Decree 55/2024/ND-CP detailing a number of articles of the Law on Protection of Consumer Rights

DECREE

Detailing a number of articles of the Law on Protection of Consumer Rights^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 20, 2023 Law on Protection of Consumer Rights;

At the proposal of the Minister of Industry and Trade;

The Government promulgates the Decree detailing a number of articles of the Law on Protection of Consumer Rights.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details Clause 9, Article 3; Clause 2, Article 9; Clause 2, Article 13; Clause 5, Article 23; Clause 5, Article 28; Clause 3, Article 32; Clause 5, Article 33; Clause 4, Article 37; Clause 5, Article 39; Clause 3, Article 40; Clause 3, Article 45; Clause 3, Article 47; and Clause 2, Article 73, of the Law on Protection of Consumer Rights.

Article 2. Interpretation of terms

In this Decree, the terms below shall be construed as follows:

1. Influencer means an expert, a prestigious person or a person capable of drawing social attention in specific fields, industries and occupations who receives donations in any form from a business organization or individual and permits the latter to use his/her image, advice and recommendations for boosting trade promotion or encouraging consumers to buy and use products, goods or services; influencers may fall into one of the following cases:

a/ Persons with high professional qualifications, knowledge and experience in specific fields, industries and occupations who are recognized by competent agencies and organizations;

b/ Typical persons with many merits, contributions and prestige in society or specific fields, industries and occupations who are recognized by competent agencies and organizations;

c/ Persons capable of drawing social attention, having a significant number of followers on the media or having accounts qualified for participation in advertising and business programs on digital platforms.

2. Large digital platform specified in Clause 4, Article 39 of the Law on Protection of Consumer Rights means a digital platform serving e-transactions that is established and operated to serve business activities in the cyberspace and meets one of the following criteria:

a/ Having at least 3,000,000 user accounts operating annually in Vietnam in accordance with the law on e-transactions. Business organizations and individuals shall themselves determine the number of user accounts operating on the digital platforms they establish and operate;

b/ Being a large or very large intermediary digital platform serving e-transactions as prescribed by the law on e-transactions.

Chapter II

ORGANIZATION OF ACTIVITIES IN RESPONSE TO THE VIETNAMESE CONSUMER RIGHTS DAY

Article 3. Organization of activities in response to the Vietnamese Consumer Rights Day

1. The Vietnamese Consumer Rights Day is held annually to:

a/ Affirm the role, position and importance of the work of protection of consumer rights to stable and sustainable development of society and the country;

b/ Carry out public communication about, and educate and disseminate, laws and policies on protection of consumer rights;

c/ Create a basis to mobilize and concentrate resources, attention, response and participation of the entire society in the work of protection of consumer rights;

d/ Contribute to building a healthy consumption environment for consumers and business organizations and individuals; maintain stability and create motivation for development and innovation for the national economy;

dd/ Enhance responsibility of, and encourage cooperation and coordination between, state management agencies and social organizations engaged in protection of the rights of consumers and business organizations and individuals in implementing activities to protect consumer rights.

2. Response activities

a/ Public communication, dissemination and training on the law on protection of consumer rights and consumption skills to mobilize and concentrate the attention, response and participation of the entire society for the work of protection of consumer rights;

b/ Public activities attracting the participation of a large number of consumers and related agencies, organizations and individuals;

c/ Activities within the framework of the Prime Minister-issued national plans, projects, schemes, programs and activities on protection of consumer rights;

d/ Other activities in response to the Vietnamese Consumer Rights Day.

3. Plan on organization of response activities

a/ The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with related ministries and sectors, provincial-level People’s Committees, and related agencies, organizations and individuals in, selecting themes for launching, and formulating specific plans on organization of, response activities; guide, direct and organize the implementation of the Vietnam Consumer Rights Day every year, ensuring practicality, efficiency and thrift;

b/ Plans on organization of activities in response to the Vietnamese Consumer Rights Day shall be implemented regularly and continuously all year round, focusing on December and the first quarter with its peak lasting from the 1^st to the 20^th of March every year.

