Regulations on the silence of the parties in entering into contracts

The silence of the parties in entering into a contract is an issue that still causes many questions or misunderstandings for parties during the contract signing process. Is the silence of the parties considered an agreement to enter into a contract? How does that silence affect the contract signing process? All will be explained through the following article by Long Phan.

The time when the offer to enter into a contract takes effect

Pursuant to Clause 1, Article 388 of the Civil Code 2012015, the effective time of the proposal to enter into a contract is determined as follows:

• Determined by the requesting party;
• If the requesting party does not fix it, the offer to enter into a contract takes effect from the time the offeree receives the offer, unless the relevant law provides otherwise.

Is the silence of the parties in entering into a contract considered consent?

Pursuant to Clause 2, Article 393 of the Civil Code 2015, the offered party’s silence is not considered acceptance of the offer to enter into a contract, unless there is an agreement or an established habit between the parties.

The time limit for responding to requests for contract conclusion

Pursuant to Article 394 of the Civil Code 2015, the time limit for responding to a request to enter into a contract is:

• When the requesting party sets a time limit for response, the response of acceptance is only effective when made within that time limit; If the party proposing to enter into a contract receives a reply after the deadline for replying has expired, this acceptance is considered a new offer from the party who is slow to respond.
• When the requesting party does not clearly state the time limit for response, the response of acceptance will only be effective if it is made within a reasonable period of time.
• In case the notice of acceptance to enter into a contract arrives late due to objective reasons that the offeror knows or should have known about this objective reason, the notice of acceptance to enter into the contract is still valid, unless the offeror Please reply immediately disagreeing with that acceptance of the proposed party.
• When the parties directly communicate with each other, including by phone or through other means, the proposed party must immediately respond with or without acceptance, unless the parties have agreed on a time limit response deadline.

Consulting services, support for contract conclusion and implementation

The process of entering into and implementing contracts is an important part of every business activity. However, to ensure legality, rights and minimize risks, you need reliable advice and support. Long Phan’s consulting services, support for contract conclusion and implementation provide you with comprehensive solutions, from negotiation, drafting, to effective and safe contract implementation, and transparency.

• Consulting on types of contracts used for each specific transaction
• Provide standard contract templates with all indispensable terms in the contract
• Consulting, planning, negotiating and signing effective contracts with partners
• Consulting on risks in entering into and implementing contracts and providing optimal solutions
• Evaluate the terms of the contract; From there, amend and supplement the contract
• Draft contracts according to customer requirements
• Representing customers or participating with customers in negotiating and signing contracts
• Consulting on solving problems that arise after signing the contract and during contract implementation

Consulting services, support for signing and implementing contracts at Long Phan will help you feel more secure in managing and implementing contracts, ensuring benefits for all business transactions. For detailed advice, please contact us via the hotline: 0906735386.