Confidential Settlement Agreement - Tong Nguyen - 4840.docx (1)

CONFIDENTIAL SETTLEMENT AGREEMENT AND GENERAL RELEASE This Confidential Settlement Agreement and General Release (this “Agreement”) is made between Tong Nguyen (“Customer”), on the one hand, and VinFast Auto, LLC (“VinFast”), on the other hand (collectively, the “Parties”), and is based on the following recitals of fact. A. Customer has advised VinFast that Customer is dissatisfied with Customer’s VF8, VIN RLLV1AFAORH004840 (the “Vehicle”). B. Despite Customer’s alleged dissatisfaction with the Vehicle, Customer acknowledges and agrees that Customer has driven and used the Vehicle, and that no showing has been made that any alleged defect in the Vehicle claimed by Customer affects the value, safety or use of the Vehicle. C. At Customer’s request, the Parties have agreed that VinFast will pay Customer the sum of $2,000.00 ("Settlement Amount"). The Settlement Amount shall be paid as a one-time lump sum payment within 30 days from the date of the last signature in this Agreement. D. Customer shall retain full ownership and possession of the Vehicle. Customer agrees to waive and release all claims related to the Vehicle against VinFast. E. Without admission of fault or liability on the part of either of the Parties, the Parties, once and for all, desire to resolve Customer’s claims and any and all disputes between them and to effect a release, termination and waiver of any and all rights, duties, and obligations of VinFast, and which may exist toward VinFast, apart from the rights, duties, and obligations created by this Agreement. 1. Consideration. In consideration of the promises, conditions, waivers, and releases contained in this Agreement, the Parties agree that VinFast will pay the sums specified in Paragraph C of this Agreement (the “Settlement Sum”), and no other or additional sums. Customer explicitly agrees that the Settlement Sum is fully satisfactory to Customer and constitutes fair and valid consideration in exchange for the release and Customer’s obligations set forth in this Agreement. For avoidance of doubt, the Parties explicitly agree that VinFast is not liable for and will not pay any sums for attorneys’ fees or costs, both Parties agreeing that no such fees or costs are due or owing, and Customer representing that Customer has not retained any counsel to represent Customer regarding the subject matter of this Agreement. The sums due and owing under this Agreement will be paid to Customer by VinFast via check to Tong Nguyen at 175 Vienna Way, Henderson, NV 89074. 2. Waiver and Release. With respect to VinFast and its respective past and present affiliates (including, but not limited to, VinFast USA Distribution, LLC), owners, officers, directors, shareholders, members, agents, employees, attorneys, insurers, reinsurers, successors, assigns, parent companies, subsidiaries and divisions (the “Releasees”), Customer hereby waives and releases, to the greatest extent permissible by applicable law, any and all claims, rights, and causes of action, suits, known or unknown, asserted or unasserted, accrued or unaccrued Customer may have or claims to have had against VinFast or any of the Releasees, based on any act, occurrence, or omission, arising at any time in the past, up to and including the date this Agreement was executed, including, but not limited to (i) any action or cause of action or claim asserted, or that could have been asserted in any lawsuit, complaint or charge; and (ii) any and all claims, rights, causes of action, and grievances related to, on account of, arising out of, or in any Docusign Envelope ID: 1B88D1D3-FD43-8827-810D-04A2FD6FB1F4way connected with the Vehicle, purchase of the Vehicle, lease of the Vehicle, driving of the Vehicle and/or use of the Vehicle (“Released Claims”). Customer represents that this waiver and release of claims is given knowingly and voluntarily, and that Customer had an opportunity to consult with legal counsel. 3. No Other Consideration. Except for the payments specified in Paragraph C of this Agreement, Customer affirms that it has received all monies and consideration to which Customer may have been entitled, if any, and that no other monies or consideration are due to Customer. For the avoidance of doubt, the Parties agree that no attorneys’ fees will be paid or are owed to Customer. 4. Covenant Not to Sue and Related Provisions. i. To the extent permitted by applicable law, Customer promises not to file any lawsuit, complaint, claim, cause of action, charge or grievance with any court, arbitration provider or other tribunal with respect to any of the Released Claims. Customer represents and warrants that neither Customer, nor anyone acting on Customer’s behalf, has filed any lawsuit, complaint, claim, cause of action, charge or grievance against VinFast or any of the Releasees with respect to any of the Released Claims. Customer represents and warrants that if any lawsuit, complaint, claim, cause of action, charge or grievance is commenced against VinFast that involves or arises out of or relates to a Released Claim, Customer waives and agrees not to accept any award of compensation, money, or other damages as a result of such lawsuit, complaint, claim, cause of action, charge or grievance. ii. Nothing in this Agreement shall affect Customer’s rights under any applicable state, federal or local law that creates rights that may not be waived or released. 