Making Residential Long-Term Care Agreements Clear and Fair in Viet Nam: Informed Choice, Transparent Fees and Changes to Services

Making Residential Long-Term Care Agreements Clear and Fair in Viet Nam: Informed Choice, Transparent Fees and Changes to Services

A family is considering residential long-term care for their mother. After visiting several facilities, they find one that appears suitable. The rooms are comfortable, the staff seem attentive, and the monthly fee is within their budget. Her daughter signs the service agreement as the person responsible for payment, and the family arranges the admission.

Three months later, their mother's health changes. She now needs more assistance with daily activities, closer supervision, and support with several medical appointments. The facility explains that these additional needs will increase the monthly fee.

The family is surprised. They believed the original price covered all the care their mother might need. The facility considers the additional services outside the agreed package.

Their mother has a different concern. She was not fully involved in the original decision and does not understand why the arrangements for her daily care are now being reconsidered.

What began as a disagreement about fees raises several questions. What did the facility promise? Who had the authority to make decisions? Were the costs and limitations explained clearly? And what should happen when an older person's care needs change?

For organizations providing residential long-term care in Viet Nam, these questions deserve attention before a disagreement occurs. A service agreement is not simply paperwork completed during admission. It helps establish where a person will live, what assistance they can expect, how services will be paid for, and how changes will be managed over time.

A clear and fair agreement protects more than financial interests. It supports informed decisions, respects the older person's rights, and provides a dependable foundation for the relationship between residents, families, and care providers.

A Residential Care Agreement Shapes Everyday Life

Residential long-term care differs from many other service arrangements because the relationship between the provider and the person receiving care may continue for months or years.

During that time, an older person's health, functional abilities, preferences, and financial circumstances may change. The provider's services and operating costs may also evolve.

The agreement therefore has implications beyond the initial monthly price. It may affect personal assistance, living arrangements, access to additional support, communication with family members, and the circumstances in which services can be changed or ended.

For someone who relies on a facility for essential daily assistance, uncertainty about these matters can have serious consequences. An unexpected charge may create financial pressure, while a misunderstanding about available services may delay necessary arrangements. A disagreement over additional support may leave the resident and family uncertain about whether the facility can continue meeting the person's needs.

Not every disagreement results from deliberate misconduct. Providers and families sometimes enter an arrangement with genuinely different expectations.

A family may understand "comprehensive care" to mean that nearly all future assistance will be included. The provider may use the same expression to describe a defined package of accommodation, meals, supervision, and personal support.

Unless the agreement explains what these terms mean, both parties may believe they understand the arrangement while expecting different things.

A well-designed agreement reduces that uncertainty. It describes the services, financial responsibilities, important limitations, and arrangements for managing foreseeable changes clearly enough to support informed decisions.

Transparency is therefore part of care quality. It helps make the relationship between the older person and the organization more reliable.

Keeping the Older Person at the Center of the Agreement

Residential care agreements frequently involve several people with different responsibilities.

An adult child may research facilities and negotiate the proposed services. Another relative may pay the monthly fees. The older person may attend discussions but have little opportunity to influence the decision.

Family involvement can be valuable, particularly when someone needs help understanding information or organizing practical arrangements. However, the person receiving care should not become a passive subject of decisions made entirely by others.

Viet Nam's Law on Older Persons No. 39/2009/QH12, as amended, provides an important legal foundation for respecting older people's rights and choices.

Article 3 recognizes rights concerning essential needs and living arrangements, including the right to decide whether to live with children or grandchildren or separately according to the person's wishes.

Article 11 specifically addresses the delegation of older-person care by those with support obligations to individuals or organizations providing care services.

Under that provision, such delegated care requires the older person's agreement. The law also recognizes the older person's right to request that the person with support obligations change the individual or organization entrusted with providing care.

These provisions are particularly relevant when relatives arrange residential services for an older family member. They do not mean that every possible residential arrangement has the same contractual structure, but they establish an important safeguard where Article 11 applies.

Paying for care does not automatically give a relative unrestricted authority to make every decision affecting the person receiving it.

The roles of resident, payer, contracting party, and legally authorized representative should be distinguished.

A resident may be directly affected by an agreement without personally paying the fees. A relative may accept financial responsibility without having legal authority to consent to every care-related decision. Someone signing on behalf of another person must have an appropriate legal basis for doing so.

Providers should clarify these roles before the agreement is concluded. They should also establish who is authorized to receive information, agree to financial commitments, and participate in decisions concerning the resident's care.

