Conflicts Regarding the Effective Time of International Sales Contracts

make a legal agreement, in accordance with the provisions of the law. However, when a dispute arises, in many cases, determining whether the contract is valid or not is very difficult because the laws of each country have different provisions on quantitative and qualitative factors related to the conditions for the validity of the contract. In general, all countries stipulate the most basic conditions to determine the validity of the contract: the condition that the subject of the international commercial contract is legal and has full capacity to sign; the condition that the content of the contract is legal, not contrary to morality or public order; the condition that the parties to the contract voluntarily agree to the contract; the condition that the form of the contract is not contrary to the provisions of the law.

First of all, to determine the legal capacity of the contracting parties, the laws of each country often rely on personal law (including nationality law or residence law); countries with a written legal system (France, Germany, Austria, Belgium, etc.) often apply nationality law. However, countries with an unwritten legal system (England, USA) apply personal law. Only a few countries stipulate the application of the law of the place where the contract is signed or the law chosen by the parties to the contract to determine the legal capacity of the contracting party.

Second, when there is a conflict in the content of the contract, all countries apply the law chosen by the contracting parties and such choice is not contrary to the law of any party to the contract. In case the parties do not choose, the applicable law is the law of the place of signing or the law of the place of performance of the contract or the law of the place where the goods are the subject of the contract or the law of the country with which it has the closest relationship. (Article 4 of the Rome Convention of 1980 on the law applicable to contractual obligations), which means applying the law of the country where the party who must perform the main obligation in the contract at the time of concluding the contract has its headquarters or permanent residence. Although there may be many ways to resolve conflicts of law regarding the applicable law to determine the legality of the international sale and purchase contract, the law chosen by the parties shall be given priority because the nature of the contract is a voluntary agreement, the choice of the applicable law to determine the legality of the contract is also one of the voluntary agreements of the parties and it will be given priority.