5. Confidentiality. i. Customer shall not discuss, publicize, disclose or circulate this Agreement or its terms and conditions, with the exception of limited disclosure to Customer’s attorney, financial advisors and tax preparer (provided that they agree not to discuss, publicize, disclose or circulate this Agreement or its terms and conditions) and except as may be required by law or regulation. If Customer is required by law or regulation to disclose this Agreement or its terms and conditions to any person or entity other than Customer’s attorney, financial advisors and tax preparer, Customer shall so inform VinFast via email at [email protected] as soon as is practicable, but no later than three (3) days after learning of the disclosure requirement. ii. Customer shall not make any defamatory statements regarding VinFast or any of the Releasees to anyone. iii. Customer agrees that the non-disclosure and non-disparagement provisions of this Agreement are material to VinFast’s consent to entering into this Agreement. Customer further agrees that in the event that Customer breaches the non-disclosure and/or the non-disparagement provisions of this Agreement, it would be extremely difficult if not impossible to ascertain the actual damages caused thereby. Therefore, Customer agrees that in the event that Customer is proven to have breached the non-disclosure and/or non-disparagement provisions of this Agreement, Customer shall pay VinFast the sum of Five Hundred Dollars ($500) for each violation as liquidated damages, which represents a fair estimate of the reasonable compensation for such a breach. 6. Voluntary Agreement. The Parties acknowledge and represent that, before signing this Agreement, they have read and understood the terms of this Agreement and have had an opportunity to review and discuss it with counsel of their choosing at their own expense, should they have elected to do Docusign Envelope ID: 1B88D1D3-FD43-8827-810D-04A2FD6FB1F4so. The Parties also acknowledge and represent that they have signed this Agreement knowingly and voluntarily, without duress or undue influence. 7. No Admission of Liability. While this Agreement resolves all issues between the Parties, it does not constitute an admission by either of the Parties of any violation of any federal, state or local law, ordinance or regulation, or of any liability or wrongdoing whatsoever. Neither this Agreement nor anything in this Agreement shall be construed to be or shall be admissible in any proceeding as evidence of liability or any wrongdoing whatsoever by either Party. This Agreement may be introduced, however, in any proceeding to enforce the Agreement. Such introduction shall be pursuant to an order protecting its confidentiality. 8. Joint Preparation. This Agreement shall be construed and interpreted as if all of its language were prepared jointly by VinFast and Customer. No language in this Agreement shall be construed against a party on the ground that such party drafted or proposed the language. The Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, representatives, successors, and/or assigns of Customer and VinFast. 9. Severability. If any part, term, or provision of this Agreement is found to be illegal or invalid, such illegality or invalidity shall not affect the remaining portions of this Agreement, which will remain in full force and effect. 10. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties on the subject matter herein and fully supersedes any and all prior agreements or understandings, written or oral. Any amendment or modification of this Agreement shall be effective only if in writing, signed by all of the Parties to this Agreement. This Agreement is entered into pursuant to the laws of the State of California, and shall be construed and interpreted in accordance with those laws. 11. Attorneys’ Fees. In the event of a dispute arising out of or related to this Agreement, including its application or a claim of breach, the prevailing party will be entitled to reasonable attorneys’ fees and costs. 12. Final and Binding. The Parties intend this Agreement to be final, binding, admissible, and enforceable under applicable law, including California Code of Civil Procedure Section 664.6 and California Evidence Code Sections 1115 et seq. 13. Taxes. Customer is responsible for paying any taxes on monies or other consideration Customer receives pursuant to this Agreement. VinFast does not make any representations as to the taxability of any of the amounts paid under this Agreement, and Customer understands that it should seek Customer’s own advice on the taxability of those amounts. In the event additional withholdings, tax payments, or penalties are assessed against any party to this Agreement as a result of Customer’s characterization of the Settlement Sum, Customer agrees to indemnify and hold harmless VinFast for such sums. 14. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument signed by all of the Parties. Photographic or electronically scanned and emailed copies of such signed counterparts may be used in lieu of originals for any purpose. Electronic signatures on this Agreement shall be deemed to have the same full force and effect as wet signatures. Docusign Envelope ID: 1B88D1D3-FD43-8827-810D-04A2FD6FB1F4PLEASE READ CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF CLAIMS. BEFORE SIGNING, YOU ARE HEREBY ADVISED TO CONSULT WITH COUNSEL ABOUT THIS AGREEMENT. HAVING ELECTED TO EXECUTE THIS AGREEMENT, TO FULFILL THE PROMISES SET FORTH HEREIN, AND TO RECEIVE THEREBY THE SUMS SET FORTH ABOVE, CUSTOMER FREELY AND KNOWINGLY, AND AFTER DUE CONSIDERATION, ENTERS INTO THIS AGREEMENT INTENDING TO WAIVE, SETTLE AND RELEASE ALL CLAIMS IT HAS OR MIGHT HAVE AGAINST VINFAST, RELEASED PARTIES AND ANY OF ITS RELATED ENTITIES OR PERSONS. Dated: ________, 2026 Customer Name: Tong Nguyen Dated: ________, 2026 VinFast Auto, LLC By: It's (Title): Docusign Envelope ID: 1B88D1D3-FD43-8827-810D-04A2FD6FB1F4 7/29/2026