Circular No. 10/2013/TT-BCT dated May 30, 2013 of the Ministry of Industry and Trade promulgating the application registration form for model contract and general transaction provisions

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ATTRIBUTE

Circular No. 10/2013/TT-BCT dated May 30, 2013 of the Ministry of Industry and Trade promulgating the application registration form for model contract and general transaction provisions
Issuing body: Ministry of Industry and TradeEffective date:
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Official number:10/2013/TT-BCTSigner:Ho Thi Kim Thoa
Type:CircularExpiry date:Updating
Issuing date:30/05/2013Effect status:
Known

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Fields:Commerce - Advertising

SUMMARY

REGULATIONS ON CONTENTS OF APPLICATION REGISTRATION FORM FOR MODEL CONTRACT AND GENERAL TRANSACTION PROVISIONS

On May 30, 2013, the Ministry of Industry and Trade issued the Circular No. 10/2013/TT-BCT promulgating the application registration form for model contract and general transaction provisions.

According to this Circular’s requirements, it is compulsory to clarify the subjects of consumers, the scope of application must be applied in nationwide or one, some central-affiliated cities and provinces (clearly inscribing name of central-affiliated cities and provinces if not being applied in nationwide). Anytime when detecting that content of model contracts, general transaction conditions violate law on protection of consumers’ rights, agencies accepting registration have right of and responsibility for requesting the business organizations, individuals to amend, cancel that violating content.  Already studied carefully regulations of law and commit  that model contracts, general transaction conditions enclosed this registration application do not contain any terms violating  law on protection of consumers’ rights and the general principles of signing contracts and individual and organizations shall take responsibility entirely for the truthfulness and accuracy of contents in registration application and documents enclosed.

This Circular takes effect on May 30, 2013 and replaces the Decision No. 659/QD-BCT dated February 15, 2012.
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Effect status: Known

THE MINISTRY OF INDUSTRY AND TRADE

Circular No. 10/2013/TT-BCT dated May 30, 2013 of the Ministry of Industry and Trade promulgating the application registration form for model contract and general transaction provisions

Pursuant to the Decree No. 95/2012/ND-CP dated November 12, 2012 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Decree No. 99/2011/ND-CP dated October 27, 2011 of the Government detailing and guiding a number of articles of the Law on Protection of Consumer Rights;  

At the proposal of the Director of Vietnam Competition Authority;

The Minister of Industry and Trade issues the Circular promulgating the application registration form for model contract and general transaction provisions,

Article 1. Attached model documents

To attach with this Circular the application registration form for model contract and general transaction provisions

Article 2. Effect

This Circular takes effect on May 30, 2013 and replaces the Decision No. 659/QD-BCT dated February 15, 2012 of the Minister of Industry and Trade on promulgating the application form of registration for model contracts and general transaction conditions.

Article 3. Implementation organization

Vietnam Competition Authority, the Services of Industry and Trade of central-affiliated cities and provinces and relevant organizations and individuals shall implement this Circular.

For the Minister of Industry and Trade

Deputy Minister

Ho Thi Kim Thoa


THE APPLICATION FORM

MODEL REGISTRATION CONTRACTS AND GENERAL TRANSACTION PROVISIONS (1)
(Attached with the Circular No.10/2013/TT-BCT dated May 30, 2013 of the Minister of Industry and Trade)

Respectfully for(2):

The business organization or individual (3):

I. Content of request for registering model contracts and general transaction conditions(1):

1. The first registration/ re-registration:

2. Applying to type of commodities/ services:

3. Subjects of application (4):

4. Scope of application (5):

5. Time of application (6):

II. The business organization or individual hereby commitments and understands that:   

1. Ensuring for model contracts, general transaction conditions to be in accordance with law is obligation of the business organizations and individuals; 

2. Anytime when detecting that content of model contracts, general transaction conditions violate law on protection of consumers’ rights, agencies accepting registration have right of and responsibility for requesting the business organizations, individuals to amend, cancel that violating content.

3. Already studied carefully regulations of law and commit  that model contracts, general transaction conditions enclosed this registration application do not contain any terms violating  law on protection of consumers’ rights and the general principles of signing contracts.

4. Taking responsibility entirely for the truthfulness and accuracy of contents in registration application and documents enclosed.

 

 

The business organization or individual(7):

(signature, full name and seal)

Dossier enclosed(8):

Guide for filling in the registration application:

(01)

Request for registering model contracts or general transaction conditions.

(02)

- Vietnam Competition Authority:      In case model contracts, general transaction conditions are applied in nationwide or in scope of two or more central-affiliated cities and provinces

- The Service of Industry and Trade:  In case model contracts, general transaction conditions are applied in scope of one central-affiliated city or province.

(03)

Clearly inscribing the following information:

Nam or the business organization or individual

Certificate of Business registration / Enterprise registration certificate / Investment Certificate

Contact Address

Business trades relating to goods/ services registering for model contracts and general transaction conditions

Telephone, fax, email (if any)

Contact person (full name, address, email)

(04)

Clarifying the subjects of consumers included organizations, individuals; or all consumers may apply.

(05)

Being applied in nationwide or one, some central-affiliated cities and provinces (clearly inscribing name of central-affiliated cities and provinces if not being applied in nationwide).

(06)

Time of beginning application: inscribing specific time if not being applied after finished the registration; or inscribing to be applied after registration finished.

(07)

Legal representatives shall sign, inscribe full name with a seal of the business organization or individual. If it is signed by representatives under delegation, a power of attorney should be enclosed.

(08)

- In case of sending dossier by electronic means:

01 colorful scan of Draft model contracts or Draft general transaction conditions affixed with a seal of the business organization or individual on the first page and affixed with an integrity seal between all pages of documents;

01 file of Draft model contracts or Draft general transaction conditions in Microsoft Word form.

- In case of sending dossier by other methods:

01 written Draft model contracts or Draft general transaction conditions affixed with a seal of the business organization or individual on the first page and affixed with an integrity seal between all pages of documents;

01 file of Draft model contracts or Draft general transaction conditions in Microsoft Word form.    

 

 

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