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VIETNAM ACADEMY OF SOCIAL SCIENCES INSTITUTION OF SOCIAL SCIENCES NGUYEN THANH DINH CONTRACT FOR PURCHASE AND SALE OF AGRICULTURAL GOODS IN REALITY IN MEKONG DELTA Major: Economic Law Code : 9380107 SUMMARY OF THE DOCTORAL THESIS OF JURISPRUDENCE Ha Noi - 2020 The thesis was completed in VIETNAM ACADEMY OF SOCIAL SCIENCES INSTITUTION OF SOCIAL SCIENCES Supervisor: Assoc Prof PHAN TRUNG HIEN Reviewer 1: Assoc Prof NGUYEN NHU PHAT Reviewer 2: Assoc Prof NGUYEN THI VAN ANH Reviewer 3; Assoc Prof DUONG DANG HUE The thesis will be defended in front of the Academy-level Judging Council at: At: date month year The thesis can be found at: THE AUTHOR'S WORKS RELATED TO THE THESIS TOPIC HAVE BEEN PUBLISHED Nguyen Thanh Dinh (2018), Legal framework of the sales contract for agricultural products, Industry and Trade Magazine number – April/2018 Nguyen Thanh Dinh (2018), Participant in the sales contract for agricultural products, Industry and Trade Magazine number 10 – July/2018 INTRODUCTION The urgency of the topic Contracts are a legal instrument to perform transactions and sales of products in general and agriculture products in particular The actual implementation status of sales contract for agriculture products shows that farmers, traders and enterprises are lack of respect to their commitments The frequent trust disrespect has led to the gradually lost of credit and the efficiency of production and consumption of agriculture products There are many reasons for the above situation, but this is partly due to the timely adjustment of current laws In the current context of economic globalization, the delay of improvement in terms of both legal and policy institutions may hinder the production and consumption of agricultural products The improvement of the law on sales contract for agricultural products will contribute to the foundation of a legal framework to accelerate the process of signing and implementing contracts in a positive way, protecting the rights and interests of the parties contributing to the stable production and consumption of agriculture products The research "Sales contract for agricultural products in practice in the Mekong Delta these days" aims to contribute to the completion of the theory and law in signing and implementation of the sales contract for agricultural products Aims and objectives of the research This thesis aims at providing arguments on theory and practice, in order to improve the law on sales contract for agriculture products in Vietnam and to provide solutions to enhance the effectiveness of the implementation of the law on sales contract for agriculture products and practice in the Mekong Delta In order to achieve the research aims, this thesis proposes these following objectives: - Employing an overview of the research situation related to the sales contract for agricultural products to point out achieved results and the issues for further study - Clarifying the theoretical issues on the sales contract for agriculture products such as: Concept, characteristics, content of terms, form of the contract, governing law and its principles, conditions for contract signing, legal factors affecting the sales contract for agriculture products - Studying legal experience relating to sales contract for agriculture products in some countries in the world to evoke experiences for Vietnam - Studying the current status of the legislation through the implementation practice of sales contract for agriculture products in the Mekong Delta these days whilst pointing out the limitations and causes of those limitations - Analyzing requirements in order to improve the law on sales contract for agriculture products in Vietnam, proposing solutions to enhance the implementation efficiency in the Mekong Delta in the near future Subject and scope of the research The research object of this thesis: legal issues related to the sales contract for agriculture products The scope of this research: The scope of the research is limited to legal issues related to the sales contract for agriculture products, which focuses on researching the issues of signing and implementing the sales contract for agriculture products and not studying other issues Research methodology The thesis employs research methods such as: synthesis method; legal analysis method (traditional law research method); direct interview method; analyzing practical situations method; law comparison method; interpretive research method, inductive research methods to resolve the issues and tasks given by the thesis New contributions of the thesis Firstly, Systematically research on scientific theories concerning civil contracts and commercial contracts, then develop into further research on the specific characteristics of the relationship of sales contract for agriculture products Secondly, Comprehensive assessment of the actual situation of signing and implementation of sales contract for agriculture products through practice in the Mekong Delta in the recent years, showing the shortcomings, limitations and inadequacies of the current legislation governing the relationship of sales contract for agriculture products Thirdly, Proposal of scientific requirements and solutions to overcome shortcomings in signing and implementation of the sales contract for agriculture products these days Proposal of solutions to improve the law on the sales contract for agricultural products and enhance the effectiveness and efficiency in the Mekong Delta Scientific and practical significance of the thesis - Scientific significance: This thesis is a scientific work that contributes to supplementing the legal theory on the sales contract for agricultural products It clarifies the legal concepts, the relationship among the sales contract for