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, […]
One of the key considerations for businesses expanding internationally is the legal capacity of their branches and representative offices. This article explores whether such entities have the authority to sign contracts and how this affects business operations across borders. What are branches and representative offices? According to Article 44 of the 2020 Enterprise Law, the […]