Procedures for registration of standard form contracts and general trading conditions under local authorities in Vietnam

Procedures for registration of standard form contracts and general trading conditions under local authorities in Vietnam
Nguyễn Thị Diễm My

Procedures for registration of standard form contracts and general trading conditions under local authorities in Vietnam are specified in Decision 2017/QD-BCT in 2024.

Procedure  for  registering  standard  contracts  and  common  transaction  conditions  under  local  authority

Procedures for registration of standard form contracts and general trading conditions under local authorities in Vietnam​ (Image from the internet)

Procedures for registration of standard form contracts and general trading conditions under local authorities in Vietnam 

(1) Procedure Sequence

- Organizations and individuals conduct registration of standard form contracts and general trading conditions in Vietnam shall prepare one set of documents as stipulated in Clause 1, Article 8 of Decree 55/2024/ND-CP. The documents can be sent via postal mail, directly, or online to the state management agency for consumer rights protection under the Provincial People's Committee (state management agency for consumer rights protection);

- The business organization or individual submitting the dossier will receive a receipt, indicating the time of receipt and the date of results return.

- Within five working days from the date of receiving the dossier, the Provincial People's Committee (state management agency for consumer rights protection) is responsible for inspecting the completeness and validity of the dossier.

In case the dossier is incomplete or invalid, the Provincial People's Committee (state management agency for consumer rights protection) shall notify in writing using Form No. 03 in the Appendix issued with Decree 55/2024/ND-CP for the business organization or individual to amend and supplement the dossier.

In case the dossier is complete and valid, the Provincial People's Committee (state management agency for consumer rights protection) shall proceed with the dossier appraisal as regulated.

- The state management agency for consumer rights protection under the Provincial People's Committee is responsible for appraising the dossier within 30 days from the date of receiving a complete and valid dossier as stipulated in Article 9 of Decree 55/2024/ND-CP. It may extend the period for a maximum of an additional 30 days in complicated cases. In cases of extension, the Provincial People's Committee (state management agency for consumer rights protection) shall promptly notify the business organization or individual of the extension period and reason.

During the appraisal process of the registration dossier, the Provincial People's Committee (state management agency for consumer rights protection) has the right to request the business organization or individual to explain necessary issues related to the registered content.

In case the dossier of the business organization or individual fully complies with the provisions of Article 11 of Decree 55/2024/ND-CP, the state management agency for consumer rights protection under the Provincial People's Committee shall issue a notice of completion of registration of the standard contract and common transaction conditions using Form No. 04 in the Appendix issued with Decree 55/2024/ND-CP. In case the dossier of the business organization or individual does not fully comply with the provisions of Article 11 of Decree 55/2024/ND-CP, the state management agency for consumer rights protection under the Provincial People's Committee shall notify in writing the results of the dossier appraisal, clearly stating the reasons for the incomplete registration using Form No. 05 in the Appendix issued with Decree 55/2024/ND-CP;

After completing the registration procedure, information about the organization, individual, and the registered standard contract and common transaction conditions will be publicly announced and archived on the electronic portal of the state management agency for consumer rights protection under the Provincial People's Committee. The business organization or individual is responsible for publicly announcing the registration completion notice and the registered standard contract and common transaction conditions by posting it in a noticeable position at their headquarters, business locations, and publishing it on their electronic portal, and application software (if available) throughout the entire period of applying the registered standard contract and common transaction conditions.

(2) Dossier Components

- Application for registration of standard contract and common transaction conditions using Form No. 02 in the Appendix issued with Decree 55/2024/ND-CP;

- Draft of the standard contract and common transaction conditions in Vietnamese.

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