Why need to use contract drafting services?

·         Put the customer's interests first by including in the contract the most beneficial terms for the customer while still ensuring harmony between the parties;

·         Get advice and draft contracts accurately and clearly, without causing misunderstandings or omissions leading to disputes;

·         Contracts are drafted quickly, professionally and meet customer needs;

·         Save time, effort, and economy by limiting the need to re-do contracts many times, quickly reach an agreement;

·         Limit the risk of conflicts, disputes, and unpredictable legal risks when the parties are not knowledgeable about contract drafting.

·         Receive advice and guidance on appropriate handling when negotiating and conciliating contract disputes.

Terms needed in the contract

·         Subject of the contract;

·         Object of the contract;

·         Contract value and payment method;

·         Term, location, method of contract performance;

·         Rights and obligations of the parties;

·         Cases of unilateral contract termination;

·         Liability of the parties due to breach of contract;

·         Argument settlement;

·         Other provisions.

Consulting on important and basic issues for a contract

Contract object

“Contract” is a civil transaction, specifically based on Article 116 of the 2015 Civil Code, a civil transaction is a contract or unilateral legal act that creates, changes or terminates rights and obligations. Civil.

According to the provisions of Article 385 of the 2015 Civil Code, a contract is an agreement between the parties on the establishment, change or termination of civil rights and obligations, and is a deed to establish the rights and obligations of the parties. beside. Therefore, the parties agree on a contract name appropriate to the transaction to be performed.

In contracts, especially goods purchase and sale contracts, it is necessary to clearly state the standards for packaging, loading, and preservation. The quantity and size of the goods also need to be clearly agreed in the contract, and converted to a unit agreed upon by the parties to limit the risk of future disputes.

Contract value, schedule and payment method

·         The contract must clearly state the contract value in numbers and words, with the currency unit being Vietnam Dong (VND).

·         In international transactions, the contract can record cash and the value converted to international currency.

·         The contract should have clear regulations on the contract implementation progress and implementation deadline.

·         For payment, the contract stipulates payment method in cash or bank transfer. Payment in one go or in installments.

Delivery, transportation, receipt of the contract object and ownership of the contract object

During the process of delivering goods, it is difficult to avoid risks arising, leading to delayed delivery, damage or loss of goods. Therefore, the parties need to agree and fully record the following information:

·         Delivery schedule or service provision schedule;

·         Transportation means and shipping costs are borne by each party.

·         Loading and unloading costs of each party;

·         Regulations on delivery schedules and sanctions for buyers not receiving goods; sanctions if the seller does not have the goods delivered when the buyer's vehicle arrives;

·         Responsibility for checking the quality and specifications of goods upon receipt; forms, papers, and minutes confirming goods quality.

·         Procedures to resolve when goods are discovered to be missing or not meeting quality standards;

·         Compensation obligation;

·         Time of transfer of ownership of the goods;

Policy on preservation and insurance of contract objects during implementation

Insurance conditions are provisions that stipulate the scope of the insurer's liability for the risks of loss of the insured object.

It stipulates:

·         Scope of insurance liability, insurance conditions;

·         Insurance undertakes to take responsibility for compensating for losses of the contract subject caused by a risk;

·         The insured party's obligation to pay insurance premiums to the insurer

·         Regulations on exclusion of insurance obligations

Warranty policy (if any)

During the warranty period, if the seller is at fault, they must compensate for the warranty

According to Clause 1, Article 419 of the 2015 Civil Code, in addition to requiring the seller to carry out warranty measures, the buyer can request compensation for technical defects of the object caused during the warranty period.

The contract needs to stipulate cases that are not covered by the warranty and reduce the level of compensation according to Clause 2, Article 419 of this Code.

Force majeure and objective obstacles

To avoid disputes or compensation related to this issue, the contract should clearly stipulate and specifically list:

·         Definition of force majeure events and objective obstacles;

·         Responsibilities of each party when these events occur;

Exemption clauses

Pursuant to the provisions of the 2015 Civil Code and the 2005 Commercial Law, the exemption liability for violations is as follows:

·         A case of liability exemption as agreed upon by the parties occurs;

·         A force majeure event occurs;

·         One party's violation is entirely the other party's fault;

·         A party's violation is due to implementing a decision of a competent state management agency that the parties could not know at the time of entering into the contract.

