General provisions on commercial business law

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General provisions on commercial business law

GENERAL PROVISIONS

SECTION 1. GOVERNING SCOPE AND SUBJECTS OF APPLICATION


Article 1. Scope

1. Commercial activities carried out in the territory of the Socialist Republic of Vietnam.

2. Commercial activities performed outside the territory of the Socialist Republic of Vietnam in cases where the parties agree to choose to apply this Law or foreign laws or treaties to which the Socialist Republic of Vietnam is a member who has the applicable provisions of this Law.

3. Non-profitable activities of a party in a transaction with a trader performing in the territory of the Socialist Republic of Vietnam in case the party conducting the non-profit-generating activity chooses to apply Use of this Law.

Article 2. Subjects of application

1. Traders conducting commercial activities according to the provisions of Article 1 of this Law.

2. Other organizations and individuals engaged in commercial activities.

3. Basing itself on the principles of this Law, the Government shall specify the application of this Law to individuals conducting commercial activities independently and on a regular basis without having to register business.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Commercial activity means an activity aimed at making profits, including purchase and sale of goods, provision of services, investment, trade promotion and other profitable activities.

2. Goods include:

a) All types of immovable property, including future estates;

b) Objects attached to the land.

3. Habits in commercial activities are rules of conduct with clear content formed and repeated many times in a long time between the parties, assumed by the parties to define rights and obligations of the parties to a commercial contract.

4. Commercial practice is a practice widely recognized in commercial activities in a commercial area, domain or sector, with clear content recognized by the parties to define the rights and obligations of the parties. inside commercial activities.

5. Data message means information created, sent, received and stored by electronic means.

6. Representative offices of foreign traders in Vietnam are dependent units of foreign traders, established under the provisions of Vietnamese law to research the market and carry out a number of promotional activities. trade allowed by Vietnamese law.

7. A branch of a foreign trader in Vietnam is a dependent unit of a foreign trader, which is established and does commercial activities in Vietnam in accordance with Vietnam's law or international treaties to which the Republic is Socialist Vietnam is a member.

8. Purchase and sale of goods means a commercial activity whereby the seller is obliged to deliver the goods, transfer ownership of the goods to the buyer and receive payment; the buyer is obliged to pay the seller, receive the goods and take ownership of the goods as agreed.

9. Service provision means a commercial activity whereby one party (hereinafter referred to as the service supplier) is obliged to perform the service to another party and receive payment; Service users (hereinafter referred to as customers) are obliged to pay the service providers and use the services as agreed.

10. Trade promotion means activities to promote and seek opportunities to buy and sell goods and provide services, including activities of promotion, commercial advertising, display and introduction of goods, services and associations. market, trade exhibition.

11. Commercial intermediary activities are the traders' activities to carry out commercial transactions for one or a number of identified traders, including acting on behalf of traders, commercial brokers, authorized traders. purchase and sale of goods and commercial agent.

12. Contract breaches mean failure of a party, incomplete performance or improper performance of its obligations as agreed between the parties or as provided for by this Law.

13. Fundamental breach is a contractual breach of one party causing damage to the other party to the extent that the other party fails to achieve the purpose of concluding the contract.

14. Origin of goods means the country or territory where the whole of the goods is produced or where the final basic processing of the goods is carried out in case there are more than one country or territory involved. process to manufacture those goods.

15. Forms with equivalent value in documents include telegraph, telex, fax, data message and other forms as prescribed by law.

Article 4. Application of Commercial Law and relevant laws

1. Commercial activities must comply with the Commercial Law and the relevant laws.

2. Particularly commercial activities as provided for in another law, the provisions of such law shall apply.

3. Commercial activities are not stipulated in the Commercial Law and in other laws the provisions of the Civil Code shall apply.

Article 5. Application of international treaties, foreign laws and international commercial practices

1. Where an international treaty to which the Socialist Republic of Vietnam is a member contains provisions on the application of foreign laws, international trade practices or provisions different from those of this Law, the provisions of that international treaty.

2. The parties to a commercial transaction involving foreign elements may agree to apply foreign laws and international trade practices if such foreign laws or international trade practices are not contrary to the mechanical principles. copy of Vietnamese law.

Article 6. Traders

1. Traders include lawfully established economic organizations, individuals conducting commercial activities independently, on a regular basis and with business registration.

2. Traders have the right to conduct commercial activities in all trades, in geographical areas, in forms and methods not prohibited by law.

3. The right to lawful commercial activities of traders is protected by the State.

4. The State exercises for a definite time the State monopoly over commercial activities of a number of goods and services or in a number of geographical areas in order to ensure the national interests. The Government shall specify the list of goods, services and State monopolized areas.

Article 7. Obligation of traders to register

Traders are obliged to make business registration according to law provisions. In case traders have not registered their business yet, traders are still responsible for all their activities according to the provisions of this Law and other law provisions.

Article 8. State management agency on commercial activities

1. The Government performs the unified state management of commercial activities.

2. The Ministry of Trade is answerable to the Government for performing the state management of goods sale and purchase activities and specific commercial activities prescribed in this Law.

3. Ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, have to perform the state management of commercial activities in their assigned domains.

4. People's Committees at all levels exercise the State management over commercial activities in their respective localities as decentralized by the Government.

Article 9. Trade Association

1. Trade associations are established to protect the legitimate rights and interests of traders, and to encourage them to participate in commercial development, propagate and disseminate commercial law provisions.

2. Trade associations are organized and operate according to the provisions of law on associations.

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