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

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

The procedures for registration of standard form contracts and general trading conditions under the local authority in Vietnam are specified in Decision 1372/QD-BCT in 2024.

Thủ tục đăng ký hợp đồng theo mẫu, điều kiện giao dịch chung thuộc thẩm quyền của địa phương

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

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

- The application includes:

+ Applications for registration of standard form contracts and general trading conditions amde according to Form No. 02 in the Appendix issued with Decree 55/2024/ND-CP;

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

- Number of documents: 01 set

- Method of submitting documents:

+ By post;

+ Submit online in the electronic environment;

+ Submit directly to the consumer right protection authorities under the People's Committee of provinces.

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

- The applicants shall prepare 01 set of documents as prescribed in Clause 1, Article 8 of Decree 55/2024/ND-CP and submit it in person, by post, or online to consumer right protection authorities under the People's Committee of provinces (consumer right protection authorities);

- 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 receiving authority shall appraise the application according to regulations;

- Consumer right protection authorities under the People's Committee of provinces 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, consumer right protection authorities under the People's Committee of provinces shall promptly notify traders of the extended time and reasons.

During the registration application appraisal, consumer right protection authorities under the People's Committee of provinces 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, consumer right protection authorities under the People's Committee of provinces 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, consumer right protection authorities under the People's Committee of provinces 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 consumer right protection authorities under the People's Committee of provinces.  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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