Social networks are used more and more in concluding contracts for the sale of goods. However, the reality of this issue has many shortcomings because the legal framework governing the form of a contract in entering into a contract through social networks is incomplete. Apolo Lawyers (Tel: (+84) 903.419.479) would like to analyze the form of a contract for the sale of goods in commercial business via social networks.

1. What is the form of a contract for the sale of goods in commercial business?

The form of a contract is the outward expression of the contract content, including the synthesis of ways, procedures and means to express and announce the will of the parties, record the contract contents and represent the indicates the existence of the contract.

The form of a contract for the sale of goods is expressed orally, in writing or established by specific acts.

2. What is the form of a contract for the sale of goods in commercial business via social networks?

Based on electronic means, the expression of data messages is in the form of electronic data exchange, electronic documents, electronic mail, telegram, telegraph, fax and e-commerce sites. It is a written transaction.

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Forms of contracts for the sale of goods in business and commerce via social networks

3. Some issues in entering into business and commercial goods sale and purchase contracts

Current law does not stipulate that the contract of sale of goods in business and commerce through social networks is a written form. However, we can consider social networks as a means of conveying information, images, documents, and contracts for the sale of goods in business and commerce.

According to Clause 1, Article 401 of the 2015 Civil Code, the contract shall take effect from the time of signing unless otherwise agreed upon or provided by relevant laws.

With this provision, Vietnamese law simultaneously recognizes two different types of time, the time of signing and the time when the contract takes effect. However, until now, the determination of the time of conclusion and the effective date of the contract in the case of a contract for the sale of goods in business and commerce is concluded via social networks. The above makes it difficult for the parties to the contract if there is a dispute.

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Forms of contracts for the sale of goods in business and commerce via social networks

4. The scope of work of Apollo Lawyers includes:

Apolo Lawyers is confident in providing Clients with optimal and effective legal service,  including the following:

• Consult the law provisions and the application in practice related to the terms in all kinds of contracts of enterprises;

• Drafting the contract based on the requirements of the enterprise and by the law, ensuring maximum benefits for the customer and balancing the interests of the parties in the contract;

• Appoint a lawyer to advise and join the business in the progress of negotiating contracts with partners;

• Legal assessment of contents of the draft contract of the enterprise with its partners according to the requirements of the enterprise and according to the provisions of law;

• Check the content, review and edit the contract offered by the partner;

• Drafting necessary contract terms, negotiating with partners to protect the important terms and ensuring the legal rights of businesses.

Apolo Lawyers is proud to be a law firm with many years of experience in business consulting that will support clients in the field of commercial contracts. In case you need advice related to a commercial contract, please contact us via email at contact@apolo.com.vn or Hotline – (+84) 903 419 479 for the best advice and support.

APOLO LAWYERS