Contract for What? Effective When? Answers Here

From the effective date of the contract, if any party fails to perform or performs incorrectly their obligations, it will be considered a breach of the contract. To ensure their rights, individuals may refer to the effective dates of some common types of contracts through the table below:

| **Type of Contract** | **Effective Time** | **Legal Basis** || --- | --- | --- || Mortgage Contract | Effective from the time of conclusion, unless otherwise agreed by the parties or provided by law | [Clause 1 Article 319 Civil Code 2015](https://lawnet.vn/vb/bo-luat-dan-su-2015-48517.html) || Contracts related to the transfer of land use rights | Effective from the time of registration in the land register |  || Pledge Contract | Effective from the time the pledged asset is handed over to the pledgee | [Point b Clause 1 Article 10  Decree 163/2006/ND-CP](https://lawnet.vn/vb/nghi-dinh-163-2006-nd-cp-giao-dich-bao-dam-3f70.html) || Contract for mortgaging land use rights, forest use rights, ownership rights of production forests, ships, aircraft | Effective from the time of mortgage registration | Point c Clause 1 Article 10  Decree 163/2006/ND-CP || Contract for sale, donation, exchange, capital contribution, mortgage of houses, transfer of commercial housing purchase agreements | Effective from the time of notarization or authentication of the contract | [Clause 1 Article 122  Housing Law 2014](https://lawnet.vn/vb/luat-nha-o-2014-3f689.html) || Contract for donation of charity houses, gratitude houses; sale, hire-purchase of state-owned houses; sale, hire-purchase of social housing, housing for resettlement; capital contribution by houses involving an organization; lease, loan, temporary residence, authorization for housing management | Effective time is as agreed by the parties; if there is no agreement, the effective time is the time of contract signing | Clause 2 Article 122  Housing Law 2014 || Contract for transferring industrial property rights | Effective from the time of registration with the state management agency on industrial property rights | [Clause 1 Article 148  Intellectual Property Law 2005](https://lawnet.vn/vb/luat-so-huu-tri-tue-2005-50-2005-qh11-1b6e.html) || Contract for using industrial property objects | Effective time is as agreed by the parties | Clause 2 Article 148  Intellectual Property Law 2005 || Contract for donation of movable property | Effective from the time the donee receives the property, unless otherwise agreed.

For movable property with registered ownership, the contract of donation is effective from the time of registration. | Article 458 Civil Code 2015 || Contract for donation of immovable property | Effective from the time of registration of ownership; if the immovable property does not require ownership registration, the effective time is at the transfer of the property. | Clause 2 Article 459 Civil Code 2015 || Some common types of contracts:
  • Contract for sale of property
  • Contract for exchange of property
  • Contract for loan of property
  • Contract for lease and sublease of property
  • Contract for borrowing property
  • Cooperation contract
  • Service contract
  • Passenger transport contract
  • Freight transport contract
  • Processing contract
  • Agency contract
  • Contract for safekeeping of property
| Effective from the time of conclusion, unless otherwise agreed or provided by law.

The time of conclusion of the contract is determined as follows:
  • The contract is concluded at the time the offeror receives notification of acceptance from the offeree.
  • If the parties agree that silence is an acceptance of entering into the contract within a certain period, the time of conclusion is the end of that period.
  • The time of conclusion of a verbal contract is the time the parties agree on the contract's contents.
  • The time of conclusion of a written contract is the time the last party signs the document or other forms of acceptance are shown on the document.
  • If the contract is concluded verbally and then confirmed in writing, the time of conclusion is when the parties agree on the contract's contents.)
|
  • Clause 1 Article 401 Civil Code 2015
  • Article 400 Civil Code 2015
|

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