properties, sales contract for products and the sales contract for agriculture products and the relation between the legal observance and the legal awareness in drafting and implementing the sales contract for agriculture products This thesis supplements the research activities of the sales contract in general, which is the basis for building and improving the law on the sales contract for agriculture products in Vietnam in the future - Practical significance: In the context that the law enforcement regarding sales contract for agricultural products is still ineffective, the frequent contractual violations occur place considerable effects on the production, consumption and export process of agriculture products; thus, exists a demand for law improvement to enhance the effectiveness of the implementation of sales contract for agricultural products This thesis contributes its part to the development and improvement of the law on sales contract and sales contract for agricultural products, hence ensures the implementation of sales contract for agricultural products in the Mekong Delta with high efficiency whilst overcoming the existing shortcomings Structure of the thesis In addition to the introduction, the conclusion and the appendix, the content of this thesis consists of chapters as below: Chapter Overview of the research situation, theoretical basis and research methods; Chapter Theoretical issues about agricultural products and sales contract for agricultural products; Chapter Current situation of Vietnamese legislation on contract signing and implementation of sales contract for agricultural products and practice of implementation in the Mekong Delta in the recent years; Chapter Solutions to improve the law on contract signing and implementation of sales contract for agricultural products and to enhance the implementation efficiency in the Mekong Delta Chapter OVERVIEW OF RESEARCH SITUATION, THEORY BASIS AND RESEARCH METHODS 1.1 Overview of research situation Countries around the world and some Asian countries, including Vietnam, have paid attention to contracts in agriculture Most studies focus on an economic perspective to enhance the value of agricultural production associated with the livelihoods of farmers in developing countries A number of international and Vietnamese organizations and researchers have had legal studies related to contractual relations in production and consumption of agricultural products 1.2 Assessment of the research situation related to the thesis 1.2.1 Achievements of research activities Firstly, agricultural contracts are always concerned by many countries and Vietnam, often aiming to improve the value of agricultural products and increase farmers' income Secondly, sales contracts of agricultural products are often considered in the legal perspective on civil and commercial contracts and the outstanding feature is the information asymmetry between a farmer as a party and an enterprise as the other party Thirdly, sales contracts of agricultural products currently exist in various forms and are frequently affected by many factors such as: legal institutions; customs and habits, social institutions, legal awareness; law enforcement capabilities etc which are mentioned on different levels Fourthly, legal instruments to ensure contract performance are still limited, causing damage to the participants, mainly farmers, the disadvantaged groups in the agricultural products sales and purchase relationship Fifthly, many theoretical and practical issues on sales contracts of agricultural products in the country are currently unresolved Sixthly, In Vietnam, the law regulating the sales contracts of agricultural products is normative low and non-binding Contract disrespect has become common, hampering contract performance 1.2.2 Issues need to research and find solutions - It is necessary to improve the conceptual and conceptual theory system of sales contracts of agricultural products; - The law of Vietnam has not clarified the peculiarities of sales contracts of agricultural products in the relationship with property sales contracts and goods sales contracts - Respect for the implementation of sales contracts of agricultural products is not guaranteed, which raises the issue of the sense of law observance and the enforcement of the law - It is necessary to complete the law on sales contracts of agricultural products in accordance with the current transaction conditions 1.3 Basis of research theory and research methods 1.3.1 Basis of research theory The research question is: - What are the legal concepts and characteristics of sales contracts of agricultural products to distinguish them from other goods sale contracts? - What factors affect the amendment of the law on sales contracts of agricultural products? How is the legal relationship on sales contracts of agricultural products prescribed? - What is the current status of law enforcement on sales contracts of agricultural products in Mekong Delta? - How are the current inadequacies in law and practice of implementing the sales contracts of agricultural products overcome? The research hypothesis is set as: - The legal theoretical basis for sales contracts of agricultural products should be studied comprehensively - The current situation of sales contracts of agricultural products in Vietnam in general and in the Mekong Delta in particular still has many problems and inadequacies from the law to implementation - It is necessary to find solutions to perfect the law and improve the effectiveness of the implementation of sales contracts of agricultural products in the coming time The thesis uses the following research theories: - The thesis uses the general theory of contract as the leading throughout in solving the issues of the thesis; Risk theory in general