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Legal advices on drafting the sale contracts in Vietnam

Trading is a common commercial activity in which the seller is obliged to deliver, transfer ownership of the goods to the buyer and receive payment; the buyer is obliged to pay the seller, receive and own the goods as agreed. International law and Vietnam law both appreciate the agreements of parties to the sale contract as long as they are not against the law.

Currently, contracts for sale and purchase of goods constitute a fundamental institution. As a specific form of civil contracts, therefore sales contracts are governed primarily by the Civil Code 2015 and Commercial Law 2005.

Form of the sale contract:

Under Vietnam laws, a sale contract is a civil transaction which can be expressed either verbally, in writing or in specific acts. However, there are some legal cases which must be written such as in order to facilitate tax administration or customs procedures,… International sales of good contracts must be concluded in writing or any other equivalent forms (telegraph, telex, data message,...)

The conditions of the sale contract

A civil transaction is effective and enforceable when it satisfies all of the following conditions:

  • The parties have legal personality and/or legal capacity to enter into the transactions.
  • The parties act voluntarily.
  • The purpose and contents of the transactions are not contrary to the law and/or social ethics.
  • The parties comply with the applicable formalities for the transactions (if required).

International sales of good contracts do not require notarization. The parties are free to choose the language of the sale contract with foreign elements. International sales of good contracts can be drafted in English or another language.

In case of consulting contract, the drafting consultancy not only assures the interests of each party to the contract but also anticipates future risks so that the terms and conditions of the contract can be adjusted to suit the situation of laws and regulations

APOLO Lawyers is a domestic law firm with many experienced years in drafting and consulting specific contracts in Vietnam such as:

  • Sales contract;
  • Business cooperation contract;
  • Licensing contract; Investment contract; 
  • Labor contract; Lease contract;
  • Distribution contract;

Each business transaction has different regulations as well as not yet compilation of standard terms and conditions. APOLO Lawyers would consider the purpose of the contract, transaction type, and significance of the deal, industry, Vietnam legal requirements and expectation of the client to prepare a legally enforceable contract for the client, to avoid misunderstanding and protect the client against legal disputes. Apolo Lawyers also has many forms of consulting for clients including: direct law advice at the office, email counseling, telephone consultation and many other forms to create the best favorable conditions for clients.

For customers who cannot directly meet the lawyers, you can choose to consult via Email, or Whatsapp. Our company will offer the most effective solutions for customers, consulting in writing to ensure high accuracy, with legal basis. With the enthusiastic support from the company, the customer will spend not only a lot of time but also travel expenses.

For further information, contact us:

Apolo Lawyers - Solicitors & Litigators

Address: 10th Floor, PaxSky Building, No. 51 Nguyen Cu Trinh Street, District 1, Ho Chi Minh City

Binh Thanh Branch               

Address: 9th/F, Tower K&M Building, 33 Ung Van Khiem St., Binh Thanh Dist., HCM City

_____________________________

Tel: (028) 66.701.709 / (028) 35.059.349

Mobile 1/ Whatsapp 1: 0939.486.086 / Mobile 2/ Whatsapp 2: 0908.043.086

Email: contact@apolo.com.vn

Website: https://apololawyers.com/

APOLO LAWYERS

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