Vietnam: What is the obligation of service providers when equipment is inadequate for the completion of the service provision to their consumers?

Main Content

• What are the obligations of service providers in Vietnam when equipment is inadequate for the completion of the service provision to their consumers?
• What is the time limit for completing services by service providers in Vietnam in case there is no agreement on the one?
• Are service providers in Vietnam required to follow the customer’s request for changes during the provision of services?
• What are the obligations of customers in service provision contracts in Vietnam?

What are the obligations of service providers in Vietnam when equipment is inadequate for the completion of the service provision to their consumers?

Under Article 78 of the Law on Commercial 2005 on the obligations of the service providers:

Obligations of the service providers

Unless otherwise agreed, the service provider shall have the following obligations:

1. To provide services and fully perform related jobs in accordance with agreements and the provisions of this Law;

2. To preserve and hand back to their customers documents and equipment supplied to them for the service provision after the completion thereof;

3. To promptly notify their customers in cases where information and documents are insufficient and equipment are inadequate for completion of the service provision;

4. To keep secret information they know in the course of service provision if so agreed upon by the parties or provided for by law.

Under the above regulations, service providers in Vietnam must promptly notify their customers in cases where information and documents are insufficient and equipment are inadequate for completion of the service provision.

Thus, service providers in Vietnam must promptly notify their customers in case equipment is inadequate for completion of the service provision.

What is the time limit for completing services by service providers in Vietnam in case there is no agreement on the one?

The time limit for completion of services is specified in Article 82 of the Law on Commercial 2005 as follows:

Time limit for completion of services

1. Service providers must complete their services within the time limits already agreed upon in contracts.

2. Where there is no agreement on the time limits for completing services, service providers shall have to complete their services within a reasonable time limit on the basis of taking into account all conditions and circumstances which service providers knew at the time the contracts were entered into, including any specific needs of customers regarding such time limit for service completion.

3. Where a service can be completed only when the customer or another service provider satisfies certain conditions, the provider of such service is not obliged to complete his/her service until those conditions are satisfied.

Thus, where there is no agreement on the time limits for completing services, service providers shall have to complete their services within a reasonable time limit on the basis of taking into account all conditions and circumstances that service providers knew at the time the contracts were entered into, including any specific needs of customers regarding such time limit for service completion.

Where a service can be completed only when the customer or another service provider satisfies certain conditions, the provider of such service is not obliged to complete his/her service until those conditions are satisfied.

Are service providers in Vietnam required to follow the customer’s request for changes during the provision of services?

Under Article 83 of the Law on Commercial 2005:

Customers’ requests for changes during the provision of services

1. During the provision of services, service providers must satisfy all reasonable requests of their customers for changes during the provision of services.

2. Unless otherwise agreed, customers must bear reasonable expenses for the satisfaction of their requests for changes.

Thus, during the provision of services, service providers must satisfy all reasonable requests of their customers for changes during the provision of services.

If the customer’s request for changes during the provision of services is considered unreasonable, service providers are not required to follow those requests.

Unless otherwise agreed, customers must bear reasonable expenses for the satisfaction of their requests for changes.

What are the obligations of customers in service provision contracts in Vietnam?

Under Article 85 of the Law on Commercial 2005, the obligations of customers are stipulated as follows:

Obligations of customers

Unless otherwise agreed, customers shall have the following obligations:

1. To pay charges for provision of services as agreed upon in contracts;

2. To provide in a timely manner plans, instructions and other details so that the provision of services can be made without any delay or interruption;

3. To cooperate with service providers in all other matters necessary for the proper provision of services;

4. Where a service is performed jointly by many service providers or by a provider in coordination with other service providers, customers shall be obliged to coordinate operations of these service providers so as not to impede the work of any service provider.

Thus, unless otherwise agreed, in service provision contracts, customers shall have the following obligations:

- To pay charges for provision of services as agreed upon in contracts;

- To promptly provide plans, instructions, and other details so that the provision of services can be made without any delay or interruption;

- To cooperate with service providers in all other matters necessary for the proper provision of services;

- Where a service is performed jointly by many service providers or by a provider in coordination with other service providers, customers shall be obliged to coordinate the operations of these service providers so as not to impede the work of any service provider.