and risks in agricultural activities in particular; The theory of protecting the weak in relation to the strong in order to ensure social justice; Asymmetrical Information theory shows the accessibility and transparency of information among contracting participant; Game theory aims to explain the opportunistic behaviors of participant involved in agricultural contracts 1.3.2 Research Methods The thesis uses research methods such as: Multidisciplinary approach to legal economics, combining theory and practice; Methods of analysis, synthesis and comparison of jurisprudence; Methods of analysis, comparison and synthesis are most used in the thesis The thesis is made on the basis of dialectical materialism and historical materialism, based on the guidelines and policies of our Party and State on judicial reform in the current period Chapter THEORETICAL ISSUES ABOUT AGRICULTURAL GOODS AND LAW ON SALES CONTRACTS OF AGRICULTURAL PRODUCTS 2.1 Overview of agricultural products Vietnamese law recognizes the concept of "goods" and "agricultural products" inconsistently and without specificity However, the concept of "goods" in the current legislation also does not exclude living things such as animals and plants and includes animals, plants that have not yet been formed, are about to be born, and crop products formed in the future In term of the view of "agricultural products", the author agrees with the WTO, including basic agricultural products such as rice, coffee, pepper, cashew nuts, fresh vegetables, etc., is suitable for the research subject of the thesis 2.2 Awareness of trading contracts of agricultural products in the world and in Vietnam - The order of entering into a sales contract of agricultural products must not be contrary to the general principles of contractual conclusion; - Participant in a conclusion often have an imbalance in information dominated by buyers Therefore, the law practice of nations follows the tendency to protect producers 2.4.2.2 Performance of sales contract of agricultural products In order to implement the a sales contract of agricultural products, participant must be obliged to perform acts in order to make the terms and contents committed in the contract become reality Obligations in the sales contract of agricultural products are usually divided into two main groups: 1) The corresponding obligation group is directly related to the output of the product and 2) The obligation group is related to the production and consumption process 2.4.2.3 Breach of sales contract of agricultural products The correct and complete implementation of the sales contract of agricultural products depends greatly on the attitudes and behaviors of the parties A breach of contract may be an act of intentionally not fulfilling the obligations of selling price, delivery, delayed receipt or non-payment etc or in an unintended case due to being influenced by outside factors reducing or losing the ability to perform the contract (force majeure event or when the circumstances for contract performance are substantially changed) 2.5 The law source regulates a sales contract of agricultural products In general, different countries around the world have approached the adjustment of agricultural contracts in different ways depending on the legal tradition and the process of application of the law However, the Civil Code still plays a role as an important framework law to consider arising issues In Vietnam, the Civil Code applies to most types of contracts, besides the Commercial Law and agricultural contract law can be applied directly 10 However, in specific legal situations the adjustment may be extended to other specialized laws 2.6 Factors governing the law on sales contracts of agricultural products Factors that governing the law on the sales contract of agricultural products may be customs, commercial habits in each region or locality or risk factors for contract performance such as risks in production or consumption market of agricultural products 2.7 Legal experience of countries in governing sales contracts of agricultural products The thesis has studied the legal experience of some countries that have quite successfully implemented in policies and regulations on agricultural contracts such as Thailand, Indonesia, or developed agricultural countries such as the United States, China Conclusion of chapter In terms of awareness, a sales contract of agricultural products is usually placed in the relationship of an agricultural contract or a production association contract When viewed from the perspective of the relationship of property, good sales contract, national laws are largely governed by the Civil Code or Commercial Law, some countries may govern differently, but Civil Code and Commercial Law are still the basic source The sales contract of agricultural products is a special type of goods sales contract because of the particular characteristics of the form, object, obligations, purposes, legal relationship of the participants in the contract In the sales contract of agricultural products, farmers are the majority, but they are economically disadvantaged and limited in information and the other parties are often the merchants or businesses with economic potential and information advantages This is a very specific legal relationship that strongly governs the outcome of the contract performance 11 Factors such as customs, commercial habits or production risks and market risks are the major issues that regularly govern the outcome of the sales contract of agricultural products Some countries in the world have successfully implemented policies and legal regulations on agricultural contracts, which have suggested many lessons and experiences for Vietnam in governing and implementing laws Chapter CURRENT SITUATION OF VIETNAMESE