15 prohibited clauses specified in contracts signed with consumers in Vietnam as of July 1, 2024

15 prohibited clauses specified in contracts signed with consumers in Vietnam as of July 1, 2024 (Internet image) 

Regarding this matter, LawNet would like to answer as follows:

15 prohibited clauses specified in contracts signed with consumers in Vietnam as of July 1, 2024

A trader in Vietnam must not specify the following clauses in contracts signed with consumers, standard form contracts and general trading conditions:

(1) Limiting or excluding the trader’s liability prescribed by law to consumers, unless such responsibility is limited or excluded by relevant laws;

(2) Limiting or excluding consumers’ rights to file complaints or lawsuits;

(3) Permitting the trader to unilaterally change regulations set out in the contracts signed with consumers;

(4) Permitting the trader to unilaterally change general trading conditions without providing provisions on the consumer's right to terminate contract;

(5) Permitting the trader to unilaterally determine that the consumer has failed to discharge one or more liabilities;

(6) Permitting the trader to determine or change the price at the time of delivering products or goods or supplying services, unless otherwise provided for by law;

(7) Permitting the trader to change the price during continuous supply of services without providing provisions on the consumer's right to terminate contract;

(8) Permitting the trader to interpret the contract or general trading conditions in case there is any confusion on interpretation of terms thereof;

(9) Excluding the trader’s liability in case of products or goods sold or services supplied by a third party;

(10) Forcing consumers to discharge their liability even if the trader has not discharged their liability;

(11) Permitting the trader to hand over liability to third parties without the consumer’s consent, unless otherwise prescribed by law;

(12) Specifying sanctions which are more unfavorable to consumers as a result of breach or termination of contract;

(13) Permitting the trader to extend contracts signed with consumers without specifying the responsibility to give prior notice or a mechanism for consumers to choose between extending or terminating contracts;

(14) Stipulating that the consumer’s consent for collection, storage or use of consumer information by the trader serves as a prerequisite for conclusion of contracts and general trading conditions, unless otherwise provided for by law;

(15) Specifying a term which is contrary to the requirement of good faith under regulations of civil law, causing an imbalance in the parties’ rights and obligations to the detriment of the consumer.

(Article 25 of the Law on Protection of Consumers’ Rights 2023)

Obligations of consumers in Vietnam as of July 1, 2024

Consumers in Vietnam have the following obligations:

- Inspect products and goods prior to their receipt as prescribed by law; select to consume products and goods of clear origin.

- Consume products, goods and services without violating laws, without contradicting fine traditions and customs, social ethics, without infringing upon national and public interests, and without causing harm to life, health and property of their own and others.

- Adhere to conditions and guidelines for transporting, preserving and using products, goods and services; regulations on inspection, environmental protection and sustainable consumption as prescribed by law.

- Promptly and accurately inform regulatory bodies, organizations and individuals concerned as any product, good or service circulated on the market is found failing to ensure safety, damaging or threatening to damage life, health, honor, dignity, reputation or property of consumers; notify traders’ acts which infringe upon the legitimate rights and interests of consumers.

- Bear responsibility for providing inaccurate or inadequate information relating to transactions between consumers and traders as prescribed by law.

- Assume other obligations as prescribed by law.

(Article 5 of the Law on Protection of Consumers’ Rights 2023)

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