If you are running a website for your FDI enterprise in Vietnam, do not overlook the importance of preparing a disclaimer statement—a legal shield that helps prevent unexpected lawsuits. In this article, KMC will explain why you need a disclaimer statement and what key elements it should contain.
Why Do FDI Enterprises Need a Disclaimer Statement?
Limiting Legal Liability
A disclaimer statement clarifies that the information provided (on websites, marketing materials, or other platforms) is for reference only and does not constitute legal advice or binding commitments. This minimizes the risk of lawsuits if customers misunderstand or misuse the information.
Protecting Intellectual Property Rights
Enterprises often own proprietary content, brands, or materials. A disclaimer statement can explicitly state that the information on the company’s website or documents may not be copied or used without the owner’s permission. This helps safeguard copyrights and prevent misuse.
Managing Customer Expectations
A clear disclaimer helps customers properly understand the scope of products or services offered. For example, if an FDI enterprise provides information on immigration or investment policies, the disclaimer may specify that such information is subject to current laws and may change. This prevents misunderstandings about applicability or validity.
Minimizing Risks from External Links
Many enterprises include links to external websites or information sources. A disclaimer statement clarifies that the enterprise is not responsible for the content or accuracy of those third-party sources, thereby avoiding disputes arising from external information.
Complying with Legal Requirements in Multiple Jurisdictions
FDI enterprises operate across various legal environments and must comply with diverse regulations. A disclaimer statement ensures that the information provided does not violate local laws or constitute unauthorized solicitation in jurisdictions with strict regulations.
Enhancing Transparency and Credibility
A well-drafted disclaimer statement not only protects the enterprise from risks but also demonstrates professionalism and transparency. It shows that the enterprise takes responsibility and proactively manages risks, creating an impression of reliability and caution—qualities especially valued by international partners.
From the customer’s perspective, being informed in advance about risks and limitations makes them feel respected.
Key Elements of a Professional Disclaimer Statement
User Acceptance Clause
To enhance legal enforceability, the disclaimer should include a statement confirming that by continuing to use the website or services, users acknowledge that they have read, understood, and agreed to the terms of the disclaimer. This turns a one-way notice into an implied agreement, offering stronger protection against legal disputes.
Right to Modify Information Without Prior Notice
The enterprise should explicitly state its right to update, amend, or remove information on the website or services without prior notice. This provides flexibility in managing content and reduces liability when information changes unexpectedly. For example: “The content on this website may be changed or removed without prior notice.”
Fraud and Scam Warning
A professional disclaimer should include a warning against fraudulent activities and impersonation, particularly important for FDI enterprises operating internationally where risks of impersonation are higher. For instance, the disclaimer can state that the enterprise will never request payments through unofficial channels or solicit personal information via unverified emails.
Governing Law and Dispute Resolution
The disclaimer must specify which jurisdiction’s laws govern its terms (e.g., Vietnamese law or the laws of the enterprise’s home country) and which authority has jurisdiction over disputes. This helps FDI enterprises mitigate cross-border legal risks. For example: “Any disputes arising shall be resolved in accordance with Vietnamese law by the competent courts of Vietnam.”
Encouragement of Independent Professional Advice
The disclaimer should encourage users to seek independent professional advice before making important decisions. This not only increases transparency but also reduces legal liability when users act on the provided information. For example: “We recommend that you consult with a qualified legal or financial advisor before making any decisions.”
Relationship with Other Legal Documents
The disclaimer should clarify its relationship with other legal documents such as the Terms of Use and Privacy Policy. This helps users understand where the disclaimer fits within the website’s overall legal framework, reinforcing professionalism and transparency. For example: “This disclaimer is to be read in conjunction with our Terms of Use and Privacy Policy. In the event of any inconsistency, the more specific provisions in the Terms of Use or Privacy Policy shall prevail.”
In general, a disclaimer statement can protect your enterprise against risks, but it must be drafted carefully and professionally. If you lack the expertise, KMC can provide tailored disclaimer drafting services and ensure automatic updates in line with changes in the law.