LEGISLATION ON CONTRACT SIGNING AND IMPLEMENTATION OF SALES ONTRACT FOR AGRICULTURAL PRODUCTS AND RACTICE OF IMPLEMENTATION IN THE MEKONG DELTA IN THE RECENT YEARS 3.1 Current situation of Vietnamese legislation on contract singning and implementation of sales contracts for agricultural products 3.1.1 Current legislation adjustment on sales contracts for agricultural products For a long time, the State has been trying to promulgate a number of documents adjusting the relationship involving in sales contracts of agricultural products such as Decision 80/2002/QD-TTg, Decision 62/2013/QD-TTg and the most recently was Decree 98/2018/ND-CP However, these documents seem not bo bring effective results yet, the adjustment is still a policy encouraging cooperative development, which is the reason for the current risky and inadequate relationship between production and consumption 3.1.2 Current legislation situation on ways of signing sales contracts for agricultural productse 3.1.2.1 Verbal contract: 12 The verbal sales contracts for agricultural products only shows the issues of interest at the time of agreement The belief is the decisive factor affecting to the outcomes of the contract 3.1.2.2 Written contract: The written sales contracts for agricultural products from simple to complex documents are often employed by enterprises trading agricultural products in consumption or in export Contracts may be drafted according to a form available for transactions for many customers with the same trading regulations These days, the form of contract is not bound by the requirements to be notary, authentication or disclosure, registration 3.1.2.3 Contract by specific acts: The form of signing a sales contract for agricultural products by specific acts can be executed by approving the harvesting acts of the buyer or trader with payment to be settled at the same time In fact, this is also the form of the contract which results in many risks 3.1.3 Current situation on procedures for signing sales contracts for agricultural products 3.1.3.1 Proposal for signing of sales contract for agricultural products Regarding sales contract for agricultural products that can be delivered immediately, stages such as offers, negotiations or proposals may not exist explicitly The proposal for consumption of agricultural products usually comes from the needs of the enterprises trading agricultural products Farmers will usually receive the consumer's request according to the production cycle The problem is that whether the farmers have enough capacity to understand the full contents of the offers and whether the offer will bring benefits the producers 3.1.3.2 Acceptance to sign a sales contract for agricultural products Given that the population in our agricultural production area has limited ability to understand the terms of the contract, it is a popular 13 obstacle to contract signing The signing of contract in the condition of incomplete information is a mistake, the contract may be invalid pursuant to the Civil Code Law For this moment, there is no specific legal support measures for farmers prescribed by the laws, on the contrary, there is a law that has multi-faceted support for enterprises (Law 04/2017/QH14) Contracts are based on standard samples are usually applied by consumers The application of a standard contract form does not mean a form of model contract prescribed by the Civil Code Law 3.1.3.4 Contents of basic terms of sales contract for agricultural product a) The object of the contract: is the parameters of quantity and quality, product specifications of agricultural products The requirements for standards of product quality of the market are increasing b) Prices and payment methods are the decisive factors to the effectiveness of the contract, depending on the fulfillment of the contractual obligations c) Delivery of agricultural products is an important time to determine the outcome of the contract, usually associated with the harvest time of the product In addition to the basic terms, the contract may have optional agreements to supplement the contractual rights and obligations 3.2 Practice of the signing and implementation of sales contract for agricultural products in the Mekong Delta in recent years 3.2.1 Characteristics of agricultural products transaction in the Mekong Delta - Agricultural products are seasonal but transactions are continuous - Agricultural products entering the market must go through intermediate steps, causing high costs 14 - Transactions are established based on trust and private order - Trading of agricultural products goes beyond the scope of the Mekong River Delta region to countries around the world 3.2.2 Signing a sales contract for agricultural products in the Mekong Delta these days 3.2.2.1 The subjects of the sales contract for agricultural products The subjects participating in the sales contract for agricultural products are very diverse, their position in the market may also vary from the position of seller to the position of buyer or vice versa, depending on their roles the market, the key subjects include: - State or legal entity, organization of the State - Commercial enterprises - Co-operatives and production households - Co-operating group, private trader - Traders; - Supply chain members, production links 3.2.2.2 Form of signing sales contracts for agricultural products Mekong Delta farmers prefer to make agreement with simple procedures to avoid complicated legal provisions Forms of basic sales contracts for agricultural products and Production and Consumption Contract are often used by processing or exporting enterprises However, the parties are not fully aware of the nature of the contract that results in an unsuccessful organization Floating markets in the Mekong Delta are a specific form of transaction