Law on Protection of Consumer Rights No. 19/2023/QH15

LAW

On Protection of Consumer Rights^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on Protection of Consumer Rights.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides principles of and policies on protection of consumer rights; rights and obligations of consumers; responsibilities of business organizations and individuals toward consumers; activities of agencies and organizations to protect consumer rights; settlement of disputes between consumers and business organizations and individuals; and state management of protection of consumer rights.

Article 2. Subjects of application

1. Consumers.

2. Business organizations and individuals.

3. The Vietnam Fatherland Front; socio-political organizations.

4. Socio-political-professional organizations, social organizations, and socio-professional organizations (below collectively referred to as social organizations) participating in the protection of consumer rights.

5. Domestic and foreign agencies, organizations and individuals related to the protection of consumer rights.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Consumer means a person who purchases and uses products, goods and services for his/her personal consumption or consumption of his/her family, agency or organization and not for commercial purposes.

2. Business organization or individual means an organization or individual that continuously carries out one, several or all of the stages from investment, production to consumption of products and goods or provision of services on the market for profit-making purposes. Business organizations and individuals include:

a/ Traders as defined in the Commercial Law;

b/ Individuals carrying out independent and regular commercial activities without having to make business registration.

3. Consumer information includes personal information of consumers, information about the purchase and use of products, goods and services by consumers and other information related to transactions between consumers and business organizations and individuals.

4. Defective products and goods means products and goods that are not safe for consumers and likely to cause damage to life, health and property of consumers even though their defects are not yet detected by the time they are provided to consumers and they have been manufactured in conformity with current standards and technical regulations. Defective products and goods include:

a/ Mass-produced products and goods with defects arising from their technical designs;

b/ Single products and goods with defects arising from the process of production, processing, transportation, storage and use;

c/ Products and goods with latent risk of becoming unsafe during their use but do not have sufficient instructions or cautions for consumers.

5. Remote transaction means a transaction conducted in the cyberspace, via electronic media or by other means in which consumers may neither check nor come into direct contact with products, goods or services before entering into the transaction.

6. Continuous service provision means the provision of services for a period of 3 months or more or for an indefinite period.

7. Direct selling means that business organizations and individuals proactively approach consumers to introduce products, goods and services for sale or provision thereof to the latter. Direct selling takes the following forms:

a/ Door-to-door sale, which means activities of selling products and goods or providing services at consumers’ places of residence or workplaces;

b/ Multi-level marketing, which means activities of selling goods through networks of individual participants with many levels and branches, in which individual participants enjoy commissions, bonuses and other economic benefits from sales results of their own and other individuals in their networks;

c/ Non-store retailing, which means activities of introducing and selling products and goods or providing services in locations other than fixed product and goods retail locations or regular service introduction and provision locations.

8. Special transactions include remote transactions, continuous service provision and direct selling between business organizations and individuals and consumers.

9. Influencer means an expert, a reputable person or a person capable of drawing social attention in specific fields, industries and occupations as specified by the Government.

10. Sustainable consumption means the use of products, goods and services for personal consumption of individuals, families, agencies and organizations in an efficient manner while minimizing negative environmental, economic and social impacts.

Article 4. Rights of consumers

1. To have their life, health, honor, dignity, reputation and property protected and their information and other lawful rights and interests secured when participating in transactions and using products, goods and services provided by business organizations and individuals.

2. To be provided with invoices and documents related to transactions; to be promptly, accurately and adequately informed of products, goods, services, contents of transactions, origin of products, goods and services, and business organizations and individuals.

3. To select products, goods, services and business organizations and individuals based on their practical needs and conditions; to decide whether or not to enter into transactions; to negotiate on contents of transactions with business organizations and individuals; and to be provided with products, goods and services as agreed upon.

4. To give feedback to business organizations and individuals on prices and quality of products, goods and services, service style, transaction methods and contents related to transactions between consumers and business organizations and individuals.

5. To request business organizations and individuals to compensate for damage in case products and goods have defects, products, goods and services do not conform to standards and technical regulations, fail to meet requirements on safety, measurement, quantity, volume, quality, utility or price, and other requirements specified by law, or are inconsistent with contents of registration, notification, announcement, listing, advertisement and introduction of goods and services made by, or contents of contracts and commitments of, business organizations and individuals.

