Instructions for drafting a sales contract form according to regulations

In the business process, signing goods purchase and sale contracts helps ensure transparency and fairness for individuals and businesses. So how to draft an accurate and complete sales contract form ? Let's find out with 1C Vietnam right in the article below!

1. What is a sales contract?

A sales contract is an agreement between the seller and the buyer, and is also the basis for determining the conditions and rights of the parties in the process of buying and selling goods.

In particular, the content of the sales contract will include terms agreed by the parties, expressing the rights and responsibilities of the parties in the contract. When drafting a sales contract, businesses need to provide all of the following information:

• Object, subject
• Product/service price
• Payment term and method
• Binding terms
• Rights and obligations of both parties
• Contract signing time
• Information security regulations
• Compensation provisions and penalties for breach of contract
• Article canceling or terminating the contract
• Dispute resolution provisions

2. Instructions for drafting detailed sales contracts

Drafting a sales contract is an important step in the transaction process to ensure the rights of the signing parties. Thereby, a sales contract needs to ensure accuracy, transparency and compliance with applicable legal regulations. Businesses can refer to how to draft a goods purchase and sale contract below:

2.1 Subject of the goods sale contract

According to the provisions of Article 431 of the 2015 Civil Code and Article 25 of the 2005 Commercial Law: The object of the sale contract is goods that are not banned from business (drugs, chemicals, minerals, samples). , people, wild animals, rocks, fireworks). Particularly for goods with restricted trading and goods with conditional trading as prescribed by the Government, the sale and purchase will only be approved when the goods and the buying and selling parties fully meet the prescribed conditions.

2.2 Form of regulations

In fact, a contract for the sale of goods can be made verbally, in writing or by specific conduct. However, for types of sales contracts that are required by law to be established in writing, notarized and authenticated, businesses need to comply with those regulations.

2.3 Terms in the contract

A goods purchase and sale contract is considered complete if it fully meets the following basic terms:

• Information of seller and buyer:

- Individual: Provide full name; Address; phone number; CCCD/Passport number, date of issue, place of issue; account number and transaction bank.

- Enterprise: Provide business name, tax code, head office address, phone number, fax, account number, transaction bank, representative information (full name, position, CCCD number /Passport, date of issue and place of issue).

- Main objects of the contract: Name of goods, quantity, weight, volume, size, quality, type, technical requirements, uniformity of goods.

- Price and payment method: Agreed and recorded in the contract by the parties.

• Price: Record unit price, total contract value, payment currency.
• Payment method: Can pay by cash or bank. If transferring money, you need to clearly state the transaction account information including: Account number, bank name, branch and beneficiary name.

• Delivery location and method: Both parties agree on the delivery location, whether delivery is one time or divided into batches.
• Contract term: Is the payment and delivery term. If this process is divided into several batches, the enterprise needs to clearly state the time of performance of the obligation for each delivery batch.

In addition, the contract also needs to clearly state the date, year, location of making the sales contract, the rights and obligations of the parties, warranty and instructions for use, some penalty clauses for breach of contract and dispute resolution clause.

Finally, to ensure the completeness and accuracy of the goods purchase and sale contract, the person making the purchase contract should note the following:

• Clearly state the conditions to ensure the quality of goods in terms of standard and regulation conformity.
• Specify the detailed price of each type of product, whether that price includes taxes and fees or not.
• The signing parties can add other terms to suit the actual situation of the business

3. Sample sales contracts according to the provisions of law

To help businesses establish sales contracts accurately and meet all legal conditions, 1C Vietnam would like to send businesses two popular sales contract samples today:

3.1 Simple sales contract form

Below is a simple sample sales contract fully drafted in accordance with current law, based on Civil Law No. 91/2015/QH13 and Commercial Law No. 36/2005/QH11 .

Download the simple goods purchase and sale contract form now: HERE .

3.2 Specialized goods purchase and sale contract form

This contract form is applied when the seller and buyer conduct transactions for specific goods that require preservation and have high value.

In particular, specialized sales contract templates are divided into 3 types: Personal goods purchase and sale contracts, international goods purchase and sale contracts and principle goods purchase and sale contracts.

• Sample contract for purchase and sale of personal goods

Download the personal goods purchase and sale contract form HERE now .

• Sample international goods sales contract

Download the international sales contract form now: HERE

• Sample contract contract for principle of purchase and sale of goods.

Download the contract form for purchasing and selling goods HERE .

4. Characteristics of goods purchase and sale contracts

A contract for the sale of goods will have common and unique characteristics, specifically as follows:

General features:

• The contract for the sale of goods is mutually agreed upon between the parties, in which the effective date of the contract will not depend on the time of delivery of the goods.
• In a compensation contract, when the seller delivers the product to the buyer, he or she will receive a payment corresponding to the product value.
• As a type of bilateral contract, both parties are bound by obligations and have the right to request the other party to perform their obligations. In particular, the seller's obligation is to hand over the product to the buyer and the buyer's obligation is to make payment to the seller.

Unique characteristics:

• For entities, the contract must be established between entities that are traders (legally established economic organizations, individuals operating independently or regularly with business registration). However, individuals and organizations that are not traders also have the opportunity to become subjects of goods purchase and sale contracts.
• For form: Contract forms can be made verbally, in writing or by specific actions of the contracting parties.
• Subjects: Goods include all current and future movable property, along with objects attached to land. However, in Article 25 of the 2005 Commercial Law, regulations have been added for goods whose business is restricted, banned from business, or subject to conditional business.
• For purpose: The parties signing the contract are traders, the common purpose is profit. In addition to traders, there are still organizations and individuals, then the purpose of making this contract will be for consumption, living or serving organizations.

5. Legality and responsibilities are specified in the sales contract

When making a goods purchase contract, businesses need to pay attention to the following legal factors and responsibilities to ensure the agreement process is transparent and effective:

Legal

• Initial agreement: The parties need to agree on the terms and conditions of the contract such as: Price, quantity, quality, time...
• Comply with legal regulations: The contract needs to comply with legal regulations on buying and selling and protecting the rights of both parties.

Responsibility

• The seller must ensure that the goods are delivered in accordance with the agreement stated in the contract, while the quality of the goods remains the same.
• The buyer must pay on time according to the agreement.
• If there are warranty terms, the seller needs to comply and be responsible for repairing and returning if the product does not meet quality standards.

Besides, if a dispute occurs during the contract implementation process, both parties can resolve it through mediation or the judicial system. To avoid unnecessary disputes, businesses need to carefully prepare sales contracts or seek the assistance of legal experts when necessary.

The above article has provided your business with content related to sales contracts as well as properly regulated sales contract samples . Through this, your business will better understand the concept, preparation, characteristics, legality and responsibilities so that the contract signing process can take place smoothly. To manage sales contracts well, businesses can use 1C:ERP solution. This is a comprehensive business management solution, developed on a low-code technology platform, providing many useful management modules. In particular, the solution will connect companies within the group and departments within the company together, while storing and synchronizing all data, optimizing operating costs for businesses. Contact 1C Vietnam now to experience the 1C:ERP solution!