The agreement is verbal and made on the basis of the word "trust" 3.2.3 Current situation of implementation of sales contract for agricultural products in the Mekong Delta - In terms of selling prices, agricultural products’ prices are hard to determined, depending on factors such as production cost, market price and 15 standard of each product There are two basic methods of calculating prices: fixed and non-fixed prices - In terms of payment: Traders often use the deposit method (30% to 50%) and settlw the remainder after finishing the harvest Farmers often break their commitment to enterprises to deal with traders due to the downpayment and timely settlement - The force majeure risks are not paid due attention When a force majeure event occurs, the handling is also not compliant with the law Implementing the contract with changed basic circumstances is the new provisions of the Civil Code Law that is still quite strange for not only enterprises but also law enforcement organizations - Actual situation of breach of the sales contract for agricultural products in the Mekong Delta takes place in all forms of signing, namely these following acts: + Violating the contract when there is a price fluctuation + Violating the contract due to failure to comply with the agreement on product quality and specifications + Violating the contract due to failure to perform delivery obligations, receive products + Violating the contract due to late payment, not following the payment deadline + Violating the contract due to a force majeure event and the contract performance situation are fundamentally changed + Violating the contract due to legal awareness - In case of a dispute, the procedural solutions are often unsuitable for agricultural products because of their potential for loss and degradation in a short time On the other hand, it is costly and time-consuming, but the effect is not high, so both farmers and consumers often choose to abandon their partners and not continue to trade next time 16 The damaged farmers may sue enterprises for compensation But enterprises often not intend to sue farmers, because suing thousands of production households is a completely different matter, both expensive and the ability to fulfill the obligation to pay compensation is low 3.3 Comments on the current legislation situation and the practice of signing and implementing sales contracts for agricultural products in the Mekong Delta 3.3.1 Regarding the current legislation situation on sales contract for agricultural products - Vietnamese legislation tends to regulate contractual relations with the Civil Code Law and the Law of Commerce, but due to the generalization of the law, it is difficult to specifically address many issues arising in the relationship of sales contract for agricultural products - The form of signing a sales contract for agricultural products is similar to the provisions on the transaction form in the Civil Code Law and the Law of Commerce Verbal contracts are quite adaptable to the requirements of agricultural products transactions due to their convenience and speed Written and electronic contracts are becoming more and more popular regarding basic sales contract for agricultural products and Production and consumption contracts - The law of our country currently has no specific provisions to limit the information imbalance in the signing of sales contract for agricultural products - Regarding the subject of the contract, it is difficult to distinguish the ownership of agricultural products with the participation of factors of cooperation and investment in production co-operation 3.3.2 On the actual status of signing and implementing sales contracts for agricultural products in the Mekong Delta - In the relationship of sales contract for agricultural products, the role of enterprises has a decisive factor in the Regional market Enterprises are 17 strongly influenced by profits, which can lead to commercial acts that cause loss to producers - Legal entities such as households, co-operative groups, traders, private traders are important in transactions in the Mekong Delta - The imbalance of market information has a great influence on the production results and consumption, economic benefits of farmers - Regarding the legal form of the sales contract for agricultural products, there is a lack of attention of the involved parties, when there is a dispute, there are often insufficient legal grounds to protect the legal party - The poor ability to enforce the sales contract for agricultural products has affected the legal awareness and the observance of law by the participants - Participants have no awareness of contract respect Naturally noncompliance with the contract can be considered as a legal phenomenon of concern - Regarding enterprises, the poor ability to sign, draft and manage the contract performance is also the causes leading to disrespect to the contract - In case of a dispute, the parties often choose the mechanism of selfsettlement, overlooking legal solutions The cause of this situation is that the Mekong Delta is maintaining a perfectly competitive market, encouraging self-resolution settlement without legal instruments Conclusion of Chapter Several negative and inadequate factors exist in the relationship among the parties involving in sales contract for agricultural products in the Mekong Delta The State has issued a number of legal documents in order to adjust them but the results of implementation are not effecient The Mekong Delta host a diverse range of participants, with varied forms of transactions Research has shown that violations still occur frequently, but the lack of handling attention combined with poor law enforcement mechanisms have made legal solutions ineffective in practice 18 Chapter SOLUTIONS TO