Vietnam: If the contract is lost, can the consumer request trader to provide a copy of the contract?
Vietnam: If the contract is lost, can the consumer request trader to provide a copy of the contract?
Pursuant to the provisions of Article 26 of the Law on Protection of Consumers’ Rights 2023, it is stipulated as follows:
Performance of standard form contracts
1. The consumer must be given a reasonable period of time to review the standard form contract prior to conclusion.
2. The trader shall retain the standard form contract until its expiry. If the contract retained by the consumer is lost or damaged, the trader shall, within 07 working days from the date of receiving the consumer’s request, provide a copy of the contract.
3. The standard form contract must be publicly announced by the trader in a distinct position at the head office and business locations, and on any websites or apps (if any) so as for consumers to know contents of the contract or make a deposit or payment in advance before concluding the contract.
According to the above regulations, if the contract retained by the consumer is lost or damaged, the trader shall provide a copy of the contract
Within 07 working days from the date of receiving the consumer’s request, the seller must provide a copy of the contract.
Vietnam: If the contract is lost, can the consumer request trader to provide a copy of the contract?
When will the traders in Vietnam be required to register their standard form contracts with a consumer right protection authority?
Pursuant to the provisions of Article 28 of the Law on Protection of Consumers’ Rights 2023, it is stipulated as follows:
Control of standard form contracts and general trading conditions
1. In case products, goods or services are regularly and continuously sold or supplied to a large number of consumers, thereby having direct and long-term impacts on consumers, before signing contracts with consumers, the trader is required to register their standard form contracts or general trading conditions with a consumer right protection authority.
According to socio - economic conditions and demands for consumer right protection from time to time, the Prime Minister shall promulgate or amend the List of products, goods and services required to have registration of standard form contracts and general trading conditions as prescribed in this Article.
2. Every consumer right protection authority shall participate in protecting consumers’ rights itself or at the request of any consumer or social organization in case it is authorized by the consumer to request a trader to cancel or modify the standard form contract or general trading conditions if it is discovered that such standard form contract or general trading conditions violate consumer’s rights.
3. The determination of legal consequences of the cancellation or modification of the standard form contract or general trading conditions under specific transactions established with consumers shall comply with regulations of civil law.
4. The industry and sector managing authority shall, within its jurisdiction, cooperate with the consumer right protection authority in controlling standard form contracts, general trading conditions as prescribed in this Article.
5. The Government shall elaborate this Article.
According to the above regulations, In case products, goods or services are regularly and continuously sold or supplied to a large number of consumers, thereby having direct and long-term impacts on consumers, before signing contracts with consumers, the trader is required to register their standard form contracts or general trading conditions with a consumer right protection authority.
What are the contents of standard form contract in Vietnam?
Pursuant to the provisions of Clause 3, Article 23 of the Law on Protection of Consumers’ Rights 2023, it is stipulated as follows:
Contracts signed with consumers, standard form contracts, general trading conditions
....
3. A standard form contract must contain at least:
a) Information about parties to the contract, including names, addresses, phone number or other contact method (if any);
b) Information about the product, good or service sold or supplied under the contract;
c) Measurements, quantity, volume, quality, uses and price of the product, good or service sold or supplied, components that constitute the final price of product, good or service if the law stipulates that the price of the product, good or service must be made publicly available;
d) Payment methods and deadline;
dd) Time, place and methods of selling or supplying about the product, good or service;
e) Parties’ rights and obligations in compliance with regulations of this Law and other relevant regulations of law;
g) Responsibility for protecting consumer information;
h) Cases of contract termination and liabilities arising from contract termination;
i) Force majeure events as prescribed by law;
k) Methods of dispute settlement;
l) Time of contract conclusion, contract term.
Accordingly, the contents of standard form contract are as prescribed above.
The Law on Protection of Consumers’ Rights 2023 will take effect from July 1, 2024.
LawNet