最近小編在審核合約的時候有其他法務來問，怎麼都會看到越南合約訂8%的罰款上限，如果是小編可能會被罰的一律刪除，但還是要看一下交易型態，越南很多約合約都會有違約罰款，下面是小編依法條整理違反合約之罰款上限，依照不同的合約型態有不同的法規適用。
1.民事合同
對於民事合同，違約金應由當事各方自由議定（不限於最高上限額）。
91/2015/ QH13 民法
Article 418. Agreements on fines against violations
1. Agreements on fines for violations are reached by the parties to a contract which requires the violating party to pay a fine to the aggrieved party.
2. The fine levels shall be agreed among the parties, unless otherwise prescribed by relevant laws.
3. The parties may reach an agreement that the violating party has to pay only a fine for violations and is not liable to any compensation for damage, or has to pay both a fine for violations and a compensation for damage.
In case the parties have an agreement on fines against violation which does not specify that the violating party has to pay both a find for violations and a compensation for damage, then the violating party has to pay only the fine for violations.
2.商業合同
違反合約義務的罰款額或多次違反的總罰款額，應由合約各方約定，但不得超過違約合約義務部分價值的8％。
36 / 2005 / QH11商法
The fine level for a breach of a contractual obligation or the aggregate fine level for more than one breach shall be agreed upon in the contract by the parties but must not exceed 8% of the value of the breached contractual obligation portion, except for cases specified in Article 266 of this Law.
3.施工合同
建築合約中的罰款水平不超過合約違約部分的12％。
50/2014/QH13建築法
1. Rewards or fines for construction contracts shall be agreed upon by the parties and stated in the contracts.
2. For works using state funds, the fine level must not exceed 12% of the value of the violated contract. In addition to the fine level as agreed upon, the violating party shall compensate for damage caused to the other party and a third party (if any) in accordance with this Law and relevant laws.