IMPROVE THE LAW ON CONTRACT SIGNING AND IMPLEMENTATION OF SALES CONTRACT FOR AGRICULTURAL PRODUCTS AND TO ENHANCE THE IMPLEMENTATION EFFICIENCY IN THE MEKONG DELTA 4.1 Requests to improve the law on sales contract, enhance the effectiveness and efficiency of the implementation of the law on sales contract for agriculture products - To complete the law on sales contract, enhance the effectiveness and efficiency of the implementation of the law on sales contract for agriculture products pursuant to the viewpoints for agricultural and rural development of the Party and the State - To improve the effectiveness and efficiency of the implementation of the implementation of the sales contract for agriculture products is the basis for completing the legislation on contracts and sales contracts for products 4.2 Solutions to improve and enhance the effectiveness and efficiency of the implementation of sales contract for agriculture products The improvement of the law on sales contract for agriculture products shall involve the completion of the legal framework on adjustments to sales contract for agriculture products A Law governing sales contract for agriculture products is necessary There are two options of adjustment by law: Firstly: Promulgating the Law of Agriculture, prescribing specific articles regulating the relationship of sales contract for agriculture products Secondly: Amending the Civil Code Law dated 2015 by supplementing an item in Chapter XVI "several commonly used contracts" stipulating the sales contract for agriculture products Solutions to adjust the law on the legal status of participant in sales contract for agriculture products 19 - Improve the legal framework on the organization and operations of cooperative groups - The law should clarify the concept and regulate the activities of traders Measures to improve the effectiveness of the implementation of the on sales contract for agriculture products in the Mekong Delta: - Improve the contract performance by raising the awareness of law observance and the serious implementation of the contract - Improve the dispute resolution measures for sales contract for agriculture products by encouraging dispute settlement through conciliation negotiation and dispute resolution by the court in a shortcut and simplified manner + Improve the efficiency of negotiation and conciliation + Resolve disputes through suing in court as a solution Legal guidance is necessary to improve the capacity to enter into agricultural contracts The important notes, relevant necessary provisions to be supplemented, clarified when negotiating and signing a sales contract for agriculture products: Provisions related to overcoming risks such as: a) Handling of force majeure circumstances or cases in which the contract performance changes substantially; b) Preventing contract violation by applying contract performance assurance; c) Preventing contract breaks due to fluctuating market prices Terms are often incomplete or contain the potential for little attention in drafting a contract a) Lack of clarity in pricing b) The agreement on quality is not clear c) Terms for unilateral termination of a contract 20 d) Privacy terms are not in accordance with the law Conclusion of Chapter The requirement to complete the law on sales contract for agriculture products shall be in accordance with the viewpoints for agricultural and rural development of the Party and the State; simultaneously, the improvement of the sales contract for agriculture products is the basis for completing the legislation on sales contracts for products in general This thesis proposes the solutions to improve the effectiveness and efficiency of the implementation of the law on sales contract for agriculture products, which is to complete the legal framework governing the relations of the sales contract for agriculture products This thesis proposes many specific solutions to improve the effectiveness of the law on sales contract for agriculture products Besides specific legal guidance to improve the ability to negotiate for contract singning, thereby strengthening the ability to perform the contract CONCLUSION The rapid development of agriculture in recent years not only ensures the lives of the people but also enhances the position of agricultural products from Vietnam in the international market, contributing to the improvement of living standards of agricultural residents including farmers in the Mekong Delta Contract is the main legal instrument in transactions of agricultural products, playing a fundamental and important role in increasing product value as well as developing production, consumption and export of agricultural products in our country and the Mekong Delta In addition to the economic results brought by contractual transactions, agricultural activities in general and commercial transactions of agricultural products include risks and limitations In which, the important reason is that the 21 organization, law implementation and the awareness of law observance of the subjects participating in the sales contract for agriculture products are still limited and inadequate In theory and practice, based on the study of existing concepts about agricultural products and concepts of civil contracts, sales contracts, the author has constructed and completed the concept and legal contents of the sales contract for agricultural products The systematization of theoretical basis to study the characteristics, legal forms, legal contents in signing and executing contracts This thesis also clearly analyzes the sources of adjustment of laws and the factors that govern the performance of agricultural products transactions through current laws and practices in the Mekong Delta Learning from the experiences of countries in the world such as countries