Contract registration procedures according to the form at the Department of Industry and Trade

Contract registration procedures according to the form at the Department of Industry and Trade is a mandatory legal process for business organizations and individuals using contracts according to the form in the List of products, goods and services that must be registered. This process is to ensure the rights of consumers and comply with current legal regulations. The following article will analyze in detail the steps to carry out this procedure at the Department of Industry and Trade.

Subjects must register the contract according to the form at the Department of Industry and Trade

Clause 1, Article 28 of the Law on Protection of Consumer Rights 2023 stipulates that organizations and individuals trading in products, goods and services that a large number of consumers buy and use regularly, continuously, and have an impact Direct, long-term impacts on consumers must register a form contract with the state management agency on protecting consumer rights before using it to enter into contracts with consumers.

In Subsection 5, Section B, Part II, Appendix issued together with Decision No. 2017/QD-BCT DATED JULY 31, 2024, more specific regulations are provided when business organizations and individuals use contracts according to the form in the List. For products, goods and services that must be registered on the List issued together with Decision No. 07/2024/QD-TTg dated June 20, 2024 of the Prime Minister, contract registration must be carried out according to the form . Accordingly, there are 08 following products, goods and services that need to register contracts according to the form:

• Providing electricity for domestic purposes.
• Providing domestic water.
• Pay TV.
• Terrestrial mobile telecommunications services (voice service, text messaging service, Internet access service).
• Fixed terrestrial telecommunications services (voice services, Internet access services).
• Transporting passengers by air.
• Railway passenger transport.
• Buy and sell apartments.

Meeting legal regulations on form contract registration helps ensure legality and protect consumer rights. Business organizations and individuals need to carefully study the relevant regulations before carrying out registration procedures.

The competent authority handles contract registration according to the form

Knowing clearly which agency has the authority to handle form contract registration helps organizations and individuals conduct business smoothly during the process of carrying out procedures. According to Clause 2, Article 14 of Decree 55/2024/ND-CP, the authority to control form contracts belongs to:

• State management agency for the protection of consumer rights under the Ministry of Industry and Trade: In case the form contract is applied in two or more provinces and centrally run cities.
• State management agency for protecting consumer rights under the Provincial People’s Committee: In case the form contract is applied within that province or centrally run city.

According to the provisions of Clause 2, Article 34 of Decree 99/2011/ND-CP, the local Provincial People’s Committee is the state management agency in charge of protecting local consumer rights. However, the Department of Industry and Trade is the agency that assists the Chairman of the Provincial People’s Committee in implementing state management of protecting consumer rights in the locality.

Therefore, when submitting a contract registration application according to the form applied within the province or centrally run city, organizations and individuals must submit the application to the Department of Industry and Trade at the Provincial People’s Committee or local authority. officials with equivalent functions.

Contract registration procedures according to the form at the Department of Industry and Trade

Registration documents

According to Subsection 3, Section B, Part II, Appendix issued with Decision No. 2017/QD-BCT, organizations and individuals need to prepare 01 set of contract registration documents according to the form, including the following documents:

• Contract registration form according to the form, general transaction conditions. This application must follow Form No. 02 in the Appendix issued with Decree No. 55/2024/ND-CP.
• Draft standard contract and general transaction conditions in Vietnamese. This draft needs to comply with regulations on content and form.
• Attached to the application are legal documents of the organization or individual submitting the application such as: Business registration certificate, citizen identification card, etc.

Preparing documents properly will help the contract registration procedures go quickly and smoothly. Business organizations and individuals should carefully check their documents before submitting them to the Department of Industry and Trade.

Steps to register

According to Subsection 1, Section B, Part II, Appendix issued with Decision No. 2017/QD-BCT, the contract registration process according to the form at the Department of Industry and Trade includes the following steps:

• Organizations and individuals submit 01 set of documents by post, online or directly to the Department of Industry and Trade under the local Provincial People’s Committee. After submitting the application, the organization or individual will receive a receipt of the application, clearly stating the time of receipt and date of return of results.
• The Provincial People’s Committee checks the completeness and validity of the dossier within 05 working days.
• The competent authority evaluates the dossier within 30 days from the date of receipt of complete and valid dossier. The dossier appraisal time limit can be extended for a maximum of 30 days. During the process of evaluating registration dossiers, the Provincial People’s Committee may request organizations and individuals to explain necessary issues related to registration content.
• If the dossier meets the provisions of Article 11 of Decree 55/2024/ND-CP, the competent authority shall issue a notice of completion of contract registration according to the form.
• After completing registration, the information will be publicly announced on the electronic information portal of the competent authority.

Complying with this process will help the registration process go smoothly, quickly and in accordance with the law.

Consulting services on contract registration procedures according to the form at the Department of Industry and Trade

Using consulting services on form contract registration procedures at the Department of Industry and Trade helps customers save time, effort and ensure the legality of the registration dossier. Customers can refer to Long Phan’s consulting services on contract registration procedures according to the form at the Department of Industry and Trade, including:

• Consulting on regulations on contract registration conditions according to the form, authority to receive documents.
• Support in preparing contract registration documents according to the prescribed form, including instructions on preparing the registration application and drafting the contract according to the prescribed form.
• Consulting on the process and time to carry out contract registration procedures according to the form at the Department of Industry and Trade according to the provisions of law.
• Monitor the process of handling documents and come up with a quick and professional handling plan.

Contract registration procedures at the Department of Industry and Trade can cause a lot of confusion for business organizations and individuals. Therefore, using professional services will help protect customers’ legitimate rights and interests better. For detailed support on this procedure, customers can contact Long Phan via hotline 0906735386 for specific advice.