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ADVISING ON CONTRACTUAL ISSUES

Freedom to the contract is a principle respected in Vietnam.  The parties are free to contract and bind one another in a contractual relation provided that:
   •    the object to be contracted is not illegal;
   •    the contract shall not be signed voluntarily  
By signing a contract the parties to a contract abide by the provisions in the contract unless and until:
   •    either party successfully requests the court to declare the contract partially or entirely void;
   •    the parties validly amend the contract by way of addendum
In many ways, contract is deemed “laws” applicable and binding the parties privy to the contract.  Thus, in most cases, a validly signed contract shall be ground for court/arbitration center to determine the contracting parties’s rights and obligations.  Apart from what are expressly stated in a contract, the parties to a contract shall be governed by relevant laws applicable to that type of transaction.

For the reasons above, entities or individuals who wish to enter into a binding contract need to research carefully their rights and obligations explicitly or implicitly stated in the contract and what are implied by laws.

As business lawyers, Trinh Nguyen & Partners would be partnering with you to provide legal assistance at all phases: (i)  before you sign a contract, (ii) during the process of contract negotiation, and (iii) administering the implementation of the contract by the other contractual parties, and (iv) where a dispute arising out of the contract or  (v) where the contract was found inequitable. 
In particulars, our services for each stage shall include:

   •    Prior to signing a contract:
      o    Advise on the nature of your deal;
      o    Advise you as to how to structure a transaction to achieve your set business objectives;
   •    During the process of contract negotiation:
      o    Repesent you to negotiate for your best legitimate interests;
      o    Alert you of your rights and obligations by laws;
      o    Alert legal consequence of your agreed commercial terms and conditions;
   •    Where a dispute arises out of a contract:
      o    analyze the contractual issues;
      o     find ways to resolve the disputes at your best interest either by way of settlement or by way of initiating a legal proceeding.
      o    Advise on dispute resolution methods
      o    Advise on the court jurisdiction and building litigation strategy for your law suit ;
      o    Draft petition and advise on court procedure ;
      o    Represent or defend clients at courts for commercial and civil disputes.

   •    Where your contract is found inequitable: we could help to find ground for your exist of the contractual obligations where permitted by laws.  This could be done by way of:
      o    early termination of the contract or
      o    making petition to declare the contract partially or entirely void as the case may be.

We are capable of advising various types of contract ranging from very common civil and commercials contracts such as loan agreements, franschising contracts, agency contracts, land/house purchase contract to the very specialized contract such as construction engineering contract, EPC contract and oil and gas EPC contract.