6. To participate in the making of policies and laws on protection of consumer rights.

7. To file complaints or denunciations, initiate lawsuits or request social organizations to initiate lawsuits to protect their interests in accordance with this Law and other relevant laws.

8. To be provided with consultancy, support and guidance on knowledge and skills for consumption of products, goods and services.

9. To be given the opportunity to choose a healthy and sustainable consumption environment.

10. To be protected when using public services in accordance with this Law and other relevant laws.

11. Other rights as provided by law.

Article 5. Obligations of consumers

1. To check products and goods before accepting them in accordance with law, to choose to consume products and goods of clear origin.

2. To consume products, goods and services neither in contravention of law nor against fine traditions and customs and social ethics, refraining from infringing upon national and public interests and causing harms to life, health and property of oneself and others’.

3. To comply with conditions and instructions for transportation, storage and use of products, goods and services; and regulations on inspection, environmental protection and sustainable consumption.

4. To promptly and accurately provide information to related state agencies, organizations and individuals upon detecting the circulation in the market of products, goods and services that do not meet safety requirements, cause damage or threaten to cause damage to life, health, honor, dignity, reputation, and property of consumers; or acts of business organizations and individuals that infringe upon lawful rights and interests of consumers.

5. To be held responsible for provision of inaccurate or inadequate information about their transactions with business organizations and individuals in accordance with law.

6. Other obligations as specified by law.

Article 6. Principles of protection of consumer rights

1. Protecting consumer rights is the responsibility of the State, organizations, individuals and the entire society.

2. Lawful rights and interests of consumers are recognized, respected, guaranteed and protected in accordance with law.

3. Consumer rights must be protected in a proactive, timely, fair, transparent and lawful manner.

4. Consumer rights protection activities must not infringe upon interests of the State and lawful rights and interests of business organizations and individuals and other organizations and individuals.

5. Fairness, equality, no gender discrimination, voluntariness, non-violation of law and non-contravention of fine traditions and customs and social ethics in transactions between consumers and business organizations and individuals must be ensured.

Article 7. The State’s policies on protection of consumer rights

1. To create favorable conditions for consumers, agencies and other organizations and individuals to fully exercise their rights, perform their obligations and promote the initiative in the protection of consumer rights; to encourage and honor consumers and other organizations and individuals to participate in the protection of consumer rights.

2. To encourage and support business organizations and individuals to research, apply and develop science, technology and innovation in the protection of consumer rights.

3. To create favorable conditions for mobilization of resources to invest in physical foundations and develop human resources for agencies and organizations engaged in the protection of consumer rights and related agencies and organizations; to encourage and promote the mobilization of social resources for the provision of consultancy and support, communication and dissemination of policies, laws and knowledge, and instruction of skills for protection of consumer rights.

4. To protect consumer rights in association with promoting responsible business practices, diversifying distribution channels toward modernity, and building an independent and self-reliant economy.

5. To promote integration and expand international cooperation and sharing of information and experience in the protection of consumer rights.

6. To improve business ethics, and build a safe, civilized, healthy and sustainable consumption culture; to strictly and promptly handle acts of infringing upon
consumer rights.

7. To promote sustainable production and consumption, covering the following activities:

a/ Encouraging and promoting investment, production, circulation, distribution, import and export of environmentally friendly products, goods, services and technologies toward a green economy and circular economy in order to increase consumer benefits;

b/ Helping organizations and individuals apply and develop advanced science and technology, article number codes, barcodes, and origin tracing technologies in order to produce and provide safe and quality products, goods and services and to improve their competitiveness;

c/ Proactively and responsibly participating in activities to promote sustainable production and consumption in the region and the world.

Article 8. Protection of rights of vulnerable consumers

1. Vulnerable consumers are those who are likely to suffer adverse impacts in terms of access to information, health, property and dispute resolution at the time of purchase or use of products, goods and service, including:

a/ Elderly people as specified by the law on the elderly;

b/ People with disabilities as specified by the law on people with disabilities;

c/ Children as specified by the law on children;

d/ Ethnic minority people; people living in ethnic minority-inhabited areas, mountainous areas, islands, areas with difficult socio-economic conditions and areas with extremely difficult socio-economic conditions as specified by law;

dd/ Women who are pregnant or raising children under 36 months old;

e/ People suffering fatal diseases as specified by law;

g/ Members of poor households as specified by law.