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• Qos Assurance Methods for Multimedia Communications zt2i3t4l5ee zt2a3gs zt2a3ge zc2o3n4t5e6n7ts low. The EF PHB requires a sufficiently large number of output ports to provide low delay, low loss, and low jitter. EF PHBs can be implemented if the output port's bandwidth is sufficiently large, combined with small buffer sizes and other network resources dedicated to EF packets, to allow the router's service rate for EF packets on an output port to exceed the arrival rate λ of packets at that port. This means that packets with PHB EF are considered with a pre-allocated amount of output bandwidth and a priority that ensures minimum loss, minimum delay and minimum jitter before being put into operation. PHB EF is suitable for channel simulation, leased line simulation, and real-time services such as voice, video without compromising on high loss, delay and jitter values. Figure 2.10 Example of EF installation Figure 2.10 shows an example of an EF PHB implementation. This is a simple priority queue scheduling technique. At the edges of the DS domain, EF packet traffic is prioritized according to the values ​​agreed upon by the SLA. The EF queue in the figure needs to output packets at a rate higher than the packet arrival rate λ. To provide an EF PHB over an end-to-end DS domain, bandwidth at the output ports of the core routers needs to be allocated in advance to ensure the requirement μ > λ. This can be done by a pre-configured provisioning process. In the figure, EF packets are placed in the priority queue (the upper queue). With such a length, the queue can operate with μ > λ. Since EF was primarily used for real-time services such as voice and video, and since real-time services use UDP instead of TCP, RED is generally not suitable for EF queues because applications using UDP will not respond to random packet drop and RED will strip unnecessary packets. 2.2.4.2 Assured Forwarding (AF) PHB PHB AF is defined by RFC 2597. The purpose of PHB AF is to deliver packets reliably and therefore delay and jitter are considered less important than packet loss. PHB AF is suitable for non-real-time services such as applications using TCP. PHB AF first defines four classes: AF1, AF2, AF3, AF4. For each of these AF classes, packets are then classified into three subclasses with three distinct priority levels. Table 2.8 shows the four AF classes and 12 AF subclasses and the DSCP values ​​for the 12 AF subclasses defined by RFC 2597. RFC 2597 also allows for more than three separate priority levels to be added for internal use. However, these separate priority levels will only have internal significance. PHB Class PHB Subclass Package type DSCP AF4 AF41 Short 100010 AF42 Medium 100100 AF43 High 100110 AF3 AF31 Short 011010 AF32 Medium 011100 AF33 High 011110 AF2 AF21 Short 010010 AF22 Medium 010100 AF23 High 010110 AF1 AF11 Short 001010 AF12 Medium 001100 AF13 High 001110 Table 2.8 AF DSCPs The AF PHB ensures that packets are forwarded with a high probability of delivery to the destination within the bounds of the rate agreed upon in an SLA. If AF traffic at an ingress port exceeds the pre-priority rate, which is considered non-compliant or “out of profile”, the excess packets will not be delivered to the destination with the same probability as the packets belonging to the defined traffic or “in profile” packets. When there is network congestion, the out of profile packets are dropped before the in profile packets are dropped. When service levels are defined using AF classes, different quantity and quality between AF classes can be realized by allocating different amounts of bandwidth and buffer space to the four AF classes. Unlike EF, most AF traffic is non-real-time traffic using TCP, and the RED queue management strategy is an AQM (Adaptive Queue Management) strategy suitable for use in AF PHBs. The four AF PHB layers can be implemented as four separate queues. The output port bandwidth is divided into four AF queues. For each AF queue, packets are marked with three “colors” corresponding to three separate priority levels. In addition to the 32 DSCP 1 groups defined in Table 2.8, 21 DSCPs have been standardized as follows: one for PHB EF, 12 for PHB AF, and 8 for CSCP. There are 11 DSCP 1 groups still available for other standards. 2.2.5.Example of Differentiated Services We will look at an example of the Differentiated Service model and mechanism of operation. The architecture of Differentiated Service consists of two basic sets of functions: Edge functions: include packet classification and traffic conditioning. At the inbound edge of the network, incoming packets are marked. In particular, the DS field in the packet header is set to a certain value. For example, in Figure 2.12, packets sent from H1 to H3 are marked at R1, while packets from H2 to H4 are marked at R2. The labels on the received packets identify the service class to which they belong. Different traffic classes receive different services in the core network. The RFC definition uses the term behavior aggregate rather than the term traffic class. After being marked, a packet can be forwarded immediately into the network, delayed for a period of time before being forwarded, or dropped. We will see that there are many factors that affect how a packet is marked, and whether it is forwarded immediately, delayed, or dropped. Figure 2.12 DiffServ Example Core functionality: When a DS-marked packet arrives at a Diffservcapable router, the packet is forwarded to the next router based on Per-hop behavior is associated with packet classes. Per-hop behavior affects router buffers and the bandwidth shared between competing classes. An important principle of the Differentiated Service architecture is that a router's per-hop behavior is based only on the packet's marking or the class to which it belongs. Therefore, if packets sent from H1 to H3 as shown in the figure receive the same marking as packets from H2 to H4, then the network routers treat the packets exactly the same, regardless of whether the packet originated from H1 or H2. For example, R3 does not distinguish between packets from h1 and H2 when forwarding packets to R4. Therefore, the Differentiated Service architecture avoids the need to maintain router state about separate source-destination pairs, which is important for network scalability. Chapter Conclusion Chapter 2 has presented and clarified two main models of deploying and installing quality of service in IP networks. While the traditional best-effort model has many disadvantages, later models such as IntServ and DiffServ have partly solved the problems that best-effort could not solve. IntServ follows the direction of ensuring quality of service for each separate flow, it is built similar to the circuit switching model with the use of the RSVP resource reservation protocol. IntSer is suitable for services that require fixed bandwidth that is not shared such as VoIP services, multicast TV services. However, IntSer has disadvantages such as using a lot of network resources, low scalability and lack of flexibility. DiffServ was born with the idea of ​​solving the disadvantages of the IntServ model. DiffServ follows the direction of ensuring quality based on the principle of hop-by-hop behavior based on the priority of marked packets. The policy for different types of traffic is decided by the administrator and can be changed according to reality, so it is very flexible. DiffServ makes better use of network resources, avoiding idle bandwidth and processing capacity on routers. In addition, the DifServ model can be deployed on many independent domains, so the ability to expand the network becomes easy. Chapter 3: METHODS TO ENSURE QoS FOR MULTIMEDIA COMMUNICATIONS In packet-switched networks, different packet flows often have to share the transmission medium all the way to the destination station. To ensure the fair and efficient allocation of bandwidth to flows, appropriate serving mechanisms are required at network nodes, especially at gateways or routers, where many different data flows often pass through. The scheduler is responsible for serving packets of the selected flow and deciding which packet will be served next. Here, a flow is understood as a set of packets belonging to the same priority class, or originating from the same source, or having the same source and destination addresses, etc. In normal state when there is no congestion, packets will be sent as soon as they are delivered. In case of congestion, if QoS assurance methods are not applied, prolonged congestion can cause packet drops, affecting service quality. In some cases, congestion is prolonged and widespread in the network, which can easily lead to the network being "frozen", or many packets being dropped, seriously affecting service quality. Therefore, in this chapter, in sections 3.2 and 3.3, we introduce some typical network traffic load monitoring techniques to predict and prevent congestion before it occurs through the measure of dropping (removing) packets early when there are signs of impending congestion. 