1. What is a commercial brokerage contract?

A commercial brokerage contract is an agreement between the parties, whereby the broker performs brokerage for the brokered party so that the broker can sign a contract to buy and sell goods and provide services with the party. Tuesday.

Thus, a commercial brokerage contract is a type of service contract, in which the broker is an intermediary, helping the broker find and sign a contract to buy and sell goods and provide services with the broker. third-party.

Subjects participating in commercial brokerage contracts include:

– Broker: A trader with full civil capacity and business registration in the field of commercial brokerage.

– Brokered party: Can be a trader or individual with full civil capacity.

2. Procedures for resolving commercial brokerage contract disputes:

2.1. Resolve disputes through mediation:

Mediation is a court-fee dispute resolution method whereby a third party, called a conciliator, helps disputing parties find a satisfactory solution to their dispute. The mediator does not have the right to make a decision forcing the parties to perform, but the parties can voluntarily implement the mediation agreement. However, whether or not the conciliation results will be implemented in this way depends on the will of the parties.

2.2. Resolving disputes at Arbitration:

Arbitration is a method of dispute resolution whereby the disputing parties voluntarily select one or more arbitrators to resolve their dispute. Arbitrators are people who have knowledge, experience and are trusted by the disputing parties. The arbitrator will make a decision forcing the parties to comply. Arbitration is commonly used to resolve commercial brokerage contract disputes and business disputes in general because disputes are always resolved at the root by a final, binding decision. When time and cost are not high, procedures are simple and not rigid.

2.3. Resolving disputes at Court:

The Court is a state agency with authority to resolve civil and commercial disputes, including disputes over commercial brokerage contracts. The court will issue a judgment forcing the parties to comply. Dispute resolution in court is a form of dispute resolution whereby one party requests a court with jurisdiction to resolve the dispute through a lawsuit and the court, according to statutory procedures, will issue a binding decision. enforceable against the parties. Usually, when the above forms of resolution cannot be used, the disputing parties resort to this form. Because this form will cost a lot of time and implementation costs are quite high.

Procedures for resolving disputes at Court are carried out as follows:

Step 1:The plaintiff submitted a lawsuit to the competent People's Court.

At this step, to avoid the petition being returned, the plaintiff must correctly determine the Court's jurisdiction to submit the petition.

Step 2: The court accepts the case and resolves it according to the provisions of civil procedure law.

– Resolution procedures:

The court shall resolve the case according to the provisions of civil procedure law.

– Solution results:

The court can make one of the following decisions:

– Decision to recognize the agreement of the parties;

– Decision recognizing successful mediation;

– Decision to force the parties to perform their obligations in the contract;

– Decision to declare the contract invalid;

– Other decisions according to the provisions of law.

The statute of limitations for filing a lawsuit to request the Court to resolve a commercial brokerage contract dispute is 3 years from the date the dispute occurs.

3. Which dispute resolution method should be chosen?

Through the bases analyzed above, we can see that currently in the Vietnamese market there are up to 3 mechanisms to resolve disputes about commercial brokerage contracts. However, each mechanism will have its own advantages and disadvantages. So which mechanism should we choose to resolve disputes in this field?

Choosing a method to resolve disputes about commercial brokerage contracts depends on the following factors:

The first is, based on the will of the disputing parties:

– If the disputing parties are people of goodwill and a sense of cooperation, they can choose to resolve the dispute through agreement or mediation.

– If the disputing parties do not have goodwill or a sense of cooperation, they can choose to resolve the dispute in arbitration or court.

Monday is, Based on the complexity of the dispute:

– If the dispute is of a simple nature, you can choose to resolve the dispute through agreement or mediation.

– If the dispute is complex, you can choose to resolve the dispute in arbitration or court.

Tuesday is, Based on dispute resolution costs:

Agreements and mediation are low-cost methods of dispute resolution. Arbitration and courts are higher-cost methods of dispute resolution.

The fourth is, Based on dispute resolution time:

Agreement and mediation are dispute resolution methods with short resolution times. Arbitration and court are dispute resolution methods that have longer resolution times.

Therefore, depending on the will of the disputing subject, they will decide to choose a form of dispute resolution that suits current reality.

4. Characteristics of commercial brokerage activities:

Commercial brokerage activities are commercial activities whereby a trader acts as an intermediary (called the broker) for parties buying and selling goods or providing services (called the brokered party) in negotiating. Negotiate and conclude contracts to buy and sell goods and services and receive remuneration according to the brokerage contract.

Commercial brokerage activities have the following characteristics:

As a commercial activity: Commercial brokerage activity is a type of commercial activity, established between traders or between traders and other entities related to commercial activities.

As an intermediate activity: Commercial brokerage activities are intermediary activities between the brokered party and a third party. The broker does not participate in contracts or transactions between the parties and does not represent the interests of either party.

As a service activity: Commercial brokerage activities are service-based activities, in which the broker provides brokerage services to the brokered party.

As a remunerative activity: Commercial brokerage activities are remunerative activities, the broker receives remuneration from the brokered party.

Commercial brokerage activities play an important role in commercial activities, helping participating parties save time and costs in finding partners and signing contracts.

5. Contents of commercial brokerage contract:

The content of a commercial brokerage contract includes basic (mandatory) contents of the contract such as:

– Broker object: Goods and services are brokered.

– Price, payment method.

- Contract execution time.

– Brokerage remuneration.

- Responsibility of the parties.

In addition, the parties can agree on additional contents in the commercial brokerage contract, suitable to their needs and interests.

Notes when drafting commercial brokerage contracts:

When drafting a commercial brokerage contract, the parties should note the following points:

Clearly identify brokers: Brokerage objects need to be clearly and specifically defined, including type, quantity, quality, price, etc.

Agreement on price and payment method: Price and payment method need to be agreed clearly and specifically to avoid future disputes.

Determine the contract performance term:The contract performance period needs to be clearly defined to ensure the rights and interests of the parties.

Brokerage remuneration agreement:Brokerage remuneration needs to be clearly and specifically agreed upon to avoid future disputes.

Clearly define the responsibilities of the parties:The responsibilities of the parties need to be clearly defined to ensure the rights and interests of the parties.

Drafting a commercial brokerage contract accurately and completely will help the parties to the contract clearly understand their rights and obligations, avoiding future disputes.

Legal documents used in the article:

Civil Code 2015;

Civil Procedure Law 2015;

Commercial Law 2019.