Where the older person can participate in a decision, they should have a meaningful opportunity to understand the proposed arrangement, ask questions, and express preferences.

Where legal representation is necessary, the organization should establish the nature and limits of that authority under applicable law.

Family participation should support the older person's rights and choices rather than automatically replace them.

Informed Choice Requires More Than a Signature

A signed agreement does not necessarily establish that everyone understood its meaning.

Residential care contracts may contain lengthy terms, unfamiliar legal language, complicated fee arrangements, or provisions that are difficult to interpret without assistance.

For some older people, hearing or vision impairment, cognitive difficulties, limited literacy, or unfamiliarity with formal documents may create additional barriers.

These circumstances call for appropriate communication and support.

Providers should explain important terms before the agreement is signed and allow sufficient time for questions and consideration. Depending on the person's needs, this may involve larger print, a verbal explanation, a simpler summary, or assistance from someone the person trusts.

The goal is not to remove necessary legal detail from the agreement. It is to ensure that essential information is communicated in a form the relevant parties can understand.

People should know what services they are agreeing to receive, which charges are included, what may cost extra, and how concerns or disagreements can be raised. They should also understand the consequences of accepting or declining the proposed arrangement.

Understanding and agreement are not the same thing. A person may understand a contract and decide not to accept it. Someone may wish to receive residential care but disagree with a particular condition.

Such concerns should be discussed openly rather than treated as obstacles to completing admission paperwork.

Civil act capacity also requires careful consideration.

Under Viet Nam's Civil Code No. 91/2015/QH13, adults generally have full civil act capacity, subject to legally defined exceptions.

Age, frailty, physical disability, or a diagnosis of dementia does not automatically establish that a person has lost legal capacity to enter into an agreement.

Where the law requires a formal determination concerning civil act capacity, representation, or guardianship, organizations should follow the relevant legal procedures rather than making assumptions based solely on a medical condition or family request.

An older person may need considerable assistance to understand a decision while retaining the legal right to make it.

Informed choice means providing appropriate support without unnecessarily taking that choice away.

Defining the Services the Facility Can Actually Provide

A residential care agreement should accurately describe the services the organization is undertaking to deliver.

The description should distinguish accommodation, meals, personal care, supervision, social activities, and other services included in the agreed arrangement. It should also explain relevant limitations and identify services requiring separate arrangements.

The scope will vary according to the facility's operating model, legal classification, staffing, professional capabilities, and authorized activities.

Some providers primarily offer accommodation and assistance with daily living. Others may arrange nursing, rehabilitation-related support, or access to medical services through appropriately qualified professionals or external healthcare organizations.

These differences matter because families may interpret similar marketing language in very different ways.

A statement that a facility provides "24-hour care" may describe the continuous availability of general care workers. It does not necessarily mean that physicians, nurses, rehabilitation professionals, or other clinical personnel are available onsite at every hour.

Similarly, the presence of healthcare professionals does not automatically establish that the facility is authorized to perform every type of medical examination or treatment.

An agreement should distinguish services delivered directly by the provider from those requiring referral, external professionals, or separate payment arrangements.

Regulated medical activities must remain within applicable licensing and professional requirements. A service contract cannot authorize an organization or worker to perform medical activities outside their lawful scope.

Care needs should also be considered when services are described. If a provider agrees to deliver a particular level of assistance, it should be able to explain how that support will be organized and whether meaningful limitations apply.

Arrangements for specialist consultations, rehabilitation, hospital appointments, medical transport, personal equipment, and additional supervision may differ between facilities.

These distinctions should be clear before the older person becomes dependent on the service.

Promising more than the organization can reliably provide may create risks that cannot later be resolved through contractual language alone.

Connecting the Service Agreement With the Individual Care Plan

A residential service agreement and an individualized care plan are closely related, but they serve different purposes.

The agreement establishes the contractual relationship, including services, fees, responsibilities, duration, and other accepted terms.

The care plan describes how the older person's assessed needs will be addressed in everyday practice. Depending on the setting, it may cover assistance with daily activities, mobility, communication, nutrition, medication-related arrangements, and other relevant support needs.

A care plan may need to change more frequently than the contract.

For example, a resident recovering from illness may temporarily require additional help with dressing or moving around the facility. Such an adjustment does not necessarily mean that the organization is entitled to charge an additional fee.

In another situation, a substantial increase in dependency may require services outside the existing agreement or beyond the facility's current capabilities.

The provider should have a reliable process for identifying when a change in care needs requires reassessment, a review of services, or consideration of contractual implications.

