When a security deposit in Vietnam can be forfeited?

Deposit (đặt cọc) is a form of security interest.  Deposit means a sum of money, precious metals, gemstones or other valuable objects delivered by one party to another party for a period of time as security for the entering into or performance of a contract. Article 328.2 of the Civil Code 2015 provides that the deposit receiver (i.e., the secured party) can own the deposit when the depositor (i.e., the securing party) “rejects” (từ chối) the performance of the contract. The word “rejection” indicates that the relevant party may need to clearly refuse to perform the contract. And the Civil Code 2015 is not clear whether a failure to perform could constitute a rejection of the performance contract. To clarify this point, a deposit agreement should specify that a failure to perform the contract is deemed to constitute a rejection of the performance of the contract.