Contract

Article 385 of the Civil Code 2015 provides:

"A contract is an agreement between parties on the establishment, modification or termination of civil rights and obligations."

The form of the contract can be in writing, fax, email, or even specific words or behavior. There are also types of contracts that the law requires must be established in writing and must be notarized or authenticated to be valid. Most contracts in Vietnam and around the world today are in written form, because they are the most transparent and clear, in terms of validity, as the ancients said: “The die is cast”, meaning that once contract is signed, it is valid.

According to Vietnamese law, the language of the contract is not required to be Vietnamese and the contract can be bilingual or multilingual, but when resolving disputes at a jurisdiction, the content must be translated into Vietnamese.

The listed price or payment currency in the contract is Vietnam Dong, foreign exchange is not allowed, except for a few contracts in specialized fields, where it is allowed.

In legal practice, contracts can be divided into two main types: Civil contracts and commercial contracts with distinguishing characteristics that, if you are not a legal expert, it will be difficult to recognize.

Determining whether a transaction is civil or commercial is crucial because it helps determine the governing law, which can either be the Civil Code or the Commercial Law. In reality, this issue is not paid attention to by individuals and businesses or is not clearly aware of its importance when negotiating, signing and implementing contracts, especially large contracts.

In addition to the above two common types of contracts, there are also a number of specialized types of contracts, governed primarily by specialized laws, such as: Construction contracts, real estate transfer contracts, telecommunications service contract, etc.

In Vietnam, legal disputes related to contracts can be said to be like daily food and clothing, with a clear trend of a sudden increase in disputes related to commercial and service contracts in recent years.

With experience in negotiating, drafting, and appraising thousands of large and small contracts (monolingual and bilingual) in the fields of commerce, civil, land, investment, and business cooperation, etc. Gia Luat believes that we can handle your requests regarding contracts professionally and effectively.

Legal services related to Contracts (negotiation, signing, implementation, liquidation) we provide, including but not limited to the following issues:

• Goods purchase and sale contracts, commercial contracts, foreign trade contracts; Contracts for offtake agents, commission agents, and exclusive agents;
• Service contracts, consulting contracts;
• Business cooperation contracts, investment cooperation contracts; joint venture contracts, capital contribution contracts;
• Promise to buy contract, promise to sell contract, contract to buy and sell assets formed in the future;
• Construction, execution, and design contracts;
• Contracts for transfer and donation of movable and real estate;
• Property lease contract; renting houses and offices;
• Deposit, mortgage, mortgage contracts;
• Labor contracts of all types, training contracts, information security contracts, and non-competition agreements in labor relations;
• Technology transfer contracts (Licensing), trademark transfer contracts, copyright purchase and sale contracts, derivative contracts, work use contracts;
• Other types of specialized contracts;
• Resolve disputes of all types of contracts according to civil proceedings in Court.
• Resolve disputes of all types of contracts according to criminal proceedings at the Police Investigation Authority, Procuracy, and Court when the case has criminal signs.