The activities of commercial agents have greatly expanded without anyState controls, creating price fluctuations and damage to consumers.
"Commercial agents play a very important role in providing services andbusinesses for the market, but State management hasn't caught up withthis development," said Truong Quang Hoai Nam , director of theMinistry of Industry and Trade's Domestic Market Department.
Speaking at a seminar on policy recommendations for State management ofcommercial agents, Nam said there was an urgent need to updatelaws, consider what foreign investors affect commercial agents and studyinternational experiences.
The seminar is part of the Multilateral Trade Assistance Project (MUTRAP) Phase 3, organised and operated by the EU.
Only some fields, such as petrol, liquefied petroleum gas, food and tobacco, have been regulated, but the majority have not.
Most commercial agents are small and medium-sized enterprises. They areplagued with unplanned development, supply shortages, risingtransportation costs, disorganised operations without State provisions,and poor quality control of goods.
In addition, there is no legal framework that outlines penalties for violations.
"It is time for the Government to clarify what general agents are, thatis, agents at Levels 1, 2 and 3 and issues of transfer, ownership aswell as joint responsibility," Hoang Dinh Cuong, senior expert at thedomestic market department, said.
"A commercial agentunder EU law is self-employed and acts as an intermediary betweenparties. The agent may negotiate and conclude contracts on behalf of theprincipal in relation to those goods," said John J Downes, an expertwith MUTRAP.
He said the legal issues regarding commercialagents included terminology, form of agency agreements, and appointmentof commercial agents, terms of the agency agreements, implied agency,geographical representation and group representation.
"Thelegal issues also comprise termination, suspension and exclusive agencyagreements, along with notification, assignation of the agency toanother commercial agent and assignation by the principal," he added.
Other legal issues include product warranty, product liability,liability in torts, confidentiality obligations, intellectual property,choice of jurisdiction and service of notices./.
"Commercial agents play a very important role in providing services andbusinesses for the market, but State management hasn't caught up withthis development," said Truong Quang Hoai Nam , director of theMinistry of Industry and Trade's Domestic Market Department.
Speaking at a seminar on policy recommendations for State management ofcommercial agents, Nam said there was an urgent need to updatelaws, consider what foreign investors affect commercial agents and studyinternational experiences.
The seminar is part of the Multilateral Trade Assistance Project (MUTRAP) Phase 3, organised and operated by the EU.
Only some fields, such as petrol, liquefied petroleum gas, food and tobacco, have been regulated, but the majority have not.
Most commercial agents are small and medium-sized enterprises. They areplagued with unplanned development, supply shortages, risingtransportation costs, disorganised operations without State provisions,and poor quality control of goods.
In addition, there is no legal framework that outlines penalties for violations.
"It is time for the Government to clarify what general agents are, thatis, agents at Levels 1, 2 and 3 and issues of transfer, ownership aswell as joint responsibility," Hoang Dinh Cuong, senior expert at thedomestic market department, said.
"A commercial agentunder EU law is self-employed and acts as an intermediary betweenparties. The agent may negotiate and conclude contracts on behalf of theprincipal in relation to those goods," said John J Downes, an expertwith MUTRAP.
He said the legal issues regarding commercialagents included terminology, form of agency agreements, and appointmentof commercial agents, terms of the agency agreements, implied agency,geographical representation and group representation.
"Thelegal issues also comprise termination, suspension and exclusive agencyagreements, along with notification, assignation of the agency toanother commercial agent and assignation by the principal," he added.
Other legal issues include product warranty, product liability,liability in torts, confidentiality obligations, intellectual property,choice of jurisdiction and service of notices./.
