PepsiCo Foods Vietnam Company

24/12/1991 – International Beverage Company (IBC) was established by a joint venture between Marcondray – Singapore and the SPCo at the rate of 50% – 50% equity. The company conducted its beverage factory in Hoc Mon district.

1994 – PepsiCo took part in the Vietnam market with two brands – Pepsi and 7Up. PepsiCo ventured with capital accounted for 30%.

1998 – PepsiCo bought 97% stake, increased its capital to 110 million dollars while SPCo took 3% of venture.

2003 – PepsiCo bought the remaining 3% stake, renamed the company into International Beverages PepsiCo Vietnam and launched more brands: Aquafina, Sting, Twister, Lipton Ice Tea.

2004 – The International Beverage Company PepsiCo Vietnam had the largest market share in beverage industry in Vietnam.

2005 – The International Beverage Company PepsiCo Vietnam has the largest market share in the carbonated soft drinks sector in Vietnam and launched its first food product – Poca brand snack.

2007 – PepsiCo developed its soy milk sector.

2008 – PepsiCo inaugurated the first food factory in Binh Duong, launched its Poca product produced from fresh potatoes, Lipton green tea products, Poca Extruded,…

2009 – PepsiCo inaugurated the beverage factory at Can Tho, launched its products including Pepsi; Mirinda; 7up PET 500 ml; Twister pineapple, kiwi; shrimp chips; grilled beef with five spices; lobster mixed butter, garlic; roasted peking duck.

2011 – PepsiCo Vietnam became BU, started construction of the largest food and beverage factory at Southeast Asia’s in Bac Ninh, launched Twister apple, Poca Football Party and Cheetos barbecue bombs.

2012 – PepsiCo opened the beverage factory in April in Bien Hoa city, Dong Nai province, inaugurated its food and beverage factory in Bac Ninh, launched twisties products, …

23/10/2012 – PepsiCo ventured with Suntory Holdings Limited (Suntory) with capital contributed by 40% of Pepsi and 51% of Suntory.

21/02/2013 – Establishment of Limited Liability Companies Food PepsiCo Vietnam

PepsiCo core values are corporate’s standard of value and global ethical behaviors. These values are the guidelines in all our cultural and business activities, which do not just stop at the slogan, but have gone into the daily life of employees, managers, companies and corporations.

We are committed to providing our employees with a fair, honest, humane and culturally diverse working environment in which human factors are one of the most important factors.

Besides, we also focus on organizing entertaining and healthy activities helping employees manage their work-life balance.

In addition, the fact that the company’s concern is not only to employees but also to their relatives and to the community we are living in is showcased through an abundance of programs such as organization of health survey, inheritance planning, KUDOS rewards, integration programs for new employees “Lighthouse”, health insurance and Helping Hands  charitable programs,…

Welcome to PepsiCo Foods Vietnam Careers Page – the start of your career path.

You can also share this information with your friends and family. This site connects to the global PepsiCo site; So, you can find jobs not only in Vietnam but worldwide.

One of the most important factors contributing to the success of PepsiCo is the workforce which is concerned and constantly developed.

Want to learn more about how we support employees’ careers at PepsiCo?

Watch the video that introduces our case studies and take a look at PepsiCo’s sustainable career development model.

At PepsiCo, we provide you with many opportunities to develop your career with the guideline “Possibilities – Opportunities are endless”. Let’s save time for discovery and  contact us.

PEPSICO PRIVACY POLICY

Last updated: 3 July 2023

Introduction & General Terms

PepsiCo Foods Vietnam Company, having its head office at No. 3-4-5, Lot CN2, Street No. 2, Song Than 3 Industrial Park, Binh Duong Ward, Ho Chi Minh City​, Vietnam, (‘PepsiCo’), cares about your privacy and is committed to protecting your personal data, which is any information associated with you or enabling the determination of your identity (‘Personal Data’), to the best of our ability.

This privacy policy describes what Personal Data PepsiCo may collect from you and how they are collected, why PepsiCo processes collected Personal Data, when PepsiCo will disclose or transfer collected Personal Data about you, cross-border data transfer, informing you of our collection of Personal Data, sources of your Personal Data, data retention period, data security, changes to this Privacy Policy, how you can contact us, and your rights and obligations under applicable Vietnamese laws and regulations on personal data protection.

Please carefully read our Privacy Policy to understand your rights to collected Personal Data.

PepsiCo website may contain hyperlinks to websites owned and operated by third parties. These third-party websites have their own privacy policies and are also likely to use cookies. PepsiCo recommends that you review these policies, which will govern the use of Personal Data which you may submit when visiting these websites and which may also be collected by cookies. PepsiCo does not accept any liability for using such third-party websites.

