Commercial Contracts: Topic Cluster

Contracts are the foundation of every commercial transaction — and also where most corporate disputes arise. This topic cluster gathers ANT Legal’s articles, guides and services on commercial contracts: from drafting and review to dispute resolution. Readers may start from the overview page or go straight to the topic of interest.

Where to start

• Understand the overview: Commercial Contracts Topic Cluster — the legal framework system and main groups of work;
• Need a lawyer to draft/review a contract: Commercial Contract Consultation — contract types and clauses to check carefully before signing.

Drafting and reviewing contracts

A good commercial contract must clarify: the subject matter, price and payment method, schedule, breach penalties (not exceeding 8% of the value of the breached obligation under Article 301 of the Commercial Law 2005), damages, force majeure, contract termination and the dispute resolution clause. The limitation period for commercial disputes is only 02 years (Article 319 of the Commercial Law 2005) — shorter than the ordinary civil limitation period, so enterprises need to track the limitation period of each contract.

Deposits, loans and transactions with individuals

Many SME commercial transactions are in fact transactions with individuals: asset purchase deposits, business loans. The regulations on deposits (Article 328 of the Civil Code 2015) and the 20%/year interest rate cap on loans (Article 468) are the most disputed points. See Contract, Deposit and Personal Loan Consultation.

When the contract is disputed

• Commercial Dispute Resolution Consultation — the roadmap from negotiation to litigation;
• Disputes at Arbitration and Courts — choosing the resolution mechanism at the contract drafting stage;
• Disputes & Debts — recovering debts arising from contracts.

Frequently asked questions

Is a non-notarized contract valid?

Most commercial contracts do not require notarization — a contract takes effect when the parties enter into it lawfully. Notarization is only mandatory for certain types such as transfers of land use rights and housing.

Can I use a template contract from the internet?

Use it only as a reference. Generic template contracts often lack protective clauses specific to each transaction (breach penalties, damages, dispute resolution) — they should be reviewed and adjusted by a lawyer before signing.

Need to draft or review a contract, or facing a contract dispute? Contact ANT Legal via Hotline/Zalo 0966.475.966 for a lawyer’s advice on a suitable option.

This is ANT Legal’s navigation hub for commercial contract content. Article content is for general reference only.