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Article 400 Time when contracts are entered into Thời điểm giao kết hợp đồng

1.A contract is entered into at the time when the offeror receives an acceptance of entering into the
contract.

2. Where the parties have agreed that silence shall constitute an acceptance of entering into the
contract within a certain period of time, the time when the contract is entered into is the last
moment of such period.

3. The time when an oral contract is entered into is the time when the parties have reached
agreement on the contents of the contract. Giao kết bằng LỜI NÓI

4. The time when a written contract is entered into is the time when the last party signs the contract
or [accepts to enter into the contract] by another method of acceptance which is expressed in
writing. Giao kết bằng VĂN BẢN

Where an oral contract is entered into and is then prepared in writing, the time when the contract is
entered into shall be determined in accordance with clause 3 of this article.

Article 401 Effectiveness of contracts Hiệu lực của hợp đồng

1. A contract legally entered into shall take effect from the time when it is entered into, unless
otherwise agreed or otherwise provided by relevant law.

2. From the time when a contract takes effect, the parties must exercise the rights and perform the
obligations to each other as undertaken. The contract may only be amended or cancelled as agreed
by the parties or as provided by law.

Article 402 Principal types of contracts Các loại hợp đồng chủ yếu

Contracts comprise the following principal types:

1.A bilateral contract is a contract whereby each party has an obligation to the other.

Hợp Đồng Song vụ

2. A unilateral contract is a contract whereby only one party has an obligation.

Hợp Đồng đơn vụ

3. A principal contract is a contract the effectiveness of which does not depend on another contract.
Hợp Đồng chính

4. An ancillary contract is a contract the effectiveness of which depends on a principal contract.

Hợp Đồng phụ

5. A contract for the benefit of a third person is a contract whereby contracting parties must perform
obligations for the benefit of a third person and the third person enjoys benefits from such
performance.

Hợp Đồng vì lợi ích của người thứ 3

6. A conditional contract is a contract the performance of which depends on the occurrence,


modification or termination of a specified event.

Hợp Đồng có điều kiện


Article 403 Appendices to contracts Phụ lục hợp đồng

1. A contract may have appendices attached to it which provide details on certain terms and
conditions of the contract. The appendices shall have the same effectiveness as the contract. The
contents of the appendices shall not contradict ( trái) the contents of the contract.

2. If the terms and conditions of the appendices contradict the terms and conditions of the contract,
such terms and conditions [of the appendices] shall be ineffective, unless otherwise agreed. If the
parties agree that the terms and conditions of the appendices [may] contradict the terms and
conditions of the contract, the terms and conditions of the contract which are contradicted shall be
deemed to have been amended

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