Consulting on the drafting of advisory agreements by lawyers in Ho Chi Minh City

Dịch vụ consulting on drafting contracts in Ho Chi Minh City is being strongly developed due to the fact that drafting contracts is a crucial step to ensure transparency and protect the legitimate rights and interests of the parties involved in the transaction. In Bình Tân District, one of the fastest-growing areas of Ho Chi Minh City, having a tight and legally compliant contract is extremely important to minimize risks and ensure fairness for all participants.

What is a contract?

Article 385 of the Civil Code of Vietnam 2015 provides the definition of a contract:
“A contract is the agreement between the parties on the establishment, modification or termination of civil rights and obligations.”

From the above definition, it can be understood that the essence of a contract is constituted by two legal elements: the agreement and the legally binding nature between the parties.

Legal regulations on contract drafting

Form of the contract

Civil law does not prescribe a specific form for contracts in general, but it can be understood that the form of a contract is the manner in which the agreement of the parties is expressed. Accordingly, the agreement of the parties may be expressed through oral statements, in writing, or by specific conduct. However, to ensure smooth performance of the contract, protection of the rights and obligations of each party, and easier resolution in case of disputes, agreements expressed in writing are commonly chosen in civil transactions.

When drafting a contract, attention must be paid to cases where the law requires the contract to be made in writing, to be notarized, certified, registered, or to obtain a permit in order to comply with the prescribed form and to be one of the conditions for the contract to take effect.

Contents of the contract

Parties to the contract
In a contract, the parties’ information is recorded to identify those entering into and establishing the contract. This is a basic and mandatory content.

If the party to the contract is an individual, that individual signs; if the party is a legal entity, it must be signed by the legal representative or an authorized representative (with the letter of authorization attached). The parties to the contract are directly related to the establishment, validity of the contract, and the capacity of the signing party, thereby affecting whether the contract is legally effective or not.

Contents of the contract
Pursuant to Article 398 of the Civil Code 2015, the parties to the contract have the right to agree on its contents. A contract may include the following contents:
– Subject matter of the contract.
– Quantity and quality.
– Price and payment method.
– Term, place, and method of performance of the contract.
– Rights and obligations of the parties.
– Liability for breach of contract.
– Method of resolving contract disputes.

Process of providing contract drafting consulting services in Ho Chi Minh City at BKC Law

Types of contracts that BKC Law regularly assists clients with

Costs of legal services at BKC Law

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 clients come directly to the office of BKC Law.

To receive free legal advice at BKC Law and support for contract drafting services, you can contact our Lawyers via the following information:
Phone: 0901 3333 41
Email: info@bkclaw.vn
Office in District 1: 9th Floor, Diamond Plaza Building, 34 Le Duan Street, District 1, Ho Chi Minh City
Office in Binh Tan: 41 Ten Lua, Binh Tan District, Ho Chi Minh City