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 […]
In complex commercial transactions, particularly those involving multiple tiers of contracts such as supply chains, subcontracting, or project development, the concept of back-to-back clauses plays a crucial role. These clauses aim to ensure consistency and alignment between the primary (master) contract and downstream contracts by transferring obligations, rights, or liabilities from one party to another […]
In modern employment and commercial relationships, protecting legitimate business interests such as customer networks, confidential information, and human resources is essential. One of the mechanisms commonly used to prevent unfair competition is the non-solicitation clause, which restricts a party—usually an employee, former business partner, or agent—from enticing clients or employees away after the relationship ends. […]
In complex business ventures and infrastructure projects, especially those involving design, engineering, and construction, stakeholders often seek streamlined contractual arrangements that reduce coordination burdens and allocate risks more clearly. One such model is the turnkey contract, a legal mechanism that has gained increasing popularity in sectors such as construction, energy, and industrial projects. Under a […]
Civil contracts and commercial contracts are two prevalent types of agreements in practice. What are the similarities and differences between these two contract types in Vietnam? 1. General The term “civil” can be understood in two contexts: first, in a narrow sense, referring to purely civil matters such as inheritance and family relationships; and second, […]