to PROTECT THE BENEFICIARY when obligations are breached!"
Translation: You can't hide behind technicalities when basic fairness says otherwise! 🛡️
The Law 📜: Article 3, Vietnamese Civil Code: All civil transactions must follow the principle of good faith (thiện chí, công bằng)
What This Means:
- 🤝 Act honestly and fairly
- 🎯 Don't abuse legal technicalities
- ⚖️ Consider the spirit, not just the letter, of agreements
- 💡 Don't exploit impossible conditions
The Bank's Fatal Mistake: Demanding the impossible (dead person's signature) violated good faith! ❌
🎯 KEY FINDING #2: The Bank KNEW About the Breach!
Court's Devastating Logic 🎯:
"A1 Bank MANAGED THE ADVANCE PAYMENT ACCOUNT! The bank knew EXACTLY:
- ✅ How much was advanced (10.036B)
- ✅ How much work was done (4.5B worth)
- ✅ How much guarantee was reduced (only 4.5B)
- ✅ That 5.536B remained outstanding
- ✅ That the guarantee period was ending
- ✅ Therefore, BREACH HAD OCCURRED!"
In Other Words:
The bank was like a referee who saw the foul, has VIDEO EVIDENCE of the foul, but refuses to call it because the complaint form has a typo! 🤦♂️
The Court Continues 📢:
"Violation documentation is fundamentally about DETERMINING THE AMOUNT OWED. With advance payment guarantees, KNOWING THE OUTSTANDING BALANCE itself proves the breach! Documents can be perfected afterward as long as:
- ✅ The obligation's nature at guarantee expiration doesn't change
- ✅ The bank isn't harmed (it has recourse against Goldstar)
- ✅ The bank has collateral from the company"
🎯 KEY FINDING #3: Substance Over Form
The Court's Principle ⚖️:
The purpose of guarantee letters is PROTECTION, not PAPERWORK!
When:
- ✅ The breach is REAL (work incomplete, money not refunded)
- ✅ The beneficiary acted properly (submitted claim on time)
- ✅ The obstacle is beyond beneficiary's control (death)
- ✅ The guarantor KNOWS the truth (manages the account)
Then: TECHNICALITIES MUST GIVE WAY TO JUSTICE! 🎯
🏠🚗 Real-Life Examples: Why This Matters
Example 1: "Home Builder Harry" 🏡
YOU hire a contractor to build your house
Contractor gets 500M VND advance
Contractor's company provides bank guarantee
Contractor completes 200M worth, then CEO dies
400M advance unrefunded
OLD THINKING:
Bank: "No CEO signature on breach report = no payment"
You: "But... he's DEAD and the money's gone!"
Result: You lose 400M! 😱
NEW RULING:
Court: "Bank knew contractor hadn't finished"
Court: "Demanding dead person's signature = bad faith"
Court: "Bank must honor guarantee!"
Result: You get your 400M back! 🎉Impact: MASSIVE protection for project owners! 🛡️
Example 2: "Equipment Leasing Lisa" 🚗
You lease equipment worth 2B VND
Lessee provides bank guarantee for payments
Lessee's director suddenly passes away
Payments stop, equipment damaged
BANK SAYS: "No signature confirming breach = no payout"
UNDER THIS RULING:
✅ Bank manages lessee's account
✅ Bank sees payments stopped
✅ Bank knows about director's death
✅ Bank must honor guarantee despite missing signatureLesson: Banks can't hide behind impossible documentation! 📄❌
Example 3: "Software Developer Sam" 💻
Client advances 800M for software development
Your company provides bank guarantee
Project 50% complete when CFO dies unexpectedly
Client claims breach, but you can't get "authorized signature"
BEFORE: Bank refuses = your company reputation ruined
AFTER: Court says substance matters more than form!Protection: Works BOTH ways—ensures guarantees are meaningful! ⚖️
🤔 Did You Know? Fascinating Guarantee Law Trivia!