Chapter III

PROTECTION OF CONSUMER RIGHTS IN TRANSACTIONS WITH INDIVIDUALS CONDUCTING INDEPENDENT AND REGULAR COMMERCIAL ACTIVITIES WITHOUT HAVING TO MAKE BUSINESS REGISTRATION

Article 4. Responsibilities of individuals conducting independent and regular commercial activities without having to make business registration in marketplaces and department stores

Individuals conducting independent and regular commercial activities without having to make business registration in marketplaces and department stores must, in addition to the responsibilities specified in Clause 1, Article 9 of the Law on Protection of Consumer Rights, fulfill the responsibilities regarding protection of consumer rights provided in the internal regulations issued by marketplace- and department store-managing organizations in accordance with law.

Article 5. Responsibilities of marketplace- and department store-managing organizations

1. To issue internal regulations in accordance with law, covering fundamental contents on protection of consumer rights, such as: rights and responsibilities of consumers and sellers; the persons in charge of receiving and resolving consumers’ requests and feedback; and measures for handling violations.

2. To mediate disputes between consumers and sellers arising in the marketplaces and department stores when requested.

3. To install and maintain control scales and measuring equipment at marketplaces and department stores so that consumers can self-check the quantity and volume of goods. Control scales and measuring equipment must be inspected and their inspection stamps must remain valid as prescribed by the law on measurement.

4. To regularly monitor the quality and quantity of goods, control scales and measuring equipment in the marketplaces and department stores.

5. To establish and publicize hotline numbers for receiving and resolving consumers’ requests in conformity with the grade of the marketplaces and department stores as classified in accordance with law.

6. Once every 6 months, to notify and coordinate with functional agencies in charge of trade, market surveillance, food safety, and standards, measurement and quality in controlling the quality, quantity and origin of, and food safety for, goods and services in the marketplaces and department stores under their management.

7. To report to competent agencies if detecting violations of the law on protection of consumer rights and other relevant laws.

8. To handle violations according to issued internal regulations in accordance with law.

Chapter IV

CONTRACTS WITH CONSUMERS, MODEL CONTRACTS AND GENERAL TRANSACTION CONDITIONS

Article 6. General requirements for contracts with consumers, model contracts and general transaction conditions

Contracts with consumers, model contracts and general transaction conditions must fully meet the following requirements:

1. The language is Vietnamese and another language ​as agreed upon between the involved parties according to Clause 2, Article 23 of the Law on Protection of Consumer Rights.

2. In case of signing paper contracts, the minimum font size is 12 in Times New Roman or equivalent size.

3. The font color and text background color must contrast to each other.

4. The text layout and design must be clear and easy to follow.

5. The contents must be clear, easy to understand and comply with regulations on protection of consumer rights.

Article 7. Responsibility to register model contracts and general transaction conditions

1. Before using model contracts or general transaction conditions for products, goods and services on the Prime Minister-issued or -modified List of products, goods and services subject to registration for conclusion with consumers, business organizations and individuals must register such model contracts or general transaction conditions with state management agencies in charge of protection of consumer rights according to this Decree.

2. Model contracts and general transaction conditions may only be used for conclusion with or application to consumers when the registration is completed as specified in Clause 1, Article 12 of this Decree. In case consumers make payment before concluding model contracts or general transaction conditions or make a deposit or an escrow or take other measures for securing the performance of obligations related to the conclusion of model contracts or general transaction conditions, business organizations and individuals must complete the registration and make public the model contracts or general transaction conditions so that consumers know about the contents of these documents as specified in Clause 2, Article 12 of this Decree before making payment or taking the above-mentioned measures.

3. Before January 31 every year, business organizations and individuals that apply model contracts or general transaction conditions for products, goods or services on the Prime Minister-issued or -modified List of products, goods and services subject to registration shall make reports on registration and application of model contracts or general transaction conditions according to Form No. 01 provided in the Appendix to this Decree and send such reports to agencies competent to receive registration of model contracts and general transaction conditions (below referred to as agencies competent to receive registration).

Article 8. Dossiers and forms of registration of model contracts and general transaction conditions

1. A dossier for registration of model contract or general transaction conditions must comprise:

a/ A written registration of model contract or general transaction conditions, made according to Form No. 02 provided in the Appendix to this Decree;

b/ The draft model contract or general transaction conditions in Vietnamese.

2. Registration dossiers may be hand-delivered, sent by post or submitted online in the electronic environment in the quantity of 1 set to state management agencies in charge of protection of consumer rights specified in Article 14 of this Decree.

