Procedures for registration of model contracts and general transaction conditions

1. SUBJECTS IMPLEMENTING PROCEDURES:

Organizations, individuals trading in one of the following goods and services have to register their model contracts and general transaction conditions:

Supplying electricity for residential consumption;
Supplying running water
Pay television;
Terrestrial fixed telephone services;
Terrestrial mobile information services (form of payment: prepaid service);
Terrestrial mobile information services (form of payment: postpaid service);
Internet access services;
Air transport of passengers;
Rail transport of passengers;
Purchase and sale of apartments, daily-life services provided by apartment-managing units;
Life insurance.

2. SEQUENCES:

Step 1:

In case of registration: traders have to prepare the dossiers in accordance with the laws.
In case of re-registration: if there is a change in law which results in a change in the contents of the model contract, general transaction conditions; or when traders change the contents of the model contract, general transaction conditions then traders have to prepare the dossiers in accordance with the laws.

Step 2:

Receiving and returning results division – Department of Industry and Trade (DOIT)receives dossiers and checks the completeness of documents included in the dossier:

In case the dossier is complete as prescribed: issuing a Receipt.
In case the dossier is incomplete: instructing the submitter to complete the dossier according to the law.

Step 3:

Within 05 working days from the date of receiving the dossier, if the dossier is not valid, the Department of Industry and Trade shall send a written request to the trader to supplement the dossier.

Within twenty (20) working days after receiving a valid dossier, DOIT shall consider and send the trader a notice of acceptance of registration of a model contract or general transaction conditions.

In case of refusing such registration, DOIT shall send the trader a written reply clearly stating the reason.

Step 4:

Traders shall receive the results based on the appointment date on the receipt at the Receiving and Returning Results Division or can register to receive results by post.

3. HOW TO SUBMIT:

Directly sumitting or by post at / to Department of Industry and Trade.

4. DOSSIERS:

A registration dossier of a model contract or general transaction conditions comprises:

An application form (according to Appendix – Circular 10/2013/TT-BCT);
The draft model contract or general transaction conditions.

Quantity of dossier: 01 (one) set.

5. IMPLEMENTING DURATION:

Within 20 working days from the date of receipt of complete and valid documents.

6. IMPLEMENTING AUTHORITY:

Department of Industry and Trade.

7. FEES:

None.

8. RESULTS:

A written notice of acceptance of registration of a model contract or general transaction conditions, or a written reply clearly stating the reason.

9. REQUIREMENTS:

The language is Vietnamese. The contents are clear and understandable. The font size of the text is at least 12;
The paper background and ink color used in model contracts and general transaction conditions must contrast.

10. LEGAL BASIS:

Decree No. 99/2011/NĐ-CP dated 27/10/2011 of the Government on detailing and guiding a number of articles of the Law on Protection of consumer rights;
Decision No. 02/2012/QĐ-TTg dated 13/01/2012 of the Prime Minister on promulgating the list of essential goods and services of which model contracts and general transaction conditions must be registered;
Decision No. 35/2015/QĐ-TTg dated 20/8/2015 of the Prime Minister on amending Decision No. 02/2012/QD-TTg dated 13/01/2012 by the Prime Minister on promulgation of essential goods and services of which model contracts and general transaction conditions must be registered.
Decision dated 05/9/2018 of the Prime Minister on amending Decision No. 35/2015/QĐ-TTg dated 20/8/2015 of the Prime Minister on amending Decision No. 02/2012/QD-TTg dated 13/01/2012 by the Prime Minister on promulgation of essential goods and services of which model contracts and general transaction conditions must be registered.
Circular No. 10/2013/TT-BCT dated 30/5/2013 of the Ministry of Industry and Trade on promulgating the application form of registration for model contracts and general transaction conditions.