1. Regulations of commercial contracts

A commercial contract is an agreement between business entities, between traders and traders, between traders and related parties on the establishment, change, or termination of rights and obligations in business activities. buying and selling goods, providing trade services and promoting trade.

Commercial contracts are separate contracts in the commercial field. When the conditions regarding the subject, purpose and form of the contract are satisfied, the commercial contract has the nature of an economic contract. For example, contracts in commercial activities are established in writing between traders, in which at least one party is a legal entity to serve its business activities. If those conditions are not met, the contract is only of the nature of a civil contract.

2. Characteristics of commercial contracts

Commercial contracts have the following basic legal characteristics: the field in which the contractual relationship arises is the commercial field, including the fields of trade in goods and trade in services, one party is the subject of the contract. must be a businessman. In many commercial contractual relationships, both parties must be traders, such as trader representation contracts and goods purchase and sale agency contracts.

The purpose of traders when entering into contractual relationships is to serve their business relationships.

The form of the contract can be verbal, behavioral or written. For contracts that the law requires to be made in writing, that regulation must be followed. Fax, telex, email and other forms of electronic information are also considered written forms.

3. Regulations on payment methods in commercial contracts

The application of payment methods in commercial contracts is an extremely important provision. The choice of payment method and method in a commercial contract depends entirely on the agreement of the parties in the contract. Currently, there are no hard legal regulations on this issue in commercial contracts regarding payment types. Depending on the conditions, the parties will come to an agreement on the most appropriate payment method and the parties also have the right to choose one of those methods that is most reasonable and suitable for the parties. as well as the type of commercial contract.

4. Regulations on account types in commercial contract payment methods

The most popular payment method currently used by the parties in paying for commercial contracts is payment via account by bank transfer.

So how is payment via account done? Are there any mandatory regulations regarding the type of account used for payment? Regarding this issue, we can see that payment for commercial contracts will incur taxes. Including import tax and value added tax. Therefore, when the parties involved in signing a commercial contract choose to pay the commercial contract through an account, that account must be required to be the account of the organization or the participating parties. sign the contract. In some cases of force majeure or emergency, payment transactions that cannot be performed using an organization's account can be performed using a personal account. However, to make payments using a personal account, that personal account must be registered with the tax authority, otherwise tax will not be deducted.