When shall the terms of the contracts concluded with consumers and general trading conditions have no effect in Vietnam?

When shall the terms of the contracts concluded with consumers and general trading conditions have no effect in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Who is consumer?

According to Clause 1, Article 3 of the Law on Protection of Consumer Rights 2010, consumer is a person who purchase or use goods and/or services for personal use or use for families or use for organizations.

Specifically, organization or individual trading goods and/or services is an organization or individual that perform one, several or all of the stages of the investment process, from production to sales of goods or supply of services in market for profit, including:

- Traders as defined by the Commercial Law;

- Individual who performs commercial activities independently, regularly, without business registration.

(Clause 2, Article 3 of the Law on Protection of Consumer Rights 2010)

2. When shall the terms of the contracts concluded with consumers and general trading conditions have no effect in Vietnam?

According to Clause 1, Article 16 of the Law on Protection of Consumer 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.

3. Rights and obligations of consumers in Vietnam

3.1. Rights of consumers in Vietnam

Article 8 of the Law on Protection of Consumer Rights 2010 stipulates the rights of consumers as follows:

- Being protected safely as to their life, health, property, and other legitimate rights and interests when being involved in transactions, use of goods and/or services provided by organizations or individuals trading goods and/or services.

- Being provided accurate and complete information about organizations or individuals trading goods or services; contents of transaction of goods and/or services; the source and origin of goods; being provided with invoices and vouchers and documents relating to the transactions and other necessary information about goods and/or services that consumers purchase and/or use.

- Being entitled to select goods or services, organizations or individuals trading goods and/or services according to their actual needs and conditions; decide to participate or not participate in the transaction and agreed contents when joining transaction with organizations or individuals trading goods and/or services.

- Being entitled to offer suggestions to organizations or individuals trading goods and/or services on price, quality of product or service, service style, trading methods and other content concerning transactions between consumers and organizations or individuals trading goods and/or services.

- Being entitled to participate in formulating and implementing policies and legislation on protection of the interests of consumers.

- Being entitled to rrequire compensation if the provided goods or services do not match technical standards or norms, quality, quantity, features, usage, pricing or other contents that organizations or individuals trading goods and/or services already announced, posted, advertised or pledged.

- Being entitled to complaint, denounce and take a lawsuit or propose social organization to take a lawsuit in order to protect their rights under the provisions of this Law and other provisions of law involved.

- Getting Advice, support and guidance on the knowledge for consumption of goods and/or services.

3.2. Obligations of the consumers in Vietnam

Consumers are responsible for performing the following obligations:

- Checking before receiving the goods; selecting and consume goods and/or services with clear origin or source, without cause harm to the environment, contrary to the fine customs and social morals, not causing harm to their lives or health and that of others; observing precisely and fully the manual of goods and/or services.

- Informing state agencies, organizations or individuals concerned when detecting goods and/or services circulating in the market are not safe, causing damage or threatening to cause damage to life, health and property of consumers, behaviors of organizations or individuals trading goods and/or services infringe upon the legal rights or interests of consumers.

(Article 9 Law on Protection of Consumer Rights 2010)

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