Consulting services and drafting commercial contracts
1. Consulting services for drafting contracts and reviewing contract terms
Consulting services on contract drafting and reviewing contract terms of Truong Quyen Law Office - Davilaw Branch are deployed in two main methods to meet customer needs: (i) Contract drafting new and (ii) Review and edit terms in existing contracts. Thereby, we commit to providing customers with a complete contract that meets their requirements and saves time.
In the process of drafting a new contract, implementation time usually ranges from 2 to 5 working days and includes the following stages:
- Synthesize legal bases and propose contract content and layout for customers to approve. We will research and gather relevant legal regulations, and propose contract content and layout suitable to the customer's requirements and purposes.
- Draft and finalize contracts. Our team of experienced lawyers will draft the terms, conditions and necessary adjustments to ensure the accuracy and legality of the contract.
For contracts with complex content, we will provide the following support:
- Representing negotiations with customers to agree on contract content. Our lawyers will negotiate and discuss directly with customers to ensure clarity and transparency about the terms and conditions of the contract.
- Conduct surveys and test the legal value of contracts with experts and specialized management agencies. We will consult with legal experts and relevant regulatory authorities to ensure the validity and legal compliance of the contract.
With professional contract drafting and contract clause review consulting, Truong Quyen Law Office - Davilaw Branch is committed to bringing absolute satisfaction and trust to customers.
2. What are the rules for drafting contracts?
- Contract drafting principles applicable to ensuring the legal validity of contracts include three main elements: contract form, contract signing entity and contract content. When developing information and terms in a contract, the drafter needs to coordinate between the legal framework prescribed by law and the specific requirements of the contract being drafted. This is necessary because having a legal and desirable contract is the concurrent goal of the business requesting contract drafting. - For example, Company A wants to expand its business through franchising in Vietnam and wishes to draft a legal franchise contract and protect the company's best interests. Customers ask the question that if the company's current franchise business conditions are not met, will there be any risks when implementing business activities? Furthermore, is the registration of the proposed franchise chain subject to the provisions of the 2005 Commercial Law?
In this case, many franchise chains choose to use a business cooperation contract to avoid signing a franchise contract and facing legal risks if the franchisor does not meet all of the conditions. sue according to the provisions of law. This is the reason why customers want to use contract drafting services from DaviLaw, to receive clear advice on legal regulations and at the same time have a legal and reasonable contract.
3. Prevent contract disputes effectively when drafting strict contracts
- To avoid contract disputes and ensure efficiency in contract implementation, drafting a tight and appropriate contract is very important. There are many cases where companies violate contractual obligations because the circumstances of contract implementation are not favorable to the signed terms. Sometimes, a breach of contract is simply due to the terms in the contract being unclear, making it difficult to apply. Therefore, when drafting an economic contract, it is necessary to ensure that the contract is complete, accurate and strict. If there are any provisions that are difficult to understand, they should be clearly explained by the parties concerned.
- To carry out strict contract drafting, the implementer needs to ensure the following. First of all, they need to anticipate necessary agreements that may arise during contract implementation. These agreements will then be added to the contract so that when needed, the parties can apply and implement them.
- In addition, the terms in the contract need to be consistent and not contradict or contradict each other. In particular, the content of the contract appendix needs to be carefully considered. According to Article 403, Clause 1 of the 2015 Civil Code, the content of the contract appendix must not be contrary to the content of the main contract. This emphasizes the importance of consistency and uniformity throughout the entire contract, including addendums.
4. What legal risks can shortcomings in contract drafting lead to?
- Legal risks due to shortcomings in contract drafting are an issue of concern and need to be emphasized. In fact, lawyers have realized that all terms of the contract are important, because when a dispute occurs, no matter how big or small, it can affect the relationship with partners and customers. performance of the contract by the parties. For example, when you are drafting a sales contract, focus only on the terms related to price, quality, and delivery method.
- But suppose you are representing the seller and in the process of preparing to execute the contract, a unit wants to buy goods at a price 10 times higher than the original agreement. When checking, you realize that there is no clear agreement on contract termination and detailed compensation. Although you are willing to compensate the buyer to end the contract, the dispute may affect your ability to sell the lot to another party.
- Therefore, legal risks in drafting contracts come in many different forms, and specific principles are needed to minimize those risks:
+ Determine the general layout and framework of the contract you intend to draft: This helps ensure there is no shortage of important provisions to regulate the contract implementation process. By defining the general layout and framework in advance, you can focus on adding necessary provisions and avoid leaving out important ones.
+ Determine the legal basis and suitability of the proposed contract: Before drafting a contract, you should clearly understand the legal principles and ensure that the terms in the contract do not violate the law. For example, you cannot set an interest rate of 90% for a loan contract, as this would be considered a violation of the law on interest rates.
+ Do not copy content from the sample contract: An important thing when drafting a contract is not to copy verbatim content from the sample contract. Instead, you should understand the meaning of the terms and use them to construct your own contract. Only simple and common content should be copied from the sample contract.
In summary, to avoid legal risks due to shortcomings in contract drafting, it is necessary to comply with the above principles and ensure fairness and clarity in determining important terms. Investing the time and effort to draft an accurate and detailed contract will help create a strong legal document and minimize the risk of future disputes. At the same time, consulting with a lawyer or legal expert can assist in ensuring the legality and validity of the contract.