Their opinion was given at the "Economic Partnership" conference: recent technology model modeling and challenge solutions ". At its conference, the delegates had analyzed the & # 39; Legal agreement "Contracts for rent outside a contract" between the complainant of the Sunshine Vietnam stock company – Vinasun with the company that is protected by Vietnam's GrabTaxi (Grab) last year.
According to Professor Nguyen Nhu Phat – who was a director of the State and Law Institute, in a modern society and state of law, legitimate interests are protected, the campaign is seeking The campaign and other applications Submissions are quite normal, and Vraban Sue is usually used in every economy. However, for non-contractual advocacy, such a case should meet four contracts.
Initially, there must be a breach of duty. In this case, for a contract breach, there is a breach of responsibility; breach of rights and interests of a unjustified law-protected person.
Second, there must be a real damage. The person responsible is to confirm the damaging of the party who is in the process of making a mistake. claim, so Vinasun must prove the dam.
Thirdly, the reasons for recognizing the causes are compulsory, special and terrible, resulting from the situation to be; breach of the law. This is a very important thing to be aware of during the test.
Fourth, mistakes due to subject purposes. However, in today's law, especially in trade, that factor does not matter. "In this case, it is called" the fault of the remoteness ", which means that the person arising from the breach of the party's fault duty, unless he proves that he is not on the case. " – Nguyen Nhat Phat Exhibitions.
Prof. Dr. Nguyen Nhu Phat said the HCMC Human Court should clarify that "It's a breach of what is related to the legitimate right of Vinasun to be protected by law."
At the same time, Ngo Vinh Bach Duong, head of the Department of Economy, State and Law Institute, the Vietnam Social Sciences Academy said: "In a modern society, sing together, civilian and should be encouraged. "
Head of Economic Law Ngo Vinh Bach Duong gives an additional comment: The behavior that is related to sales increases, legal or non-governmental delays competing. In the meantime, the jurisdiction of the Court is under the Civil Treatment Law, the Court does not have the power to do it; Promoting or mitigating behavior as real or wrong.
"Department of Economics: Technological Modules and Challenges for Disarmament"
Duong said there is a problem of public opinion that many businesses are likely to harm Vinasun as Mai Linh, a group or other taxi companies, but why Vinasun just complains about Grab, the I say that Vinasun has a right to do a lawsuit.
"In 10 she asked me but I have the right to make a lawsuit 1 of 10 Mr, another 9 I am forgiven. That is my right for a decision. This is not Vinasun wrong they just want to think that's right, "- said Ngo Vinh Bach Duong.
Previously, on 29 October, according to the plan, the People's Court of Ho Chi Minh City will issuing a legal complaint "Remuneration money outside a contract" between Vinasun and Grab. However, the jury decided to return the hearing to 22 November.
The procurator said that there are enough reasons to prove that Grab is a taxi business, and Negotiate business unfairly under Scheme 24, breaking the Enterprise Law Act 2014. At the same time, according to the search results of the research center, 40% of Vinasun customers will be able to. move to & # 39; using Grab services. According to the Cuu Long Company inspection report, the number of cars Grab near 13,000 vehicles. These results are quite regular.
The Procuratorate recommends to the Testing Panel to accept the Vinasun total claim, requesting it to pay compensation from more than VND41.2 billion.
Chau Nhu Quynh