An updated care plan should not automatically be treated as consent to a higher fee. Equally, a signed contract does not replace the need for appropriate assessment when the resident's condition changes.

The question is whether the person's current needs, the provider's capabilities, and the agreed services remain aligned.

Making Fees and Additional Charges Understandable

The cost of residential long-term care can be difficult to understand when several services are combined into one monthly fee.

A quoted price may include accommodation, meals, standard personal assistance, supervision, and certain shared services. Additional expenses may arise from medicines, incontinence products, specialist consultations, rehabilitation, personal equipment, or medical transport, depending on the provider and the agreed package.

There is no single pricing structure that applies to every residential care provider in Viet Nam.

What matters is whether the arrangement is explained accurately before the agreement is concluded.

The relevant parties should be able to understand the regular charges, what those charges cover, and the circumstances in which additional payments may arise.

Where fees depend on the number of days, type of accommodation, level of care dependency, or another defined basis, the method should be clear. Providers should also explain applicable taxes and other charges where relevant.

Upfront payments deserve particular attention.

Deposits, advance payments, reservation charges, and similar amounts should have clearly explained purposes and lawful contractual grounds. The agreement should address when those amounts may be used, how they are accounted for, and the circumstances in which they may be returned or applied to outstanding charges.

Advertising a low monthly price while leaving essential additional costs insufficiently disclosed can create misleading expectations.

Likewise, a family should not discover only after admission that assistance reasonably understood to be part of the agreed package attracts a separate charge.

Transparent pricing does not mean that every future expense can be predicted. It means the structure of regular fees, foreseeable exclusions, and arrangements for additional charges are sufficiently clear for people to make informed decisions.

When Care Needs Change, Review the Care Before Changing the Price

An older person's needs may change substantially during a residential stay.

Someone may become less mobile after hospitalization, develop additional cognitive difficulties, or require greater assistance with eating, bathing, dressing, or supervision.

These changes may increase the resources needed to provide appropriate care. However, a change in health or functional ability does not automatically establish that a particular fee increase is justified.

The first step should be to understand what has changed and whether the current care arrangements remain suitable.

Where appropriate, the provider should arrange reassessment by personnel with the relevant competence and determine whether additional services are necessary.

If the proposed changes affect the agreed service package, the organization should explain what additional support is recommended, whether it can be delivered safely, and how the proposal relates to the existing agreement.

Any associated fee change should be communicated clearly, including the amount, basis for calculation, applicable terms, and required approval or agreement.

The resident's views should remain part of the process. The involvement of a payer or family representative does not automatically replace the older person's rights or the consent requirements applicable to particular care interventions.

Financial uncertainty should not be allowed to delay necessary emergency assessment or protective action.

If the facility can no longer meet the person's needs safely, it should explain that limitation and consider appropriate arrangements for further assessment, continuity of care, or transition to a suitable provider.

A fair review process helps prevent a difficult situation from becoming an abrupt choice between accepting an unexplained fee increase and losing essential support.

Fee Reviews and Unilateral Changes Require Legal Safeguards

Long-term care providers may face changes in staffing costs, food prices, utilities, equipment expenses, and other operational requirements.

It can therefore be reasonable for an agreement to explain when and how fees may be reviewed.

However, changing operating costs do not give a provider unrestricted authority to impose new charges or alter an existing contract.

Viet Nam's Law on Protection of Consumer Rights No. 19/2023/QH15, as amended, provides important protections for consumer transactions within its scope.

Article 25 prohibits specified contractual terms that may unfairly disadvantage consumers. These include certain provisions allowing businesses to make unilateral changes or change prices during the continuous provision of services without establishing the consumer's right to terminate the contract.

The legal treatment depends on the applicable provisions and the nature of the arrangement. These protections do not mean that every fee increase is unlawful or that all providers must use the same notice period.

Where a residential care arrangement qualifies as a continuous service under the consumer protection law, Articles 41 and 42 may also be relevant.

Article 42 addresses written contracts for continuous services and specifies additional information requirements for standard-form contracts within its scope. Among these are details about service duration, charges, possible additional costs, and notifications related to the continued use or expiration of services.

For applicable standard-form continuous service contracts, the law includes requirements to provide specified notifications at least seven working days before the relevant service-use period or contract ends.

These notification provisions concern the particular circumstances defined by Article 42. They should not be interpreted as a universal seven-working-day termination notice period for every residential care arrangement.

They are also distinct from the seven-day notice language in the model care service agreement under Decree No. 395/2026/ND-CP.

