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

Procedures for registration of standard form contracts and general trading conditions in Vietnam under the authority of the Ministry of Industry and Trade
Nguyễn Thị Diễm My

Procedures for registration of standard form contracts and general trading conditions in Vietnam under the authority of the Ministry of Industry and Trade are specified in Decision 1372/QD-BCT in 2024

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

Procedures for registration of standard form contracts and general trading conditions in Vietnam under the authority of the Ministry of Industry and Trade (Internet image)

1. Applications for registration of standard form contracts and general trading conditions in Vietnam under the authority of the Ministry of Industry and Trade

- Application form for registration of standard form contracts and general trading conditions following Form No. 02 in the Appendix enclosed with Decree 55/2024/ND-CP;

- Draft standard form contracts and general trading conditions in Vietnamese.  

2. Procedures for registration of standard form contracts and general trading conditions in Vietnam under the authority of the Ministry of Industry and Trade

- Organizations and individuals registering standard form contracts and general trading conditions shall prepare 01 set of documents specified in Clause 1, Article 8 of Decree 55/2024/ND-CP and send it by post or directly or online via the electronic environment to the Ministry of Industry and Trade (Viet Nam Competition Commission);

- After submitting the application, the trader will receive a receipt note, which specifies the receipt time and result return date;

- Within 5 working days from the date of receipt of the application, the receiving authority shall inspect its adequacy and validity. In case the application is inadequate or invalid, the receiving authority shall issue a written notification following Form No. 03 in the Appendix enclosed with Decree 55/2024/ND-CP to the trader for them to revise such application. If the application is adequate and valid, the Ministry of Industry and Trade (Viet Nam Competition Commission) shall appraise the application according to regulations;

- The Ministry of Industry and Trade (Viet Nam Competition Commission) shall appraise registration applications within 30 days from the date of receipt of valid applications according to Article 9 of Decree 55/2024/ND-CP. The appraisal time may be extended for up to 30 more days in complicated cases.  In case of appraisal time extension, the Ministry of Industry and Trade (Viet Nam Competition Commission) shall promptly notify traders of the extended time and reasons.

During the registration application appraisal, the Ministry of Industry and Trade (Viet Nam Competition Commission) may request traders to explain necessary issues concerning the registration contents. 

In case applications of traders comply with Article 11 of Decree 55/2024/ND-CP, the Ministry of Industry and Trade (Viet Nam Competition Commission) shall issue notifications of the completion of the registration of standard form contracts and general trading conditions following Form No. 04 in the Appendix enclosed with Decree 55/2024/ND-CP. In case applications of traders fail to comply with Article 11 of Decree 55/2024/ND-CP, the Ministry of Industry and Trade (Viet Nam Competition Commission) shall issue written notifications of the application appraisal specifying the reasons for the incompletion of the registration of the applications following Form No. 05 in the Appendix enclosed with Decree 55/2024/ND-CP.

After completing registration procedures, information on traders and standard form contracts and general trading conditions with completed registration shall be disclosed and stored on the web portals of the Ministry of Industry and Trade (Viet Nam Competition Commission).  Traders shall disclose notifications of registration completion and standard form contracts and general trading conditions with completed registration by posting them up at an easy-to-notice position at their headquarters or trading locations and disclosing them on their web portals or software applications (if any) during the whole period of application of such standard form contracts and general trading conditions.

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