Article 9. Receipt of dossiers

1. When a business organization or individual submits a dossier, it/he/she shall be given a dossier receipt clearly stating the time of receipt and date of notification of dossier-processing results.

2. Within 5 working days after receiving a dossier, the agency competent to receive registration shall check the completeness and validity of the dossier. In case the dossier is incomplete or invalid, the agency competent to receive registration shall issue a notice, made according to Form No. 03 provided in the Appendix to this Decree, requesting the business organization or individual to modify or supplement the dossier. In case the dossier is complete and valid, the competent agency shall appraise the dossier according to Article 10 of this Decree.

Article 10. Appraisal of registration dossiers

1. Within 30 days after receiving a valid dossier of registration as specified in Article 9 of this Decree, the agency competent to receive registration shall appraise it; the appraisal time limit may be extended for at most 30 days in complicated cases. In case of extension, the agency competent to receive registration shall promptly notify the business organization or individual of the time of and reason for the extension.

2. During the process of appraising a registration dossier, the agency competent to receive registration may request the business organization or individual to explain about necessary issues related to the registration content.

Article 11. Scope of appraisal of model contracts and general transaction conditions

The competent agencies specified in Article 14 of this Decree shall appraise model contracts and general transaction conditions with regard to the following contents:

1. The contents specified in Clauses 1, 2 and 3, Article 23 of the Law on Protection of Consumer Rights.

2. Terms that may not be provided in model contracts and general transaction conditions as specified in Article 25 of the Law on Protection of Consumer Rights.

3. The contents specified in Clause 2, Article 38 of the Law on Protection of Consumer Rights, for model contracts in distance transactions.

4. The contents specified in Clause 2, Article 42 of the Law on Protection of Consumer Rights, for model contracts on continuous service provision.

5. The contents specified in Article 6 of this Decree.

Article 12. Completion of registration

1. In case the dossier of a business organization or individual fully complies with the provisions of Article 11 of this Decree, the agency competent to receive registration shall issue a notice of completion of registration of model contracts and general transaction conditions, made according to Form No. 04 provided in the Appendix to this Decree. In case the dossier of a business organization or individual does not fully comply with the provisions of Article 11 of this Decree, the agency competent to receive registration shall issue a notice of the dossier appraisal results and clearly state the reason why the registration is regarded as not completed; such notice shall be made according to Form No. 05 provided in the Appendix to this Decree.

2. After completing the registration procedures, information about business organizations and individuals and the model contracts and general transaction conditions for which the registration has been completed will be posted and stored on the portal of the agency competent to receive registration. Business organizations and individuals shall make a public announcement of the completion of the registration of model contracts and general transaction conditions in the forms of displaying such model contracts and general transactions conditions at an easy-to-notice position in their head offices and business locations and posting such announcement on their portals or application software (if any) throughout period of application of the model contracts and general transaction conditions.

Article 13. Re-registration of model contracts and general transaction conditions

1. Business organizations and individuals must re-register model contracts and general transaction conditions in the following cases:

a/ Law amendments lead to changes in the contents of the model contracts and general transaction conditions;

b/ Business organizations and individuals alter the model contracts and general transaction conditions;

c/ The whole or part of the model contracts or general transaction conditions are canceled or modified according to Clause 1, Article 15 of this Decree.

2. Business organizations and individuals shall carry out procedures for re-registration of model contracts and general transaction conditions and make public announcements after completing the re-registration procedures as in the case of first-time registration according to this Decree.

Article 14. Competence to control model contracts and general transaction conditions

1. The state management agency in charge of protection of consumer rights under the Ministry of Industry and Trade has the competence to control model contracts and general transaction conditions applied in 2 or more provinces and centrally run cities.

2. State management agencies in charge of protection of consumer rights under provincial-level People’s Committees have the competence to control model contracts and general transaction conditions applied in their localities.

3. The control of model contracts and general transaction conditions covers control of model contracts and general transaction conditions for products, goods and services on the Prime Minister-issued and -modified List of products, goods and services subject to registration and control of model contracts and general transaction conditions for products, goods and services not subject to registration.

Article 15. Cancellation and modification of model contracts and general transaction conditions at the request of state management agencies in charge of protection of consumer rights

1. The state management agencies in charge of protection of consumer rights specified in Article 14 of this Decree may, at their own will or at the proposal of consumers or social organizations engaged in protection of consumer rights, request business organizations and individuals to cancel or modify the whole or part of model contracts or general transaction conditions at any time when detecting that the model contracts or general transaction conditions violate the law on protection of consumer rights.

