Circular No. 10/2013/TT-BCT stipulates the model contract registration form and general trading conditions, guiding organizations and individuals engaged in business on how to register these contracts with state management agencies.
适用范围
Organizations and individuals engaged in business
要点
- Organizations and individuals engaged in business must register the model contract and general trading conditions as prescribed in Article 1 of this Circular.
- The registration form includes information about the applicable subjects, scope of application, and time of application (Article I).
- Organizations and individuals engaged in business commit to ensuring that the model contract and general trading conditions comply with the law (Point II).
- Management authorities have the right to require amendments or cancellation of contents violating the contract when discovered (Point II, Section 2).
- Organizations and individuals engaged in business are responsible for the accuracy and truthfulness of the registration form (Point II, Section 4).
🌐 本文件的社会影响
- To protect consumer rights through the supervision of terms within the contract.
- To strengthen state management over business activities and commercial transactions.
- Administrative burden for organizations and individuals engaged in business due to the requirement to register model contracts.
❓ 常见问题
Which organizations and individuals need to register model contracts?
All organizations and individuals engaged in business using model contracts or general trading conditions.
What information does the registration form contain?
It includes information on the applicable subjects, scope of application, and time of application of the contract (Article I).
Which agency receives the registration form?
The Competition Administration or Department of Industry and Trade depending on the scope of application of the contract.
What responsibilities do organizations and individuals engaged in business have when registering model contracts?
Commit to ensuring compliance with the law and bear responsibility for the accuracy of the registration form (Point II).
What actions can management authorities take regarding content violating the contract?
Require amendments or cancellation of provisions violating laws protecting consumers.
全文
CIRCULAR
Issuing a model registration form for standard contracts and general trading terms
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Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No. 99/2011/NĐ-CP dated October 27, 2011 of the Government detailing and guiding the implementation of certain provisions of the Law on Consumer Protection;
At the proposal of the Director of the Competition Administration Department;
The Minister of Industry and Trade issues this Circular on the model registration form for standard contracts and general trading terms.Article 1. Model documents attached hereto
Attached herewith is the model registration form for standard contracts and general trading terms.
This Circular shall take effect from May 30, 2013. This Circular replaces Decision No. 659/QĐ-BCT dated February 15, 2012 of the Minister of Industry and Trade on the issuance of the model registration form for standard contracts and general trading terms.
Article 2. Effective Date
The Competition Administration Department, Provincial Departments of Industry and Trade under centrally governed cities, and relevant organizations and individuals are responsible for implementing this Circular.
Article 3. Implementation Organization
MODEL REGISTRATION FORM FOR STANDARD CONTRACTS AND GENERAL TRADING TERMS
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DEPUTY MINISTER DEPUTY MINISTER (Signed)
Ho Thi Kim Thoa |
Business organizations and individuals (1)
(Issued together with Circular No. 10/2017/TT-BGDĐT dated April 28, 2017 of the Minister of Education and Training)I. Content of the application for registration of standard contracts and general trading terms
Unit: Equivalent USD (2):
1. First-time registration/re-registration: (3):
2. Applicable to type of goods/services:(1):
4. Scope of application
5. Duration of application
3. Applicable Subjects (4):
II. Business organizations and individuals commit and understand that: (5):
1. Ensuring that standard contracts and general trading terms comply with legal regulations is the obligation of business organizations and individuals; (6):
2. Whenever discovering that the content of standard contracts and general trading terms violates the laws on consumer protection, the registration acceptance authority has the right and responsibility to require business organizations and individuals to amend or revoke the violating content.
3. Having thoroughly understood the legal regulations and committing that the standard contract and general trading terms submitted along with this Registration Form do not contain clauses violating the laws on consumer protection and general principles of contract formation.
4. Shall be fully responsible for the truthfulness and accuracy of the content of the registration form and accompanying documents.
Accompanying documents
Instructions for filling out the registration form:
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Subject business (7) (signature, full name, and stamp) |
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Application for registration of standard contracts (8): |
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(01) |
general trading terms. - Competition Administration Department: in cases where standard contracts and general trading terms apply nationwide or apply in two or more centrally governed cities/provinces; - Provincial Department of Industry and Trade: in cases where standard contracts and general trading terms apply within the territory of one centrally governed city/province. |
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(02) |
Clearly state the following information: Name of business organization/individual |
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(03) |
Business Registration Certificate/Enterprise Registration Certificate/Investment Certificate Industry and trade activities related to goods/services registered for standard contracts/general trading terms Telephone, fax, email (if available) Contact Address Contact person (Name, telephone, email) Clearly state whether the target consumers are organizations/individuals or all consumers. Apply nationwide or one, several centrally governed cities/provinces (specify the name of the centrally governed city/province if not applying nationwide). |
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(04) |
Start date of application: specify the specific application date if not applying immediately after completing the registration process (if applicable) or apply from the completion date of the registration process. |
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(05) |
Legal representative signs, clearly states their name, and affixes the seal of the business organization/individual. If signed by an authorized representative, a Power of Attorney must be submitted. |
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(06) |
- In case of submitting documents via electronic means: |
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(07) |
One color scanned copy of the draft standard contract or draft general trading terms stamped by the business organization/individual on the first page and pasted throughout the document; |
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(08) |
One soft copy of the draft standard contract or draft general trading terms in Microsoft Word format; - In case of submitting documents through other methods: One hard copy of the draft standard contract or draft general trading terms stamped by the business organization/individual on the first page and pasted throughout the document; One soft copy of the draft standard contract or draft general trading terms in Microsoft Word format. 01 hard copy of the draft contract based on the template or general terms and conditions bearing the seal of the business organization or individual affixed to the first page and stamped across the entire text; 01 soft copy of the draft contract based on the template or general terms and conditions in Microsoft Word format. |
DEPUTY MINISTER
原始文件（PDF）
关系图
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