1. What Personal Data PepsiCo may collect from you and how they are collected

When you engage in any business or transaction with PepsiCo or participate in, access or sign up to any of PepsiCo’s services, activities or online contents (including on social media and messaging applications), such as newsletters, promotions, live chats, message boards, website and mobile notifications or votes, PepsiCo may, by automated or non-automated means, collect or receive Personal Data about you. This may include your name and surname, email address, postal address, telephone or mobile number, gender, nationality, date of birth, educational background, occupation, marital status, identification card number, passport number, driving license number, photo, as well as information collected about your use of PepsiCo services, such as what you read, watched or did on our website, app or when using our other services.

Please note that sometimes you may decide to provide us with additional Personal Data, and sometimes sensitive Personal Data (e.g. bank account detail, information about your racial or ethnic origin, religious beliefs, criminal records, health data or disability condition, biometric data) which is any Personal Data associated with your privacy that, when violated, will directly affect your legitimate rights and interests (‘Sensitive Personal Data’). If you do this, PepsiCo will provide further information about how PepsiCo will use your collected Personal Data and may seek your explicit consent at the time, if it is required under applicable laws and regulations on personal data protection.

Some of our services enable you to sign-in via third-party service providers, such as Facebook, Twitter and Instagram. If you choose to sign-in via a third-party service provider, you will be presented with a dialog box which will ask your permission to allow PepsiCo to access your Personal Data (e.g. your name and surname, date of birth, email address or any other information you have made publicly accessible on the third party site).

PepsiCo may also collect information about how you use PepsiCo mobile app, PepsiCo websites or other PepsiCo content online, and the device(s) you use to access the services as well as unique online identifiers such as IP addresses and cookies, which are numbers and files that can help to uniquely identify a specific computer or other network device on the internet.

2. Why PepsiCo processes your collected Personal Data

PepsiCo only collects, uses, discloses, transfers or processes your Personal Data where it is necessary or there is a lawful basis to do so which may include:

a) performance of any contract between you and PepsiCo (‘Contract Performance’);

b) compliance with obligations pursuant to laws, including but not limited to data protection laws, corporate laws, accounting and tax laws, labour laws, archive laws and other relevant laws (‘Legal Obligations’);

Apart from the mentioned lawful bases, PepsiCo may process your Personal Data on the ground of consent (‘Consent’). If PepsiCo needs to ask for your consent, PepsiCo will make it clear what PepsiCo is asking for and ask you to confirm your choice to give us that consent. If you are a child (any person under 16 years of age), we will seek your consent, if you are 7 years old or over, and your parents’ or guardian’s consent. If PepsiCo cannot provide a service or product without your consent to process your Personal Data, PepsiCo will make this clear when PepsiCo asks for your consent.

PepsiCo will use or process your Personal Data for a number of purposes including the following:

2.1 Contract Performance

PepsiCo will process your Personal Data in accordance with the contract between you and us, and for the following reasons:

• Delivering products and/or services to you or procuring products and/or services from you;
• Administering, implementing, maintaining, managing and operating our products and/or services;
• Processing, assessing and determining any applications or requests made by you in connection with our products and/or services;
• Entering into or executing contracts and maintaining your account with us;
• Exercising rights or performing obligations under executed contracts; or
• Support you to participate in activities organized by or on behalf of us.

2.2 Legal Obligations

PepsiCo will rely on the purpose of legal obligations in which the processing of your Personal Data is necessary for compliance with a legal obligation to which PepsiCo is subject.

2.3 Other Processing Purposes

When PepsiCo does not rely on other lawful grounds to collect and process your Personal Data, we will seek your valid consent for the processing, including for the following purposes:

• Conducting meetings either physically or virtually through reliable programs, app or software.
• Communicating information about our services, activities or online contents (e.g. relating to upcoming promotions or new product launches) or dealing with your requests and enquiries;
• Administering services, which means that PepsiCo may contact you for reasons related to the business, transaction, service, activity or online content you have executed or signed up for (e.g. notifying you about the administration of a promotion that you have participated in, or notifying you that a particular service, activity or online content has been suspended for maintenance or updating our Privacy Policy);
• Customizing the content that you see on our website and app, and the advertising that you see on our website, app, or other sites and services;
• Working with third parties to show you relevant advertising on those third-party websites;
• Contacting you about any submission you have made;
• Using IP addresses and device identifiers to identify the location of users, blocking disruptive use, establishing the number of visits from different countries, tailoring the content of our website, app or other services based on browsing behaviors, and determining which country you are accessing the services from;
• Analyzing and researching so that PepsiCo may improve the services offered by PepsiCo;
• Investigating suspected misconduct activities reported by or against you or third parties via PepsiCo Speak Up Hotline including enquiring those who witnessed the misconducts;
• Conducting a third-party due diligence against you to find out any red-flag signs and for our Global Anti-Bribery Compliance Policy including investigation via public sources;
• Establishing, complying, exercising, or defending legal claims against you or initiating litigation action to protect our interests; and
• Other purposes as notified to you at the time of collecting and processing data.