2. The protection of rights of vulnerable consumers shall be carried out as follows:

a/ Vulnerable consumers have their rights guaranteed in accordance with this Law and are entitled to rights and priority policies in accordance with other relevant regulations;

b/ Business organizations and individuals shall take the initiative in, and be held responsible for, organizing the implementation of Clause 3 of this Article;

c/ When a vulnerable consumer files a request for protection, enclosed with evidence and documents proving that he/she is a vulnerable consumer and his/her rights are infringed upon, the concerned business organization or individual shall prioritize the receipt and processing of such request and may not forward it to a third party for resolution, unless the third party has related obligations. In case of refusing to resolve the vulnerable consumer’s request, the business organization or individual shall respond in writing, clearly stating the legal basis and inconformity with their announced policies as specified in Clause 3 of this Article;

d/ Business organizations and individuals shall pay compensation for damage in accordance with the civil law to vulnerable consumers in case of delaying or refusing to prioritize the receipt and processing of vulnerable consumers’ requests or refusing to receive and process such requests under Point c of this Clause;

dd/ State management agencies in charge of protection of consumer rights, socio-political organizations and social organizations shall prioritize the receipt  and processing of requests of vulnerable consumers and guide them in providing  evidence and documents to prove that their rights are infringed upon;

e/ State management agencies in charge of protection of consumer rights, socio-political organizations and social organizations shall guide, examine, supervise, and handle violations in, the performance of the responsibilities specified in Clause 3 of this Article by business organizations and individuals in conformity with their competence as provided by law.

3. When conducting transactions with vulnerable consumers, business organizations and individuals have the following responsibilities:

a/ To secure the exercise of rights by vulnerable consumers in the course of selling and buying products and goods or providing services in accordance with law;

b/ To apply complaint and dispute resolution mechanisms suitable to each group of vulnerable consumers in accordance with law;

c/ To refrain from refusing to process requests for protection of vulnerable consumers specified at Point c, Clause 2 of this Article due to difference in spoken or written languages, customs and practices;

d/ To fight stigma, discrimination and abuse of vulnerable factors to infringe upon lawful rights and interests of consumers during transactions;

dd/ To formulate and issue regulations on order, procedures, methods or measures suitable to each group of vulnerable consumers in order to ensure their rights to file complaints, request dispute resolution and other rights;

e/ To formulate, update, and make public to vulnerable consumers information specified in this Clause by posting at their head offices and business locations or publishing on their websites or application software (if any) and organize training and retraining courses on these contents for their employees.

The responsibility specified at this Point is not compulsory to individuals carrying out independent and regular commercial activities without having to make business registration; small-sized and micro enterprises as specified by law other than those carrying out transactions specified in Chapter III of this Law;

g/ Other responsibilities specified in this Law and other relevant laws.

Article 9. Protection of consumer rights in transactions with individuals conducting independent and regular commercial activities without having to make business registration

1. Individuals conducting independent and regular commercial activities without having to make business registration in accordance with this Law shall only perform the following responsibilities:

a/ To meet requirements on safety, measurement, quantity, volume, quality, and utility of products, goods and services they sell or provide to consumers;

b/ To refrain from selling to or providing consumers with products, goods or services in contravention of law, fine traditions and customs and social ethics;

c/ To provide accurate and adequate information about products, goods and services they sell or provide to consumers;

d/ To exchange goods for consumers or refund payments to and receive back goods from consumers in cases goods they sell or provide fail to meet requirements on safety, measurement, quantity, volume, quality or utility as they have informed;

dd/ To abide by decisions on recall of products and goods in case products and goods they sell or provide are subject to recall; to bear expenses for the destruction of products and goods in case such products and goods must be destroyed under decisions of competent agencies;

e/ Other responsibilities specified by the Government.

2. Based on the provisions of this Law and other relevant laws, the Government shall provide in detail the protection of consumer rights in transactions with individuals conducting independent and regular commercial activities without having to make business registration.

3. Based on the provisions of this Law, regulations of the Government and specific local conditions, commune-level People’s Committees and management boards of marketplaces and department stores shall implement specific measures to ensure safety, measurement, quantity, volume and quality of products, goods and services and protect other lawful rights and interests of consumers when purchasing and using products, goods and services of individuals conducting independent and regular commercial activities without having to make business registration.

