Registering a contract according to the general trading conditions form is a mandatory procedure for business organizations and individuals using sample contracts on the prescribed list. This procedure aims to protect consumer rights and ensure transparency and fairness in transactions. This article provides detailed information about the documents and contract registration process according to the form to help customers clearly understand and implement quickly and conveniently.
Registering a contract according to the general trading conditions form
Requirements for contracts according to the general trading conditions form
Form contracts and general transaction conditions need to meet the requirements specified in Article 6 of Decree 55/2024/ND-CP. Specifically the following requirements:
The language used is Vietnamese and other languages can be agreed upon;
In case of written communication, the minimum font size is 12 in Times New Roman or equivalent size.
The font color and background color representing the text content must contrast.
Text layout and design must be clear and easy to follow.
Content must be clear, easy to understand and must comply with legal regulations on protecting consumer rights.
Responsibility for registering a contract according to the general trading conditions form
According to the provisions of Article 7 of Decree 55/2024/ND-CP, the responsibility for registering a contract according to the general trading conditions form is as follows:
Organizations and individuals trading in products, goods and services on the List prescribed by the Prime Minister must register contracts according to the form and general transaction conditions with state management agencies on consumer rights protection.
Form contracts and general transaction conditions are only used to conclude or apply to consumers when registration is completed. In case the consumer makes payment before concluding a contract according to the form, general transaction conditions or makes a deposit, escrow, or measures to ensure the performance of other obligations related to the conclusion of the contract according to the form, general transaction conditions, the business organization or individual must complete the registration and publicize the contract according to the form, general transaction conditions so that consumers know about the content of the documents before making the payment or the above measures.
Before January 31 every year, business organizations and individuals are responsible for reporting the status of registration and application of standard contracts and general transaction conditions to the agency receiving registration.
Procedures for registering a contract according to the general trading conditions form
Registration of the general transaction conditions model contract is carried out according to the provisions of Decree 55/2024/ND-CP as follows:
Registration documents
Registration dossier includes:
Contract registration form according to the form, general transaction conditions according to Model number 02 in the Appendix issued with Decree 55/2024/ND-CP;
Draft standard contract and general transaction conditions in Vietnamese.
Execution order
The procedure is as follows:
Step 1: Submit application
Submit documents to the state management agency on consumer protection through one of the following methods:
Direct;
By post;
Online in the electronic environment.
Step 2: Receive documents
Business organizations and individuals who submit applications will receive a receipt of the application, clearly stating the time of receipt and date of return of results.
Within 05 working days from the date of receiving the dossier, the agency competent to receive registration is responsible for checking the completeness and validity of the dossier. In case the dossier is not complete and valid, the competent agency receiving registration shall notify in writing for business organizations and individuals to amend and supplement the dossier. In case the dossier is complete and valid, the competent authority will evaluate the dossier.
Step 3: Evaluate the registration dossier
Evaluation of the registration dossier within 30 days from the date of receipt of the valid dossier and may be extended for a maximum of no more than 30 days in complicated cases. In case of extension, the competent agency receiving registration shall promptly notify business organizations and individuals of the time and reason for the extension.
During the process of evaluating the registration dossier, the competent agency receiving registration has the right to request business organizations and individuals to explain necessary issues related to the registration content.
Step 4: Complete the registration
In case the dossier of the business organization or individual fully complies with the regulations, the competent agency receiving the registration shall issue a notice of completion of contract registration according to the form and general transaction conditions. In case the dossier of a business organization or individual does not fully comply with regulations, the competent agency receiving registration shall notify in writing the results of dossier appraisal and clearly state the reason for not completing registration.
Business organizations and individuals are responsible for publicly announcing the notice of completion of registration and the completed registration form contract and general transaction conditions in the form of posting in a visible position at the headquarters, business location and posting on the electronic information portal and application software (if any) during the entire application period of that sample contract and general transaction conditions.
Jurisdiction to resolve
The authority to post contracts according to the general transaction conditions form is determined as follows:
The state management agency for protecting consumer rights under the Ministry of Industry and Trade has the authority to control model contracts and general transaction conditions in cases where model contracts and general transaction conditions are applied in two or more provinces and centrally run cities.
The state management agency for protecting consumer rights under the Provincial People’s Committee has the authority to control model contracts and general transaction conditions in cases where model contracts and general transaction conditions are applied within that province or centrally run city.
Instructions for registering a contract according to the general trading conditions form
Consulting services, guidance on registration of sample contracts and general trading conditions
Long Phan Consulting Company provides comprehensive consulting services, supporting businesses in the process of registering standard contracts and general transaction conditions. Our services include:
Consulting on the requirements to be met in the form contract;
Consulting on cases that require registering a contract according to the general trading conditions form;
Draft and review contracts, ensure legality and protect business interests;
Detailed instructions on the procedure and documentation for registering a contract according to the general trading conditions form;
Representing customers to carry out registration procedures;
Monitor and update the registration process, ensuring completion on time;
Consulting on issues that arise after completing registration.
Frequently asked questions about registering a contract according to the general trading conditions form
Customers can refer to the frequently asked questions below:
Where to submit sample contract registration documents?
The agency receiving registration dossiers is the state management agency in charge of protecting consumer rights, which can be at the central or local level, depending on the scope of application of the model contract.
What is the maximum time to evaluate registration documents?
The maximum time for evaluating registration documents is 30 working days from receipt of complete and valid documents, and can be extended by up to 30 days for complicated cases.
Can registration documents be submitted by other methods other than in person?
Yes, business organizations and individuals can submit applications by post or through the electronic environment (if available).
Is it necessary to notify consumers after successfully registering a model contract?
Yes, business organizations and individuals must publicly announce the registration completion notice and the registered sample contract.
How long is the registration form contract valid for?
The registered contract according to the form and general transaction conditions will be valid for the entire time the business organization or individual applies that document.
What draft documents are needed?
Registration dossier includes application form and draft sample contract in Vietnamese.
Clarification on registering a contract according to the general trading conditions form
Conclude
Registering a contract according to the general trading conditions form not only helps businesses comply with the law and avoid legal risks, but also builds trust from consumers. For detailed advice and support, please contact Long Phan Consulting Company via the hotline: 0906735386.