Vietnam: Failing to keep the signed standard form contract until it expires shall be administratively punished

According to the Decree No. 98/2020/NĐ-CP of Vietnam’s Government, administrative penalties for violations against regulations on execution of standard form contract and contract containing general terms and conditions are as follows:

A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for committing one of the following violations:

- Failing to keep the signed standard form contract until it expires as prescribed;

- Failing to provide the copy of the contract to the consumer in case the contract kept by the consumer is lost or otherwise damaged.

A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for committing one of the following violations:

- Failing to make the contract containing general terms and conditions publicly available before entering into transactions with consumers;

- Failing to clearly indicate the time of application of the contract containing general terms and conditions or failing to post it at a prominent position at the point of transaction so that consumers can read it.

Besides, a fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for using a standard form contract or contract containing general terms and conditions in transactions made with consumers, which commits one of the following violations:

- The contract uses a text size smaller than the prescribed one;

- The language of the contract is not Vietnamese, unless otherwise agreed by the parties or prescribed by law;

- The paper background and ink color showing contents of the standard form contract or contract containing general terms and conditions are not contrast.

View more details at the Decree No. 98/2020/NĐ-CP of Vietnam’s Government, effective from October 15, 2020.

Ty Na

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