Chương VII Luật Bảo vệ quyền lợi người tiêu dùng 2023: Điều khoản thi hành

Chapter VII

IMPLEMENTATION CLAUSE

Article 78. Amendments to some Articles of the Code of Civil Procedure No. 92/2015/QH13 amended by the Code No.45/2019/QH14, Law No. 59/2020/QH14 and Law No. 13/2022/QH15

1. Point b clause 3 of Article 191 is amended as follows:

“b) Carry out the acceptance procedures of the cases according to normal procedures or simplified procedures if the cases are eligible to be resolved according to the simplified procedures prescribed in clause 1 or clause 5 Article 317 of this Code;”.

2. Several clauses of Article 317 are amended as follows:

a) Introductory paragraph of clause 1 is amended as follows:

“1. Except for the case specified in clause 5 of this Article, the Court shall resolve a case according to simplified procedures when all of the following conditions are satisfied:”;

b) Clause 5 is added after clause 4 as follows:

“5. The condition for application of simplified procedures to resolution of a civil case of protection of consumers' rights which values less than 100 million dong is specified in clause 2 Article 70 of the Law on Protection of Consumers' Rights.”,

Article 79. Effect

1. This Law comes into force from July 01, 2024.

2. The Law on Protection of Consumers' Rights No. 59/2010/QH12 amended by the Law No. 35/2018/QH14 shall cease to have effect from the effective date of this Law, save the case specified in point a clause 1 and clause 2 Article 80 of this Law.

Article 80. Grandfather clause

1. For any transaction between a trader and a consumer established before the effective date of this Law, the application of law shall be subject to the following provisions:

a) If the transaction between the trader and the consumer has yet to be conducted but its content and method are different from those specified in this Law, the parties shall keep conducting that transaction in accordance with the Law on Protection of Consumers' Rights No. 59/2010/QH12 amended by the Law No. 35/2018/QH14. If the parties have reached a new agreement on amendments to the content and method of the transaction, they must comply with regulations of this Law and apply regulations of this Law from its effective date.

If the transaction between the trader and the consumer is being conducted but its content and method are different from those specified in this Law, regulations of the Law on Protection of Consumers' Rights No. 59/2010/QH12 amended by the Law No. 35/2018/QH14 shall apply;

b) If the transaction between the trader and the consumer has yet to be conducted or is being conducted but its content and method conform to regulations of this Law, regulations of this Law shall apply.

2. For a standard form contract or general trading conditions publicly disclosed and applied to consumers before the effective date of this Law, the application of law shall be subject to the following provisions:

a) For the standard form contract or general trading conditions not subject to registration as prescribed by law, the trader shall complete the amendments to the content and form of such standard form contract or general trading conditions and publicly disclose them to make them conformable with regulations of this Law before December 31, 2024;

b) For the standard form contract or general trading conditions subject to registration as prescribed by law at the time this Law comes into force, the trader shall complete the registration of such standard form contract or general trading conditions in conformity with regulations of this Law before December 31, 2024.