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Commercial law 2005

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Nội dung chi tiết: Commercial law 2005

Commercial law 2005

THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIET NAM ----------------Independence - Freedom - HappinessNO.36/2005/QH11Hanoi, June 14, 2005LAWCOMMERCIA

Commercial law 2005 ALPursuant to Article 103 and Article 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Reso

lution No. 51/2001/QH10 of 25 December, 2001, of the X th National Assembly, the 10 th session;This Law provides for commercial activities.Chapter IGE Commercial law 2005

NERAL PROVISIONSSECTION 1. GOVERNING SCOPE AND SUBJECTS OF APPLICATIONArticle 1.- Governing scope1Commercial activities conducted in the territory of

Commercial law 2005

the Socialist Republic of Vietnam.2Commercial activities conducted outside the territory of the Socialist Republic of Vietnam in cases where the invol

THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIET NAM ----------------Independence - Freedom - HappinessNO.36/2005/QH11Hanoi, June 14, 2005LAWCOMMERCIA

Commercial law 2005 ipulates the application of this Law.3Activities not for profit purposes conducted by a party in its transactions with traders in the territory of the

Socialist Republic of Vietnam in cases where the party conducting such not-for-profit activities chooses to apply this Law.Article 2.- Subjects of ap Commercial law 2005

plication1Traders conducting commercial activities as provided for in Article 1 of this Law.2Other organizations and individuals conducting commerce-r

Commercial law 2005

elated activities.3Basing itself on the principles provided for by this Law, the Government shall specify the application of this Law to individuals w

THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIET NAM ----------------Independence - Freedom - HappinessNO.36/2005/QH11Hanoi, June 14, 2005LAWCOMMERCIA

Commercial law 2005 aw, the following terms shall be construed as follows:1Commercial activities mean activities for the purpose of generating profits, including: sale an

d purchase of goods, provision of services, investment, commercial promotion and other activities for the profit purpose.2Goods include:a/ All types o Commercial law 2005

f movables, including those to be formed in the future:1b/ Things attached to land;3Custom in commercial activities means a code of conduct that has a

Commercial law 2005

n explicit meaning, is established and repeated lime and again for a long period of time between and implicitly recognized by involved parties in orde

THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIET NAM ----------------Independence - Freedom - HappinessNO.36/2005/QH11Hanoi, June 14, 2005LAWCOMMERCIA

Commercial law 2005 activities in an area, a region or a commercial domain, has an explicit meaning, and is recognized by involved parlies in order to identify their res

pective rights and obligations in commercial activities.5Data message means information created, sent, received and stored in electronic media.6Vietna Commercial law 2005

m-based representative office of a foreign trader means a dependent unit of the foreign trader, which is established under the provisions of Vietnames

Commercial law 2005

e law to conduct market survey and a number of commercial promotion activities permitted by Vietnamese law.7Vietnam-based branch of a foreign trader m

THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIET NAM ----------------Independence - Freedom - HappinessNO.36/2005/QH11Hanoi, June 14, 2005LAWCOMMERCIA

Commercial law 2005 or treaties to which the Socialist Republic of Vietnam is a contracting party.8Purchase and sale of goods mean commercial activities whereby the sell

er is obliged to deliver goods, transfer ownership of goods to the purchaser and receive payment; the purchaser is obliged to pay to the seller and re Commercial law 2005

ceive goods and the ownership thereof as agreed.9Provision of services means commercial activities whereby a party (hereinafter referred to as the ser

Commercial law 2005

vice provider) is obliged to provide a service to another party and receive payment; the service-using party (hereinafter referred to as the customer)

THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIET NAM ----------------Independence - Freedom - HappinessNO.36/2005/QH11Hanoi, June 14, 2005LAWCOMMERCIA

Commercial law 2005 s for the purchase or sale of goods and provision of services, including sale promotion, commercial advertisement, display and exhibition of goods and

sendees, and trade fairs and exhibitions.11Commercial intermediary activities mean activities carried out by a trader to effect commercial transactio Commercial law 2005

ns for one or several identified traders, including representation for traders, commercial brokerage, goods sale or purchase entrustment, and commerci

Commercial law 2005

al agency.12Contractual breach means the failure of a party to perform, to fully or properly perform its obligations according to the agreement betwee

THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIET NAM ----------------Independence - Freedom - HappinessNO.36/2005/QH11Hanoi, June 14, 2005LAWCOMMERCIA

Commercial law 2005 y to an extent that the other party cannot achieve the purpose of the entry into the contract.14Origin of goods means a country or a territory where a

ll the goods are turned out or where the last stage of substantial processing of goods is performed in cases where many countries or territories join Commercial law 2005

in the process of producing such goods.2

THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIET NAM ----------------Independence - Freedom - HappinessNO.36/2005/QH11Hanoi, June 14, 2005LAWCOMMERCIA

THE NATIONAL ASSEMBLY SOCIALIST REPUBLIC OF VIET NAM ----------------Independence - Freedom - HappinessNO.36/2005/QH11Hanoi, June 14, 2005LAWCOMMERCIA

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