with developed agriculture such as the United States, China and countries with close agricultural activities to Vietnam such as Thailand, Indonesia The author has also referred to legal experiences on contracts of countries around the world to apply to research for the completion of the law on sales contract for agricultural products in Vietnam The current situation of law adjustment regarding sales contract for agricultural products is based on the basic principles of the Civil Code Law and the Law of Commerce The Civil Code Law prescribes general ground rules for civil and commercial relationships The Law of Commerce specifically regulates sales contracts, yet many important issues on sales contract for agricultural products have not been solved in time such as: Adjustments of Law of Commerce still lack of details, hence are not suitable with the contractual relationship in agriculture Contents and forms of contract performance have not been given due attention Many issues regarding the contents of the contract have not been properly regulated, leading to the lack of a basis for the parties to perform or resolve the contract in case conflicts or disputes arise These restrictions hinder the 22 execution and performance of the contract, which is part of the cause of the frequent contract violation which is not resolved these days The relationship of sales contract for agricultural products in the Mekong Delta region exist through varied transaction forms Research has shown that there is still a big gap in the sense and habit of contract signing, contract execution and respect to articles prescribed in the contract of the parties Simple forms and content of contract signing are prevailing The contract is freely and arbitrarily established based mainly on the trust so the contractual violations have continuously occurred in the recent time in the Mekong Delta In case of a contract violation, the parties are lack of the interest to handle disputes, and poor law enforcement mechanisms have made the legal solutions not effective in practice Arising from the actual legislation status, the implementation of the sales contract for agricultural products in the Mekong Delta these days, the thesis has set out the requirements to improve the law on sales contract for agricultural products: Improving the law on sales contract for agricultural products and improving the effectiveness and efficiency of implementation must be consistent with the viewpoint on agricultural and rural development of the Party, thereby creating a basis for improvement of the law on sales contract in our country these days In addition, the thesis also proposes solutions to improve the law on sales contract for agricultural products: Completing the legal framework and ensure the adjustment of laws and legal status of the subjects participating in sales contract for agricultural products, as well as improving solutions to resolve disputes and contract violations Improving the law on sales contract for agricultural products, in which it is necessary to promulgate the Amending Law on sales contract for agricultural products in order to timely adjust specific relations in agricultural activities in general and sales contract for agricultural products in particular 23 The requirement to improve the laws on contracts shall be associated with the raise of legal awareness and observance of laws of the individuals and enterprises participating directly in the contract and also state agencies for law enforcement In order to make the law on agricultural goods trading contracts come to life and to solve existing issues arising in the Mekong Delta, legal guidance on the sales contract for agricultural products in order to raise the legal awareness for the participants when drafting, signing and implementing contracts In conclusion: It is imperative to improve Vietnamese laws on contracts for agricultural products as soon as possible This improvement must be conducted based on the requirements arising from the theoretical basis and practical conditions for the implementation of the sale contract for agricultural products in Vietnam for this moment The improvement of the law on sales contract for agricultural products shall be based on the respect of the nature of the contract, on the principles of the Civil Code Law 2015 to ensure the consistency of the entire contract legal system The thesis aims at solving basic issues regarding sales contract for agricultural products, thereby offering solutions based on the consistency and logic of these issues However, since the research subject is new and sophisticated, it is unlikely to avoid the limitations with the efforts of the author The most considerable drawback is the actual access to the process of negotiating and executing contracts In addition, the research process also encountered many obstacles in collecting information, analyzing data, finding out the results of contractual violation, receiving and settling cases related to the sales contract for agricultural products at the competent authorities With these limitations, the studies in this thesis is believed to serve as the basis for more favorable and more successful follow-up studies./ 24 ... HAVE BEEN PUBLISHED Nguyen Thanh Dinh (2018), Legal framework of the sales contract for agricultural products, Industry and Trade Magazine number – April/2018 Nguyen Thanh Dinh (2018), Participant... For a long time, the State has been trying to promulgate a number of documents adjusting the relationship involving in sales contracts of agricultural products such as Decision 80/2002/QD-TTg,... The belief is the decisive factor affecting to the outcomes of the contract 3.1.2.2 Written contract: The written sales contracts for agricultural products from simple to complex documents are often