Article 10. Prohibited acts in the protection of consumer rights

1. Business organizations and individuals are strictly prohibited from taking the following acts:

a/ Deceiving or confusing consumers through providing false, inadequate or inaccurate information about one of the following contents: products, goods or services they sell or provide; their business reputation and capacity and capacity of providing products, goods and services; contents and characteristics of transactions between them and consumers; images, papers and certification documents issued by competent state agencies of products, goods, services or of business organizations and individuals;

b/ Harassing consumers through direct or indirect contact against consumers’ will to introduce themselves or their products, goods and services or make offer for entry into contracts or other acts that interfere with consumers’ normal work and daily life;

c/ Forcing consumers to buy products, goods or services against their will through  using force, threatening to use force or other acts of similar nature;

d/ Forcing consumers to pay for products, goods or services provided without prior agreement with consumers;

dd/ Failing to pay compensations for damage, refund payments to, or exchange products, goods or services for new ones for, consumers in case they make mistakes;

e/ Failing to pay compensations for damage, refund payments to, or exchange products, goods or services for new ones, for consumers in case products, goods or services fail to conform with contents of registration, notification, announcement, listing or advertisement, introduction or contracts or their commitments;

g/ Fraudulently swapping products, goods or services upon the delivery or provision thereof to consumers;

h/ Failing to notify consumers in advance or to disclose to consumers the provision of sponsorship to influencers in any form to use these persons’ images, advices or recommendations to promote trade or encourage consumers to buy and use their products, goods and services;

i/ Preventing consumers from checking products, goods and services, unless otherwise provided by law;

k/ Requiring consumers to buy additional products, goods or services as a mandatory condition for entering into contracts against consumers’ will;

l/ Including impermissible terms specified in Article 25 of this Law in contracts with consumers, model contracts and general transaction conditions;

m/ Collecting, storing, using, editing, updating and destroying consumer information in contravention of law.

2. Multi-level marketing organizations and individuals are strictly prohibited from taking the following acts:

a/ Requiring others to deposit or pay a sum of money or buy a certain quantity of goods to participate in multi-level marketing;

b/ Providing deceitful and misleading information to consumers and individuals participating in multi-level marketing;

c/ Doing business in the form of multi-level marketing without multi-level marketing registration certificates; holding events to introduce multi-level marketing activities without multi-level marketing registration certificates;

d/ Doing business in the form of multi-level marking for services or in other forms other than buying and selling goods, unless otherwise provided by law;

dd/ Developing multi-level marketing networks not based on goods purchase and sale transactions;

e/ Committing the acts specified in Clause 1 of this Article.

3. Business organizations and individuals that establish and operate digital platforms and provide digital platform services are strictly prohibited from taking the following acts:

a/ Forcing or preventing consumers from registering to use or using other intermediary digital platforms as a mandatory condition for using their services;

b/ Limiting consumers’ choices by setting an order of priority for choice of products, goods and services among business organizations and individuals providing products, goods and services on their digital platforms without publicizing choice criteria;

c/ Using measures to prevent the display of, or untruthfully displaying, feedback and reviews of consumers about products, goods, services, and business organizations and individuals on their digital platforms, unless these feedback or reviews are against regulations or social ethics;

d/ Using measures to prevent registration, operation, evaluation and display of feedback of social organizations participating in the protection of consumer rights;

dd/ Preventing consumers from removing pre-installed software and applications without affecting basic technical features that make digital platforms operate normally or forcing consumers to install software and applications on digital platforms;

e/ Committing the acts specified in Clause 1 of this Article.

4. Organizations and individuals are strictly prohibited from taking advantage of the protection of consumer rights to infringe upon interests of the State and lawful rights and interests of other organizations and individuals.

5. The Government shall detail Clause 2 of this Article.

Article 11. Requests for handling by state agencies of violations of law related to consumer rights

1. In case of detecting a violation of the law on protection of consumer rights and other provisions of the law on consumer rights, consumers and related organizations and individuals may request in person or in writing competent state agencies to handle these violations in accordance with law.

2. Competent state agencies shall receive and resolve requests of consumers and related organizations and individuals according to their assigned functions, tasks and management fields and vested powers.

3. In case a state management agency in charge of protection of consumer rights receives a request specified in Clause 1 of this Article that falls into the field of management of another state agency, it shall forward the request to the latter and notify consumers and related organizations and individuals thereof.