3.1. DropTail method DropTail is a simple, traditional queue management method based on FIFO mechanism. All incoming packets are placed in the queue, when the queue is full, the later packets are dropped. Due to its simplicity and ease of implementation, DropTail has been used for many years on Internet router systems. However, this algorithm has the following disadvantages: − Cannot avoid the phenomenon of “Lock out”: Occurs when 1 or several traffic streams monopolize the queue, making packets of other connections unable to pass through the router. This phenomenon greatly affects reliable transmission protocols such as TCP. According to the anti-congestion algorithm, when locked out, the TCP connection stream will reduce the window size and reduce the packet transmission speed exponentially. − Can cause Global Synchronization: This is the result of a severe “Lock out” phenomenon. Some neighboring routers have their queues monopolized by a number of connections, causing a series of other TCP connections to be unable to pass through and simultaneously reducing the transmission speed. After those monopolized connections are temporarily suspended, Once the queue is cleared, it takes a considerable amount of time for TCP connections to return to their original speed. − Full Queue phenomenon: Data transmitted on the Internet often has an explosion, packets arriving at the router are often in clusters rather than in turn. Therefore, the operating mechanism of DropTail makes the queue easily full for a long period of time, leading to the average delay time of large packets. To avoid this phenomenon, with DropTail, the only way is to increase the router's buffer, this method is very expensive and ineffective. − No QoS guarantee: With the DropTail mechanism, there is no way to prioritize important packets to be transmitted through the router earlier when all are in the queue. Meanwhile, with multimedia communication, ensuring connection and stable speed is extremely important and the DropTail algorithm cannot satisfy. The problem of choosing the buffer size of the routers in the network is to “absorb” short bursts of traffic without causing too much queuing delay. This is necessary in bursty data transmission. The queue size determines the size of the packet bursts (traffic spikes) that we want to be able to transmit without being dropped at the routers. In IP-based application networks, packet dropping is an important mechanism for indirectly reporting congestion to end stations. A solution that prevents router queues from filling up while reducing the packet drop rate is called dynamic queue management. 3.2. Random elimination method – RED 3.2.1 Overview RED (Random Early Detection of congestion; Random Early Drop) is one of the first AQM algorithms proposed in 1993 by Sally Floyd and Van Jacobson, two scientists at the Lawrence Berkeley Laboratory of the University of California, USA. Due to its outstanding advantages compared to previous queue management algorithms, RED has been widely installed and deployed on the Internet. The most fundamental point of their work is that the most effective place to detect congestion and react to it is at the gateway or router. Source entities (senders) can also do this by estimating end-to-end delay, throughput variability, or the rate of packet retransmissions due to drop. However, the sender and receiver view of a particular connection cannot tell which gateways on the network are congested, and cannot distinguish between propagation delay and queuing delay. Only the gateway has a true view of the state of the queue, the link share of the connections passing through it at any given time, and the quality of service requirements of the traffic flows. The RED gateway monitors the average queue length, which detects early signs of impending congestion (average queue length exceeding a predetermined threshold) and reacts appropriately in one of two ways: − Drop incoming packets with a certain probability, to indirectly inform the source of congestion, the source needs to reduce the transmission rate to keep the queue from filling up, maintaining the ability to absorb incoming traffic spikes. − Mark “congestion” with a certain probability in the ECN field in the header of TCP packets to notify the source (the receiving entity will copy this bit into the acknowledgement packet). Figure 3. 1 RED algorithm The main goal of RED is to avoid congestion by keeping the average queue size within a sufficiently small and stable region, which also means keeping the queuing delay sufficiently small and stable. Achieving this goal also helps: avoid global synchronization, not resist bursty traffic flows (i.e. flows with low average throughput but high volatility), and maintain an upper bound on the average queue size even in the absence of cooperation from transport layer protocols. To achieve the above goals, RED gateways must do the following: − The first is to detect congestion early and react appropriately to keep the average queue size small enough to keep the network operating in the low latency, high throughput region, while still allowing the queue size to fluctuate within a certain range to absorb short-term fluctuations. As discussed above, the gateway is the most appropriate place to detect congestion and is also the most appropriate place to decide which specific connection to report congestion to. − The second thing is to notify the source of congestion. This is done by marking and notifying the source to reduce traffic. Normally the RED gateway will randomly drop packets. However, if congestion If congestion is detected before the queue is full, it should be combined with packet marking to signal congestion. The RED gateway has two options: drop or mark; where marking is done by marking the ECN field of the packet with a certain probability, to signal the source to reduce the traffic entering the network. − An important goal that RED gateways need to achieve is to avoid global synchronization and not to resist traffic flows that have a sudden characteristic. Global synchronization occurs when all connections simultaneously reduce their transmission window size, leading to a severe drop in throughput at the same time. On the other hand, Drop Tail or Random Drop strategies are very sensitive to sudden flows; that is, the gateway queue will often overflow when packets from these flows arrive. To avoid these two phenomena, gateways can use special algorithms to detect congestion and decide which connections will be notified of congestion at the gateway. The RED gateway randomly selects incoming packets to mark; with this method, the probability of marking a packet from a particular connection is proportional to the connection's shared bandwidth at the gateway. − Another goal is to control the average queue size even without cooperation from the source entities. This can be done by dropping packets when the average size exceeds an upper threshold (instead of marking it). This approach is necessary in cases where most connections have transmission times that are less than the round-trip time, or where the source entities are not able to reduce traffic in response to marking or dropping packets (such as UDP flows). 3.2.2 Algorithm This section describes the algorithm for RED gateways. RED gateways calculate the average queue size using a low-pass filter. This average queue size is compared with two thresholds: minth and maxth. When the average queue size is less than the lower threshold, no incoming packets are marked or dropped; when the average queue size is greater than the upper threshold, all incoming packets are dropped. When the average queue size is between minth and maxth, each incoming packet is marked or dropped with a probability pa, where pa is a function of the average queue size avg; the probability of marking or dropping a packet for a particular connection is proportional to the bandwidth share of that connection at the gateway. The general algorithm for a RED gateway is described as follows: [5] For each packet arrival Caculate the average queue size avg If minth ≤ avg < maxth div.maincontent .s1 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 15pt; } div.maincontent .s2 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: bold; text-decoration: none; font-size: 15pt; } div.maincontent .p { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; margin:0pt; } div.maincontent p { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; margin:0pt; } div.maincontent .s3 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: bold; text-decoration: none; font-size: 14pt; } div.maincontent .s4 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; } div.maincontent .s5 { color: black; font-family:"Times New Roman", serif; font-style: italic; font-weight: normal; text-decoration: none; font-size: 14pt; } div.maincontent .s6 { color: black; font-family:"Times New Roman", serif; font-style: italic; font-weight: bold; text-decoration: none; font-size: 14pt; } div.maincontent .s7 { color: black; font-family:Wingdings; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; } div.maincontent .s8 { color: black; font-family:Arial, sans-serif; font-style: italic; font-weight: bold; text-decoration: none; font-size: 15pt; } div.maincontent .s9 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: bold; text-decoration: none; font-size: 14pt; } div.maincontent .s10 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 9pt; vertical-align: 6pt; } div.maincontent .s11 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 13pt; } div.maincontent .s12 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 10pt; } div.maincontent .s13 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-d
