The domestic rice purchase and sale contract, also known as the domestic market, is a document used by individuals and organizations to record agreements on the purchase and sale of domestic rice production. The property delivered to the buyer is rice, and the buyer pays the local/domestic seller. Unlike import-export contracts, domestic contracts are much simpler and less bound by taxes, fees, charges, standards and quality regulations in countries where the parties agree to the contract. and legal documents at the time of signing must also comply. Join Lawyer X to learn about the new domestic rice purchase contract in 2022.
Legal grounds
- Civil Code 2015
- Commercial Law 2005
What is a domestic rice purchase and sale contract?
According to Clause 2, Article 3 of the Commercial Law 2005:
“Goods include:
a) All types of movable property, including movable property formed in the future;
b) Things attached to the land.”
Rice is a commodity, so a contract for the sale of rice is a contract for the sale of goods.
Commercial law does not provide a definition of a contract for the sale of goods in commerce, but the concept of a contract for the sale of property in civil law can be used to determine the nature of a contract for the sale of goods. According to Article 430 of the Civil Code 2015: “A property sale and purchase contract is an agreement between parties whereby the seller transfers ownership of the property to the buyer and the buyer pays the seller.” A contract for the sale of goods has a narrower scope than a contract for the sale of property.
A domestic rice sale and purchase contract is an agreement between a buyer and a seller on terms and conditions, the buyer will pay the seller according to the price agreed in the contract.
Basic contents of the rice purchase and sale contract
Signatory: has full behavioral and legal capacity; for organizations and individuals to sign contracts, they must be authorized representatives to sign contracts
Contract object:
Standards of rice: Rice purchased and sold has a quality that meets the TCVN for each type of rice
Preservation: preservation process, preservation method to ensure the product reaches the quality assurance partner
Quantity: it should be noted how the volume is calculated in different regions
Packaging: Intellectual property rights to the brand
Price and payment: the parties agree specifically on the contract value (included and excluded) and payment method and payment term.
Shipping and delivery of goods:
The parties specifically agree on the delivery location, delivery time, inspection of goods before delivery
Rice is one of the specific products that need certain preservation methods to ensure quality; therefore, the parties need to clearly agree on the mode of transportation and how to preserve the rice during transportation; transportation costs as well as risks during transportation and the responsibility of the parties.
Return goods when not quality
Taxes, fees, charges: taxes, fees and charges that need to be paid when signing the contract, which party is responsible for paying
Rights and obligations of the parties
Penalties for violations when one of the parties violates an obligation
Risk: note the time when the risk occurs; In the event of a mishap, which party will be responsible?
Contract termination: cases of contract termination; Note the case of unilateral termination of the contract and responsibility when one of the parties arbitrarily terminates the contract.
What are the characteristics of domestic rice purchase and sale contracts?
A contract for the sale and purchase of rice is an agreement contract: at the time the parties have agreed on the basic terms, the effective time of the contract does not depend on the time of handing over the goods, the contract is considered to have been completed. The delivery of the goods is considered only as an act of the seller to perform the obligations of the contract of sale that has been in force.
Compensatory: when the seller fulfills the obligation to deliver rice to the buyer, he will receive from the buyer an amount equivalent to the value of the goods as agreed.
It is a bilateral contract: each party in a rice purchase and sale contract is bound by obligations towards the other party, and at the same time has the right to require the other party to perform his/her obligations.
What is the purpose of the domestic rice purchase and sale contract?
A domestic rice sale and purchase contract is an agreement between a buyer and a seller, where the seller agrees to sell and the buyer agrees to buy and pay. The contract meets the supply and demand of both, which is the basis for recording the agreement of the buyer and the seller.
A contract is an assurance that two parties properly perform their rights and obligations, the performance of obligations of one party ensures the rights and interests of the other party.
A contract is a legal basis that records the basis for dispute settlement between two parties in the event of a dispute.
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Guidelines for drafting contracts
Both parties need to fill in all the information of the seller and the buyer: If you are an individual, please specify your name, identity card number, permanent address, and contact phone number. If it is a company, specify the company name, address, business certificate, phone number, legal representative, position, identity card number, permanent address, representative base, number account.
Article 1: The subject of sale and purchase that the two parties have agreed upon, the name of the goods, the type, quality, volume, price, and notes.
Article 2: Price and payment method: The parties agree on a price based on the market price, specifying the payment times, the person to be paid, and the costs incurred, if any.
Article 3: Performance of the contract: the two parties agree on the contract term, the delivery place and the method of performance according to a specific date, the obligation to inspect the goods.
Article 4: Deposit: Specify the amount of the deposit that the two parties have agreed upon.
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Frequently asked questions
In signing a contract for the sale and purchase of goods, one of the important terms is the object of the contract (goods), in a contract for the sale of rice, the quality and standards of Rice are always concerned; If the rice does not meet the agreed standards, how should the parties handle it? How is the quantity of rice that does not meet the standards be resolved? Therefore, the return and return clause of substandard rice helps the parties to solve the problem when the rice is not up to standard and the parties need to have a specific agreement on this clause:
In any case, the rice does not meet the standards: not according to the agreement of the parties, not in accordance with the TCVN for rice types, the quantity is not enough, etc.
In any case, if the rice is returned, the return rice does not meet the standard
Term of return, return rice is not up to standard
Determining the fault leading to substandard rice, the responsibility of the parties for substandard rice
How to handle substandard rice
Preferential credit mechanism for the rice industry, support for interest rates on loans or unsecured loans for the purchase of rice from banks
Value added tax incentives; import and export tax on rice import and export businesses for agreements to which Vietnam is a signatory
Rice of organizations and individuals directly producing and selling and at the stage of importation is not subject to VAT
Rice sold to enterprises and cooperatives is not required to declare and pay VAT, but input VAT is deducted. Thus, in the production and milling stage, rice is not subject to VAT (no VAT for rice), rice producers not only do not have to advance capital to pay VAT when buying rice, but also do not have to declare, calculate and pay VAT when selling to enterprises and cooperatives (reducing administrative procedures and costs in VAT declaration and payment); and can deduct input VAT of rice production and trading, which lowers the price of rice at intermediate trade stages, thereby creating favorable conditions for businesses.
The rice produced by the production enterprise declares VAT by the deduction method at the end of direct retailing or sold to business households, individuals and other organizations and individuals, then it must declare and pay VAT. at the tax rate of 5%, which is a preferential tax rate compared to the normal 10% tax rate. Rice production and retail establishments are allowed to declare and deduct input VAT incurred in the retail stage to ensure low prices and increase the competitiveness of their products.
Exported rice is subject to the VAT rate of 0%, rice exporting business establishments will be refunded the input VAT amount of exported rice according to regulations, thereby helping Vietnam’s agricultural products compete on the international market. international markets.
Conclusion: So the above is Contract for the sale of domestic rice in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
