ÁN LỆ SỐ 80/2025/AL: VỀ VIỆC TẶNG CHO VÉ SỐ CỦA VỢ, CHỒNG / CASE LAW NO. 80/2025/AL: ON THE DONATION

Adopted by the Council of Justices of the Supreme People’s Court on December 24, 2025, and promulgated under Decision No. 339a/QĐ-CA dated December 25, 2025 of the Chief Justice of the Supreme People’s Court.

Source of the Case Law:

Cassation Decision No. 148/2023/DS-GĐT dated August 9, 2023 of the Judicial Committee of the High People’s Court in Ho Chi Minh City concerning the civil case “Dispute over a Gift Contract” between the plaintiffs, Ms. Nguyễn Thị Thu D and 17 other plaintiffs, and the defendant, Mr. Trần Thanh T; with five persons having related rights and obligations.

Location of the Relevant Content in the Case Law:

Paragraph 4 of the section “The Court’s Assessment”

Summary of the Case Law:

Case law scenario:

One spouse gave as a gift a lottery ticket (prior to the drawing of the prize) to another person. The recipient neither knew nor was required to know whether the lottery ticket constituted common property or separate property of the spouses. Subsequently, the lottery ticket won a prize.

Legal solution:

In this circumstance, the Court must determine that the undrawn lottery ticket constitutes movable property not subject to ownership registration, and that the donation of such property does not require the consent of the donor’s spouse.

Relevant legal provisions:

Article 457 and Clause 1, Article 458 of the Civil Code 2015;

Clause 2, Article 32 and Article 35 of the Law on Marriage and Family 2014 (as amended and supplemented in 2025).

Keywords:

“Gift contract”; “Gift of a lottery ticket”; “Movable property not subject to ownership registration”; “No requirement of spousal consent.”

Link for reading: CASELAW No 80/2025/AL