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The commercial agents in Vietnam legislation

The commercial agents in Vietnam legislation aVnDw
In Vietnam, a commercial agency is one of the commercial intermediary activities. In a centrally planned economy, commercial intermediary activities in Vietnam mainly existed in the international economic field. But in a multi-sectoral market economy, commercial intermediary activities, including the commercial agents had the chance to appear domestic and was legislated. Nowadays, commercial agents are playing an essential role. First is the definition of commercial agency, according to Article 166 of the Commercial Law 2005, commercial agency means a commercial activity whereby the principal and the agent agree that the agent, in its own name, sells or purchases goods for the principal or provides services of the principal to customers for remuneration. Article 169 of the Commercial Law 2005 illustrates forms of commercial agents: Off-take agency, exclusive agency, general goods sale or purchase or service provision agency, other forms of agency. For example, General Agent DAI-ICHI Hoang Mai, An An mattress agent, Exclusive agent in Quang Ninh - Thanh Hoa Stone Joint Stock Company, etc. Next, the multi-sectoral market economy has made the commercial agents quite popular in Vietnam. That is the reason why many people wonder about the procedure to establish a commercial agent. The first procedure is that the agent must choose the field of commercial activities. Agents need to be careful in this part because it will determine the selection of agents. An agent may enter into contracts with different principals but all of these principals can only work in the same field. For example, a paint agent can have many contracts with many paint companies such as Son Dong Tam, Son Dukan, Son Dulux, etc to diversify and enrich their products, but it cannot selling bricks, corrugated iron, etc. In the second procedure, the agent must be a trader and have a business registration. According to Clause 11 Article 3 of the Commercial Law 2005, commercial activities, including commercial agents, must be performed by traders. It means that individuals and organisations who want to become agents must administer commercial activities independently and regularly and then register business registration. If an individual or organisation does not have commercial activities before, it must determine the appropriate business type and get a business registration paper. As a final procedure, the agent and the principal must sign in a commercial agency contract. The agency contract must be in writing or another form with legal efficacy equivalent (telegraph, telex, fax, etc). The agreement should include some aspects such as the agency's goods or services, remuneration, contract duration, rights and obligations, compensation, etc. Another part, the commercial agents has an important role, especially in trade globalisation. Firstly, commercial agents bring productivity for traders in organising, distributing and consuming goods and services domestic and abroad. Principals usually are manufacturers, can have more opportunities to focus on producing high efficient products. The agent will bring them to customers in a professional manner. Secondly, the convenient distribution by commercial agents raises the development of the economy. In particular, it is recognised as a profitable business method for consumers with easy access to products and insurance about product quality and cost. The fourth part mentions comparing the regulations of commercial agents between Vietnam regulation and United Kingdom regulation. Firstly, the parties are still principals and agents, in which the agent plays an intermediary role in commercial activities. The agent is on behalf of the principals to trade products or services. Moreover, both Vietnam and the UK is eliminating some individuals and organisations that are not authorised to be agents. The rights and obligations of the parties are regulated by law. However, the regulations of the UK are mentioned more specific than in Vietnam. Because they are not only included in a provision but also appear in most relevant provisions. Other parts such as remuneration, time limit, termination, etc also mention by both countries but they are legislated in more detail in the UK regulation. In addition, the commercial agents in Vietnam are regulated in Commercial Law and also in many relevant legal documents. Do it is not as specific as the UK regulation which is The Commercial Agents (Council Directive) Regulation 1993. Finally, Vietnam law has the forms of commercial agents, but it does not appear in the UK's law and conversely, The UK regulation includes some provisions which Vietnam regulation does not such as apportionment of commission between new and previous commercial agents, etc. In summary, commercial agents are necessary for the advancement of the economy, especially in the period of world integration. So that knowledge about the commercial agents is meaningful for many activities.
In Vietnam, a
commercial
agency
is one of the
commercial
intermediary
activities
. In a
centrally
planned
economy
,
commercial
intermediary
activities
in Vietnam
mainly
existed in the international economic field.
But
in a multi-sectoral market
economy
,
commercial
intermediary
activities
, including the
commercial
agents
had the chance to appear domestic and
was legislated
. Nowadays,
commercial
agents
are playing an essential role.

First
is the definition of
commercial
agency
, according to Article 166 of the
Commercial
Law
2005,
commercial
agency
means a
commercial
activity
whereby the
principal
and the
agent
agree
that the
agent
, in its
own
name, sells or
purchases
goods
for the
principal
or provides
services
of the
principal
to customers for remuneration.

