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THE MINISTRY
OF INDUSTRY AND TRADE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
10/2013/TT-BCT
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Hanoi, May 30,
2013
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CIRCULAR
PROMULGATING THE APPLICATION FORM OF REGISTRATION FOR MODEL CONTRACTS AND GENERAL TRANSACTION CONDITIONS
Pursuant to the Government’s
Decree No. 95/2012/ND-CP dated November 12, 2012 defining the functions, tasks,
powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government’s
Decree No. 99/2011/ND-CP dated October 27, 2011 detailing and guiding a number
of articles of the Law on protection of consumers’
rights;
At the proposal of the Director
of Vietnam Competition Authority;
The Minister of Industry and
Trade issues the Circular promulgating the application form of registration for
model contracts and general transaction conditions.
Article 1.
The model documents promulgated together
To promulgate
this Circular the application form of registration for model contracts and
general transaction conditions.
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This Circular
takes effect on May 30, 2013. This Circular 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
OF
REGISTRATION FOR MODEL CONTRACTS AND GENERAL TRANSACTION CONDITIONS (1)
(Promulgated
together with the Circular No.10/2013/TT-BCT dated May 30, 2013 of the Minister
of Industry and Trade)
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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):
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.
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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)
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(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 informations:
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
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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.
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- 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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