If you change your mind or no longer wish for us to process your collected Personal Data, you can exercise your rights to withdraw your consent at any time by requesting your consent withdrawal by email to VietnamLegal@pepsico.com. In this case, PepsiCo will not be able to arrange all activities for the Processing Purposes and cannot manage or provide you the products and services as committed. PepsiCo reserves the right to unilaterally terminate, cancel the contract and request for compensation in case your consent revocation request results in your breach of obligations under the contract with PepsiCo, or your legal obligations.

Where PepsiCo proposes using your Personal Data for any other purposes, PepsiCo will ensure that PepsiCo notifies you first and/or requests your consent as required by the applicable laws.

3. When PepsiCo will disclose or transfer collected Personal Data about you

PepsiCo may, from time to time, disclose or transfer your collected Personal Data to other entities in the PepsiCo group or to third parties for any of the purposes listed in item 2. Examples of relevant third parties to whom PepsiCo may disclose or transfer your collected Personal Data include governmental agencies and private sectors or third parties who perform services or activities to improve services on our behalf, such as web-hosting providers, payment providers, customer relationship management providers, marketing partners, media and fulfilment partners, and database analytics providers.

When PepsiCo discloses or transfers your collected Personal Data to third parties who perform services on our behalf, PepsiCo ensures that such service providers use your collected Personal Data only in accordance with our instructions, and PepsiCo does not authorize them to use, disclose or transfer your collected Personal Data except as necessary to perform services on our behalf or to comply with applicable legal obligations.

PepsiCo may also disclose or transfer your collected Personal Data to third parties in the circumstances as follows:

• where the disclosure or transfer is required to do so by laws or comply with a specific order from any competent authority;
• where the disclosure or transfer is required for the purposes of, or in connection with, any legal proceedings, or otherwise for the purpose of establishing, exercising or defending our legal rights;
• where the disclosure is required by law enforcement authorities or other government agencies who have issued a lawful disclosure request for the Personal Data;
• where PepsiCo believes the disclosure is necessary to prevent harm or financial loss, or in connection with an investigation of suspected or actual criminal activity; or
• where PepsiCo sells or transfers all or a portion of our business or assets (including through a merger, reorganization, spin-off, dissolution or liquidation).

4. Cross-border Data Transfers

Due to the global nature of our operations, PepsiCo deals with many international organizations and uses global information systems. As a result, PepsiCo may (i) transfer Personal Data to any of the third parties mentioned in item 3 within or outside of Vietnam and (ii) processed Personal Data from a place outside of Vietnam in order to perform any of the processing purposes (collectively “Cross-border Data Transfer“). PepsiCo will take all necessary measures to ensure that any Cross-border Data Transfers are sufficiently protected and comply with all requirements as set out under applicable data protection laws.

5. Informing you of our collection of your Personal Data

Before PepsiCo collects or processes your Personal Data, PepsiCo will always notify you about our processing as required by applicable laws (‘Processing Notice’). Only in some circumstances, it is not necessary for us to inform you of our processing activities, such as when (i) you as the data subject has been fully aware of and consented to what is described in the Processing Notice before consenting to our collection of your Personal Data, or (ii) Personal Data is processed by competent authorities in accordance with applicable laws.

6. Sources of your Personal Data

PepsiCo will collect your Personal Data directly from you, but sometimes PepsiCo may collect them from publicly available sources and/or from other parties, in which case PepsiCo will ensure that PepsiCo and/or other parties fully comply with the applicable laws.

7. Your rights

The applicable laws aim to give you more control of your Personal Data. You have legal rights concerning your collected Personal Data as described below. However, please understand that we might not be able to accommodate your requests in some circumstances if doing so is not permitted by applicable laws.

7.1 Right to know

You have the right to be informed of the processing of your Personal Data, as provided for by this Privacy Policy, unless PepsiCo has a lawful basis to deny your request.

7.2 Right to access

You have the right to get access to view, rectify or request the rectification of your Personal Data that PepsiCo holds about you, unless PepsiCo has a lawful basis to deny your request.

7.3 Right to consent and withdraw consent

You may consent or refuse to consent to the processing of your Personal Data, as well as to withdraw your consent at any time, unless PepsiCo has a lawful basis to deny your request.