• Identify Rating Levels and Rating Scales zt2i3t4l5ee zt2a3gstourism,quan lan,quang ninh,ecology,ecotourism,minh chau,van don,geography,geographical basis,tourism development,science zt2a3ge zc2o3n4t5e6n7ts of the islanders. Therefore, this indicator will be divided into two sub-indicators: a1. Natural tourism attractiveness a2. Cultural tourism attractiveness b. Tourist capacity The two island communes in Quan Lan have different capacities to receive tourists. Minh Chau Commune is home to many standard hotels and resorts, attracting high-income domestic and international tourists. Meanwhile, Quan Lan Commune has many motels mainly built and operated by local people, so the scale and quality are not high, and will be suitable for ordinary tourists such as students. c. Time of exploitation of Quan Lan Island Commune: Quan Lan tourism is seasonal due to weather and climate conditions and festivals only take place on certain days of the year, specifically in spring. In Quan Lan commune, the period from April to June and from September to November is considered the best time to visit Quan Lan because the cultural tourism activities are mainly associated with festivals taking place during this time. Minh Chau island commune: Tourism exploitation time is all year round, because this is a place with a number of tourist attractions with diverse ecosystems such as Bai Tu Long National Park Research Center, Tram forest, Turtle Laying Beach, so besides coming to the beach for tourism and vacation in the summer, Minh Chau will attract research groups to come for tourism combined with research at other times of the year. d. Sustainability The sustainability of ecotourism sites in Quan Lan and Minh Chau communes depends on the sensitivity of the ecosystems to climate changes. landscape. In general, these tourist destinations have a fairly high level of sustainability, because they are natural ecosystems, planned and protected. However, if a large number of tourists gather at certain times, it can exceed the carrying capacity and affect the sustainability of the environment (polluted beaches, damaged trees, animals moving away from their habitats, etc.), then the sustainability of the above ecosystems (natural ecosystems, human ecosystems) will also be affected and become less sustainable. e. Location and accessibility Both island communes have ports to take tourists to visit from Van Don wharf: - Quan Lan – Van Don traffic route: Phuc Thinh – Viet Anh high-speed boat and Quang Minh high-speed boat, depart at 8am and 2pm from Van Don to Quan Lan, and at 7am and 1pm from Quan Lan to Van Don. There are also wooden boats departing at 7am and 1pm. - Van Don - Minh Chau traffic route: Chung Huong high-speed train, Minh Chau train, morning 7:30 and afternoon 13:30 from Van Don to Minh Chau, morning 6:30 and afternoon 13:00 from Minh Chau to Van Don. f. Infrastructure Despite receiving investment attention, the issue of infrastructure and technical facilities for tourism on Quan Lan Island is still an issue that needs to be resolved because it has a direct impact on the implementation of ecotourism activities. The minimum conditions for serving tourists such as accommodation, electricity, water, communication, especially medical services, and security work need to be given top priority. Ecotourism spots in Minh Chau commune are assessed to have better infrastructure and technical facilities for tourism because there are quite complete and synchronous conditions for serving tourists, meeting many needs of domestic and foreign tourists. 3.2.1.4. Determine assessment levels and assessment scales Corresponding to the levels of each criterion, the index is the score of those levels in the order of 4, 3, 2, 1 decreasing according to the standard of each level: very attractive (4), attractive (3), average (2), less attractive (1). 3.2.1.5. Determining the coefficients of the criteria For the assessment of DLST in the two communes of Quan Lan and Minh Chau islands, the students added evaluation coefficients to show the importance of the criteria and indicators as follows: Coefficient 3 with criteria: Attractiveness, Exploitation time. These are the 2 most important criteria for attracting tourists to tourism in general and eco-tourism in particular, so they have the highest coefficient. Coefficient 2 with criteria: Capacity, Infrastructure, Location and accessibility . Because the assessment area is an island commune of Van Don district, the above criteria are selected by the author with appropriate coefficients at the average level. Coefficient 1 with criteria: Sustainability. Quan Lan has natural and human-made ecotourism sites, with high biodiversity and little impact from local human factors. Most of the ecotourism sites are still wild, so they are highly sustainable. 3.2.1.6. Results of DLST assessment on Quan Lan island a. Assessment of the potential for natural tourism development  For Minh Chau commune: + Natural tourism attractiveness is determined to be very attractive (4 points) and the most important coefficient (coefficient 3), so the score of the Attractiveness criterion is 4 x 3 = 12. + Capacity is determined as average (2 points) and the coefficient is quite important (coefficient 2), then the score of Capacity criterion is 2 x 2 = 4. + Exploitation time is long (4 points), the most important coefficient (coefficient 3) so the score of the Exploitation time criterion is 4 x 3 = 12. + Sustainability is determined as sustainable (4 points), the important coefficient is the average coefficient (coefficient 1), so the score of the Sustainability criterion is 4 x 1 = 4 points + Location and accessibility are determined to be quite favorable (2 points), the coefficient is quite important (coefficient 2), the criterion score is 2 x 2 = 4 points. + Infrastructure is assessed as good (3 points), the coefficient is quite important (coefficient 2), then the score of the Infrastructure criterion is 3 x 2 = 6 points. The total score for evaluating DLST in Minh Chau commune according to 6 evaluation criteria is determined as: 12 + 4 + 12 + 4 + 4 + 6 = 42 points Similar assessment for Quan Lan commune, we have the following table: Table 3.3: Assessment of the potential for natural ecotourism development in Quan Lan and Minh Chau communes Attractiveness of self-tourismof course Capacity Mining time Sustainability Location and accessibility Infrastructure Result Point DarkMulti Point DarkMulti Point DarkMulti Point DarkMulti Point DarkMulti Point DarkMulti CommuneMinh Chau 12 12 4 8 12 12 4 4 4 8 6 8 42/52 Quan CommuneLan 6 12 6 8 9 12 4 4 4 8 4 8 33/52 b. Assessment of the potential for humanistic tourism development  For Quan Lan commune: + The attractiveness of human tourism is determined to be very attractive (4 points) and the most important coefficient (coefficient 3), so the score of the Attractiveness criterion is 4 x 3 = 12. + Capacity is determined to be large (3 points) and the coefficient is quite important (coefficient 2), then the score of the Capacity criterion is 3 x 2 = 6. + Mining time is average (3 points), the most important coefficient (coefficient 3) so the score of the Mining time criterion is 3 x 3 = 9. + Sustainability is determined as sustainable (4 points), the important coefficient is the average coefficient (coefficient 1), so the score of the Sustainability criterion is 4 x 1 = 4 points. + Location and accessibility are determined to be quite favorable (2 points), the coefficient is quite important (coefficient 2), the criterion score is 2 x 2 = 4 points. + Infrastructure is rated as average (2 points), the coefficient is quite important (coefficient 2), then the score of the Infrastructure criterion is 2 x 2 = 4 points. The total score for evaluating DLST in Quan Lan commune according to 6 evaluation criteria is determined as: 12 + 6 + 6 + 4 + 4 + 4 = 36 points. Similar assessment with Minh Chau commune we have the following table: Table 3.4: Assessment of the potential for developing humanistic eco-tourism in Quan Lan and Minh Chau communes Attractiveness of human tourismliterature Capacity Mining time Sustainability Location and accessibility Infrastructure Result Point DarkMulti Point DarkMulti Point DarkMulti Point DarkMulti Point DarkMulti Point DarkMulti Quan CommuneLan 12 12 6 8 9 12 4 4 4 8 4 8 39/52 Minh CommuneChau 6 12 4 8 12 12 4 4 4 8 6 8 36/52 Basically, both Minh Chau and Quan Lan localities have quite favorable conditions for developing ecotourism. However, Quan Lan commune has more advantages to develop ecotourism in a humanistic direction, because this is an area with many famous historical relics such as Quan Lan Communal House, Quan Lan Pagoda, Temple worshiping the hero Tran Khanh Du, ... along with local festivals held annually such as the wind praying ceremony (March 15), Quan Lan festival (June 10-19); due to its location near the port and long exploitation time, the beaches in Quan Lan commune (especially