9th Floor Diamond Plaza Building, 34 Le Duan, Ben Nghe Ward, District 1, Ho Chi Minh City
info@bkclaw.vn
0901 333 341
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Contract Drafting Consulting Services in Ho Chi Minh City are developing strongly, as contract drafting is a crucial step in ensuring transparency and protecting the rights of parties involved in transactions. In Binh Tan District, one of the rapidly growing areas of Ho Chi Minh City, having a well-structured and legally compliant contract is essential to minimize risks and ensure fairness for all parties involved.
According to Article 385 of the 2015 Vietnamese Civil Code:
“A contract is an agreement between parties to establish, change, or terminate civil rights and obligations.”
From this definition, it can be understood that the essence of a contract consists of two legal elements: the agreement between the parties and the legal binding effect of that agreement.
Form of a contract
The Civil Law does not specify a particular format for contracts in general, but the form of a contract can be understood as the way the parties express their agreement. Agreements between parties can be expressed verbally, in writing, or through specific actions. However, to facilitate contract enforcement, ensure the rights and obligations of each party, and make dispute resolution easier, written agreements are commonly preferred in civil transactions.
It is important to note that in some cases, the law requires contracts to be in writing, notarized, authenticated, registered, or licensed to comply with legal requirements and to be legally effective.
Contract content
Contracting parties
A contract must include information about the parties involved in the agreement. This is a fundamental and mandatory element.
If an individual is a party to the contract, they must sign it personally. If the party is a legal entity, the contract must be signed by a legal representative or an authorized representative (with a power of attorney). The contracting parties directly impact the establishment and validity of the contract.
Contract terms
According to Article 398 of the 2015 Civil Code, the parties have the right to agree on contract terms, which may include:
Types of contracts BKC Law regularly assists clients with
| No. | Contract Type | Specific Contracts |
|---|---|---|
| 1 | Commercial, Investment, and Business Contracts | – Domestic and international goods sales contracts – Goods processing contracts – Commercial cooperation contracts – Advertising contracts – Various service lease contracts – Agency contracts – Investment cooperation contracts – Joint venture contracts – Contracts for the purchase, sale, or transfer of capital contributions, shares, and stocks – Capital contribution contracts – Company purchase and merger contracts |
| 2 | Intellectual Property Contracts | – Technology transfer contracts – Trademark and commercial franchise contracts – Intellectual property transfer contracts – Licensing contracts |
| 3 | Construction and Real Estate Business Contracts | – Construction contracts – Design contracts – Construction execution contracts – Labor subcontracting contracts – Real estate brokerage contracts – Project transfer contracts – Condominium and townhouse transfer contracts – Real estate purchase or donation contracts – Real estate deposit contracts – Lease or lending contracts for houses and land – Project management consulting contracts |
| 4 | Labor and Insurance Contracts | – Employment contracts – Internal regulations and collective labor agreements – Training contracts – Employee confidentiality agreements – Life insurance, professional liability insurance, and property insurance contracts… |
| 5 | Freight Transportation Contracts | – Freight forwarding contracts – Warehouse rental contracts – Logistics contracts – Vehicle rental contracts… |
| 6 | Other Contracts | – Common property division contracts – Credit and mortgage contracts with banks – Loan contracts – Power of attorney contracts – Marital property division agreements – Separate property commitment during marriage – Will drafting, inheritance acknowledgment, and inheritance division documents… |
Cost is an important factor when choosing a law firm. At BKC Law, we are committed to providing services at reasonable and transparent prices when clients visit our office directly.
For a free legal consultation at BKC Law, you can contact our lawyers using the information below:
Phone: 0901 3333 41
Email: info@bkclaw.vn
District 1 Office: 9th Floor, Diamond Plaza, 34 Lê Duẩn, District 1, Ho Chi Minh City
Binh Tan Office: 41 Tên Lửa, Binh Tan, Ho Chi Minh City
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Overseas Investment Registration Certificate Service
Private Lawyer Services for Businesses
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.
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41 Ten Lua, Binh Tri Dong B, Binh Tan District, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41
9th Floor, Diamond Plaza Building, 34 Le Duan, Ben Nghe Street, District 1, Ho Chi Minh City.
info@bkclaw.vn
0901 3333 41