7.4 Right to object to the processing of your Personal Data

You have the right to object to the processing of your Personal Data, in order to prevent or limit Personal Data disclosure or use for advertising or marketing purposes, unless there are circumstances that do not allow you to make the objection.

7.5 Right to erasure

You have the right to request us to delete your collected Personal Data in the following circumstances where:

a. Your collected Personal Data is no longer necessary for the purpose for which it was collected, and you have accepted any damage that might occur when requesting data deletion;
b. You have withdrawn your consent to which the processing is based on;
c. You have objected to the processing of your collected Personal Data and PepsiCo does not have other lawful grounds to reject such request;
d. The processing of your Personal Data is not in accordance with the consented purposes or the processing of Personal Data is in violation of the laws; and/or
e. Your Personal Data must be deleted in accordance with the laws.

7.6 Right to restrict the processing of your Personal Data

You have the right to request us to restrict the processing of your Personal Data, unless PepsiCo has a lawful basis to deny your request.

7.7 Right to complain, to denounce, or to initiate lawsuit

You will have the right to file a complaint, to denounce or to initiate a lawsuit in accordance with the laws.

7.8 Right to be provided with data

You may request to be provided with your Personal Data by PepsiCo, unless PepsiCo has a lawful basis to deny your request.

7.9 Right to claim damages

You can claim damages when there is a violation against Personal Data protection regulations, unless otherwise provided by a Law of Vietnam or agreed by you and PepsiCo.

7.10 Right to self-defense

You have the right to self-defend or request a competent agency or organization to take measures to protect civil rights under the laws of Vietnam.

8. Your obligations

As a data subject, you will have the following obligations:

• Protect your Personal Data; request relevant organizations and individuals to protect your Personal Data;
• Respect and protect others’ Personal Data;
• Fully and accurately provide your Personal Data when consenting to the processing of your Personal Data;
• Participate in the dissemination of Personal Data protection skills; and/or
• Comply with regulations of the laws on protection of Personal Data and prevent violations against regulations on Personal Data protection.

9. Data retention period

Your Personal Data shall be kept within a period necessary to achieve the Personal Data processing purposes or for the period specified by applicable laws. PepsiCo will promptly delete, irrecoverably destroy, or anonymize your Personal Data so that you can no longer be identified through such data when the Personal Data retention period ends. PepsiCo undertakes that your Personal Data will be retained in a secure location, accessible only to authorised persons, and will be immediately destroyed or irrevocably anonymised once the retention period has elapsed.

10. Data security

PepsiCo uses a range of measures to keep your collected Personal Data safe and secure, which may include encryption and other forms of security. PepsiCo requires our employees and third parties who carry out work on our behalf to comply with the appropriate privacy laws and standards including obligations to prevent any leakage of Personal Data and to apply appropriate security measures for the processing of Personal Data.

Nevertheless, please understand that although we strive our best to securely store your Personal Data, we cannot guarantee that our security measures will prevent third parties such as hackers from illegally obtaining access to your Personal Data. In case of a data breach (if any), PepsiCo will comply with all reporting and remedial measures as established under the applicable data protection laws.

11. Changes to this Privacy Policy

PepsiCo reserves the right to change, amend or update the privacy policy at any time as PepsiCo deems appropriate by updating the “Last Updated” date at the top of this policy and posting the new Privacy Policy or providing any other notice required by applicable law via our website or via VietnamLegal@pepsico.com. If it is required by applicable laws, we will obtain your valid consent to any relevant updates to the updated Privacy Policy.

12. How you can contact us

If you have any comments, suggestions, questions or want to make a complaint or exercise your rights regarding your collected Personal Data, please contact us at +84 28 3936 9918, or by email at VietnamLegal@pepsico.com .

1. Acceptance: This Purchase Order (“PO”) will not bind upon the Purchaser unless the Seller has accepted and confirmed by signing and returning a copy to the Purchaser within 24 hours or other time limit as required by the Purchaser at the front side of the PO. Upon exceeding the time limit referred to in this Article, if the Seller fails to response, the PO shall be deemed to be irrevocably accepted, which bind upon the Seller to perform, unless otherwise agreed by the Purchaser. 

In case both parties have signed a Purchasing Agreement or Service Agreement (“Agreement”), this PO shall be an integral part of the Agreement. If there are any difference and inconsistency between the terms of the PO and the executed Agreement, the terms of the latter shall prevail. 