Sanctions for breach of contract

·         Pursuant to Articles 352, 356, 357, 358, 360, 418, 419 of the 2015 Civil Code;

·         Pursuant to Article 292 of the 2005 Commercial Law

Sanctions when there is a breach of contract include:

·         Compulsory performance of the contract.

·         Violations.

·         Forced to compensate for damages.

·         Temporarily suspend contract performance.

·         Suspension of contract performance.

·         Cancel the contract.

·         Other measures agreed upon by the parties are not contrary to basic principles of Vietnamese law, international treaties to which the Socialist Republic of Vietnam is a member and international trade practices.

Third Party Terms

According to Article 415 and Article 416 of the 2015 Civil Code, regulating cases of contract performance for the benefit of a third party and the third party's right to refuse

Complaints and Agreement on arising terms

The time limit for complaints is agreed upon by the parties. Depending on the product or service, this time limit may be different. If the parties do not agree, based on Article 318 of the 2005 Commercial Law, this deadline is determined as follows:

·         Three months from the date of delivery for claims regarding quantity of goods;

·         Six months from the date of delivery for complaints about goods quality; In case the goods have a warranty, the complaint period is three months from the date of expiration of the warranty period;

·         Nine months from the date the violating party must fulfill its contractual obligations or, in the case of a warranty, from the date of expiration of the warranty period for claims of other violations.

Dispute resolution mechanism (applicable law, jurisdiction, litigation costs)

For dispute resolution, especially international trade disputes, the parties need to specifically stipulate applicable laws, dispute resolution agencies and dispute resolution costs that each party must bear. .

Lawyer consulting and contract drafting services at Truong Quyen Law Office - Davilaw Branch

·         Monitor, supervise and advise during contract implementation;

·         Research relevant documents, find out relevant information about the parties in the contract in specific cases according to the requirements of the business, thereby providing optimal solutions for drafting and signing contracts.

·         Consulting, drafting and negotiating adjusted contents;

·         Provide available contract templates for customers to choose from;

·         Review the contract and advise on amending contract terms;

·         Consulting, receiving authorization, directly resolving contract disputes (solutions can be negotiation, agreement, in the spirit of cooperation between the parties or thanks to the intervention of a judicial agency, specifically the arbitration center or sue to a competent people's court if the client's rights and interests are violated);

·         Ensuring the elimination of legal risks that may occur to customers to optimally resolve customer interests;

·         Notarize contracts on behalf of customers (if required);

·         Legal advice on other related issues based on the provisions of law.

Resolve disputes that arise

·         Provide legal advice to parties, participate in mediation negotiations, and resolve contract disputes;

·         Consulting on legal bases to resolve contract disputes;

·         Representing or working with customers to negotiate and conciliate with disputing partners;

·         Discussing and meeting to guide customers in collecting documents and evidence, providing and contributing information to resolve arising disputes;

·         Work with commercial arbitration agencies, courts and relevant agencies in the dispute resolution process

·         Participate in contract dispute resolution proceedings.

Contract drafting service fee

The contract drafting service of Truong Quyen Law Office - Davilaw Branch has clear costs, based on the complexity of the case, ensuring maximum support according to the customer's financial ability. but still brings high legal efficiency. Costs are based on the following criteria:

·         Complexity level of work;

·         Duration of the lawyer's work;

·         Experience and reputation of the Principal Lawyer and the Law Office;

·         Special requirements of customers regarding responsibility and work efficiency.

Commitment to quality contract drafting consulting services

Truong Quyen Law Office - Davilaw Branch operates with the motto:TIMELY – DEDICATED – EFFICIENT, committed to ensuring service quality, specifically the following letter:

·         Make sure to carry out the work accordingly schedule agreed and guaranteed comply with legal regulations, in accordance with the code of ethics and conduct of Vietnamese lawyers;

·         PUT CUSTOMER BENEFITS FIRST, make every effort to provide customers with the best quality service;

·         INFORMATION SECURITYthat the customer provides, information related to the customer.

To draft a contract that is most beneficial for you, at the same time legal and avoids unnecessary risks, you need to clearly understand the drafting process as well as the required content in the contract.