Quan Lan beach) are no longer hygienic and clean to ensure the needs of tourists coming to relax and swim; this is also an area with many beautiful landscapes such as Got Beo wind pass, Ong Phong head, Voi Voi cave, but the ability to access these places is still very limited (dirt hill road, lots of gravel and rocks), especially during rainy and windy times; In addition, other natural resources such as mangrove forests and sea worms have not been really exploited for tourism purposes and ecotourism development. On the contrary, Minh Chau commune has more advantages in developing ecotourism in the direction of natural tourism, this is an area with diverse ecosystems such as at Rua De Beach, Bai Tu Long National Park Conservation Center...; Minh Chau beach is highly appreciated for its natural beauty and cleanliness, ranked in the top ten most beautiful beaches in Vietnam; Minh Chau commune is also home to Tram forest with a large area and a purity of up to 90%, suitable for building bridges through the forest (a very effective type of natural ecotourism currently applied by many countries) for tourists to sightsee, as well as for the purpose of studying and researching. Figure 3.1: Thenmala Forest Bridge (India) Source: https://www.thenmalaecotourism.com/(August 21, 2019) 3.2.2. Using SWOT matrix to evaluate Quan Lan island tourism General assessment of current tourism activities of Quan Lan island is shown through the following SWOT matrix: Table 3.5: SWOT matrix evaluating tourism activities on Quan Lan island Internal agent Strengths- There is a lot of potential for tourism development, especially natural ecotourism and humanistic ecotourism.- The unskilled labor force is relatively abundant.- resource environmentunpolluted, still Weaknesses- Poorly developed infrastructure, especially traffic routes to tourist destinations on the island.- The team of professional staff is still weak.- Tourism products in general quite wild, originalintact general and DLST in particularalone is monotonous. External agents Opportunity- Tourism is a key industry in the socio-economic development strategy of the province and Van Don economic zone.- Quan Lan was selected as a pilot area for eco-tourism development within the framework of the green growth project between Quang Ninh province and the Japanese organization JICA.- The flow of tourists and especially ecotourism in the world tends toincreasing Challenge- Weather and climate change abnormally.- Competition in tourism products is increasingly fierce, especially with other localities in the province such as Ha Long, Mong Cai...- Awareness of tourists, especially domestic tourists, about ecotourism and nature conservation is not high. Through summary analysis using SWOT matrix we see that:  To exploit strengths and take advantage of opportunities, it is necessary to: - Diversify products and service types (build more tourism routes aimed at specific needs of tourists: experiential tourism immersed in nature, spiritual cultural tourism...) - Effective exploitation of resources and differentiated products (natural resources and human resources) div.maincontent .p { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; margin:0pt; } div.maincontent p { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; margin:0pt; } div.maincontent .s1 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 13pt; } div.maincontent .s2 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 13pt; } div.maincontent .s3 { color: #0D0D0D; font-family:"Times New Roman", serif; font-style: normal; font-weight: bold; text-decoration: none; font-size: 14pt; } div.maincontent .s4 { color: black; font-family:"Times New Roman", serif; font-style: italic; font-weight: normal; text-decoration: none; font-size: 14pt; } div.maincontent .s5 { color: black; font-family:"Times New Roman", serif; font-style: italic; font-weight: bold; text-decoration: none; font-size: 14pt; } div.maincontent .s6 { color: black; font-family:"Times New Roman", serif; font-style: italic; font-weight: normal; text-decoration: none; font-size: 14pt; vertical-align: -3pt; } div.maincontent .s7 { color: black; font-family:"Times New Roman", serif; font-style: italic; font-weight: normal; text-decoration: none; font-size: 14pt; vertical-align: -2pt; } div.maincontent .s8 { color: black; font-family:"Times New Roman", serif; font-style: italic; font-weight: normal; text-decoration: none; font-size: 14pt; vertical-align: -1pt; } div.maincontent .s9 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; } div.maincontent .s10 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: bold; text-decoration: none; font-size: 14pt; } div.maincontent .s11 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; } div.maincontent .s12 { color: black; font-family:Symbol, serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; } div.maincontent .s13 { color: black; font-family:Wingdings; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; } div.maincontent .s14 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 9pt; vertical-align: 5pt; } div.maincontent .s15 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 9pt; vertical-align: 5pt; } div.maincontent .s16 { color: black; font-family:Cambria, serif; font-style: italic; font-weight: normal; text-decoration: none; font-size: 14pt; } div.maincontent .s17 { color: #080808; font-family:"Times New Roman", serif; font-style: normal; font-weight: bold; text-decoration: none; font-size: 14pt; } div.maincontent .s18 { color: #080808; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; } div.maincontent .s19 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 11pt; } div.maincontent .s20 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 10pt; } div.maincontent .s21 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: bold; text-decoration: none; font-size: 11pt; } div.maincontent .s22 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 11pt; } div.maincontent .s23 { color: black; font-family:"Times New Roman", serif; font-style: italic; font-weight: normal; text-decoration: none; font-size: 14pt; } div.maincontent .s24 { color: #212121; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; tex
• Pre-tax Profit of Bidv Tien Giang in the Period 2011-2015 zt2i3t4l5ee zt2a3gsnon-credit services, joint stock commercial bank zt2a3ge zc2o3n4t5e6n7ts At that time, the Branch had to set aside a provision for credit risks, which reduced the Branch's income. Chart 2.2. Pre-tax profit of BIDV Tien Giang in the period 2011-2015 Unit: Billion VND 140 120 100 80 60 40 20 0 63.3 80.34 89.29 110.08 131.99 2011 2012 2013 2014 2015 Profit before tax (Source: Report on the implementation of the annual business plan of the General Planning Department of BIDV Tien Giang [24]) However, through chart 2.2, it can be seen that BIDV Tien Giang's profit is still increasing continuously, and its operating efficiency is currently leaking. This is a contribution of non-credit services, and this service segment will be increasingly focused on growth by BIDV Tien Giang to ensure the highest profit safety because credit activities have many potential risks. At the same time, focusing on developing non-credit services is consistent with one of the contents of restructuring the financial activities of credit institutions in the project "Restructuring the system of credit institutions in the period 2011-2015" approved by the Prime Minister in Decision No. 254/QD-TTg dated March 1, 2012 [14]: "Gradually shifting the business model of commercial banks towards reducing dependence on credit activities and increasing income from non-credit services". 2.2. Current status of non-credit service development at BIDV Tien Giang. 2.2.1. BIDV Tien Giang has deployed the development of non-credit services in recent times. Along with the development of the Head Office, BIDV Tien Giang's products and services are constantly improved and deployed in a diverse manner to ensure provision for many different customer groups in the area: individual customers, corporate customers, and financial institutions. Typical services are as follows: Payment services, treasury services, guarantee services, card services, trade finance, other services: Western Union, insurance commissions, consulting services, foreign exchange derivatives trading, e-banking services,... 2.2.1.1. Payment services: In accordance with the Prime Minister's Project to promote non-cash payments in Vietnam [15], banks in Tien Giang province have continuously developed payment services to reduce customers' cash usage habits through card services and electronic banking services such as: salary payment through accounts, focusing on developing card acceptance points, developing multi-purpose cards, paying social insurance by transfer, paying bills through banks, etc. Chart 2.3. Net income from payment services in the period 2011-2015 Unit: Million VND 6000 5000 4000 3000 2000 1000 0 3922 4065 4720 5084 5324 2011 2012 2013 2014 2015 Net income from payment services (Source: Report on the implementation of the annual business plan of the General Planning Department of BIDV Tien Giang [24]) Along with the technological development of the entire system, BIDV Tien Giang has a payment system with a fairly stable transaction processing speed, bringing many conveniences to customers. The results of observing chart 2.3 show that the income from payment services that the Branch has achieved has grown over the years but the speed is not high and the products are not outstanding compared to other banks. Domestic payment products such as: Online bill payment, electricity bills, water bills, insurance premiums, cable TV bills, telecommunications fees, airline tickets, etc. bring many conveniences to customers. Regarding international payment, this is an indispensable activity for foreign economic activities, BIDV Tien Giang is providing international payment methods for small enterprises producing agriculture, aquatic food and seafood that have credit relationships with banks in industrial parks in Tien Giang province such as: money transfer, collection, L/C payment. 