2. Business organizations and individuals shall coordinate with state management agencies in charge of protection of consumer rights in reporting, providing information, and explaining and clarifying the contents of model contracts and general transaction conditions when requested by state management agencies in charge of protection of consumer rights.

3. Business organizations and individuals shall modify and cancel violating contents within 30 days after receiving a request from a state management agency in charge of protection of consumer rights. In complicated cases, such time limit may be extended for at most 90 days under the decision of the state management agency in charge of protection of consumer rights.

Within 5 working days after completing the modification or cancellation of the above violating contents, business organizations and individuals must publicize the model contracts or general transaction conditions after having the violating contents modified or canceled in the forms of displaying such model contracts or general transaction conditions at an easy-to-notice position in their head offices or business locations and posting such on portals and application software (if any), and notify such to consumers who have concluded contracts in order to apply new general transaction conditions and re-conclude contracts according to new model contracts if consumers so request.

Article 16. Coordination in controlling model contracts and general transaction conditions

1. The Ministry of Industry and Trade and provincial-level People’s Committees shall coordinate with each other in performing the state management of control of model contracts and general transaction conditions in accordance with the law on protection of consumer rights. Before December 25 every year, state management agencies in charge of protection of consumer rights under provincial-level People’s Committees shall send a report on control of model contracts and general transaction conditions in their provinces or centrally run cities for the period from December 15 of the previous year to December 14 of the reporting period to the state management agency in charge of protection of consumer rights under the Ministry of Industry and Trade; such report shall be made according to Form No. 06 provided in the Appendix to this Decree.

2. When necessary, state management agencies in charge of protection of consumer rights shall send a consultation request, made according to Form No. 07 provided in the Appendix to this Decree, to line agencies and localities to seek the latter’s opinions on model contracts and general transaction conditions. Line agencies and localities shall, within the ambit of their tasks and powers, coordinate with state management agencies in charge of protection of consumer rights in controlling model contracts and general transaction conditions in accordance with the law on protection of consumer rights and give a reply to the consultation request of the state management agencies in charge of protection of consumer rights within 5 working days after receiving the consultation request.

3. When receiving unexpected requests for protection of consumer rights, the state management agency in charge of protection of consumer rights under the Ministry of Industry and Trade may request line agencies and localities to provide a list of business organizations and individuals that apply model contracts and general transaction conditions in transactions with consumers. Line agencies and localities shall provide information on time as requested by the state management agency in charge of protection of consumer rights under the Ministry of Industry and Trade.

4. Forms of reports, and modes of sending and receiving the reports specified in this Article must comply with the regulations on the reporting regime applicable to state administrative agencies.

Chapter V

RESPONSIBILITIES TOWARD DEFECTIVE PRODUCTS AND GOODS

Article 17. Necessary measures for discontinuing the supply of defective products and goods

1. Unless otherwise prescribed by law, within 24 hours from the time of detecting defective products or goods or receiving a request from a competent state management agency, the concerned business organizations or individuals must immediately take necessary measures to discontinue the supply of defective products and goods in the market.

2. Business organizations and individuals shall be held responsible before consumers and law for delay in discontinuing the supply of defective products and goods in the market.

Article 18. Responsibility for publicizing information on, and make public announcement of, the recall of defective products and goods

1. For group-A defective products and goods specified at Point a, Clause 1, or Point c, Clause 1, Article 33 of the Law on Protection of Consumer Rights, within 3 working days after detecting the defective products or goods or receiving a recall request from a competent state management agency, business organizations and individuals shall publicize information on, and make public announcement of, the defective products and goods and the recall thereof according to Points b and c, Clause 2, Article 33 of the Law on Protection of Consumer Rights.

2. For group-B defective products and goods specified at Point b, Clause 1, Article 33 of the Law on Protection of Consumer Rights, within 5 working days after detecting the defective products or goods or receiving a recall request from a competent state management agency, business organizations and individuals shall publicize information on the defective products and goods and the recall thereof according to Point b, Clause 2, Article 33 of the Law on Protection of Consumer Rights.

