Legal Counselling

Vietnam: How long is the warranty period for an information technology application project?

09:22, 08/09/2019

This is a notable content of Decree No. 73/2019/NĐ-CP of Vietnam’s Government on management of state investment in information technology application.

According to Article 38 of Decree No. 73/2019/NĐ-CP of Vietnam’s Government, minimum warranty period for a product of a project shall start from the date on which its commissioning and transfer record is signed by the investment project owner or the date on which a project’s work item is put to use. To be specific:

- A 24-month warranty period is applied to the product of a project of national importance or group A project;

- A 12-month warranty period is applied to the product of a group B or group C project.

thoi gian bao hanh san pham du an ung dung CNTT, Nghi dinh 73/2019/NĐ-CP

Besides, minimum warranty provision is expressed as a percentage (%) of value of a project’s product. To be specific:

- For products under 24-month warranty, the minimum warranty provision is 03%;

- For products under 12-month warranty, the minimum warranty provision is 05%.

Note: The contractor shall provide a letter of bank guarantee of equivalent value to the investment project owner or other forms of guarantee accepted by the investment project owner. The contractor shall only return the letter of guarantee upon the lapse of the warranty period and confirmation of completion of warranty from the investment project owner.

View responsibilities of parties in warranty at Decree No. 73/2019/NĐ-CP of Vietnam’s Government, effective from January 01, 2020.

Thu Ba

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