2. Price and Payment: Prices listed on the front side are the total amount that the Purchaser has to pay for the goods/services provided under this PO and include all taxes, charges, fees and expenses payable by the Purchaser to the Seller. Except otherwise provided in the executed Agreement and at the front side of the PO, the Purchaser will make a one-time payment by bank transfer to the account designated by the Seller the total amount payable by the Purchaser under this PO in Vietnamese dong. The payment shall be made according to the payment schedule of the Purchaser within 60 days from the date the Purchaser receives the goods of quality and quantity meeting the Purchaser’s requirements, a valid invoice and payment documents as required. The Purchaser will pay according to the monthly payment schedule which is fixed on the 20th day, so if the invoice of the Seller is due for the period from the 21st day of the previous month to the 20th day of the current month, it will be paid on the 20th day of the current month, if the payment date falls on a weekend or a holiday, it will be paid on the next working day (“Payment Schedule”). Purchaser reserves the right to change the Payment Schedule at any time by a written notice to the Seller. 
3. Supporting Documents: The Seller must follow the Purchaser’s instructions on the documents that the Seller must send to the Purchaser for each PO. If the Seller fails to comply with such instructions, the Purchaser may refuse to accept the goods or services. 
4. Delivery and Risks: When the Seller notifies the Purchaser that the goods are ready for delivery, except as otherwise agreed with the Purchaser, the Seller shall be responsible for preparing the goods at the port or at the delivery location designated by the Purchaser, declaring the goods, and paying for packing, transportation and loading and unloading costs associated with the delivery. Irrespective of any party who pays for shipping and insurance costs, the title, risks and losses will be transferred to the Purchaser when the Purchaser/the representative of the Purchaser completes the receipt and confirms on the receipt of the goods. 
5. Late Delivery: Delivery time is of the essence in this PO, so the delivery time indicated on the front side (“Deliverable Schedule”) must be strictly observed. In the event that the Seller fails to deliver the goods or provide the services  following the Deliverable Schedule, the Seller shall pay to the Purchaser a penalty equal to 1% of the amount of the PO for each day of late delivery, and the total amount of penalty shall not exceed 8% of the total amount of PO. At any time, if the delivery occurs later than the delivery date, the Purchaser shall have the right to request the cessation of delivery. If the delivery takes more than 03 days, the Purchaser shall have the right to designate a third party to perform the delivery, and within 07 days of receipt of the Purchaser’s notice on indemnity, the Seller must pay all costs, damage or loss, price difference which the Purchaser incurred due to the late delivery the Seller. 
6. Multiple Deliveries: If this PO is delivered in multiple times, each delivery is considered a sub-purchase order. If the goods are delivered in multiple times and the Seller fails to deliver the goods on time or the Seller breaches its obligations in relation to the partial delivery, the Purchaser may refuse the receipt of subsequent deliveries. the Seller shall then be subject to a penalty and compensation such as the case of late delivery specified in Section 5 above. 
7. 7. Guarantee 

a – The Seller shall ensure that all goods/services will meet quality as agreed, including, without limitation to, specifications, quality, size, design or other conditions specified in the PO, and must be consistent with the form produced for the Purchaser. 

b – If the whole or part of the goods/services is not in conformity with the goods/services ’s descriptions, form, quantity or quality, technical specifications or in violation of subparagraph (a) of this Article, the Purchaser shall notify the Seller for immediately repair or replacement in case of non-compliance goods or may reject all or part of such goods at any time with the risks and expenses to be borne by the Seller. If the replacements are not conformable with the expectations, the Purchaser shall have the right to ask the Seller to refund its upfront payment (if any), or waive payment for the goods, and refund to the Purchaser the costs incurred, as well as the loss of profits and losses thereafter. 

8. Representation: 

The Seller ensures that it has legal ownership over the goods; obtain a license or consent of the owner of intellectual properties (if any), including but not limited copyrights, designs, registrations, patents, trademarks or any other industrial property rights for the production, trading or distribution of goods/services; obtain all permits, registrations, approvals (including temporary permits) required by applicable laws, rules and regulations for sale to the Purchaser. 

9. Quality: 

The goods/services must meet relevant standards and requirements for food safety and hygiene, neither contaminants nor banned substances. In addition, production processes, trademarks, and labels that are used for the goods shall not infringe or violate the exclusive rights of third parties, laws, regulations, or laws of other countries including but not limited to the law on intellectual property (copyright, trademarks and patents), the regulations on consumer protection, industrial standards, hazardous substances, trademarks, food, medicines, taxes, import and customs, illegal business or money laundering. 

In case the Purchaser detects any goods/services that are provided by the Seller violate any laws, regardless of legal provisions that have or have not been mentioned in this article, the Seller must unilaterally take the responsibility for its violations, indemnify, ensuring to hold the Purchaser harmless against related damages, compensating, paying for arising costs including any legal costs, fines and other fees. 

