Specific contracts with consumers in Vietnam

Specific contracts with consumers in Vietnam (Internet image)

1. Regulations on continuous service contract in Vietnam

Continuous service contract means a contract on service provision with an indefinite term or a term of three (3) months or more specified in Clause 2, Article 3 of Decree 99/2011/ND-CP.

According to Article 18 of Decree 99/2011/ND-CP, continuous service contracts is stipulated as follows:

- A continuous service contract must contain:

+ Name and contact address of the service provider;

+ Description of the service to be provided;

+ Service quality;

+ Time and duration of service provision;

+ Method of calculation of service charge and price;

+ Modes of service provision and payment.

- A continuous service contract shall be made in writing and one (1) copy shall be given to the consumer.

- Unless otherwise agreed by involved parties, a consumer may unilaterally terminate a continuous service contract at any time and notify such in writing to the service provider. When a consumer unilaterally terminates a contract, he/she shall only pay the charge or price for the service he/she has used.

- A service provider has the following obligations:

+ Unless otherwise agreed by involved parties, not to request a consumer to make any payments before the service is provided to the consumer;

+ Not to unilaterally terminate a contract and stop providing a service without a plausible reason. When repair or maintenance is required or there is another reason forcing it to stop the service, to notify consumers at least three (3) working days in advance before stopping the service;

+ To regularly examine the quality of its service and ensure the quality as committed with consumers;

+ Upon a consumer's notification of an incident or complaint about service quality, to promptly examine and settle such incident or complaint.

2. Regulations on distance contract in Vietnam

Distance contract means a contract concluded between a consumer and a goods or service trader via an electronic device or by telephone. according to Clause 1, Article 3 of Decree 99/2011/ND-CP.

Distance contract according to Article 17 of Decree 99/2011/ND-CP is stipulated as follows:

- When concluding a distance contract, a trader shall provide a consumer with the following information:

+ Name of the trader, telephone number, address, head office and address of the establishment responsible for the contract conclusion offer (if any);

+ Quality of the goods or service;

+ Goods delivery cost (if any);

+ Modes of payment and goods delivery or service provision;

+ The validity time of the offer and offered price;

+ Costs for use of communication devices for contract conclusion, if these costs are not included in the goods or service price;

+ Details on specifications, use and use method of the goods or service provided under the contract.

- When a contract conclusion offer is made by telephone, a trader should clearly state its name and address and purpose of the call right from the beginning.

- Unless otherwise agreed by involved parties, when a trader fails to properly or fully provide the information stated in Clause 1 of Article 17 of Decree 99/2011/ND-CP, within ten (10) days after concluding the contract, a consumer may unilaterally terminate the contract and notify such to the trader.

The consumer is not obliged to pay any costs related to that termination and shall only pay for the goods or service he/she has used.

- In case a consumer unilaterally terminates a contract under Clause 3 of Article 17 of Decree 99/2011/ND-CP, a trader shall refund the paid money to the consumer within thirty (30) days after the consumer announces to unilaterally terminate the contract.

Past this time limit, the trader shall pay interests for the delayed payment corresponding to the lime of delayed payment at the prime interest rate announced by the State Bank at the time of payment.

The refund shall be made by the mode of payment used by the consumer, unless the consumer agrees to the refund by another mode.

In case the contract termination causes damage to a consumer, a trader shall pay damages under the civil law.

3. Regulations on door-to-door sales contract in Vietnam

According to Clause 3, Article 3 of Decree 99/2011/ND-CP,  Door-to-door sale means the sale by a trader to a consumer at the latter's home or office.

Thus, oor-to-door sale means the sale by a trader to a consumer at the latter's home or office.

The door-to-door sales contract under Article 19 of Decree 99/2011/ND-CP is as follows:

- A door-to-door salesperson is the staff of a trader and has the following obligations when selling door-to-door:

+ To introduce the name, contact telephone number, address and head office of the trader responsible for the contract conclusion offer;

+ Not to insist on contract conclusion after being refused by a consumer;

+ To explain to a consumer about contract conditions and other information related to a goods or service that consumer is interested in.

- Unless otherwise agreed by involved parties, a door-to-door sale contract shall be made in writing and one (1) copy shall be given to the consumer.

- Within three (3) working days after concluding a contract, a consumer may request to unilaterally terminate that contract and notify such in writing to the trader. Before this time limit expires, a door-to-door salesperson may not request a consumer to make any payments or perform the contract, unless otherwise provided by law.

- When a door-to-door sale contract is made in writing, a consumer himself/herself shall fill in the date of the contract when concluding such contract.

- A trader shall take responsibility for all activities of its door-to-door salespersons.

Quoc Dat

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