Fact #1: Guarantee vs. Warranty 📋≠🛡️
In legal terms:
- Guarantee = Third party promises to pay if primary party doesn't
- Warranty = Promise about product/service quality
Banks issue GUARANTEES, not warranties! The court protects beneficiaries! 🏦
Fact #2: The "Autonomy Principle" 🔓
Bank guarantees are typically "autonomous" from underlying contracts:
- Bank pays FIRST, asks questions LATER
- Beneficiary just needs to show breach
- Bank then recovers from client separately
THIS CASE REINFORCES: Banks can't use technicalities to avoid this! ✅
Fact #3: Good Faith in Vietnamese Law 🇻🇳
Article 3, Civil Code 2015 mandates:
- All civil acts must follow good faith
- Parties must act honestly and consider others' rights
- Can't abuse rights or violate public morality
POWERFUL: Courts CAN override strict contract terms if they violate good faith! ⚖️
Fact #4: Death and Contract Law 💀📜
Generally:
- Personal service contracts END with death
- But PAYMENT obligations SURVIVE!
- Heirs inherit both assets AND debts
In guarantees: Guarantor's obligation CONTINUES even if principal dies! 🏦✅
Fact #5: The "Impossibility" Defense 🚫
In contract law, "impossibility" (force majeure) can excuse performance:
- Natural disasters 🌊
- War ⚔️
- Government action 🏛️
- DEATH OF ESSENTIAL PERSON 💀
This case: Court recognized death made signature IMPOSSIBLE, applying good faith! 📜
Fact #6: Bank's "Knowledge" Creates Responsibility 👀
Courts increasingly hold that when banks KNOW about breaches (especially when managing accounts), they can't claim ignorance!
Modern trend: Information equals responsibility! 🧠⚡
Fact #7: Vietnam's Pro-Creditor Shift 📈
This ruling shows Vietnamese courts increasingly:
- ✅ Protecting beneficiaries over guarantors
- ✅ Preventing technical evasions
- ✅ Enforcing guarantees' PROTECTIVE purpose
- ✅ Prioritizing economic fairness
Result: Guarantees are MORE RELIABLE! 💪
💡 Pro Tips: Protecting Yourself in Guarantee Situations
For Beneficiaries (Project Owners) 🏗️📋
Tip #1: Submit Claims PROMPTLY ⏰
- ✅ Don't wait until last minute
- ✅ Document breach IMMEDIATELY
- ✅ Send claim BEFORE guarantee expires
- 📧 Use trackable delivery methods
Why: Early submission = proof of diligence! ⚡
Tip #2: Gather ALL Evidence 📁
Even without required signatures, collect:
- ✅ Account statements showing unpaid advances
- ✅ Work completion certificates (partial)
- ✅ Communication records
- ✅ Bank's own acknowledgments
- ✅ Third-party inspections
This Case Shows: Substantive evidence can overcome procedural defects! 📊
Tip #3: Communicate the Impossibility 📢
If you can't meet documentary requirements:
- ✅ EXPLAIN WHY immediately
- ✅ Provide alternative evidence
- ✅ Demonstrate good faith effort
- ✅ Document the force majeure event
Example: "Contractor's CEO deceased on [date], death certificate attached, unable to obtain signature, here's alternative evidence..."
Tip #4: Use the Bank's Own Knowledge 🏦
If the bank manages relevant accounts:
- ✅ Request bank statements as evidence
- ✅ Cite bank's access to transaction records
- ✅ Argue bank can't claim ignorance
- ✅ Use this ruling as precedent!
Key Phrase: "The guarantor bank, managing the advance payment account, has actual knowledge of the breach..." 🎯
For Banks (Guarantors) 🏦⚠️
Tip #1: Don't Over-Rely on Technicalities 📋❌
This ruling warns:
- Strict formalism can backfire
- Courts will apply good faith principle
- Substance trumps form
- You might still have to pay!
Better approach: Investigate claims substantively! 🔍
Tip #2: Document Your Own Knowledge 📝
If you manage client accounts:
- Track guarantee reductions systematically
- Monitor work completion
- Keep records of what you know
- Your knowledge can be used against you!
