What are the contents of standard form contracts in Vietnam under the Law on Protection of Consumers' Rights 2023?
What are the contents of standard form contracts in Vietnam?
Pursuant to Article 405 of the Civil Code 2015 stipulates a contract according to the following form:
Standard form contracts
1. Standard form contract means a contract containing terms and conditions which are prepared by a party based on a standard form requiring the other party to reply within a reasonable period of time. If the offeree accepts, it shall be deemed to have accepted the entire contract provided by the offeror.
The standard form contract must be public in order for the parties to know or should know the contents of the contract.
Procedures for announcement of standard form contract shall comply with regulations of law.
2. Where a standard form contract contains terms and conditions which are unclear, such terms and conditions shall be interpreted in a manner favoring the offeree.
3. Where a standard form contract contains provisions exempting the party providing such standard form contract from liability, or increasing the liability of or waiving legitimate interests of the other party, such provisions shall be ineffective, unless otherwise agreed.
Accordingly, standard form contract means a contract containing terms and conditions which are prepared by a party based on a standard form requiring the other party to reply within a reasonable period of time. If the offeree accepts, it shall be deemed to have accepted the entire contract provided by the offeror
Pursuant to the provisions of Clause 3, Article 23 of the Law on Protection of Consumers' Rights 2023, a standard form contract must contain at least:
- Information about parties to the contract, including names, addresses, phone number or other contact method (if any);
- Information about the product, good or service sold or supplied under the contract;
- 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;
- Payment methods and deadline;
- Time, place and methods of selling or supplying about the product, good or service;
- Parties’ rights and obligations in compliance with regulations of this Law and other relevant regulations of law;
- Responsibility for protecting consumer information;
- Cases of contract termination and liabilities arising from contract termination;
- Force majeure events as prescribed by law;
- Methods of dispute settlement;
- Time of contract conclusion, contract term.
What are the contents of standard form contracts in Vietnam under the Law on Protection of Consumers' Rights 2023?
What is the language used in standard form contracts in Vietnam?
Pursuant to the provisions of Clause 2, Article 23 of the Law on Protection of Consumers' Rights 2023, the following provisions are made:
Contracts signed with consumers, standard form contracts, general trading conditions
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2. Language and forms of written contracts signed with customers, standard form contracts or general trading conditions must be clear and coherent.
The language used in contracts signed with consumers, standard form contracts and general trading conditions is Vietnamese. Parties may agree to use ethnic minority languages of Vietnam or foreign languages. In the event of any discrepancy between the Vietnamese version and the version using an ethnic minority language of Vietnam or a foreign language, the version that is more favorable to consumers shall prevail.
According to the above regulations, the language used in standard form contracts is Vietnamese.
However, parties may agree to use ethnic minority languages of Vietnam or foreign languages.
In the event of any discrepancy between the Vietnamese version and the version using an ethnic minority language of Vietnam or a foreign language, the version that is more favorable to consumers shall prevail.
What is the performance of standard form contracts in Vietnam?
Pursuant to Article 26 of the Law on Protection of Consumers' Rights 2023, the performance of standard form contracts is as follows:
- The consumer must be given a reasonable period of time to review the standard form contract prior to conclusion.
- 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.
- 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.
The Law on Protection of Consumers' Rights 2023 will take effect from July 1, 2024
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