General requirements for contracts with consumers in Vietnam as of July 1, 2024

General requirements for contracts with consumers in Vietnam as of July 1, 2024 (Internet image) 

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

1. General requirements for contracts with consumers in Vietnam as of July 1, 2024

Pursuant to Article 6 of Decree 55/2024/ND-CP regulating general requirements for contracts with consumers, standard form contracts, and general trading conditions:

Contracts concluded with consumers, standard form contracts, and general trading conditions shall meet the following requirements:

- The language used is Vietnamese; other languages may be used under agreements according to Clause 2 Article 23 of the Law on Protection of Consumers’ Rights 2023:

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.

- In the case of concluding paper contracts, the mandatory font size is 12 with Times New Roman font or equivalent sizes.

- The color of the letters and the color of the background shall contrast each other.

- The layout and design of the text shall be clear and easy to follow.

- Contents shall be clear, easy to follow, and in compliance with the law on the protection of consumers’ rights.

2. Responsibility for registration of standard form contracts and general trading conditions in Vietnam

Responsibility for registration of standard form contracts and general trading conditions in Vietnam are specified in Article 7 of Decree 55/2024/ND-CP as follows:

- Before using standard form contracts and general trading conditions included in the list of products, goods, and services subject to registration promulgated and amended by the Prime Minister of Vietnam to conclude contracts with consumers, traders shall carry out the registration with consumer right protection authorities according to Decree 55/2024/ND-CP.

- Standard form contracts and general trading conditions shall only be used for conclusion with or application to consumers after the registration is completed according to Clause 1 Article 12 of Decree 55/2024/ND-CP. 

If the consumer provides payments before the conclusion of standard form contracts and general trading conditions, makes a deposit or escrow, or implements security measures to fulfill other obligations concerning the conclusion of standard form contracts and general trading conditions, traders shall complete the registration and disclose standard form contracts and general trading conditions for the consumer's acknowledgment of the contents of such documents according to Clause 2 Article 12 of Decree 55/2024/ND-CP before the implementation of payments or the mentioned measures. 

- Before January 31 every year, traders with standard form contracts and general trading conditions included in the list of products, goods, and services subject to registration promulgated and amended by the Prime Minister of Vietnam shall submit reports on the registration and application of standard form contracts and general trading conditions registration authorities following Form No. 01 in the Appendix enclosed with Decree 55/2024/ND-CP.

Nguyen Ngoc Que Anh

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