The two sets of provisions must be interpreted separately and applied only when the relevant legal conditions are met.

A fair agreement should explain the basis for reviewing fees, how proposed changes will be communicated, and the choices available to the relevant parties.

Where an amendment requires agreement, the provider should obtain it through an appropriate process before implementing the change.

Changes should be documented clearly enough for the parties to identify the current contractual terms.

Care dependency also matters. An older person may find it difficult to move to another facility because of health needs, emotional attachment, limited alternatives, or the practical risks of relocation.

That dependency should not be used to pressure the resident or family into accepting unfair conditions.

A transparent fee review mechanism should allow providers to address legitimate changes without granting them unrestricted control over the financial arrangement.

Clear Billing and Accessible Complaint Processes

Even a carefully written agreement can lead to disagreement when invoices are difficult to understand.

A family may receive a higher bill without knowing which additional service caused the change. A charge may appear under an unfamiliar description or may not correspond clearly to the current agreement.

Providers should establish reliable processes for calculating, reviewing, and communicating charges.

Billing information should allow the appropriate parties to understand the period covered, the services or items charged, and how the total was calculated.

Where additional services have been agreed, those charges should be identifiable and supported by appropriate records. Documentation must also meet applicable accounting, tax, contractual, and other legal requirements.

Errors should be addressed promptly. A mistaken charge should not become a prolonged dispute simply because the organization has no practical process for review.

Where an overcharge is confirmed, the appropriate correction or refund should be made according to applicable legal and contractual requirements.

Overdue payments also require careful handling.

A delay may arise from administrative mistakes, family disagreements, unexpected expenses, or genuine financial difficulty. Providers may need to protect their legitimate financial interests, but communication and enforcement must remain lawful and respectful.

An organization should have a clear process for receiving and addressing questions, complaints, and disputes about fees or services.

Residents and relevant parties should know whom to contact, how concerns will be reviewed, and how they will receive a response.

Financial information should be shared with the appropriate people. A family member responsible for payment may need invoices and related financial records, but that responsibility does not automatically confer unrestricted access to the resident's personal or medical information.

Billing transparency and privacy protection need to work together.

Changes to Services Are Not Always Financial Changes

A provider may change its daily schedule, reorganize activities, alter the availability of certain services, or modify how support is delivered.

Some operational adjustments may be consistent with the existing agreement. Others may materially affect what the resident agreed to receive.

Removing a previously included service may affect the person's well-being, routine, or ability to remain safely in the facility.

For example, a reduction in personal assistance, supervision, or access to necessary support may have consequences beyond the immediate financial value of the service.

A provider should not assume that describing a change as an internal operational decision removes its contractual obligations.

The appropriate response depends on the terms of the agreement, the nature and significance of the change, the resident's circumstances, and applicable law.

Material changes should be explained in advance where practicable, with appropriate assessment of their consequences and the necessary agreement or authorization.

Where urgent action is required to protect safety, the organization may need to respond promptly within its lawful responsibilities while communicating and reviewing the implications afterward.

The agreement should help manage necessary changes openly rather than provide a mechanism for concealing reductions in promised services.

Protecting Personal Rights and Privacy

Moving into residential care does not mean surrendering personal dignity, privacy, or lawful decision-making rights.

A service agreement may establish reasonable responsibilities concerning communal living, payment arrangements, facility procedures, and the use of shared spaces.

However, broad contractual language should not be interpreted as unlimited permission to restrict personal freedom, disclose private information, or make decisions that require separate legal or professional authorization.

For example, a general agreement to comply with facility rules does not automatically authorize physical restraint, sedation, unnecessary restrictions on contact with others, or medical procedures.

Such matters must be considered under applicable legal and professional requirements.

Consent to receive accommodation and care services is not a universal authorization for future clinical interventions.

The respective roles of residents, healthcare professionals, care workers, family members, and legally authorized representatives must remain clear.

Personal data protection is another important consideration.

Residential care providers may collect identity information, family contacts, financial details, health information, and records concerning care needs or daily activities.

Some of this information may be necessary to organize and deliver services, but legitimate care purposes do not justify unrestricted collection, access, retention, or disclosure.

Viet Nam's Law on Personal Data Protection No. 91/2025/QH15 and Government Decree No. 356/2025/ND-CP, both effective from January 1, 2026, are relevant to the lawful processing of personal information.

Providers should establish appropriate legal grounds and safeguards for the information they handle. Where consent is the applicable legal basis, the requirements for obtaining and managing that consent must be respected.

