Thuyết trình hợp đồng mua bán ngoại thương sale contract

Group
1

Sale contract
Group 1: Nguyễn Linh Trng
Nguyễn Huy Minh
Lê Thị Nhật Thảo
Đỗ Thảo Ly
Giang Việt Tùng
Đỗ Khánh Huyền
Nguyễn Hòng Hải


Group

Content

1

1

2

3

4

Theory

Contrasting between sale contract in the country and foreign trade

Real situation (problem) and solution

Question


Group
1

I. Theory

1. Definition of sale contract

2. Roles of sale contract
3. Contents and form of a sale contract

4. The contract provisions

Group 1


I. Theory
1. Definition of sale contract

A sale contract is an agreement between the buyer and the seller in which
various terms and conditions of the transaction are specified. One need not get
confused with the terms “sale contract” and “letter of credit”.


I. Theory
2. Roles of sale contract

- The contract of sale is a legal basis prescribed powers and duties of the parties in
relation to sale
- The contract of sale is a legal tool center of business activities and export as a basis
for the parties signed other contracts: Contracts of carriage, a contract of guarantee
- The contract of sale is basis for the protection of resources and the legitimate interests
of the parties when a dispute occurs
- The contract of sale is an important foundation of the state bodies: tax authorities,
customs implement state management function


I. Theory
3. Contents and form of a sale contract

* Form
Based on the Law of Vietnam, the contract must be made in writing. We can count things
like: fax, telex, email… is writing
Based on the Commercial Law, Article 24. Form of contract of sale of goods:
1. The contract for purchase and sale of goods are expressed verbally, in writing or
established by specific behavior.
2. For other types of contract of sale of goods, which by law must be made in writing
and must comply with these regulations.


I. Theory
4. The contract provisions

A properly negotiated sale contract should include the following
points:
- Description of goods

- The price of the goods
- Payment terms i.e. Sight/Usance (term period)
- Trade terms
- Packing and marking
- Shipping instructions i.e. date shipment


Group

I. Theory

1

Sale contract

Group 1


I. Theory

Group
1

Sale contract
Group 1


II. Contrasting between sale contract in the country

Group

1

and foreign trade:

•

The same

• The difference between
purchase and sale contracts
in the country and foreign trade


II. Contrasting between sale contract in the country
and foreign trade:

•

The same

Purchase agreement as well as international commodity
trading contracts are commodity domestic content, form
and other similar characteristics as the contract of sale of
goods in general


II. Contrasting between sale contract in the country
and foreign trade:

• The difference between

purchase and sale contracts
in the country and foreign trade

Based on the characteristics of the subject, the object,
the place where the contract is divided into commodity
trading contracts in domestic and contract international
sale of goods.


Group
1

III. Real situation (problem) and solution:

Problem
Problem

Solution
Solution

⁃ Disagreement language -> misunderstood terms in

⁃ Focus accurate translation in both 2 languages ->

contracts

safer, more accurate

⁃ Timid and rigid, mold -> unprofessional

⁃ careful consideration and flexibility, can change the

⁃ Lack of transparency in documentation and

terms of the contract if it is reasonable Disclosure

business information -> loss of confidence from

⁃ mainly on the information storage medium(the

foreign firms

internet...)

⁃ Valuing personal benefits (cost, commission

⁃ Set common interests over the interests of

contracts..) -> sometimes bring disadvantages for

individuals, choosing the actual contract overall profit

enterprises themselves

before put pen to paper


IV. Question:
1. Why have divided into "foreign trade contract" and "domestic sale contract "
Group 1

(depend on Law of Commerce 2005)?

2. If the object of "land sales contract" is a foreigner, can be accepted this

contract?

3. When will the international practices on trade be applied?

4. In addition to text messages, what type of data practical foreign
trade contract admit?


Thanks for listening!