Is country’s official name and motto mandatory in civil contracts in Vietnam?

Is country’s official name and motto mandatory in civil contracts in Vietnam?

I want to ask: Do civil contracts have to include country’s official name and motto? Thank.

Country’s official name and motto is one of the main component of administrative documents according to Clause 2, Article 8 of Decree 30/2020/ND-CP.

Article 116 of the 2015 Civil Code stipulates:

Civil transaction is a contract or a unilateral legal act which gives rise to, changes or terminates civil rights and/or obligations.

And according to Article 117 of the 2015 Civil Code:

1. A civil transaction shall be effective when it satisfies all of the following conditions:

a) Participants in the transaction have legal personality and/or legal capacity in conformity with such transaction;

b) Participants in the transaction act entirely voluntarily;

c) The purpose and contents of the transaction are not contrary to the law and/or social ethics.

2. The forms of civil transactions shall be the conditions for its effectiveness in cases where it is so provided for by law.

Thus, for civil contracts it is not required to have country’s official name and motto in Vietnam.

Is country’s official name and motto mandatory in civil contracts in Vietnam? (Image from the Internet)

Without a sales contract, can I sue to collect liabilities in Vietnam?

My company sells and delivers vegetables to a joint stock company, and issues full VAT invoices every month. Currently, the liability is about more than 100 million but they report that they cannot pay. You can only pay 30% when your party must sign a commitment form. So can my company sue? The sale contract was not made because we knew each other. Please advise.

According to the information youprovided, there was a contract to buy and sell vegetable products between your company and the partner company, but the two sides did not have a sales contract.

Pursuant to the provisions of Article 430 of the 2015 Civil Code:

Sale contract means an agreement between parties whereby a seller is obligated to transfer the ownership rights of property to the purchaser and the purchaser is obligated to make a payment to the seller.

Sale contracts of houses or sale contracts of houses for other purposes shall comply with this Code, the Law on Housing and relevant laws.

At the same time, according to the provisions of Article 440 of the 2015 Civil Code:

1. A purchaser must pay the full price at the agreed place and time.

2. If the parties only agree on time limit for delivery of object, the time limit for payment shall be determined equivalent to the time limit for delivery of object. If the parties do not agree on time limit for delivery of object and payment, the purchaser must make payment upon the receipt of the object.

3. If the purchaser fails to make payment, he/she/it must pay interest on the late payment as prescribed in Article 357 of this Code.

According to this regulation in Vietnam, in case two parties have a purchase transaction but the buyer does not fulfill the payment obligation, it is in breach of the payment obligation.

Therefore, the seller's company has right to initiate a lawsuit at a competent court to request protection of its legitimate rights and interests according to the provisions of Article 186 of the 2015 Civil Procedure Code in Vietnam.

Note: When filing a lawsuit, your company needs to submit evidence to prove the purchase transaction between the two parties such as invoices, documents proving delivery,... even though there is no sale contract, but there are other documents and papers proving the purchase activities of both parties, it can still be used as a basis to resolve claims for your company's rights in Vietnam.

What are grounds for terminating a contract for services in Vietnam?

Let me ask: What are grounds for terminating a contract for services in Vietnam? Thank.

Article 513 of the 2015 Civil Code stipulates:

Contract for services means an agreement between parties whereby a service provider performs an act for a client which pays a fee for that act.

And according to Article 422 of the 2015 Civil Code, the civil contract shall terminate in any of the following cases:

A civil contract shall terminate in any of the following cases:

1. The contract has been completed;

2. The parties so agree;

3. Where a contract is only able to be performed by a particular natural person or juridical person having entered into the contract, and that particular natural person dies or that juridical person ceases to exist.

4. The contract is cancelled or unilaterally terminated;

5. The contract is not able to be performed because the subject matter of the contract no longer exists;

6. The contract terminates as prescribed in Article 420 of this Code;

7. Others circumstances as provided by law.

Thus, the nature of the contract is also a civil contract, so the grounds for terminating the contract will also include the cases mentioned above in Vietnam.

Best regards!