Dispatch is one of the administrative documents under Decree No. 30/2020/ND-CP dated March 5, 2020 of the Government on clerical work, besides other types of administrative documents such as resolutions (individuals), decisions (individuals), directives, regulations, etc. Dispatch is not only used in state agencies but also widely used in other agencies and organizations. So about the matter “Form of notification dispatch under Vietnam law” Let’s find out with LSX in the article below.
Legal grounds
- Decree 30/2020/ND-CP
When do I need to make a notification dispatch?
What is a notice notifiaction?
Dispatch is a type of administrative document specified in Decree 30/2020/ND-CP, including: Dispatch used to notify, propose, request…
In which, Notice of Dispatch is a document commonly used for the purpose of informing about something of an agency, organization or enterprise so that other subjects know, thereby having a direction to carry out the work accordingly.
Thus, it can be seen that the Notice of Dispatch is drafted when the author of the Official Dispatch has a need to convey a certain notice, usually used in the following cases:
– In case the law, contract, etc. has mandatory regulations, a notice must be issued such as: Notice of termination of labor contract, rental contract, cooperation contract…
– In case of law, contract, company charter, etc., notification is not required, but notification is necessary such as: Notice of delay in delivery, notice of delivery deadline…
Some of the most commonly used Notification Officials today:
– Dispatch notice of change of company name and address;
– Dispatch notice of delivery time;
– Dispatch notice of contract termination;
Form of notification dispatch under Vietnam law
In Article 8 of Decree 30/2020/ND-CP stipulating the main components included in the Official Dispatch form in general and the Notice of Dispatch in particular include:
– National title and motto.
– Name of the agency or organization issuing the Notice of Dispatch;
– Number and symbol of the Official Dispatch;
– Place and time of issuance of Official Dispatch;
– Name of the type and summary of the Official Dispatch;
– Contents of Official Dispatch;
– Title, full name and signature of the person competent to issue;
– Seal, digital signature of the agency or organization.
– Recipients.
Instructions for composing a notificatio dispatch
When composing the Notice of Dispatch, the following points should be kept in mind:
– Specify what the notice is about;
– Name of the agency, organization or individual that intends to send the Official Dispatch (where the Official Dispatch is received);
– Name of the unit, agency, organization or individual with related interests and obligations in the case or in the contents of the Official Dispatch;
– Address of the relevant agency, organization or unit to receive the application; phone number of the unit/individual receiving the Official Letter, phone number, fax number; email address; Website.
If the recipients in the address section of the Official Dispatch are high-ranking titles and positions of the State, the recipients should not write “as above” but write those titles/positions directly.
– The content of the notice should be presented clearly, scientifically, with the right focus, without rambling or lengthy.
When to compose a notification dispatch?
Dispatch is prepared when the party issuing the notice needs to convey information to the notified party, i.e. when notice is required. So when do you need to notify?
The following messages can be divided into two cases:
Firstly: Laws, contracts, charters, conventions, etc. have regulations on notification obligations.
Article 428 of the current Civil Code provides for unilateral termination of contract performance as follows:
1. One party has the right to unilaterally terminate the contract performance and not have to pay compensation when the other party seriously violates the obligations in the contract or as agreed by the parties or provided for by law.
2. The party that unilaterally terminates the performance of the contract must immediately notify the other party of the termination of the contract. If the party fails to notify and causes damage, it must pay compensation.
3. When a contract is unilaterally terminated, the contract shall terminate from the time the other party receives the termination notice. The parties are not required to continue to perform their obligations, except for agreements on fines for violations, compensation for damage and agreements on dispute settlement. The party that has performed the obligation has the right to request the other party to pay the part of the obligation performed.
4. The party suffering damage due to the other party’s failure to properly perform its contractual obligations shall be compensated.
5. In case the unilateral termination of contract performance has no grounds specified in Clause 1 of this Article, the party that unilaterally terminates the contract performance shall be determined to be the party in breach of the obligations and must perform civil obligations in accordance with the provisions of this Code and other relevant laws due to failure to properly perform the obligations in the contract.
Enterprise D purchases equipment from enterprise C for the purpose of production and business, and has entered into a contract to purchase and sell equipment. However, during the performance of this contract, C committed a serious breach of his contractual obligations, so D decided to unilaterally terminate the contract performance. In order to ensure unilateral termination of the contract with C in accordance with the above provisions, C issues a written notice of the unilateral termination of contract performance.
Secondly: Laws, contracts, charters, conventions, etc. do not stipulate the obligation to notify, but notification is necessary.
Publish and track outgoing documents
Article 18 of Decree 30/2020/ND-CP stipulates the issuance and monitoring of outbound document delivery as follows:
– The outgoing document must complete the procedures at the agency’s secretariat and issue it on the date that the document is signed, at the latest in the next working day. Urgent documents must be issued and sent immediately after signing the document.
– The release of confidential documents must ensure the confidentiality of the contents of the documents in accordance with the law on protection of state secrets, in the correct quantity, time and place of receipt.
– Documents that have been published but have errors in content must be amended or replaced with documents of equivalent form. A document that has been issued but has errors in terms of format, presentation technique, and promulgation procedures must be corrected by the official dispatch of the agency or organization issuing the document.
– Text recall
+ For paper documents, in case a written notice of withdrawal is received, the receiving party is responsible for resending the received document.
+ For electronic documents, in case of receiving a written notice of withdrawal, the receiving party cancels the revoked electronic document on the System, and at the same time, notify it through the System to let the sender know.
– Issuance of paper documents from documents digitally signed by competent persons: The agency’s letter shall print the digitally signed document of the authorized person on paper, and seal the agency or organization’s seal to create a copy of main paper documents and release documents.
– In case it is necessary to issue an electronic document from a paper document: The agency’s letter shall comply with the provisions of Point c, Clause 1, Article 25 of Decree 30/2020/ND-CP.
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Frequently asked questions
Dispatch notice is drafted when the author of the Dispatch has a need to convey a certain notice, usually used in the following cases:
– In case of law, contract, etc., it is mandatory to issue a notice such as: Notice of termination of labor contract, rental contract, cooperation contract…
– In case of law, contract, company charter, etc., it is not required to notify, but the notification is necessary such as: Notice of delay in delivery, notice of delivery deadline…
Some examples of notification letters:
– A written notice of a force majeure event occurring to Company A which is the cause of the delay in performing its contractual obligations with Company B.
– Dispatch announcing the change of delivery location of Company X to Company Z.
Firstly: For the organization and operation of the company, the announcement of the name change helps the employees, shareholders, etc. to grasp to perform the work smoothly, in line with the innovation; helps transactions to be executed correctly without delay or confusion.
Secondly: On the side of partners, customers and organizations related to the company’s activities, the announcement of the change of the company name not only shows the thoughtfulness and goodwill but also helps partners and customers Customers of the enterprise can timely grasp the changing information about the business.
In addition, this announcement also makes businesses more proactive in implementing payment transactions to avoid confusion and loss due to misalignment of information.
Conclusion: So the above is Form of notification dispatch under Vietnam law. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
