Cases of invalid terms of the contracts concluded with consumers and invalid general trading conditions in Vietnam

Contracts concluded with consumers in Vietnam

Pursuant to Article 14 of the Law on Protection of Consumers Rights 2010, form of contracts with consumers should comply with civil laws.

Where a contract is concluded with consumers in writing, the language of the contract must be clear, easily understood.

Language used in contracts with consumers is Vietnamese, unless the parties agree otherwise or otherwise provided by law.

Where the contract is concluded by electronic means, the organizations or individuals trading goods and/or services must let consumers check the entire contract before signing.

Cases of invalid terms of the contracts concluded with consumers and invalid general trading conditions in Vietnam (Internet image)

Cases of invalid terms of the contracts concluded with consumers and invalid general trading conditions in Vietnam

Pursuant to Article 16 of the Law on Protection of Consumers Rights 2010, terms of the contracts concluded with consumers and general trading conditions shall have no effect in the following cases:

- Where they exclude liability of organizations or individuals trading goods and/or services to consumers as prescribed by laws;

- Where they restrict or exclude the right to complaint and take lawsuits by consumers;

- Where they allow organizations or individuals trading goods and/or services to unilaterally change the conditions of the contract agreed in advance with the consumer or the rules, regulations for good sales or service supply applies to consumers when buying and using goods and/or services do not specifically indicate in the contract;

- Where they allow organizations or individuals trading goods and/or services to unilaterally determine the consumer who fails to perform one or more obligations;

- Where they allow organizations or individuals trading goods and/or services to set forth or change the price at the time of delivery of goods or providing of services;

- Where they allow organizations or individuals trading goods and/or services to explain the contract in case of different interpretation of the terms;

- Where they exclude liability of organizations or individuals trading goods and/or services in cases where organizations or individuals trading goods or services sell goods or provide services through a third party;

- Where they force consumers to comply with obligations even if the organizations or individuals trading goods and/or services have not fulfilled their obligations;

- Where they allow organizations or individuals trading goods and/or services to transfer rights and obligations to third parties without the consumer’s consent.

Declaration and settlement of the invalid terms of contracts concluded with consumers or invalid general trading conditions must comply with civil laws.

In which, general trading conditions are regulations, rules of sales, service delivery announced by organizations or individuals trading goods and/or services, and applicable to consumers.

Regulations on the implementation of form-based contracts in Vietnam

Pursuant to Article 17 of the Law on Protection of Consumers Rights 2010, when signing the form-based contract, organizations or individuals trading goods and/or services must give reasonable time for consumers to consider the contract.

Organizations or individuals trading goods and/or services must keep the concluded form-based contract until the contract expires. Where contract kept by consumer is lost or damaged, the organization or individual trading goods or services shall take responsibility for give consumer a copy of the contract.

Mai Thanh Loi

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