2.2.1.2. Treasury services: BIDV Tien Giang always focuses on ensuring treasury safety and currency security, always complies with legal regulations, and minimizes risks in operations such as: counting and collecting money from customers, receiving and delivering internal transactions, collecting from the State Bank (SBV) or other credit institutions, receiving ATM funds, bundling money, etc. BIDV Tien Giang's treasury service management department is always fully equipped with modern machinery and equipment such as: money transport vehicles, fire prevention tools, money counters, money detectors, magnifying glasses, etc. to ensure absolute safety in treasury operations, immediately identifying real and fake money and other risks that may affect people and assets of the bank and customers. In addition, implementing regulation 2480/QC dated October 28, 2008 between the State Bank of Tien Giang province and the Provincial Police on coordination in the fight against counterfeit money, in the 3-year review of implementation, BIDV Tien Giang discovered, seized and submitted to the State Bank of Tien Giang province 475 banknotes of various denominations and was commended by the Provincial Police and the State Bank of Tien Giang province [17]. Chart 2.4. Net income from treasury services in the period 2011-2015 Unit: Million VND 350 300 250 200 150 100 50 0 105 122 309 289 279 2011 2012 2013 2014 2015 Net income from treasury services (Source: Report on the implementation of the annual business plan of the General Planning Department of BIDV Tien Giang [24]) However, as shown in Figure 2.4, income from treasury operations is not high and fluctuates. Specifically, in the period 2011-2013, net income increased and increased most sharply in 2013, then in the period 2013-2015, there was a downward trend. This fluctuation is due to the fact that fees collected from treasury services are often very low and can even be waived to attract customers to use other services. 2.2.1.3. Guarantee and trade finance services: BIDV Tien Giang, thanks to the advantages of the province and the favorable location of the Branch, has continuously focused on developing income from guarantee services and trade finance. Chart 2.5. Net income from guarantee and trade finance services in the period 2011-2015 Unit: Million VND 14000 12000 10000 8000 6000 4000 2000 0 5193 5695 2742 3420 8889 3992 11604 12206 5143 5312 2011 2012 2013 2014 2015 Net income from guarantee services Net income from Trade Finance (Source: Report on the implementation of the annual business plan of the General Planning Department of BIDV Tien Giang [24]) Through chart 2.5, we can see that BIDV Tien Giang's income from guarantee services and trade finance has grown over the years. The reason is: Among BIDV Tien Giang's corporate customers, the construction industry is the industry with the highest proportion of customers after the trading industry, this is a group of customers with potential to develop guarantee services. The second group of customers is corporate customers in the fields of agricultural production, livestock and seafood processing with high import and export turnover in the area. are the target of trade finance development. In addition, BIDV Tien Giang also focuses on continuously developing these customer groups to increase revenue for many other products and services in the future. 2.2.1.4. Card and POS services: As a service that BIDV Tien Giang has recently developed strongly, it can be said that this is a very potential market and has the ability to develop even more strongly in the future. Card services with outstanding advantages such as fast payment time, wide payment range, quite safe, effective and suitable for the integration trend and the Project to promote non-cash payments in Vietnam. Cards have become a modern and popular payment tool. BIDV Tien Giang early identified that developing card services is to expand the market to people in society, create capital mobilized from card-opened accounts, contribute to diversifying banking activities, enhance the image of the bank, bring the BIDV Tien Giang brand to people as quickly and easily as possible. BIDV Tien Giang is currently providing card types such as: credit cards (BIDV MasterCard Platinum, BIDV Visa Gold Precious, BIDV Visa Manchester United, BIDV Visa Classic), international debit cards (BIDV Ready Card, BIDV Manu Debit Card), domestic debit cards (BIDV Harmony Card, BIDV eTrans Card, BIDV Moving Card, BIDV-Lingo Co-branded Card, BIDV-Co.opmart Co-branded Card). These cards can be paid via POS/EDC or on the ATM system. In addition, with debit cards, customers can not only withdraw money via ATMs but also perform utilities such as mobile top-up, online payment, money transfer,... through electronic banking services. In order to attract customers with card services, BIDV Tien Giang has continuously increased the installation of ATMs. As of December 31, 2015, BIDV Tien Giang has 23 ATMs combined with 7 ATMs in the same system of BIDV My Tho, so the number of ATMs is quite large, especially in the center of My Tho City, but is not yet fully present in the districts. Basic services on ATMs such as withdrawing money, checking balances, printing short statements,... BIDV ATMs accept cards from banks in the system. Banknetvn and Smartlink, cards branded by international card organizations Union Pay (CUP), VISA, MasterCard and cards of banks in the Asian Payment Network. From here, cardholders can make bill payments for themselves or others at ATMs, by simply entering the subscriber number or customer code, booking code that service providers notify and make bill payments. Chart 2.6. Net income from card services in the period 2011-2015 Unit: Million VND 3500 3000 2500 2000 1500 1000 500 0 687 1023 1547 2267 3104 2011 2012 2013 2014 2015 Net income from card services (Source: Report on the implementation of the annual business plan of the General Planning Department of BIDV Tien Giang [24]) Through chart 2.6, it can be seen that BIDV Tien Giang's card service income is constantly growing because the Branch focuses on developing businesses operating in industrial parks, which are the source of customers for salary payment products, ATMs, BSMS. Specifically, there are companies such as Freeview, Quang Viet, Dai Thanh, which are businesses with a large number of card openings at the Branch, contributing to the increase in card service fees [25]. Table 2.6. Number of ATMs and POS machines in 2015 of some banks in Tien Giang area. Unit: Machine STT Bank name Number of ATMs Cumulative number of ATM cards POS machine 1 BIDV Tien Giang 23 97,095 22 2 BIDV My Tho 7 21,325 0 3 Agribank Tien Giang 29 115,743 77 4 Vietinbank Tien Giang 16 100,052 54 5 Dong A Tien Giang 26 97,536 11 6 Sacombank Tien Giang 24 88,513 27 7 Vietcombank Tien Giang 15 61,607 96 8 Vietinbank - Tay Tien Giang Branch 6 46,042 38 (Source: 2015 Banking Activity Data Report of the General and Internal Control Department of the Provincial State Bank [21]) Through table 2.6, the author finds that the number of ATMs of BIDV Tien Giang is not much, ranking fourth after Agribank Tien Giang, Dong A Tien Giang, Sacombank Tien Giang. The number of POS machines of BIDV Tien Giang is very small, only higher than Dong A Tien Giang and BIDV My Tho in the initial stages of merging the BIDV system. Besides, BIDV Tien Giang has a high number of cards increasing over the years (table 2.7) but the cumulative number of cards issued up to December 31, 2015 is still relatively low compared to Agribank, Vietcombank, Dong A (table 2.6). div.maincontent .content_head3 { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: bold; text-decoration: none; font-size: 14pt; } div.maincontent .p { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; margin:0pt; } div.maincontent p { color: black; font-family:"Times New Roman", serif; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; margin:0pt; } div.maincontent .s1 { color: black; font-family:"Courier New", monospace; font-style: normal; font-weight: normal; text-decoration: none; font-size: 14pt; } div.maincontent .s2 { color: black; font-family:"Times New Roman", serif; font-style: italic; font-weight: normal; 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• Completing the organization of accounting for revenue, sales costs and determining business results at Hai Phong Paint Joint Stock Company - 1

