Procedures for registering standard form contracts and general trading conditions under the authority of the Ministry of Industry and Trade of Vietnam

Procedures for registering standard form contracts and general trading conditions under the authority of the Ministry of Industry and Trade of Vietnam (Image from the internet)

On July 31, 2024, the Ministry of Industry and Trade issued Decision 2017/QD-BCT on the announcement of newly issued and amended administrative procedures in the field of consumer protection within the scope of the Ministry of Industry and Trade's management.

Procedures for registering standard form contracts and general trading conditions under the authority of the Ministry of Industry and Trade of Vietnam

The procedures for registering standard form contracts and general trading conditions under the authority of the Ministry of Industry and Trade of Vietnam are implemented as follows:

(1) Implementation sequence

- Organizations or individuals registering standard form contracts and general trading conditions prepare one set of documents as stipulated in Clause 1, Article 8 of Decree 55/2024/ND-CP and send it via post, directly, or online through electronic means to the Ministry of Industry and Trade (National Competition Commission);

- Business organizations or individuals submitting the documents will receive a receipt specifying the date of receipt and the expected date of result delivery;

- Within 5 working days from the date of receiving the documents, the competent authority responsible for registration reviews the completeness and validity of the documents. If the documents are incomplete or invalid, the competent authority notifies in writing as specified in Form No. 03 of the Appendix issued with Decree 55/2024/ND-CP for the business organization or individual to amend or supplement the documents. If the documents are complete and valid, the Ministry of Industry and Trade (National Competition Commission) proceeds with the assessment as per the regulations;

- The Ministry of Industry and Trade of Vietnam (National Competition Commission) is responsible for assessing the documents within 30 days from the date of receipt of valid documents as stipulated in Article 9 of Decree 55/2024/ND-CP and may extend the deadline by a maximum of 30 days in complex cases. If extended, the Ministry of Industry and Trade (National Competition Commission) promptly informs the business organization or individual about the time and reason for the extension.

During the document assessment process, the Ministry of Industry and Trade (National Competition Commission) has the right to request the business organization or individual to provide explanations regarding necessary issues related to the registration content.

If the documents of the business organization or individual fully comply with the provisions of Article 11 of Decree 55/2024/ND-CP, the Ministry of Industry and Trade (National Competition Commission) issues a notification of the completion of the registration of standard form contracts and general trading conditions as stipulated in Form No. 04 of the Appendix issued with Decree 55/2024/ND-CP.

If the documents of the business organization or individual do not fully comply with the provisions of Article 11 of Decree 55/2024/ND-CP, the Ministry of Industry and Trade (National Competition Commission) notifies in writing the assessment results and specifies the reasons for the incomplete registration according to Form No. 05 of the Appendix issued with Decree 55/2024/ND-CP.

After completing the registration procedure, information about the business organization or individual and the registered standard contract and general transaction conditions is publicly announced and stored on the electronic portal of the Ministry of Industry and Trade (National Competition Commission). Business organizations or individuals are responsible for publicly announcing the completed registration notification and the registered standard contract and general transaction conditions by posting them in a visible place at the office, business location, and uploading them to the electronic portal or application software (if any) throughout the entire period of application of the said standard contract and general transaction conditions.

(2) Implementation methods

- Via postal service;

- Online submission through electronic means;

- Direct submission at the Ministry of Industry and Trade (National Competition Commission).

(3) Document composition and quantity

- Document composition:

+ Application for registering standard form contracts and general trading conditions according to Form No. 02 of the Appendix issued with Decree 55/2024/ND-CP;

+ Draft standard contract and general transaction conditions in Vietnamese.

- Quantity: 01 set

(4) Processing time: 30 (thirty) days from the date of receipt of valid documents, extendable by up to 30 days in complex cases.

(5) Administrative procedure applicants: Business organizations or individuals using standard form contracts and general trading conditions under the list of products, goods, and services that require registration as issued by the Prime Minister of the Government of Vietnam.

(6) Implementing agency:

Ministry of Industry and Trade (National Competition Commission).

(7) Result of administrative procedure: Notification of completion of the registration of standard form contracts and general trading conditions.

(8) Fees and charges: Not specified.

(9) Form name:

Application for registering standard form contracts and general trading conditions according to Form No. 02 of the Appendix issued with Decree 55/2024/ND-CP.

(10) Requirements and conditions for implementing administrative procedures:

- Products, goods, and services applying standard form contracts and general trading conditions must be listed in the list of products, goods, and services that require registration as issued by the Prime Minister of the Government of Vietnam.

- Fully complying with the provisions of Article 11 of Decree 55/2024/ND-CP.

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