VietnamCivil Code, standard-form contracts and general transaction conditions
Civil Code (Law No. 91/2015/QH13), arts. 405-406
In force since .
A contract terms of service (ToS) rule binding public and private bodies.
- Obligation class
- Contract terms
- Audit expectation
- none
What it requires
- Make general transaction conditions public, so that the party entering the transaction knows or ought to know of them, before relying on them against that party.
- Keep general transaction conditions equal between the parties; a clause that exempts the issuing party from liability, increases liability or removes the other party's legitimate rights has no effect unless the parties have agreed otherwise.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 405 and 406 of the Civil Code govern how standard-form contracts and general transaction conditions take effect and what clauses in them are without effect. They impose no duty to create, keep, produce or review a log or record, and state no territorial clause.
- Kind
- None
- As of
What this law does
Article 406(1) defines general transaction conditions as stable terms that one party publishes for general application to the party invited to contract, and the other party who accepts the contract is treated as accepting those terms. Article 406(2) gives general transaction conditions effect against the other party only if they were made public so that the other party knew or ought to have known of them.
Article 406(3) requires general transaction conditions to keep the parties equal and gives no effect to a clause that exempts the issuing party from liability, increases liability or removes the other party's legitimate rights, unless the parties agree otherwise.
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