Third, to determine the formal element of a legal contract, most countries prescribe the law of the place where the contract is signed or concluded. However, some countries also apply the law chosen by the parties or apply the law of personal status to determine the legal form of the Contract. The law of the place of performance of the contract is also applied in some Eastern European countries.

If the parties do not specify which law will apply to the contract, the judicial body (national court or arbitration institution) responsible for resolving the case will have to decide the applicable law. Each country has its own rules to guide the choice of law, but one of the following two rules has been used by the international community.

+ Applicable law is the law of the seller's country specified in the contract.

+ Applicable law is the law of the place where the contract is signed.

In addition, some international conventions or rules also have specific provisions on international transactions such as: United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980, effective in 1988; Uniform Legal Principles (UNIDROIT) of International Commercial Contracts 1994. The above two documents and other similar international documents can be chosen by the parties to regulate the contract and resolve disputes arising in relations related to the contract.

In short, every cross-border transaction raises the issue of applicable law. Applicable law is the law that the contracting parties choose to govern the issues related to the contract or the law that will be applied when the parties do not pre-select a specific law.

1.4.2 Conflicts regarding the effective date of international sales contracts

The determination of the effective time of the contract depends on the type and manner in which the parties express their agreement on the content of the contract. Some countries stipulate that the contract is effective immediately when the parties have reached a legal agreement and clearly agreed on the basic content of the contract (the type of goods purchased and sold and the price of the contract) regardless of whether the agreement is expressed.

in writing or by words or other conduct. Contractual agreements are not valid unless one of the parties clearly shows by his intention or by his clear conduct that he deliberately excludes the legal effect of such agreements.

However, many countries stipulate that a contract is only formed and effective when the agreement of the parties is legal and must meet certain procedural and formal conditions, then the contract is complete and effective.

The determination of the time of validity of a contract depends on the countries' conception of the time when the contract or contractual agreement becomes valid. According to the law of Western countries, the term "contract" is used to refer to a promise to do or not to do something, guaranteed by law by penalties or at least recognized by law. However, the laws of different countries have different provisions on the nature of this promise [20]. For example, in countries following the continental law system (Romano-Germanique), the "consent" view is more prominent, the intention of the parties to enter into a contract is a necessary and sufficient condition to prove the existence of a contractual obligation and is valid from the time the parties clearly agree to that intention by specific actions. Other legal systems require that the promise must be completed by a subsequent procedure, which can be the signing of an official document, or the giving of something. Some other legal systems require an economic exchange to clarify and reinforce the promise (in English law called “consideration”) before the contract becomes valid.

1.5 Importance of contract validity and legal consequences of international sales contracts

1.5.1 Importance of the validity of the International Sales Contract

First of all, we can affirm that the validity of the international sales contract reflects the freedom to enter into a contract and recognizes the legal agreement of the parties. A valid contract also means that the parties themselves have prevented fraud and abuse of power; any fraud or coercion regarding an agreement in the contract will not be legally effective. Sales contracts with fraudulent elements also destroy people's trust in the market and the legal system.

Furthermore, the parties themselves decide whether or not a contract exists to achieve their original purpose. Within the scope of an economy, business entities can only conduct their commercial activities abroad through commitments and international contracts for the purchase and sale of goods. An effective international contract for the purchase and sale of goods creates rights and obligations to transfer goods and make payments between the parties. Thus, through this contract, business entities can expand and implement their international business plans, bringing in more profits than when only doing business domestically. Within a country, the activities of that business entity contribute to the basis and driving force for the development of a country's foreign economy to integrate with the world economy.

Second, international contracts can exist in many different forms and are recognized and protected by law. The diversity in forms and methods of signing contracts has reduced transaction costs for the parties themselves and contributed to promoting commercial exchanges. If the cost of performing transactions is high, the parties will miss out on beneficial opportunities. Therefore, the procedures necessary to establish a valid contract, such as notary certification procedures in some legal systems, and mandatory written contract signing procedures have been limited in the legal systems of many countries. Moreover, by freely agreeing on contracts, the parties also limit themselves to the effective terms that the law must recognize. For example, the parties are still free to change the provisions prescribed by law as long as they are not contrary to the law, thereby significantly simplifying the process of signing a contract agreement.

1.5.2 Determining the effective date of the contract allows determining the time when the legal value of the rights and obligations of the parties begins to be binding.

The parties have no right to withdraw their commitments when the contract officially comes into effect, except in cases where the commitment can be changed by other agreements. From the time the contract comes into effect, the contract becomes important evidence to determine the law applicable to that contract and it is also the basis for starting to calculate the statute of limitations to file a lawsuit in court to request the contract to be declared invalid.

1.5.3 An invalid contract does not give rise to rights and obligations of the parties.

An invalid international contract is essentially a contract that is not recognized by law due to illegality during the signing process or the contents of the agreement between the parties being illegal, violating the prohibitions of the law. The consequences of invalidity directly affect the subjects participating in the transaction and society. When determining that a contract is invalid, the contract has no legal value at the time of signing, therefore, it does not give rise to the rights and obligations of the parties.