Contracts and related privacy information should explain relevant data practices clearly enough for affected individuals to understand them.

Family requests for information require particular care. An emergency contact, payer, relative, or nominated communication person may have an important role, but the extent of access to the resident's records must be determined under applicable legal and authorization arrangements.

A well-designed agreement supports appropriate information sharing without treating every family relationship as unrestricted authority over personal data.

Ending an Agreement Fairly and Safely

Residential care agreements should explain the circumstances in which the arrangement may end.

A resident may wish to leave voluntarily. A family may identify another provider. The facility may determine that it can no longer meet the person's needs safely.

Other circumstances may involve nonpayment, serious disagreements, organizational changes, or the resident's death.

These situations should not automatically be handled in the same way.

The applicable requirements depend on the law, the agreement, the provider's legal status, and the circumstances of termination.

A clear contract should address relevant notice arrangements, outstanding financial responsibilities, deposits, advance payments, unused services, and the practical arrangements associated with ending care.

Where the resident's needs exceed the facility's capabilities, the provider should consider appropriate assessment, communication, and transition arrangements.

A person who requires substantial daily assistance cannot necessarily leave residential care as easily as someone checking out of ordinary accommodation.

An abrupt disruption may affect medication management, nutrition, mobility, supervision, and access to necessary healthcare. Providers should therefore consider the risks associated with interrupted care and coordinate appropriate transitions within their legal and professional responsibilities.

Financial disputes also require care. A provider may have contractual rights concerning unpaid fees, but those rights must be exercised lawfully and without disregarding the resident's safety and dignity.

Where a resident dies, final charges, personal property, advance payments, and other outstanding matters should be addressed through lawful and clearly documented arrangements. Procedures following a death must also respect applicable legal requirements and the distinct responsibilities of the relevant parties.

There is no universal Vietnamese rule requiring every residential care provider to use the same notice period, termination charge, or refund formula.

The aim is to make the end of the care relationship orderly, transparent, and respectful while protecting the rights of everyone involved.

Understanding the Legal Framework in Viet Nam

Residential long-term care agreements in Viet Nam may be governed by several overlapping legal frameworks.

Their application depends on the nature of the organization, its authorized activities, the services provided, and the contractual relationships involved.

The Civil Code No. 91/2015/QH13 establishes the general framework for civil transactions, contracts, representation, civil act capacity, and contractual obligations.

The Law on Older Persons No. 39/2009/QH12, as amended, provides additional protections concerning older people's rights and care arrangements.

Its consolidated text, Document No. 23/VBHN-VPQH, was issued on February 26, 2026.

Article 11 is particularly relevant to delegated care arrangements involving individuals with support obligations and organizations providing care services.

The Law on Protection of Consumer Rights No. 19/2023/QH15, effective July 1, 2024, as subsequently amended, is relevant where the service arrangement falls within its scope.

Consolidated Document No. 47/VBHN-VPQH, issued on March 17, 2026, brings together the consumer protection law and amendments introduced by the Law on Cybersecurity No. 116/2025/QH15, which took effect on July 1, 2026.

Article 8 of the consumer protection law includes older persons among the categories of vulnerable consumers entitled to relevant protections under the law.

Articles 23 through 28 address consumer contracts, standard-form contracts, general transaction conditions, prohibited contractual terms, and related responsibilities.

Article 23 establishes requirements concerning consumer contracts, including clarity, language, and relevant contractual content.

Article 24 provides for interpretation in favor of consumers when contractual terms can be understood differently.

Article 25 prohibits specified unfair terms, including certain provisions concerning unilateral changes, inappropriate limitations of business responsibility, and restrictions on consumer rights.

Articles 26 and 27 address responsibilities concerning standard-form contracts and general transaction conditions.

Where the statutory conditions for continuous service arrangements are met, Articles 41 and 42 may impose additional relevant requirements.

Government Decree No. 55/2024/ND-CP provides further implementation requirements.

Article 6 establishes presentation requirements for consumer contracts and related documents within its scope. For contracts concluded on paper, the minimum text size is 12-point Times New Roman or an equivalent size. The document must also use appropriate contrast, a clear layout, and understandable language.

These requirements illustrate that contract clarity is not merely a matter of customer service when consumer protection law applies.

However, different contractual arrangements may be subject to different legal requirements.

Not every organization providing older-person care operates under the same commercial or regulatory model. Nor does every standard-form agreement necessarily require registration with a state regulator.

Whether registration or another administrative requirement applies must be determined according to the relevant service category and legal provisions.