10. Packaging: In addition to the technical specifications set forth on the front side of the PO, the Seller shall, at its own costs, ensure that the goods are properly packed and stored in order to reach the final destination in a good condition and ensure that the goods are packed in sturdy packages or cartons that are suitable for transportation, can withstand climate, temperature and humidity changes. The Seller hereby acknowledges that it has fully understood the terms of the Purchaser, and that the packaging of the goods shall be in the same manner as provided in the manual. 
11. Force Majeure: In the event of a force majeure event, the affected party may be delayed in performance of the Agreement and must immediately notify the other party within a reasonable time of the occurrence of force majeure event with full details of the event so that the parties can jointly make the best effort to recover the situation and agree on a solution. 
12. Intellectual Property Rights 

If necessary, and during the term of the PO, the Purchaser may grant the Seller the right to use the trademark of the Purchaser for the sole purpose of performance of the work and obligations set out in this PO. The granting of the right by Purchaser to the Seller for use the Purchaser’s trademark shall not affect the right of use or other rights of the Purchaser over the Purchaser’s trademark. 

The Seller undertakes to use only the trademark of the Purchaser in accordance with the above provisions and not use for any other purpose. In the event the Seller breaches this undertaking, the Purchaser is entitled to (i) immediately terminating this PO and the Seller shall immediately cease the use of the Purchaser’s trademark; and (ii) require the Seller to indemnify the Purchaser for all damages caused by the Seller’s breach. 

13. Compensation: The Seller shall hold harmless, indemnify the Purchaser against claims, losses, liabilities and expenses (including reasonable costs for lawyers) arising from the violations to the guarantees or from any omissions, failure to fulfill the responsibility of the Seller, its representative, employees or sub-contractors relating to the implementation of this PO. 
14. 14. Termination: At any time, after notifying the Seller, the Purchaser may also cancel the whole or part of the PO before delivery is made. In such case, the Purchaser will only pay to the Seller the amount corresponding to the volume of work performed against the PO or corresponding to the goods delivered up to the day when the Seller is notified by the Purchaser of the termination. The Purchaser will pay the Seller neither any amount corresponding to the job that is done after the Seller has received the notice of termination from the Purchaser nor any cost that can be avoided reasonably. Upon receipt of the notice of the Purchaser, the Seller will immediately cease to fulfill the PO and require all of its suppliers and subcontractors to do the same. 
15. Independent Relation: The relation between the Purchaser and the Seller hereunder does not constitute an industrial relation, relationship of agents, representatives or business partners. 
16. Non-Waiver: If the Purchaser fails to perform or delay in exercising its rights hereunder, or delay a complaint about the actions, non-performance, omissions of the Seller, delay in the request for conformity with the terms and conditions hereunder, at any time, shall not be understood as the Purchaser waives its rights specified herein, or the Purchaser will continue to tolerate the violation of the terms and conditions of the PO. 
17. Information Security Requirements: Seller undertakes to keep confidential and shall not disclose to any third parties the information related to the PO, Purchaser, any information that the Seller can obtain within the term of this PO. In addition, the Seller undertakes:

1. Notification of security breaches – Seller will inform Purchaser in a timely manner regarding any breaches that may impact Purchaser or the integrity of Purchaser’s data.
2. Right to perform assessment – By request or upon significant changes to the relationship, Seller will accommodate Purchaser’s information security assessments by providing information/documentation on related policies and practices.
3. Adherence to security practices – Seller and its sub-contractors will adhere to industry acceptable practices regarding security policies/ guidelines/ standards (including physical security, onboarding and off-boarding resources, etc.).
4. Timely response to vulnerabilities – Seller will remediate, within industry best practice timelines, security vulnerabilities that may impact Purchaser.
5. Communication of significant changes – Seller will inform Purchaser in a timely manner of major changes in its data environment that may impact Purchaser.
6. Access to Personal Information (PI) – Seller will notify Purchaser of any access it will have to Personal Information (PI). “Personal Information” means Purchaser data that relates to or can be attributed to an identified or identifiable natural person and/or information concerning an identified or identifiable natural person that is protected by applicable laws.

