Thuyết trình hợp đồng mua bán ngoại thương sale contract

Group 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 Theory Contrasting between sale contract in the country and foreign trade Real situation (problem) and solution Question Group I Theory Definition of sale contract Roles of sale contract Contents and form of a sale contract The contract provisions Group I Theory 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 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 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: The contract for purchase and sale of goods are expressed verbally, in writing or established by specific behavior 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 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 Sale contract Group I Theory Group Sale contract Group II Contrasting between sale contract in the country Group 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 III Real situation (problem) and solution: Problem Problem Solution Solution ⁃ Disagreement language -> misunderstood terms in ⁃ Focus accurate translation in both 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: Why have divided into "foreign trade contract" and "domestic sale contract " Group (depend on Law of Commerce 2005)? If the object of "land sales contract" is a foreigner, can be accepted this contract? When will the international practices on trade be applied? In addition to text messages, what type of data practical foreign trade contract admit? Thanks for listening! ... between sale contract in the country and foreign trade Real situation (problem) and solution Question Group I Theory Definition of sale contract Roles of sale contract Contents and form of a sale contract. .. terms sale contract and “letter of credit” I Theory 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. .. Theory Sale contract Group I Theory Group Sale contract Group II Contrasting between sale contract in the country Group and foreign trade: • The same • The difference between purchase and sale contracts