Consumer protection obligations should not be dismissed simply because a provider describes its activities as social care. Equally, requirements designed for a specific commercial arrangement should not automatically be imposed on every social assistance or healthcare provider.

The correct approach is to establish the organization's legal classification, determine the nature of the transaction, and apply the relevant legal requirements accordingly.

Preparing for Decree No. 395/2026/ND-CP

An important development for Viet Nam's social assistance sector is Government Decree No. 395/2026/ND-CP on the operation and management of social assistance facilities.

The decree was issued on October 23, 2026, and is scheduled to take effect on December 7, 2026.

At the time of this article's review on November 2, 2026, it has been issued but is not yet in force.

Organizations should therefore distinguish between the requirements currently applicable and those that will apply when the new decree takes effect.

Decree No. 395/2026/ND-CP addresses different types of social assistance facilities, including specified facilities providing long-term care and related services for older people.

Article 4(2) refers to voluntary recipients covered by Article 21(4) of Government Decree No. 335/2026/ND-CP on social assistance policies, issued August 21, 2026, and effective October 5, 2026.

For the defined voluntary care arrangements, where the person receiving care or a relevant relative, sponsor, or guardian contributes financially as agreed, Decree No. 395 provides a model care service agreement in Appendix X.

The model identifies the parties and the care recipient and addresses care arrangements, agreed financial contributions, duration, termination, and general contractual responsibilities.

Its termination provisions include language concerning at least seven days' advance notice between the parties.

That provision must be interpreted within the model's scope, wording, and applicable legal framework.

It should not be presented as a universal seven-day notice requirement for every residential care agreement in Viet Nam, nor as a general authorization to terminate essential care without considering other legal obligations.

Appendix X is also not a universal commercial contract template automatically applicable to every organization offering accommodation or support to older people.

Its application follows the categories and arrangements specified by the decree.

An additional issue concerns representation.

Where the model identifies a person representing the care recipient, the organization must still establish the correct legal basis for that role.

The existence of a representative field in a prescribed form does not automatically give a family member unrestricted authority to decide on behalf of the older person.

Organizations within the scope of the new decree should review their agreements, admission procedures, and service arrangements in preparation for its effective date.

That review should also consider civil law, consumer protection, professional licensing requirements, privacy obligations, and other relevant legislation.

The decree contains transitional provisions for social assistance facilities established or licensed under Decree No. 103/2017/ND-CP before the new decree takes effect.

Under those provisions, qualifying existing facilities may continue operating without repeating the initial activity notification procedure. The decree also establishes a two-year period from its effective date for those facilities to review and meet the applicable operational requirements and report the results to the competent authority.

These transitional arrangements should not be interpreted as a blanket exemption from all legal obligations or as automatically postponing every requirement concerning care agreements.

Providers should determine which transitional and operational provisions apply to their circumstances.

A model agreement can improve consistency, but responsible implementation requires more than copying its wording.

Lessons From International Practice

International frameworks provide useful reference points for improving residential care agreements, although they do not replace Vietnamese law.

Australia's strengthened Aged Care Quality Standards took effect on November 1, 2025, for providers within their applicable scope.

Outcome 1.4, Transparency and Agreements, emphasizes informed decision-making, clear communication about fees and invoices, and the opportunity for older people to consider agreements and seek advice.

Associated guidance addresses transparent pricing, accurate invoices, appropriate communication about changes, and timely correction of billing errors.

These principles are relevant because residential care agreements affect both financial responsibilities and older people's ability to make meaningful decisions.

The United Kingdom's Competition and Markets Authority (CMA) has also issued guidance on consumer rights in care homes.

Its 2018 guidance for residents and families explains the importance of clear contractual terms, advance disclosure of fees, and fair treatment when costs or services change.

The CMA's revised consumer law advice for care home providers, published in December 2021, provides further guidance on contractual fairness, information disclosure, and financial practices.

These resources recognize the particular difficulties residents may face when changing providers, especially when they have significant care needs.

However, specific notice periods, contractual remedies, and rules concerning charges under United Kingdom law are jurisdiction-specific. They should not be presented as mandatory requirements in Viet Nam.

ISO 25557:2026, Ageing Societies — Care Quality for Older Persons at Home and in Care Facilities, provides another international reference.

The standard addresses quality care based on individual needs, preferences, self-determination, participation, safety, and organizational responsibility.

Although it is not a contract law standard, its person-centered approach is relevant to how organizations establish, explain, and implement care arrangements.

The United Nations Principles for Older Persons, adopted in 1991, further reinforce the importance of independence, participation, care, self-fulfillment, and dignity.

