VIETNAM – LATEST GUIDE TO CONTRACT MANUFACTURING AND TOLLING AGREEMENTS
Contract 15 - 01 - en
1. Clause (4): Financial Liability
Memorandumof understanding shallnot result any financial liabilities
on any of the parties.
Clause (5): Duration
Memorandumof understanding herein shallbe effective from the date
that the representatives of the parties have signed thereof and shall
remain into force over the firstterm of taking the seat, which extends
for four years.
Clause (6): Amendment
Amendment of memorandum of understanding herein shall be by a
written document signed by both parties and such amendment shallbe
an integral part of the memorandum.
Clause (7): Confidentiality
The parties shall undertake to not useor discloseany confidential
information received from the other party regarding the memorandum
herein, directly or indirectly, to any person whomsoever, exceptfor the
reasons that havebeen accurately described by the memorandum of
understanding herein, However, this section shall not contain any
clauses that prohibitparties to use or discloseconfidential information
in any of the following cases:
A – Confidential information is available and disclosed to the public
when it has been used or disclosed by any of the parties, provided that
such disclosureshall not consista breach to any of the memorandum of
understanding's clauses.
B – A third party, that is not subjected to any obligations of maintaining
confidentiality, had disclosed confidential information.
C – In casethat disclosureof confidential information was a necessity in
accordancewith any of applicable laws, governmentalbodies or
authorities, or a court ruling, provided that the party that wish to
discloseconfidential information shall, by using the practical and
2. appropriateways and as quickly as possible, inform the second party, so
that the second party may has the opportunity to provethe firstparty
has no need to disclosesuch information.
Clause (8): Relation between parties
Parties have signed the memorandum herein as independent and
separated contractors, as there is no clause within this memorandum
may provethat any of the parties, in anyway, is an agent or a partner for
the other party.
Any of the parties shall not have any validity or authority over the
properties and business of the other party, except for what has been
explicitly stipulated in the memorandum herein.