Strategy: If you know = address proactively! 💡
Tip #3: Include Force Majeure Clauses 🌪️
In guarantee letters, specify:
- What happens if signature impossible
- Alternative verification methods
- Notice requirements for force majeure
- Good faith cooperation expectations
Example clause: "In event of legal representative's death or incapacity, beneficiary may substitute [alternative documentation]..." 📜
Tip #4: Maintain Recourse Rights 🔄
The court noted bank isn't harmed because:
- ✅ Bank has collateral from principal
- ✅ Bank can sue principal's estate/heirs
- ✅ Bank's ultimate loss is minimal
Lesson: Secure collateral properly from the start! 🛡️
For Everyone 👥💼
Tip #1: Understand Good Faith 🤝
Vietnamese courts WILL enforce:
- Fair dealing
- Reasonable conduct
- No exploitation of technicalities
- Economic substance over legal form
Don't assume: "Contract says X, so I'm safe!" ❌
Tip #2: Plan for the Unexpected 🎲
Include contingency provisions for:
- Death of key personnel 💀
- Company dissolution 🏢
- Force majeure events 🌪️
- Alternative dispute resolution 🤝
Better safe than sorry! ⚡
Tip #3: Keep Excellent Records 📚
The PMB won because they could prove:
- Timely claim submission ✅
- Actual breach amount ✅
- Good faith effort ✅
- Force majeure event ✅
Documentation = Victory! 🏆
🌿 Nature's "Guarantee Systems" - Surprisingly Similar! 🐝
Let's look at how nature handles "guarantees":
The Bee-Flower Contract 🐝🌸
The Deal:
- Flower GUARANTEES nectar (payment) 🍯
- Bee GUARANTEES pollination (service) 🌼
What if the bee dies mid-pollination?
- Does flower demand dead bee finish? NO! ❌
- Does flower refuse nectar to OTHER bees? NO! ❌
- Nature prioritizes FUNCTION over FORM! ✅
Lesson: Even nature values substance over technicality! 🌿
Symbiotic Relationships 🐠🦐
Cleaner shrimp clean fish in exchange for food:
- Guarantee: Fish won't eat shrimp 🐟🤝🦐
- What if: Fish is injured, can't "signal" safe zone?
- Result: Shrimp evaluates ACTUAL BEHAVIOR, not just signals!
Legal parallel: Courts look at ACTUAL breach (bank's knowledge), not just procedural compliance! 📊
Pack Animal Hierarchies 🐺
Wolf packs have "guarantees" of:
- Alpha eats first (leadership privilege) 🥩
- But alpha MUST protect pack (leadership duty) 🛡️
If alpha refuses protection over technicality?
- Pack removes alpha! 👋
- Function matters more than title!
This Case: Court "removed" bank's technical defense when it violated guarantee's protective function! ⚖️
📝 Quiz Time: Test Your Guarantee Law Knowledge! 🎓
Question 1: What's the main principle the court applied? ⚖️
A) Strictissimi juris (strict interpretation)
B) Good faith and fairness ✅
C) Freedom of contract
D) Caveat emptor (buyer beware)
Answer: B! Article 3, Civil Code - good faith principle! 🎯
Question 2: Why couldn't the violation record be signed? 📝
A) PMB forgot to ask
B) Contractor refused
C) CEO had died 💀✅
D) Bank wouldn't allow it
Answer: C! Death made signature impossible—force majeure! 🕊️
Question 3: How did the bank KNOW about the breach? 🏦
A) PMB told them
B) Contractor confessed
C) Bank managed the advance payment account ✅
D) Lucky guess
Answer: C! Bank's own knowledge from managing accounts! 📊
Question 4: How much was the disputed guarantee? 💰
A) 4.5 billion VND
B) 5.536 billion VND ✅
C) 10.036 billion VND
D) 5 billion VND
Answer: B! Outstanding advance of 5.536B VND! 💵
Question 5: What was the bank's defense? 🏦
A) "We never issued a guarantee"
B) "The breach didn't happen"
C) "Missing signature means no payment" ✅
D) "We went bankrupt"
Answer: C! Technical compliance argument—which FAILED! ❌
Question 6: True or False: Banks can always avoid payment if documentation is incomplete? 📋
A) True
B) False - substance matters! ✅
Answer: B! This ruling shows substance > form! ⚖️
Question 7: What protects the bank from loss? 🛡️
A) Nothing—they lose everything
B) Collateral from contractor + recourse rights ✅
C) Government bailout
D) Force majeure excuse
Answer: B! Bank can recover from contractor/estate! 🔄
Your Score:
- 7/7: Legal eagle! 🦅⚖️ Ready to litigate guarantees!