Ford, one of the world's largest car manufacturers, besides thousands of car sales contracts every day, also participates in many other business transactions such as investment, distribution, purchase of raw materials... John Mene, Ford's legal advisor [27] said: " On average, every day, our directors and department heads have to sign nearly 3,000 different contracts. And just one contract with errors is enough for us to lose millions of dollars. Therefore, the process of drafting and signing contracts is always carried out very closely, with many signatures of employees participating in the drafting of the contract" . Each contract will be the basis for creating related elements, thereby establishing business relationships between partners such as human resources, customers, contractors, costs, rights and responsibilities... and at the same time, it is the basis for legal protection.

In fact, there have been many cases where parties have signed contracts with each other and are in the process of implementing the contract, but then when a small dispute occurs, one of the two partners takes advantage of the lack of strictness in the contract to gain personal benefits. For example, if a partner signs a business contract with someone who does not have a business registration certificate and a dispute arises during the implementation of the business contract, and after the dispute arises, the other party agrees to complete the procedures within a certain period of time but that person still cannot complete the legal procedures to perform the agreed part of the contract, then one party can request to cancel the contract, declaring the content related to the goods invalid because the goods are not registered for business according to the provisions of law. At this time, even if that person is doing business legally, in this case there is still no basis to

require the business partner to fulfill the signed obligations of paying for the goods. Both parties will return to the original situation. Economic losses for both parties, but the person without a business registration when supplying goods will suffer much more. Thus, understanding the law of contracts will help the parties avoid or minimize disputes and losses that may arise when entering into a contract.

In many other cases, the rights and obligations of the parties are completely invalid because the subject of the contract is illegal or does not exist in reality from the beginning... (the contract is completely invalid). However, determining whether the contract is completely or partially invalid is also important because in cases where the contract includes many different provisions, not in all cases an invalid provision invalidates all other contents of the contract, but there are cases where a non-basic provision of the contract is invalid, the other contents are still legally binding on the parties, and the original purpose of the parties signing the contract is still achieved.

1.5.4 An invalid international contract for the sale of goods causes material and spiritual damage to the parties due to the need to restore the original state and return to each other what has been received.

In case the contract has not been performed, the parties must stop performing the contract. However, in most cases, the contract is in the process of being performed and one of the parties discovers that the contract is invalid and affects their rights or the rights of a third party. In that case, the parties must cancel the contract and return it to each other in the original condition before signing. The consequences of this handling are extremely difficult for the parties because the contract has been performed, the property is no longer intact, the money has lost its value, the investment opportunity has been lost, etc. Therefore, all countries stipulate that if the return cannot be made in kind, it must be paid in cash according to the compensation method equivalent to the price at the time of signing the contract, and at the same time, the party at fault for making the contract invalid must compensate. In case the contract is completely invalid because the goods of the contract are not allowed to circulate/are prohibited from circulation, the parties will also have the goods confiscated by the public.

In summary, the analysis of the role of the validity of international goods sale contracts shows that, for a contract to be valid and legally binding on the parties' obligations, the subjects participating in international goods sale activities need to carefully prepare the terms before signing the contract to ensure that the contract is valid in practice, avoiding possible risks that may cause the contract to be invalid.

1.6 Sources of law governing the validity of international sales contracts

1.6.1. National law

When the parties to a contract agree or the court or arbitrator, when resolving a dispute, chooses to apply the national law of the contracting country or the country where the contract is performed or the country where the goods that are the subject of the contract exist..., national law becomes an important source of law governing international sales contracts.

The national law of each country has legal regulations on the validity or legality of the International Sales Contract. The laws of most countries stipulate that the parties to an International Sales Contract may choose their own law or a foreign law to apply to the contract. The law of the country where the contract is signed or performed is often applied to determine the valid elements of the contract. Traders of a country have the right to choose a national law to regulate the International Sales Contract. When applying the law, the correct specialized law must be chosen and reference must be made to other laws if provided for in that specialized law.

In case the parties do not have an agreement on the applicable law governing the validity of the contract, the provisions of international treaties to which their country has signed or joined may be applied.

The cases where the Court or Arbitration chooses the law are cases where the contract does not specify the applicable law, and there is no separate written agreement between the two parties (the buyer and the seller) on the law applicable to the contract between the two countries involved in the contract or participating in an international treaty stipulating which law applies to the contract. When deciding which country's law to apply to resolve a dispute, the Court or Arbitration usually bases itself on the law of its own country or if the law of the country the Court indicates the law

If the law of the place where the contract was signed is specified, the Court will apply the law of the place where the contract was signed to resolve the dispute.

However, different national laws have different regulations on the choice of foreign law. Some countries allow the choice of any national law without any conditions. Some countries set certain conditions when choosing a foreign national law. For example, the 2005 Civil Code stipulates that foreign law can be applied if the application or consequences of the application are not contrary to Vietnamese law. In some cases, the parties may refer to the law of a third country to determine the validity of the contract, for example, a contract for the sale of goods in a third country.

In China [12], the relationship between the purchase and sale of goods is regulated by the Law on Contracts, while in the UK and the US there are many laws to regulate this relationship; in the UK there are: the Credit Sales Law of 1965; the Delivery Law of 1973; the Sales Law of 1979...; in the US there is the Uniform Commercial Code (UCC); Law on measures to secure the sale of consumer goods... In Vietnam, before the 2005 revised Civil Code, there were many legal documents regulating the sale and purchase of goods, including regulations on the conditions for the validity of civil contracts, economic contracts and invalid contracts such as the 1995 Civil Code, the Economic Contract Ordinance dated September 25, 1989, the 1997 Vietnam Commercial Law, Decree No. 57/1998/ND-CP detailing the implementation of the Commercial Law on import-export, processing and agency activities for the purchase and sale of goods with foreign countries, and documents guiding the implementation of that Code and Law. However, the provisions on the validity of the contract in those documents are still incomplete and inconsistent because there is no original law on contracts and there is still a distinction between economic contracts and civil contracts (commercial or civil elements in the contract are still controversial), there is no consensus on the definition of foreign elements, the status of the subject of the contract with foreign traders. The 2005 revised Vietnamese Civil Code, the 2005 Commercial Law and the implementing documents such as Decree No.

12/2006/ND-CP dated January 23, 2006 of the Government detailing the implementation of the Commercial Law on international goods trading activities and activities of agents purchasing, processing and transiting goods with foreign countries, Circular of the Ministry of Trade