3. In case there are other legal provisions on the time limit for publicizing information on, and making public announcement of, defective products and goods and the recall thereof as specified in Clause 1 or 2 of this Article, the time limit for business organizations and individuals to publicize information on, and make public announcement of, the defective products and goods and the recall thereof must comply with such other legal provisions.

Article 19. Reporting to competent state agencies on recall of defective products and goods

1. Before recalling defective products and goods, business organizations and individuals shall send a report thereon to state management agencies in charge of protection of consumer rights and related state management agencies; such report shall be made according to Form No. 08 provided in the Appendix to this Decree.

2. Unless otherwise prescribed by law, within 5 working days from the time of completion of the recall of defective products or goods or from the date of receiving the request for report from state management agencies in charge of protection of consumer rights and related state management agencies, business organizations and individuals shall send a report on the results of the recall to these agencies; such report shall be made according to Form No. 09 provided in the Appendix to this Decree.

3. In case the recall of defective products and goods is conducted in only 1 province or centrally run city, business organizations and individuals shall send a report on the recall to the state management agency in charge of protection of consumer rights under the provincial-level People’s Committee and the provincial-level specialized agency of the locality where the recall is conducted.

In case the recall of defective products and goods is conducted in 2 or more provinces or centrally run cities, business organizations and individuals shall send a report on the recall to the state management agency in charge of protection of consumer rights under the Ministry of Industry and Trade and related central-level state management agencies for inspection and monitoring; and, at the same time, report to the state management agencies in charge of protection of consumer rights and provincial-level specialized agencies of the localities where the recall is conducted for coordinated inspection and monitoring of the recall in these localities.

Article 20. Sources of information and data to specifically identify groups of defective products and goods

1. The specific identification of groups of defective products and goods specified in this Decree shall be made under Clause 4, Article 3 and Clause 1, Article 33 of the Law on Protection of Consumer Rights.

2. The specific identification of groups of defective products and goods shall be based on one or several of the following grounds or sources of information and data:

a/ Announcements and warnings of authorities of countries or territories;

b/ Announcements and warnings of international organizations of which Vietnam is a member;

c/ Court judgments and rulings;

d/ Information and warnings of specialized state management agencies;

dd/ Valid decisions on recall of defective products and goods, issued by competent agencies;

e/ Identification of groups of defective products and goods by business organizations or individuals;

g/ Other sources of information and data of which the authenticity or scientific grounds can be proven by state management agencies in charge of protection of consumer rights and related state management agencies.

3. Business organizations and individuals shall specifically identify by themselves groups of defective products and goods so as to implement recall programs according to regulations and take full responsibility for the specific identification under Clauses 1 and 2 of this Article.

4. In case there are grounds to believe that the specific identification of a group of defective products and goods by a business organization or individual is inappropriate, the concerned state management agency in charge of protection of consumer rights and related state management agencies shall request the business organization or individual to make appropriate adjustments so as to recall defective products or goods in conformity with their re-identified groups and in accordance with law.

Article 21. State management agencies in charge of inspection and monitoring of recall of defective products and goods

1. State management agencies in charge of protection of consumer rights and related state management agencies shall receive reports of business organizations and individuals and inspect and monitor the recall of defective products or goods under Articles 32 and 33 of the Law on Protection of Consumer Rights.

2. Provincial-level state management agencies in charge of protection of consumer rights and specialized agencies of localities where the recall of defective products and goods is carried out shall inspect and monitor the recall so as to ensure that the recall of products and goods is carried out in accordance with the contents of the reports and notices of business organizations or individuals and guarantee lawful rights and interests of consumers and compliance with law.

3. In case the recall of defective products and goods is carried out in 2 or more provinces or centrally run cities, the central-level state management agency in charge of protection of consumer rights and related central-level state management agencies shall inspect and monitor the recall; concurrently, direct and coordinate with provincial-level state management agencies in charge of protection of consumer rights and specialized agencies of the localities where the recall of defective products and goods is carried out so as to jointly inspect and monitor the recall of products and goods in these localities.

4. In case of necessity, state management agencies in charge of protection of consumer rights and related state management agencies may request business organizations and individuals to adjust and add necessary measures to their programs on recall of defective products and goods to protect consumer rights in accordance with law.