- 5-6/7: Strong understanding! 💪 Just review the details!
- 3-4/7: Good start! 📚 Re-read key findings!
- 0-2/7: No worries! 🌱 That's why we explained it! Study time! 📖
🎬 The Ngocrinny Takeaway: In a Nutshell 🥜
Let's compress this landmark ruling into digestible wisdom! 🧠✨
The Core Holdings:
- ✅ GOOD FAITH WINS: Article 3 Civil Code applies to ALL contracts
- ✅ SUBSTANCE > FORM: Actual breach matters more than paperwork
- ✅ KNOWLEDGE = RESPONSIBILITY: Banks can't ignore what they know
- ✅ NO IMPOSSIBLE CONDITIONS: Can't demand dead person's signature
- ✅ PROTECTIVE PURPOSE: Guarantees exist to PROTECT beneficiaries
- ✅ EVIDENCE FLEXIBILITY: Documents can be perfected post-claim
- ✅ ECONOMIC REALITY: Court considers overall fairness
Why This Ruling Matters:
For Project Owners 🏗️:
- 💪 Stronger protection from contractor default
- 📋 Less vulnerable to procedural technicalities
- ⚖️ Courts will consider substance
- 🎯 Good faith efforts are recognized
For Banks 🏦:
- ⚠️ Can't hide behind technicalities
- 👀 Your knowledge creates duties
- 📊 Must evaluate claims substantively
- 💼 Need better guarantee drafting
For Vietnamese Law 🇻🇳:
- 📈 Moving toward modern commercial law
- ⚖️ Balancing formalism with fairness
- 💡 Recognizing economic realities
- 🌟 Pro-creditor, pro-protection trend
The Bigger Picture:
This case represents Vietnam's legal evolution:
- From rigid formalism → Flexible fairness
- From letter of law → Spirit of law
- From technical compliance → Good faith principles
- From creditor vulnerability → Creditor protection
Legal scholars: This could become a LANDMARK precedent for good faith application in commercial contracts! 📜⚡
🗣️ Call-to-Action: Join the Conversation! 💬
This ruling has HUGE implications! Let's discuss! 🗨️
Hot Discussion Topics:
- ⚖️ Should courts always override technical requirements for "fairness"?
- Pro: Prevents unjust outcomes ✅
- Con: Undermines contract certainty ⚠️
- Your take? 🤔
- 🏦 Did the bank act in bad faith or just follow its rules?
- Bank's view: "We followed the guarantee terms"
- Court's view: "You exploited an impossible condition"
- Who's right? 💭
- 💀 What if the CEO faked their death to avoid liability?
- Would the ruling change?
- How can banks protect against fraud?
- Due diligence requirements? 🔍
- 📋 Should guarantee letters be reformed?
- Include force majeure provisions?
- Alternative verification methods?
- Simpler claim procedures? 🤷
- 🇻🇳 Is Vietnam's good faith doctrine too broad?
- Does it create uncertainty?
- Or necessary flexibility?
- International comparison? 🌍
- 💰 Could banks refuse guarantees now?
- Higher fees to cover risk?
- Stricter terms?
- Market impact? 📊
Share Your Experience! 👇
- 💼 Business owners: Ever had guarantee disputes?
- 🏦 Bankers: How does this affect your procedures?
- ⚖️ Lawyers: Is this good law or concerning precedent?
- 🏗️ Project managers: Will this change how you handle contracts?
- 👨⚖️ Law students: Thoughts on good faith application?
Let's learn from each other! Your insights might help someone facing similar issues! 🤝🌟
🚨 Fun But Serious: A Brief Legal Disclaimer 🚨
Hey there, guarantee law explorer! 🕵️♂️💼 Before you go...