Article 169 of the
Commercial
Law
2005 illustrates
forms
of
commercial
agents
: Off-take
agency
, exclusive
agency
, general
goods
sale or
purchase
or
service
provision
agency
, other
forms
of
agency
.
For example
, General
Agent
DAI-ICHI
Hoang
Mai,
An An
mattress
agent
, Exclusive
agent
in
Quang
Ninh
-
Thanh
Hoa
Stone Joint Stock
Company
, etc.

Next
, the multi-sectoral market
economy
has made the
commercial
agents
quite popular in Vietnam.
That is
the reason why
many
people
wonder about the
procedure
to establish a
commercial
agent.

The
first
procedure
is that the
agent
must
choose the field of
commercial
activities
.
Agents
need to be careful in this
part
because
it will determine the selection of
agents
. An
agent
may enter into
contracts
with
different
principals
but
all of these
principals
can
only
work in the same field.
For example
, a paint
agent
can have
many
contracts
with
many
paint
companies
such as Son Dong Tam, Son
Dukan
, Son
Dulux
, etc to diversify and enrich their
products
,
but
it cannot
selling
bricks, corrugated iron, etc.

In the second
procedure
, the
agent
must
be a trader and have a
business
registration. According to Clause 11 Article 3 of the
Commercial
Law
2005,
commercial
activities
, including
commercial
agents
,
must
be performed
by traders. It means that individuals and
organisations
who want to become
agents
must
administer
commercial
activities
independently
and
regularly
and then register
business
registration. If an individual or
organisation
does not have
commercial
activities
before
, it
must
determine the appropriate
business
type and
get
a
business
registration paper.

As a final
procedure
, the
agent
and the
principal
must
sign
in a
commercial
agency
contract
. The
agency
contract
must
be in writing or another
form
with legal efficacy equivalent (telegraph, telex, fax, etc). The agreement should include
some
aspects such as the agency's
goods
or
services
, remuneration,
contract
duration, rights and obligations, compensation, etc.

Another
part
, the
commercial
agents
has an
important
role,
especially
in trade
globalisation
.
Firstly
,
commercial
agents
bring productivity for traders in
organising
, distributing and consuming
goods
and
services
domestic and abroad.
Principals
usually are
manufacturers, can have more opportunities to focus on producing high efficient
products
. The
agent
will bring them to customers
in a professional manner
.
Secondly
, the convenient distribution by
commercial
agents
raises the development of the
economy
.
In particular
, it is
recognised
as a profitable
business
method for consumers with easy access to
products
and insurance about
product
quality and cost.

The fourth
part
mentions comparing the
regulations
of
commercial
agents
between Vietnam
regulation
and United Kingdom
regulation
.
Firstly
, the parties are
still
principals
and
agents
, in which the
agent
plays an
intermediary
role in
commercial
activities
. The
agent
is on behalf of the
principals
to trade
products
or
services
.
Moreover
, both Vietnam and the UK is eliminating
some
individuals and
organisations
that are not
authorised
to be
agents
. The rights and obligations of the parties
are regulated
by
law
.
However
, the
regulations
of the UK
are mentioned
more specific than in Vietnam.
Because
they are not
only
included in a
provision
but
also
appear in most relevant provisions. Other
parts
such as remuneration, time limit, termination, etc
also
mention by both countries
but
they
are legislated
in more detail in the UK
regulation
.
In addition
, the
commercial
agents
in Vietnam
are regulated
in
Commercial
Law
and
also
in
many
relevant legal documents. Do it
is
not as specific as the UK
regulation
which is The
Commercial
Agents
(Council Directive)
Regulation
1993.
Finally
, Vietnam
law
has the
forms
of
commercial
agents
,
but
it does not appear in the UK's
law
and
conversely
, The UK
regulation
includes
some
provisions which Vietnam
regulation
does not such as apportionment of commission between new and previous
commercial
agents
, etc.

In summary,
commercial
agents
are necessary for the advancement of the
economy
,
especially
in the period of world integration.
So
that knowledge about the
commercial
agents
is meaningful for
many
activities
.
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IELTS essay The commercial agents in Vietnam legislation

Essay
  American English
10 paragraphs
760 words
5.5
Overall Band Score
Coherence and Cohesion: 5.5
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  • Check your work for spelling and word formation mistakes
Grammatical Range: 6.0
  • Use a variety of complex and simple sentences
  • Check your writing for errors
Task Achievement: 6.0
  • Answer all parts of the question
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    Present relevant ideas
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