Consulting on drafting consulting contracts from Ho Chi Minh City lawyers

11 December, 2024 113 Views

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Trung Chu

Luật Sư

Mục lục

Contract drafting consulting services in Ho Chi Minh City are being strongly developed because contract drafting is an important step to ensure transparency and protect the rights of the parties involved in the transaction. In Binh Tan District, one of the fast-growing areas of Ho Chi Minh City, having a tight and legally compliant contract is very important to minimize risks and ensure fairness for all participants.

What is a contract?

Consulting on drafting consulting contracts from Ho Chi Minh City lawyers

Article 385 of the 2015 Vietnamese Civil Code stipulates on contracts:

“A contract is an agreement between the parties on the establishment, change or termination of civil rights and obligations”.

Through the above concept, we can understand that the nature of a contract is created by two legal elements: agreement and legal binding between the parties.

Legal regulations on contract drafting

Form of contract

Civil law does not prescribe the specific form of a contract in general, but it can be understood that the form of a contract is the way to express the agreement of the parties. Accordingly, the agreement of the parties is expressed through words, in writing or specific actions. However, in order for the implementation of the contract to take place smoothly, ensure the rights and obligations of each party and be easier to resolve if there is a dispute, the agreement expressed in writing is often chosen in civil transactions.

When drafting a contract, it is necessary to pay attention to cases where the law stipulates that the contract must be expressed in writing, must be notarized, authenticated, registered or licensed to ensure the correct form of the contract according to the provisions of the law as well as one of the conditions for the contract to be valid.

Contents of the contract

Subject of the contract

The contract is the recording of information of the parties participating in the agreement and establishing the contract. This is the basic and mandatory content.

If the subject participating in the contract agreement is an individual, that individual must sign it; if the subject is a legal entity, it must be a legal representative or an authorized representative (must be accompanied by a power of attorney). The subject of the contract will be directly related to the issue arising, establishing the contract and related to the status of the subject signing the contract, thereby affecting whether the contract is valid or not.

Content of the contract

Pursuant to Article 398 of the 2015 Civil Code, the parties to a contract have the right to agree on the content of the contract. The contract may include the following contents:

– Subject of the contract.

– Quantity, quality.

– Price, payment method.

– Term, location, method of contract performance.

– Rights and obligations of the parties.

– Liability for breach of contract.

– Method of resolving contract disputes.

Contract drafting consulting process in Ho Chi Minh City at BKC Law

Types of contracts BKC Law regularly supports clients with

STT	CONTRACT TYPE	SPECIFIC CONTRACTS
1	Consulting and drafting commercial, investment and corporate contracts	Domestic and international sales contracts Contract for processing goods Commercial cooperation contracts Advertising contracts Service lease contracts of all kinds Agency contracts Investment cooperation contracts Joint venture contracts Contracts for the purchase/transfer of capital contributions, shares, stocks. Capital contribution contracts Contracts for the purchase and sale of companies, mergers of enterprises
2	Consulting on drafting contracts on intellectual property	Technology Transfer Contracts Franchise and Trade Contracts Intellectual Property Transfer Contracts Licensing Contracts
3	Contracts in the field of construction and real estate business	Construction Contract Design Contract Construction Contract Labor Contract Real Estate Brokerage Contract Project Transfer Contract Apartment and Townhouse Transfer Contract Real Estate Purchase or Donation Contract Real Estate Deposit Contract House and Land Lease or Lend Contract Project Management Consulting Contract
4	Contracts in the field of labor and insurance	Labor contract Internal regulations, collective labor agreements Training contract Employee information confidentiality commitment Life insurance contract, professional liability, property insurance …
5	Contracts in the field of freight transport	Freight Forwarding Contract Warehouse Lease Contract Logistic Contract Vehicle Lease Contract …
6	Contracts in other fields	Contract for division of common property Credit contract, mortgage of property at the bank Loan contract Authorization contract Agreement on division of property during marriage Commitment on separate property during marriage Drafting of wills, declarations and division of inheritance…

Legal service support costs at BKC Law

Consulting on drafting consulting contracts from Ho Chi Minh City lawyers

Cost is always an important factor when deciding to choose a law firm. BKC Law commits to providing services at reasonable and transparent costs when customers come directly to BKC Law’s office.

To receive free legal advice at BKC Law and support for contract drafting services, you can contact our Lawyers with the following information:

Phone: 0901 3333 41

Email: info@bkclaw.vn

VP Quan 1: 9th Floor, Diamond Plaza Building, 34 Le Duan, District 1, Ho Chi Minh City Binh Tan Office: 41 Ten Lua, Binh Tan, Ho Chi Minh City

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This article is intended to provide general information only and is not intended to provide any architectural solution ideas for any specific case. The legal regulations cited in the article were in effect at the time of posting but may have expired by the time you read it. BKC Law recommends that you consult a professional/lawyer before applying.