Clubs · Nov 19, 2024 · 3 min read
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Clubs · Nov 19, 2024 · 3 min read
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This article helps you understand the new legal regulations related to contracts between businesses and consumers, effective from July 1, 2024. These regulations aim to protect consumer rights and ensure business responsibilities in commercial transactions, creating a fair and transparent business environment.
Law on Consumer Rights Protection 2023 was issued by the Government on June 20, 2023 and will officially take effect from July 1, 2024.
Accordingly, from July 1, 2024, regulations on contracts concluded with consumers, sample contracts, and general transaction conditions will apply according to Law on Consumer Rights Protection 2023, specifically as follows:
The form and language of contracts concluded with consumers, form contracts, and general transaction conditions are specified as follows:
- Forms of contracts concluded with consumers, sample contracts, and general transaction conditions are implemented in accordance with civil law and other relevant laws.
- The language and form of contracts entered into with consumers, form contracts, and general transaction conditions in the case of written documents must be clearly expressed and easy to understand.
The language used in contracts concluded with consumers, form contracts, and general transaction conditions is Vietnamese. The parties may agree to use other Vietnamese ethnic languages or foreign languages. In case there is a difference between the Vietnamese version and other ethnic Vietnamese language versions or foreign language versions, the version more beneficial to consumers shall prevail.
(Pursuant to the provisions in Clauses 1 and 2, Article 23 Law on Consumer Rights Protection 2023).
The form contract must have the following basic contents:
- Information of the parties in the contract includes: names, addresses, phone numbers, other contact methods (if any).
- Information about products, goods and services sold and provided under contract.
- Measurement, quantity, volume, quality, utility, price of products, goods, services sold, provided, components constituting the final price of products, goods, services if The law requires that prices of products, goods and services be publicly disclosed.
- Payment method and deadline.
- Time, place, method of selling and providing products, goods and services.
- Rights and obligations of the parties to ensure compliance with the provisions of this Law and other relevant laws.
- Responsibility to protect consumer information.
- In case of termination of contract performance and liability arising due to termination of contract performance.
- In case of force majeure according to the provisions of law.
- Dispute resolution methods.
- Time of entering into the contract, duration of the contract.
In addition to the basic contents mentioned above, the form contract must comply with other relevant laws,
(Pursuant to the provisions in Clauses 3 and 4, Article 23 Law on Consumer Rights Protection 2023).
The interpretation of contracts entered into with consumers, form contracts, and general transaction conditions is carried out in accordance with the provisions of Article 25. Law on Consumer Rights Protection 2023:
In case of different understandings about the content of contracts entered into with consumers, form contracts, and general transaction conditions, the interpretation will be made in favor of the consumer.
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