Chapter VI

RESPONSIBILITIES OF BUSINESS ORGANIZATIONS AND INDIVIDUALS TOWARD CONSUMERS IN SPECIAL TRANSACTIONS

Article 22. Responsibilities of business organizations and individuals in distance transactions

1. Information on the process for exchange or return of a product, good or service must contain:

a/ Specific time limit for exchange or return of the product, goods or service;

b/ Steps in the process of exchange or return and the time limit for implementation of each step in the process;

c/ Contact information of the division in charge of settlement of customers’ feedback and complaints about the implementation of the process of exchange or return, if any.

2. Information on the process of receiving and settling consumers’ feedback, requests and complaints must contain:

a/ Methods of receiving consumers’ feedback, requests and complaints;

b/ Steps in the process and time limit for implementation of each step;

c/ Priority cases;

d/ Instructions on information and documents (if any) that need to be provided serving the receipt and settlement of consumers’ feedback, requests and complaints.

Article 23. Responsibilities of organizations establishing and operating large digital platforms

1. To publicize criteria for determining priorities in displaying products, goods, and services, for digital platforms with search function. When the displayed contents comprise paid or sponsored contents, such information must be publicized in the search results for products, goods and services.

The formulation and publicization of criteria for determining priorities in displaying products, goods and services when using the search function must comply with relevant laws.

2. To maintain an online reporting account and provide the following information and data, which must be updated to the time of reporting, to serve the inspection and examination by competent state management agencies in accordance with law:

a/ The establishment of an algorithm-based advertisement storage, targeting specific consumers and consumer groups, including information on the storage address; storage scale; and contents of advertisements;

b/ Content censorship, use of algorithmic systems and advertisements to target specific consumers and consumer groups;

c/ The use of algorithmic systems and advertisements to target vulnerable consumer groups prescribed in Clause 1, Article 8 of the Law on Protection of Consumer Rights;

d/ The observance of regulations on handling of unverified accounts, the use of artificial intelligence, and semi-automated and fully automated solutions in the reporting period;

dd/ Public announcement of amendments and supplements to the regulations of the intermediary digital platforms during the reporting period; clear definement of responsibilities of parties engaged in the management and operation of transactions conducted on their intermediary digital platforms;

e/ The provision of information on business organizations or individuals operating on their intermediary digital platforms when requested by consumers who conduct transactions with such organizations or individuals;

g/ The removal of feedback and reviews about business organizations and individuals trading in products or goods or providing services in case such feedback and reviews are against the law and social ethics;

h/ The receipt and settlement of consumers’ feedback, requests and complaints related to products, goods and services, and relevant information on their intermediary digital platforms;

i/ The priority in displaying evaluations, reports and recommendations of social organizations participating in protection of consumer rights or credit rating organizations in accordance with law;

k/ The transparentization of advertising activities in the cyberspace, if any, in accordance with law;

l/ The censorship of contents and information that has been carried out at the request of competent state agencies;

m/ The verification of identity of organizations and individuals selling products and goods or providing services on their intermediary digital platform;

n/ The grant of permission for foreign business organizations and individuals to sell products or goods or provide services to consumers in Vietnam’s territory and management of such organizations and individuals;

o/ Measures that have been taken to handle violations of parties to transactions performed on their platforms under the platforms’ operation regulations; tackle existing problems based on consumers’ complaints; and implement competent state agencies’ conclusions on handling of violations.

3. Organizations establishing and operating large digital platforms shall send the information and data specified in Clause 2 of this Article online to the portal of the state management agency in charge of protection of consumer rights under the Ministry of Industry and Trade within 5 working days after receiving a request for reporting and take full responsibility for the accuracy and integrity of the information and data they provide and comply with the provisions on information and data of the law on protection of consumer rights.

Article 24. Publicization and removal of consumer warning information in transactions in cyberspace

1. The list of organizations and individuals doing business in cyberspace that violate the law on protection of consumer rights shall be publicized in the mass media and posted at the head offices or published on portals of ministries, ministerial-level agencies and provincial-level People’s Committees.

2. The publicized contents include:

Names and addresses of organizations and individuals doing business in cyberspace that violate the law on protection of consumer rights;

Violations and locations where violations are committed;

Agencies issuing decisions on handling of violations of the law on protection of consumer rights; number and date of such decisions.

