COMMERCIAL CONTRACTS IN AGRICULTURE SECTOR VIEWED FROM
PRACTICAL BUSINESS ACTIVITIES AT NICOTEX JOINT STOCK COMPANY
Vietnam joined the World Trade Organization when it was a country with development of
agriculture as the main priority. Agriculture plays an important role Vietnam economy so
that promoting the development agriculture in the direction of industrialization and
modernization is an urgent issue of the whole society to keep up with other countries in the
region, integrate with modern agriculture in the world. In addition to plant variety in this
industry, the study of plan protection products-pesticides is also very concerned by all
individuals and organizations. Nowadays, pesticide manufacturing is growing, expanding
trading relationships with domestic and foreign partners to improve competitiveness in the
market. Therefore, understanding and mastering the agricultural regulations in general and
terms of contract of pesticide business in particular is always a top priority.
The thesis will delve into the regulation on commercial contract between domestic
enterprises. Commercial contracts is very important to ensure the legal safety of the parties
in the contract, to help the parties bind their obligations, ensure the rights and perform the
contract, limit the occurrence of disputes. Based on 2015 Vietnam Civil Code, the content of
the Contract should contain the following main contents such as the object, quantity and
quality, price and payment method, executive time and location, rights and obligations of the
parties, responsibilities for breach of contract, insurance terms, dispute resolution method,
force majeure term, and termination conditions. Compulsory conditions for effective civil
contract comprise of: subjects have legal personality and/or legal capacity, participants act
entirely voluntarily, intention and content do not violate against to prohibition of law or
contrary to social ethics, the forms shall be the conditions for its effectiveness in cases where
it is so provided for by law.
The scope of the study is to focus on synthesizing, systematizing as well as explaining the
theoretical issues of domestic purchase contracts, assess the advantages and limitations of
these laws, and propose solutions to further improvement. The research method is based on
the methodological basis of Marxism - Leninism, Ho Chi Minh's thought, the policies of the
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Party and State on law and judicial reform. At the same time, the thesis also uses a number of
research methods such as comparison, analysis and synthesis method, statistical method,
surveying method the practice in applying the law on contracts of domestic companies. The
purpose of the thesis is to propose solutions to help domestics companies improve application
of contract law in practice. In addition, the thesis also boldly gives personal views on the
limitations of the current law and from there, proposes solutions to build a legal system on
domestic sale and purchase contracts in general.
Reference source
 Legal Documents
Vietnam Civil Codes 2005, Commercial Law 2005, Enterprise Law 2014 , Law on
Investment 2014, Law on Environmental Protection 2014, and other related Decrees
and Circulars.
 Books and Magazines
1. Dr. Nguyen Hop Toan, editor (2012), Economic Law textbook, National
Economics University, Hanoi.
2. Dr. Mai Thi Anh Tuyet (2010), Solutions to stabilize the market of fertilizers
and pesticides in An Giang province, An Giang Science and Technology Journal,
No. 03, pp.2-6.
3. Pham Huu Nghi (1996), Contractual regime in the market economy in Vietnam
in the current period, Thesis of Associate Doctor of Science in Law, National
University of Social Sciences and Humanities, p. .45.
 Internet searching
1. Do Minh Tuan (2010), Force majeure events and some notes in practical
application, http://thongtinphapluatdansu.edu.vn
2. Nguyen Minh Duc (2011), Mechanisms and recommendations to improve
business dispute resolution by the Economic Court, http://moj.gov.vn/
3. MSc. Pham Thanh Binh (2013), Regarding the liability waiver in the contract,
http://thongtinphapluatdansu.edu.vn
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4. MSc. Nguyen Viet Khoa (2011), Sanctions for breach of contract under the
Commercial Law 2005, http://www.nclp.org.vn
Vu Thi Lan Anh