Which Security Measure Is the Safest for Banks When the Collateral Is Future-Formed Property?

INTRODUCTION In credit-granting activities, particularly for loans financing construction projects, housing purchases, machinery and equipment acquisition, or production expansion, banks are often required to accept future-formed property as collateral. This type of property does not yet exist at the time of contract execution or has not yet come under the ownership of the borrower, but […]

Do Corporate Mergers and Acquisitions Extinguish Obligations Owed to Creditors?

I. INTRODUCTION Corporate consolidation activities—such as mergers, acquisitions (absorptions), and other forms of corporate reorganization (division, separation, conversion)—serve as important tools for business restructuring, resource optimization, and expansion of scale. A fundamental and highly practical legal question arises: when a company is merged or acquired, do the debts and obligations of the merged or acquired […]

Do Bank-Drafted Standard Credit Contracts Violate the Principle of Balance of Interests?

I. INTRODUCTION In credit transactions, banks commonly use standard form contracts to standardize procedures, reduce costs, and manage risks. However, when the drafting party holds a significantly stronger bargaining position—as is typically the case with banks—such standard contracts may contain unilateral or imposed clauses that weaken the borrower’s rights. The key legal issue is: Where […]

Responsibilities for Failing to Extend an Employment Contract

According to Article 20 of the 2019 Labor Code, employment contracts must be entered into in one of the following forms: Provisions Regarding Contract Extension: Conditions for Extending a Contract: To validly extend an employment contract, the following conditions must be met: Employer’s Responsibilities Under Article 20 of the 2019 Labor Code, if an employer […]

Notes on Drafting a Capital Contribution Agreement

This document provides an overview of key legal considerations when drafting a capital contribution agreement in Vietnam. The purpose is to clarify the legal nature of capital contribution, identify common types of capital contribution agreements, and highlight essential issues that parties must take into account to ensure legal compliance and mitigate transactional risks. Pursuant to […]

Language Clauses in International Commercial Contracts

Language plays a vital role in international commercial contracts, ensuring clarity and mutual understanding between parties from different legal and cultural backgrounds. The selection and proper use of language in a contract not only facilitate effective communication but also help prevent potential disputes. This document outlines the principles, considerations, and legal implications of language clauses […]

Call Now Button