3. The period of publicization of information on violating organizations and individuals is 30 days from the date of publicization. When the publicization period expires, the agencies posting such information will cease the publicization or remove information on organizations and individuals doing business in cyberspace that violate the law on protection of consumer rights.

Article 25. Responsibilities of multi-level marketing organizations and individuals

1. Multi-level marketing organizations have the following responsibilities:

a/ To comply with regulations on conclusion of contracts on participation in multi-level marketing systems in writing and deliver contracts to individual sellers according to the systems’ operation rules;

b/ To comply with regulations on basic training for individual sellers as prescribed in the systems’ operation rules within 30 days after the conclusion of contracts on participation in multi-level marketing system;

c/ To maintain a ratio of turnover from sale of goods to consumers other than individual sellers as prescribed in the systems’ operation rules, compensation plans and law.

The turnover specified at this Point means the turnover generated from sales by individual sellers to consumers or by multi-level marketing enterprises to consumers through individual sellers’ referral codes;

d/ To perform other responsibilities as prescribed in the law on management of multi-level marketing activities and other relevant laws.

2. Individual sellers participating in multilevel marketing systems have the following responsibilities:

a/ To keep contracts on participation in multi-level marketing systems according to the systems’ operation rules;

b/ To take part in the 30-day basic training programs as prescribed in the systems’ operation rules after signing contracts on participation in multi-level marketing systems;

c/ To perform other responsibilities as prescribed by the law on management of multi-level marketing activities and other relevant laws.

Article 26. Notices of non-store retailing activities

1. Business organizations and individuals shall notify commune-level People’s Committees of the localities where products or goods are sold or services are provided by any of the following ways:

a/ By post;

b/ In person at the head offices of commune-level People’s Committees;

c/ By email with a digital signature or with a scanned copy signed and stamped by business organizations or individuals to email addresses announced by commune-level People’s Committees;

d/ Using the online public service system provided by commune-level People’s Committees.

2. A dossier of notification must comprise a notice of non-store retailing activities, made according to Form No. 10 provided in the Appendix to this Decree.

3. Dossiers of notification shall be sent to commune-level People’s Committees at least 3 working days before non-store retailing activities are carried out (based on the date of receipt recorded on the return receipt or equivalent papers by the dossier-receiving commune-level People’s Committees, for dossiers sent by post; the date recorded on the dossier receipt, for hand-delivered dossiers; or the time recorded by the email system or the date recorded by the online public service system, for dossiers submitted via such system).

4. When altering or adding new activities to non-store retailing activities already notified to commune-level People’s Committees, business organizations and individuals shall send a notice thereof, made according to Form No. 11 provided in Appendix to this Decree, to the concerned commune-level People’s Committees, and comply with this Article.

Article 27. Responsibilities of commune-level People’s Committees with regard to non-store retailing activities

1. To create favorable conditions for business organizations and individuals to sell products and goods or provide services in accordance with the notified contents.

2. To retain dossiers of notification of non-store retailing activities for at least 2 years after non-store retailing activities are carried out.

3. To publicize full contents of notices of business organizations and individuals in appropriate forms to local consumers. The publicization of such information shall be carried out before and during the period products and goods are sold or services are provided by business organizations or individuals in the localities.

Chapter VII

COMPENSATION FOR DAMAGE IN CIVIL CASES ON PROTECTION OF CONSUMER RIGHTS INITIATED BY SOCIAL ORGANIZATIONS FOR PUBLIC INTERESTS

Article 28. Damages in civil cases on protection of consumer rights initiated by social organizations for public interests

In case beneficiaries are unidentifiable, damages in civil cases on protection of consumer rights initiated by social organizations for public interests shall be remitted to the state budget according to the following principles:

1. Damages in cases initiated by social organizations engaged in protection of consumer rights operating in 2 or more provinces or centrally run cities shall be remitted to the central budget.

2. Damages in cases initiated by social organizations engaged in protection of consumer rights operating in a province or centrally run city shall be remitted to local budgets.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 29. Effect

1. This Decree takes effect on July 1, 2024.

2. The Government’s Decree No. 99/2011/ND-CP of October 27, 2011, detailing and guiding the implementation of a number of articles of the Law on Protection of Consumer Rights, ceases to be effective on the effective date of this Decree.

Article 30. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall, within the ambit of their functions and tasks, implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE MINH KHAI

* The Appendix to this Decree is not translated.