4. Consumers and related organizations and individuals shall provide information and evidence about violations of business organizations and individuals.

Article 12. International cooperation in the protection of consumer rights

1. International cooperation in the protection of consumer rights shall be carried out on the principle of respect for national independence, sovereignty, territorial integrity, non-interference in each other’s internal affairs, equality and mutual benefit, and conformity with the Constitution and laws of Vietnam and treaties to which the Socialist Republic of Vietnam is a contracting party.

2. In case the Socialist Republic of Vietnam is not a contracting party to a relevant treaty, international cooperation in the protection of consumer rights shall be carried out on the principle of reciprocity but must not contravene the Constitution and laws of Vietnam and must be consistent with international laws and practices.

3. The scope of international cooperation in the protection of consumer rights covers consultation, exchange of information and documents, receipt and resolution of disputes, handling of acts of infringing upon consumer rights and other appropriate international cooperation activities in accordance with Vietnam’s law and treaties to which the Socialist Republic of Vietnam is a contracting party.

Article 13. Vietnamese Consumer rights Day

1. March 15 every year is the Vietnamese Consumer rights Day.

2. The Government shall provide the organization of activities on the occasion of the Vietnamese Consumer rights Day.

Chapter II

RESPONSIBILITIES OF BUSINESS ORGANIZATIONS AND INDIVIDUALS TOWARD CONSUMERS

Article 14. Assurance of safety, measurement, quantity, volume, quality and utility of products, goods and services sold and provided to consumers

1. Business organizations and individuals shall assure safety, measurement, quantity, volume, quality and utility of products, goods and services sold and provided to consumers which must be consistent with information they have registered, notified, announced, listed, advertised, introduced or committed or as specified by law.

2. Business organizations and individuals shall give cautions about products, goods and services that are likely to become unsafe or have adverse impacts on life, health and property of consumers, and announce preventive measures in accordance with law.

Article 15. Protection of consumer information

1. Business organizations and individuals that collect, store, use, edit, update or destroy consumer information by themselves or authorize or hire third parties to do so shall ensure safety and security for consumer information in accordance with this Law and other relevant laws.

2. In case a business organization or individual authorizes or hires a third party to collect, store, use, edit, update or destroy consumer information, it/he/she shall obtain consent of consumers. The authorization or hiring of a third party must be made in writing, clearly stating the scope and responsibility of each party for protecting consumer information in accordance with this Law and other relevant laws.

3. In case consumers conduct transactions through third parties, such third parties shall be responsible for protecting consumer information in accordance with this Law and other relevant laws.

Article 16. Formulation of rules on protection of consumer information

1. Unless otherwise provided by law, business organizations and individuals that collect, store and use consumer information shall formulate information protection rules that apply generally to consumers with the following contents:

a/ Purpose of collection of information;

b/ Scope of use of information;

c/ Information storage period;

d/ Measures to protect information and ensure safety for consumer information.

2. The contents specified in Clause 1 of this Article must be made public by business organizations and individuals in the form of posting at easy-to-spot positions at their head offices and business locations and publishing on their websites or application software (if any) so as to facilitate consumers’ access to such information before or at the time of information collection.

Article 17. Notification upon the collection and use of consumer information

1. Business organizations and individuals shall clearly and publicly notify consumers, in an appropriate form, of the purpose and scope of collection and use of information, and period of storage of consumer information before collecting and using such information and shall obtain consent of consumers, except the cases specified in Clause 3 of this Article.

2. Business organizations and individuals shall establish a clear method for consumers to choose the scope of information they agree to provide and express their consent or unconsent, except for the cases specified in Clause 3 of this Article, and at Points b and c, Clause 3, Article 18 of this Law.

3. Business organizations and individuals are not required to perform the obligation specified in Clause 1 of this Article in the case of collecting information that has been made public by consumers or other cases specified by law.

Article 18. Use of consumer information

1. Before business organizations and individuals repurpose or change the scope of use of information that has been notified to consumers, they shall notify consumers thereof again and obtain the latter’s consent to the change.

2. The use of consumer information referred to in this Law covers the sharing, disclose and transfer of consumer information to third parties.

