Penalty clauses and compensation for damages are two common contractual remedies under Vietnamese contract law. However, the concurrent application of these remedies remains subject to differences between civil law and commercial law. This article analyzes the legal basis and legal nature of each remedy, clarifies the possibility of their concurrent application under current law, and […]
Food processing contracts constitute an important legal instrument governing cooperation between ordering parties and processors in the food production sector. Given the direct impact of food products on public health and consumer safety, Vietnamese law imposes both general civil law requirements and specific food safety obligations on such contracts. This section examines the legal conditions […]
The use of scanned signatures (image-based signatures) in electronic documents has become increasingly common in commercial transactions and contractual relationships. However, this practice raises several legal issues, including whether a scanned signature is equivalent to an electronic signature under current law; whether a contract may be declared invalid when the signature is suspected to be […]
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 […]
In the realm of contract law, the validity of agreements hinges on several critical factors, one of which is the authority of the signatories. While it is commonly assumed that a contract signed by a legal representative ensures its enforceability, this is not always the case. Various circumstances can render such contracts invalid, including issues […]
Contracts can be invalidated due to violations of the legal requirements for their form. This issue is governed by specific provisions of the Civil Code of Vietnam. Below is an in-depth examination of the legal framework, circumstances leading to invalidation, and legal consequences when contracts fail to meet formal requirements. 1. Legal Requirements for the […]