Sales Contract is the most popular contract in economic trade. Society becomes developed, economics becomes better, the exchange, purchase and sale of goods is growing accordingly. That also led to consequences arising from the sale and purchase of goods is the dispute which is also increasing according to the development of the economy.

Therefore, to avoid disputes in the sales and purchase contract or if a dispute occurs, then dispute shall be at the lowest level. In legal terms, the parties shall make a sales and purchase contract in writing and fully agree on the following content in the sales and purchase:

  1. Name of commodity: popular name of goods, goods in purchase and sale must be allowed in circulation;

  2. The quantity of goods: specify the quality, clear, units of calculation and measurement such as kilogram, quintal, tonnage, piece, unit, kw, A ... and if in the weight it must be included weight. State details and the total amount, the total value of goods;

  3. The quality and specifications of the goods: specify the quality, specifications and technical standards, size, color, flavor, moisture, contaminants, standards describe the goods ... should be meticulous, avoid using the generic concept, difficult to blame the quality of goods in violation. Or you can choose samples, samples must be sealed, marked, recorded in the form of contracts to avoid disputes later occur;

  4. Delivery of goods is required to specify the delivery schedule, determine the number of required delivery, time, place and method of delivery conditions of the consignee.

  5. Commodity prices: specify the unit price calculation and valuation methods.

  6. Payment method: specify the payment of goods denominated in foreign currencies or Vietnam. Note: for the purchase and sale of goods in Vietnam, the parties agreed only paid in Vietnam, deal in foreign currency payment will be disabled.

  7. Validity of the contract: specify arrangements on starting and ending day, time of the liquidation of the contract.

In addition to the above provisions, the parties may agree to add the following: the rights and obligations of the buyer and seller; amending and supplementing the contract; the sanctions for breach of contract, forced to comply with the contract, penalties, compensation for damages, to cancel the contract ... the agency for dispute settlement.

In the process of implementing the sales and purchase contracts, if any breach occurs in performing the contract, the party whose rights are violated may lodge a complaint against the offending party in the stipulated time, if expired which the party whose rights are violated will lose the right to sue in arbitration or the courts having jurisdiction.

The parties may agree on the claim period in the contract, if there is no agreement, the time limit for complaints are defined as follows:

  • For complaints about the amount of goods: 3 months from the date of delivery;

  • For complaints about the specifications or quality: 6 months from the date of delivery;

  • For goods under warranty: 3 months after the warranty expires;

  • For complaints of other content in the contract: 3 months after the breaching party must fulfill its obligations under the contract.

After making the above complaints procedure but has not yet reached the dispute results, the parties should follow the procedure for dispute resolution following:

  • Negotiation, mediation: first of all the parties should resolve the dispute by negotiation; the parties may agree to select an agency, organization or individual as mediator.

  • Court or Arbitration: if negotiation, mediation does not achieve results, the parties may choose and request the Court or Arbitration for settlement.

LVT Lawyers with a team of lawyers with many years of experience in resolving disputes of sales and purchase agreement for many foreign companies in Vietnam. With enthusiasm and dedication in work, we are committed to always put interests of clients on top to fit the motto "Our service, your success". LVT Lawyers provide legal services in dispute settlement of sales and purchase contract through the following services:

  • Consulting on how to deal with contractual disputes, the dispute settlement procedures of the contract dispute.

  • Guiding and advising clients lawsuit procedures, conditions lawsuit to the competent court.

  • Drafting applications, requests and other relevant documents to clients;

  • Conducting to gather evidence - documents, examination and assessment of the evidence - documents to be submitted before the Court;

  • Making specific plans most beneficial during negotiation, mediation (if any);

  • Participating in the proceedings as a defense attorney, to protect the rights and legitimate interests in court for clients at all levels;

  • Participating in legal proceedings as authorized representative of the clients to perform all the measures and the manners prescribed by law to protect the legitimate rights and interests of the clients in the best way at the court level.

  • Implementing procedures for enforcement: verification on conditions for law enforcement of judgment, requiring the application of preventive measures to ensure enforcement of assets, requiring law enforcement of judgment ...