This resolution interprets point c clause 2 article 241 of the Commercial Law, which stipulates that the period for lodging complaints about breaches of commercial obligations is three months from the date when the defaulting party completes its obligations under the contract, except for certain specific cases.
Đối tượng áp dụng
Consumers and businesses during the performance of commercial acts.
Các điểm cốt lõi
- Consumers/businesses → may lodge complaints about other breaches of obligations in the performance of commercial acts → the period is three months from the date when the defaulting party completes its obligations under the contract, except for certain specific cases.
🌐 Tác động xã hội từ văn bản này
- Reducing the burden of time for consumers/businesses in lodging complaints about breaches of commercial obligations, but this may lead to breaches not being discovered in a timely manner.
- Strengthening the protection of consumer and business rights through a clear complaint mechanism.
❓ Câu hỏi thường gặp
What is the complaint period?
The complaint period for breaches of commercial obligations is three months from the date when the defaulting party completes its obligations under the contract, except for certain specific cases.
Which violations do not apply the three-month period?
The three-month period does not apply to complaints regarding quantity and quality of goods as specified in point a and b clause 2 article 241 of the Commercial Law.
When does the complaint period begin?
The complaint period begins on the date when the defaulting party completes its obligations under the contract, except in cases provided for in clause 4 article 170 of the Commercial Law.
Who can lodge a complaint?
Consumers and businesses may lodge complaints about breaches of obligations in commercial acts according to this resolution.
To which cases does this resolution apply?
This resolution applies to complaints about other breaches of obligations in the performance of commercial acts, except for certain cases specified in point a and b clause 2 article 241 of the Commercial Law.
Toàn văn
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NATIONAL ASSEMBLY STANDING COMMITTEE |
SOCIALIST REPUBLIC OF VIETNAM |
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NUMBER: 746/2005/NQ-UBTVQH11 |
HANOI, January 28, 2005 |
DECREE ON
REGARDING THE INTERPRETATION OF POINT C, CLAUSE 2, ARTICLE 241 OF THE COMMERCIAL LAW
RESOLUTION OF THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992, amended and supplemented by Resolution No. 51/2001/QH10 dated December 25, 2001 of the National Assembly, tenth session;
BASED ON THE LAW ON THE ORGANIZATION OF THE NATIONAL ASSEMBLY AND THE LAW ON THE ENACTMENT OF LEGAL DOCUMENTS;
AFTER CONSIDERING THE REPORT NO. 06/CP-XDPL DATED JANUARY 21, 2005 OF THE GOVERNMENT ON THE INTERPRETATION OF POINT C, CLAUSE 2, ARTICLE 241 OF THE COMMERCIAL LAW AND THE REPORT OF OPINIONS NO. 1519 A/UBKTNS DATED JANUARY 24, 2005 OF THE STANDING COMMITTEE OF THE ECONOMIC AND BUDGETARY AFFAIRS COMMITTEE OF THE NATIONAL ASSEMBLY;
RESOLUTION:
INTERPRETATION OF POINT C, CLAUSE 2, ARTICLE 241 OF THE COMMERCIAL LAW "c) Three months from the date when the defaulting party must fulfill its obligations under the contract for complaints regarding other commercial acts, except in cases provided for in Clause 4, Article 170 of this Law" as follows:
For complaints about breaches of other obligations in the performance of commercial acts, the complaint period is three months from the date when the defaulting party must fulfill its obligations under the contract, except in cases provided for in Clause 4, Article 170 of the Commercial Law. Thus, except for complaints about quantity of goods as stipulated in Point c, Clause 2, Article 241 and complaints about the specifications and quality of goods as stipulated in Point b, Clause 2, Article 241 of the Commercial Law, the complaint period for breaches of payment obligations, delivery deadlines, and other breaches in the sale of goods, agency sales of goods, brokerage, and other commercial acts prescribed in Article 45 of the Commercial Law is three months, from the date when the defaulting party must fulfill its obligations under the contract, except in cases provided for in Clause 4, Article 170 of the Commercial Law.
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CHAIRMAN OF THE STANDING COMMITTEE Nguyen Van An |
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