18. Governing Law: This PO shall be governed and construed in accordance with the laws of Vietnam. In case the PO is sent in both English and Vietnamese versions, the Vietnamese version shall prevail. 
19. Anti-Corruption:
20. This clause shall bind upon Seller to always comply with the PepsiCo Inc.’s Global Anti-bribery Policy. (“Anti-Corruption Policy“), which may be amended by PepsiCo Inc. to the U.S. Anti-Corruption Act and any other applicable anti-bribery laws; and
21. The Seller shall bear all responsibilities, warrant and undertake that, to the best of its knowledge, in the past and in the future, will not offer corruption-related anything, pay, promise to give gifts or money or anything else of value to any officer of a competent authority, political party or political candidate (“Government Officials“) for the purpose of affecting any their actions or decisions, as well as their conduct which are in breach of the law or securing any improper advantage by any means, or any permission or approval of State agencies related to Purchaser, or the acquisition or maintenance of business activities of Purchaser.
22. Compliance with Laws and the PepsiCo Global Supplier Code of Conduct: The Seller undertakes to comply unconditionally with the terms set forth in the “PepsiCo Global Supplier Code of Conduct for Suppliers” which is attached herein in any transaction with the Purchaser. The Purchaser has the right to immediately cancel the whole or part of the PO if the Seller violates the provisions of Article 17 (Information Security Requirements), Article 19 (Anti-Corruption) and Article 20 (Compliance with Laws and the PepsiCo Global Supplier Code of Conduct).

GLOBAL SUPPLIER CODE OF CONDUCT 

Purpose and Scope 

At PepsiCo, we believe acting ethically and responsibly is not only the right thing to do, but also the right thing to do for our business. Our Global Supplier Code of Conduct (“Supplier Code”) sets out our expectations for suppliers in the areas of business integrity and anticorruption, labor practices, health and safety, and environmental management. All suppliers, vendors, contractors, consultants, agents and other providers of goods and services who do business with or on behalf of PepsiCo (“suppliers”) are expected to follow the Supplier Code and all other relevant policies as a condition of doing business with PepsiCo and its affiliates. Suppliers are also expected to communicate and apply the Supplier Code and relevant policies throughout their supply chain. 

Business Conduct Principles PepsiCo expects its suppliers to conduct business responsibly, with integrity, honesty, and transparency, and to adhere to the following principles: 

1. Maintain awareness and comply with all applicable laws and regulations of the countries of their operation. 
2. Maintain the confidentiality of all PepsiCo’s and its partners’ information. 

Suppliers must take all reasonable and necessary precautions to safeguard PepsiCo’s and its partners’ information to which it has access, including not disclosing to anyone, inside or outside of PepsiCo, unless disclosure is properly authorized, in connection with a clearly defined legitimate business need (i.e., shared only on a need-to-know basis), and subject to a written confidentiality agreement. 

3. Compete fairly for PepsiCo’s business and conduct all such business on behalf of PepsiCo in a lawful manner. 

PepsiCo is committed to conducting business legally and ethically within the framework of a free enterprise system and strictly prohibits corrupt arrangements with customers, suppliers, government officials, or other third parties. As such, PepsiCo prohibits its suppliers from engaging in any form of public sector or commercial bribery. Under no circumstances may a supplier acting on behalf of PepsiCo promise or provide anything of value directly or indirectly to a government official, or to any person or entity in the private or commercial sector, if the payment is intended to induce the recipient to misuse his or her position to obtain or retain an unfair business advantage or personal benefit. Consistent with these principles, suppliers acting on behalf of PepsiCo must comply with the U.S. Foreign Corrupt Practices Act, any applicable local anticorruption laws, and are expected to comply with PepsiCo’s Global Anti-Bribery Compliance Policy (“ABAC Policy”). 

4. Encourage a diverse workforce and provide a workplace free from discrimination, harassment or any other form of abuse. 

PepsiCo suppliers shall create a work environment in which employees and business partners feel valued and respected for their contributions. Harassment, including unwelcome verbal, visual, physical, or other conduct of any kind that creates an intimidating, offensive or hostile work environment will not be tolerated. Employment decisions must be based on qualifications, skills, performance, and experience. 

5. Treat employees fairly, including with respect to wages, working hours and benefits. 

PepsiCo suppliers shall comply with all applicable wage, working hours, and benefits laws and regulatory requirements. Suppliers should also strive to meet international standards for working hours and rest periods, including: (i) work weeks of no more than 48 regularly scheduled work hours and 12 voluntary overtime hours, (ii) overtime hours compensated at a premium rate, (iii) workers provided one day of rest every 7 days, except in emergencies or unusual situations, and (iv) no working more than 21 consecutive days without a rest day. Where a supplier’s practices do not meet such international standards, the supplier should identify the root causes and work to improve its practices. 