Together, these resources support a consistent principle: older people should have meaningful opportunities to understand their care arrangements, participate in decisions affecting their lives, and expect providers to honor their commitments.

The value of international guidance lies in informing better practice while respecting the legal and service context of Viet Nam.

Making Agreement Quality an Organizational Responsibility

A service agreement may be prepared by administrative or legal personnel, but its implementation depends on many parts of the care organization.

Admissions staff explain what is available. Care coordinators assess needs. Managers organize staffing and service delivery. Finance teams prepare invoices. Senior leaders approve significant changes and resolve difficult decisions.

If these functions are poorly coordinated, the written agreement may become disconnected from everyday care.

An admissions employee may promise a service that the facility cannot reliably deliver. Care workers may provide additional assistance without knowing whether it falls within the existing package. Finance personnel may issue a charge without a clear record of the agreed service.

These are organizational problems as well as potential contractual disputes.

Providers should establish a coordinated process for preparing, explaining, implementing, reviewing, and changing agreements.

Staff involved in admissions need accurate information about the facility's capabilities and fees. Care coordinators should know how to identify changes requiring contractual review, while finance teams need reliable access to current payment terms and records of agreed additional services.

Managers should understand when proposed changes require resident involvement, professional reassessment, legal review, or a formal amendment.

Organizations should also ensure that employees do not make commitments beyond their authority.

A verbal assurance may influence a family's decision even if it does not appear in the final written contract. Inconsistent explanations can create disagreements that are difficult to resolve later.

The agreement should remain consistent with the organization's actual services, current legal requirements, and established procedures.

Contract quality is not achieved only when a document is signed. It must be maintained throughout the care relationship.

Measuring Whether Agreements Are Clear and Fair

Organizations can review their agreement processes without creating an excessive administrative burden.

One useful starting point is to examine whether older people and relevant parties receive understandable information before admission and have an appropriate opportunity to ask questions.

Another is to determine whether the agreement accurately describes the services offered, exclusions, financial arrangements, and processes for managing change.

Providers may also review whether representatives' authority has been properly established, whether amendments are documented, and whether invoices correspond to current contractual terms.

Recurring complaints about the same charge or repeated corrections to similar invoices may indicate a problem with the agreement or the way information is communicated.

Consistency between departments is particularly important.

If admissions personnel, care coordinators, and finance teams provide different explanations of what is included, the organization may have a governance problem even if its contract appears legally complete.

Resident and family feedback can reveal confusing language, unexpected charges, or procedures that are difficult to follow.

The absence of complaints should not automatically be interpreted as evidence that the arrangements are fair.

Some residents may hesitate to question a provider because they rely on its services. Others may be unaware that a particular charge or service change can be challenged.

Routine checks of billing accuracy and contract implementation can therefore be useful even when no formal complaint has been submitted.

The objective is not simply to demonstrate that documents exist. It is to establish whether people understand the arrangement and whether the organization is consistently delivering the services it has agreed to provide.

From Contract Compliance to Trustworthy Care

Residential long-term care agreements are often discussed in terms of monthly fees, deposits, legal clauses, and signatures.

These matters are important, but they do not capture the full meaning of an agreement for an older person.

For someone moving into residential care, the agreement may influence where they live, who assists them each day, what services they can depend on, and how much control they retain over decisions affecting their lives.

No agreement can prevent every disagreement. Care needs may change, costs may increase, and organizations may encounter genuine limitations in what they can provide.

What matters is whether those changes can be managed openly, lawfully, and with appropriate involvement of the person receiving care.

For organizations in Viet Nam, improving service agreements offers an opportunity to connect consumer protection, person-centered care, financial transparency, and organizational accountability.

The objective should not be to create the longest possible contract or anticipate every future problem through an increasingly complicated set of clauses.

It should be to establish a clear and lawful arrangement that reflects the services actually available, protects the older person's rights, and provides a fair process when circumstances change.

A residential care agreement should not become irrelevant once admission is complete. It should remain a dependable reference throughout the care relationship.

Ultimately, the quality of an agreement is demonstrated not only by what people sign, but by whether the provider delivers what was promised, explains changes openly, and continues to treat the older person as someone whose choices, rights, and dignity matter.

Key References and Regulatory Context

National Assembly of Viet Nam. (2009). Law on Older Persons No. 39/2009/QH12, as amended. Particularly Articles 3 and 11 concerning older persons' rights and delegated care arrangements.

