What are assessment services in Vietnam? What are the rights and obligations of customers requesting commercial assessment services in Vietnam?
What are assessment services in Vietnam? What are the contents of assessment?
According to the provisions of Article 254 of the 2005 Commercial Law in Vietnam, assessment services are commercial activities whereby traders perform necessary jobs to determine actual conditions of goods, results of the provision of services and other contents at the request of customers.
The contents of assessment are specified in Article 255 of the 2005 Commercial Law in Vietnam as follows:
Contents of assessment
Assessment comprises one or a number of contents regarding the quantity, quality, packing, value of goods, origin of goods, losses, safety, hygienic and quarantine standards, results of the provision of services, method of providing services and other contents at the request of customers.
Thus, based on the above content, the assessment comprises one or a number of contents regarding the quantity, quality, packing, value of goods, origin of goods, losses, safety, hygienic and quarantine standards, results of the provision of services, method of providing services and other contents at the request of customers.
What are assessment services in Vietnam? What are the rights and obligations of customers requesting commercial assessment services in Vietnam?
What are the rights and obligations of customers requesting commercial assessment services in Vietnam?
Pursuant to the provisions of Article 264 of the 2005 Commercial Law in Vietnam, Article 265 of the 2005 Commercial Law in Vietnam, a customer requesting commercial assessment services has the following rights and obligations:
(1) Rights of customers
- To request traders providing assessment services to perform the assessment according to the agreed contents;
- To request re-assessment if they have sound reasons to believe that traders providing assessment services fail to properly satisfy their requirements or perform the assessment in an untruthful and non-objective manner or with technical and professional errors;
- To request payment of fines or damages.
- Other rights unless otherwise agreed.
(2) Obligations of customers
- To supply in a sufficient, accurate and timely manner necessary documents to traders providing assessment services when so requested;
- To pay assessment service charges and other reasonable expenses.
- Other obligations unless otherwise agreed.
In case the trader providing assessment services gives incorrect assessment results, will the customer be compensated?
Pursuant to the provisions of Article 264 of the 2005 Commercial Law in Vietnam on the rights of customers as follows:
Rights of customers
Unless otherwise agreed, customers shall have the following rights:
1. To request traders providing assessment services to perform the assessment according to the agreed contents;
2. To request re-assessment if they have sound reasons to believe that traders providing assessment services fail to properly satisfy their requirements or perform the assessment in an untruthful and non-objective manner or with technical and professional errors;
3. To request payment of fines or damages according to the provisions of Article 266 of this Law.
Referring to the provisions of Article 266 of the 2005 Commercial Law in Vietnam as follows:
Fines and damages in case of incorrect assessment results
1. Where traders providing assessment services issue assessment certificates showing incorrect results caused by their unintentional faults, they must pay fines therefor to customers. The fine level shall be agreed upon by the parties but must not exceed ten times the assessment service charge.
2. Where traders providing assessment services issue assessment certificates showing incorrect results caused by their intentional faults, they must pay compensations for damage caused to customers that directly request the assessment.
3. Customers are obliged to prove that assessment results are incorrect and traders providing assessment services are at fault.
Thus, according to the above provisions, in case the trader providing assessment services provides incorrect assessment results, the customer will receive a fine for the violation and corresponding compensation for damage. To be specific:
- Where traders providing assessment services issue assessment certificates showing incorrect results caused by their unintentional faults, they must pay fines therefor to customers. The fine level shall be agreed upon by the parties but must not exceed ten times the assessment service charge.
- Where traders providing assessment services issue assessment certificates showing incorrect results caused by their intentional faults, they must pay compensations for damage caused to customers that directly request the assessment.
Thus, customers are obliged to prove that assessment results are incorrect and traders providing assessment services are at fault.
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