6. Prohibit all forms of forced or compulsory labor. 

PepsiCo suppliers shall maintain and promote fundamental human rights including freedom of movement of workers. Employment decisions must be based on free choice and there can be no coerced or prison labor, and no use of physical punishment or threats of violence or other forms of physical, sexual, psychological or verbal abuse as a method of discipline or control. Employment contracts must clearly state the terms of employment and must not restrict worker movement through the retention of identity papers, holding of deposits, or other actions aimed to prevent worker termination of their employment. In addition, workers must not be required to pay recruitment or other similar fees to obtain or retain their employment and suppliers shall ensure that any third-party recruitment agencies comply with these principles. 

7. Prohibit use of child labor. 

Suppliers shall adhere to the minimum employment age limit defined by national law or regulation and comply with relevant International Labor Organization (ILO) standards. In addition, PepsiCo prohibits the hiring of individuals under the age of (15), the local legal minimum working age, or the compulsory schooling age, whichever is higher. In no instance shall a supplier permit children to perform work that exposes them to undue physical risks that can harm their physical, mental, or emotional development or improperly interfere with their education or vocational needs. 

8. Respect employees’ rights to freedom of association and collective bargaining. 

Consistent with applicable law, PepsiCo suppliers shall respect employees’ rights to join associations and worker organizations. 

9. Provide safe and healthy working conditions. 

PepsiCo suppliers shall proactively manage health and safety risks to provide an incident-free environment where occupational injuries and illnesses are prevented. Suppliers must implement management systems and controls that identify hazards and assess and control risk related to their specific industry. In addition, suppliers shall provide access to safe drinking water, sanitation and hygiene, including adequate restrooms and handwashing facilities; fire exits and essential fire safety equipment; emergency aid kits; and access to emergency response services including environmental, fire and medical. 

10. Carry out operations with care for the environment and comply with all applicable environmental laws and regulations. 

The potential environmental impacts of daily business decision-making processes should be considered along with opportunities for conservation of natural resources, source reduction, material recycling, and pollution control to ensure cleaner air and water and reduction of landfill wastes. PepsiCo encourages its suppliers to identify, set targets and implement action plans for reducing environmental impacts in the areas of water, wastewater, energy, greenhouse gas emissions, waste and packaging. 

11. Maintain accurate financial books and business records in accordance with all applicable legal and regulatory requirements and accepted accounting practices, including with respect to all invoices submitted to PepsiCo for payment or reimbursement. 
12. Deliver products and services meeting applicable quality and food safety standards. 

PepsiCo is committed to producing high quality and safe products across all of our brands. Suppliers involved in any aspect of developing, handling, manufacturing, packaging, transporting, or storing our products are expected to: 

• Know and comply with the product quality standards, policies, specifications, and procedures that apply to the products produced at your location 
• Follow and adhere to good manufacturing practices and testing protocols 
• Comply with all applicable federal, state, and local food safety laws and regulations 
• Report issues immediately to PepsiCo that could negatively affect the quality or public perception of a PepsiCo product 

13. Support compliance with the Supplier Code by establishing appropriate management processes and cooperating with reasonable assessment processes requested by PepsiCo. 

To conduct business with PepsiCo, suppliers must enter into contracts and execute purchase orders that mandate compliance with the Supplier Code. With prior notice, PepsiCo may conduct reasonable audits to verify Supplier’s compliance with the Supplier Code. In addition, as further outlined in the ABAC Policy, certain suppliers are required to complete our Third Party Due Diligence process from time to time. 

14. Observe PepsiCo’s policies regarding gifts and entertainment and conflicts of interest when dealing with PepsiCo employees. 

PepsiCo suppliers, or anyone acting on PepsiCo’s behalf, are prohibited from providing or offering gifts to PepsiCo employees that could inappropriately influence PepsiCo’s business decisions or gain an unfair advantage. 

15. Ensure that all land acquisitions (including leasing and utilization) meet International Finance Corporation (IFC) Performance Standards, including Free, Prior and Informed Consent. 
16. Report suspected violations of the Code. 

PepsiCo expects that suppliers have an effective Grievance Management system in place for grievances raised by workers within their operations or by third parties, which elevate potential violations to management in line with the UN Guiding Principles. Supplier’s employees or contractors may also report suspected violations of this Code to the PepsiCo “Speak Up” hotline at 1-866-729-4888 in the United States, 1-201-0288 and 800-472-6145 in Vietnam or to dedicated phone lines in other countries throughout the world. A list of international hotline telephone numbers is attached to this Supplier Code and may be updated from time to time as reflected at http://www.pepsico.com/Company/Speak-Up.html. 

The “Speak Up” hotline is available worldwide on a 24/7 basis. Communications may also be made electronically at “Speak Up” web-line address http://www.pepsico.com/Company/Speak-Up.html. All such reports are treated as confidential, whether provided through our Speak Up telephone or web-line, and you may remain anonymous where permitted by law.

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