In the bustling world of international trade, crafting a comprehensive sales contract is a pivotal step towards a successful partnership. Particularly in Vietnam, a dynamic and rapidly growing economy, the need for well-structured contracts is paramount. This article is about how to create a sales contract in Vietnam , emphasizing key considerations and crucial clauses that are often overlooked. Understanding the Landscape Before delving into the details of drafting a solid sales contract in Vietnam and address the questions on how to create …
The demand for trade with Vietnam from merchants worldwide is on the rise. This implies that the number of international commercial disputes will also increase. Many traders have not paid enough attention to issues in contracts, particularly the applicable law in case of contractual disputes. People often think that disputes rarely occur need contract lawyers in Vietnam most when it comes to handling disputes. In reality, contractual disputes pose a risk that needs to be considered because unexpected events leading to disputes can arise from…
Once a contract is made legally, contracting parties shall implement and such contract is respected by third parties. As stated in Civil Code 2015 (“CC”): “Each commitment or agreement that does not violate regulations of law and is not contrary to social ethics shall be bound by contracting parties and must be respected by other entities”. However, in the implementation process, the contract can be amended, which means, rights and obligation of parties can be amended accordingly. Due to the fact that the contract is result of before agreement…
The most important obligation of the parties to a commercial contract is to deliver or provide services and pay in full and on time as agreed. However, in reality, there are times that one party or the parties fail to perform their payment obligations, causing damages to the other party. In particular, in the case of a breach of the payment obligation, the aggrieved party may request the person having caused damage to pay late payment obligations interest. Potential dispute on this matter might arise between parties. Article 306 of the Commer…
When drafting a contract, especially a commercial business contract, in addition to basic provisions such as the object, scope of the contract, value and payment method, rights and obligations of the parties, dispute settlement, information confidentiality, and the regulations on the penalty for a breach of the contract and damage compensation are also very important. Penalty for a breach of the contract Under the provisions of the Commercial Law 2005, penalty for a breach means that the breaching party must pay a sum of money to the aggrieved…