📜 This article is like a legal compass, not a guarantee itself 🗺️
It'll guide you through the principles, but won't guarantee victory in your specific dispute! (See what I did there? 😉)
🦄 Each guarantee situation is unique
Your specific guarantee terms, circumstances, evidence, and jurisdiction may vary significantly! Contract specifics MATTER! 📋⚠️
🧙♂️ For professional legal advice on guarantee disputes or banking law
Consult experienced commercial lawyers like Thay Diep & Associates Law Firm—they're the real masters of guarantee litigation! ⚖️✨💼
💡 Remember: Reading about this case doesn't make you a commercial litigator, just like watching "Margin Call" doesn't make you a banker! 🎬😉 (Though both are educational!)
⚠️ IMPORTANT: This ruling is:
- 🏛️ One court's decision (precedential value unclear)
- 📅 Recent (2025) - may be appealed or distinguished
- 🇻🇳 Vietnam-specific (laws differ globally)
- 📊 Fact-dependent (your facts = different result)
Always verify current law and consult professionals before making decisions based on any legal ruling! 🎯
#GuaranteeLaw #NotLegalAdvice #ConsultAPro #VietnamCommercialLaw #BankingLitigation
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🌙☀️ Parting Wishes From Your Commercial Law Legal Ninja ✨
📖 If you're reading this in the evening: May your dreams be filled with fair and enforceable guarantees, and may you wake up to find all your contractual counterparties acting in perfect good faith! Sweet dreams and stress-free contracting! 🌙😴💭📜
🌅 If you're reading this in the morning: May your day be as clear as this court's reasoning on good faith, and may your coffee be as strong as this precedent! Go forth and draft better guarantee clauses! ☕💪🌟⚖️
🌆 **If you're reading this during lunch break**: May your afternoon be productive, your contracts be enforceable, and may no one ever demand you obtain a dead person's signature! You deserve a drama-free day! 🍜🎉📋
💼 If you're reading this at work: May your workload be manageable, your guarantees be honored, and may all your business partners act with good faith and fairness! May technicalities never defeat justice in your dealings! 📈💰✨
🏠 If you're reading this at home: May your home be filled with peace, your business relationships be governed by good faith, and may you never face impossible contractual conditions! 🏡💚⚖️
🏦 If you're a banker reading this: May you draft better guarantee clauses, honor legitimate claims promptly, and embrace the good faith principle! Fair dealing = better business! 💼🤝
🏗️ If you're a project manager: May your contractors complete work on time, your guarantees provide real protection, and may courts always recognize substance over form! Build with confidence! 🚧✅
Wherever you are, whatever time it is—thank you for reading! You're now WAY more informed about guarantee law and good faith principles than 99% of people! 🌟🤗📚
Remember: In business and in life, good faith and fairness ultimately prevail! ⚖️💚
Until next time, keep learning, keep contracting fairly, and remember:
Good faith isn't just a legal principle—it's good business! 🤝✨
Ngọc Prinny
Your Friendly Neighborhood Commercial Law Ninja
"Fighting bad faith arguments one court ruling at a time!" ⚖️🔥
#VietnamLaw #GuaranteeLaw #BankGuarantee #CommercialLaw #GoodFaithPrinciple #CivilCode #ContractLaw #BankingLaw #LetterOfGuarantee #AdvancePayment #ConstructionLaw #LegalPrecedent #VietnamCourts #CommercialDispute #BankLitigation #ContractDispute #ForceMajeure #GoodFaith #LegalAnalysis #CaseLaw #VietnamBusiness #ProjectManagement #ConstructionContracts #BankingDispute #Judgment2025
Last Updated: December 29, 2025 | Based on: Judgment 28/2025
📌 BOOKMARK THIS FOR REFERENCE! If you ever deal with bank guarantees, advance payments, or commercial contracts in Vietnam, you'll want this analysis handy! 🔖✨
🔔 STAY UPDATED: Vietnam's commercial law is evolving rapidly. Follow for more case analyses and legal updates! 📰⚖️
💬 DISCUSSION QUESTION OF THE DAY:
"Should banks be able to refuse guarantee payments based on strict documentary compliance, or should good faith and substance always prevail?"
Vote in comments:
- 👍 = Good faith should win
- 👎 = Strict compliance necessary
- 🤷 = Depends on circumstances
Let's see what the community thinks! 🗳️💭
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