Office of the National Assembly of Viet Nam. (2026). Consolidated Document No. 23/VBHN-VPQH — Law on Older Persons. Issued February 26, 2026.

National Assembly of Viet Nam. (2015). Civil Code No. 91/2015/QH13. Relevant provisions concerning civil act capacity, representation, contracts, and contractual obligations.

National Assembly of Viet Nam. (2023). Law on Protection of Consumer Rights No. 19/2023/QH15, as amended. Effective July 1, 2024. Particularly Articles 8, 23–28, and 41–42.

Office of the National Assembly of Viet Nam. (2026). Consolidated Document No. 47/VBHN-VPQH — Law on Protection of Consumer Rights. Issued March 17, 2026.

Government of Viet Nam. (2024). Decree No. 55/2024/ND-CP Detailing Certain Articles of the Law on Protection of Consumer Rights. Effective July 1, 2024, as applicable.

Government of Viet Nam. (2017). Decree No. 103/2017/ND-CP on the Establishment, Organization, Operation, Dissolution and Management of Social Assistance Facilities, as amended and applicable before its replacement.

Government of Viet Nam. (2026). Decree No. 335/2026/ND-CP on Social Assistance Policies. Issued August 21, 2026; effective October 5, 2026.

Government of Viet Nam. (2026). Decree No. 395/2026/ND-CP on the Operation and Management of Social Assistance Facilities. Issued October 23, 2026; scheduled to take effect December 7, 2026. Particularly Articles 4 and 21 and Appendix X concerning the model care service agreement and relevant transitional provisions.

National Assembly of Viet Nam. (2023). Law on Medical Examination and Treatment No. 15/2023/QH15, as amended, and relevant implementing regulations.

National Assembly of Viet Nam. (2025). Law on Personal Data Protection No. 91/2025/QH15. Effective January 1, 2026.

Government of Viet Nam. (2025). Decree No. 356/2025/ND-CP Detailing Certain Articles and Measures for Implementation of the Law on Personal Data Protection. Effective January 1, 2026.

Australian Government Department of Health, Disability and Ageing. (2025). Strengthened Aged Care Quality Standards. Implemented November 1, 2025. Particularly Standard 1, Outcome 1.4: Transparency and Agreements.

Australian Aged Care Quality and Safety Commission. Strengthened Quality Standards Guidance — Outcome 1.4: Transparency and Agreements.

United Kingdom Competition and Markets Authority. (2018). Care Homes: Consumer Rights for Residents and Their Families.

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About Healthy Longevity Vietnam

Healthy Longevity Vietnam (HLVN) is an independent initiative focused on advancing quality, safety, and implementation in age-friendly, integrated, and long-term care for older people in Viet Nam. Through evidence-informed approaches, quality improvement, measurement, and collaboration, HLVN supports healthcare and care organizations in developing safer, more coordinated, and person-centered care across settings.

Disclaimer

This article is intended for general educational, quality improvement, and organizational development purposes. It does not constitute individualized legal or financial advice, an official regulatory interpretation, a model service contract, or a mandatory national standard for residential long-term care in Viet Nam.

The requirements applicable to residential care agreements depend on the provider's legal status, authorized activities, service model, contractual arrangements, the authority of the parties involved, and applicable Vietnamese laws and regulations.

The Civil Code, Law on Older Persons, Law on Protection of Consumer Rights, and other relevant legislation may apply differently depending on the circumstances. A person's age, disability, cognitive difficulties, or medical diagnosis does not automatically determine civil act capacity or authorize another person to make decisions on their behalf.

Contractual provisions concerning fees, deposits, additional services, fee adjustments, termination, refunds, representation, and dispute resolution must be assessed under the applicable law and the particular agreement. No universal fee-adjustment process, notice period, refund formula, or contractual arrangement should be inferred from this article.

Government Decree No. 395/2026/ND-CP was issued on October 23, 2026, and is scheduled to take effect on December 7, 2026. Its Appendix X model care service agreement applies within the scope specified by the decree and should not be treated as a universal template or as a requirement already in force on the review date of this article.

Service agreements do not replace individualized care assessment, medical consent, professional licensing requirements, personal data protection obligations, or appropriate responses to urgent clinical and safety needs.

International standards, guidance, and foreign legal examples are provided as reference points. They do not replace Vietnamese law or create automatically applicable contractual obligations for providers operating in Viet Nam.

Organizations should obtain advice from appropriately qualified legal, healthcare, social care, and financial professionals when developing or revising service agreements and consult competent authorities where necessary.

Information and regulatory context reviewed as of November 2, 2026.