3. Business organizations and individuals shall use consumer information in an accurate and proper manner in conformity with the notified purpose and scope and obtain the consent of consumers, except in the following cases:

a/ They have reached separate agreements with consumers on the purpose and scope of use other than the notified purposes and scope of use;

b/ The use of consumer information is to serve the sale or provision of products, goods and services at the request of consumers and only within the scope of information agreed upon by consumers;

c/ The use of consumer information is to serve the performance of obligations in accordance with law.

4. Business organizations and individuals that collect and use consumer information shall adopt a mechanism for consumers to choose whether or not to allow the following acts:

a/ Sharing, disclosing or transferring information to third parties, except cases where business organizations and individuals transfer information that has been collected in accordance with this Law and other relevant laws to a third party for storage or analysis to serve the transferor’s business activities and the two parties have a written agreement that the third party is responsible for protecting consumer information in accordance with this Law;

b/ Using consumer information to advertise or introduce products, goods, services and other commercial activities.

Article 19. Assurance of safety and security for consumer information

1. Business organizations and individuals shall ensure safety and security for consumer information that they collect, store and use and take measures to prevent the following acts:

a/ Stealing or illegally accessing information;

b/ Illegally using information;

c/ Illegally editing, updating or destroying information.

2. Business organizations and individuals shall receive and resolve consumers’ feedback, requests and complaints related to illegal collection or improper use or use beyond the notified scope of information.

3. In case its/his/her information system is attacked, posing a threat to safety and security for consumer information, a business organization or individual or relevant information storage party shall notify a competent state agency thereof within 24 hours from the time of discovering the attack and take necessary measures to ensure safety and security for consumer information in accordance with the laws on cybersecurity, cyberinformation security, electronic transactions and other relevant laws.

Article 20. Checking, editing, updating, destruction, transfer and discontinuation of transfer of consumer information

1. Consumers may request business organizations and individuals to check, edit, update, destroy, transfer or discontinue the transfer of their information to third parties.

2. Business organizations and individuals shall fulfill consumers’ requests mentioned in Clause 1 of this Article or provide consumers with tools and information to do so by themselves in accordance with law.

3. Business organizations and individuals shall destroy consumer information upon expiration of the storage period specified at Point c, Clause 1, Article 16 of this Law or other relevant laws.

Article 21. Provision of information on products, goods, services, model contracts, and general transaction conditions to consumers

Business organizations and individuals have the following responsibilities:

1. To provide accurate and adequate information on:

a/ Products, goods and services, including: measurement, quantity, volume, quality, utility, price, origin, shelf life, delivery fee, expense, method and time, shipping and payment modes;

b/ Business organizations and individuals;

c/ Consumers’ feedback and reviews about products, goods, services, business organizations and individuals (if any);

2. To label goods in a truthful, clear and accurate manner, reflecting the true nature of the goods in accordance with law;

3. To list prices in accordance with the law on price;

4. To provide information about their ability to supply parts and spare parts for products and goods;

5. To provide instructions for use; and information on the warranty policy as specified in Article 30 of this Law in case products, goods and services are warranted;

6. To publicly notify information on ingredients, functions and distinct benefits of products and goods produced and services provided exclusively for each gender;

7. To accurately and fully inform consumers of model contracts and general transaction conditions before entering into transactions.

Article 22. Responsibilities of third parties in the provision of information on products, goods and services to consumers

1. In case business organizations and individuals provide information on products, goods and services to consumers through third parties, such third parties have the following responsibilities:

a/ To provide accurate and adequate information about products, goods and services provided by business organizations and individuals and related rating and ranking programs (if any);

b/ To request business organizations and individuals to provide information, documents and means to prove the accuracy and adequacy of information on products, goods and services;

c/ To take joint responsibility for providing inaccurate or inadequate information on products, goods or services, unless it is proven that all measures specified by law to check the accuracy and adequacy of information on products, goods and services have been taken;

d/ To comply with other relevant laws.

2. In case business organizations and individuals provide information on products, goods or services to consumers through media, media channel owners or media service providers have the following responsibilities:

a/ To comply with Clause 1 of this Article;

b/ To formulate, develop and implement technical solutions to prevent media channels or services under their management from being used for the purpose of harassing consumers;

c/ To refuse to allow business organizations and individuals to use media channels or services under their management to harass consumers;

d/ To discontinue business organizations’ and individuals’ use of media channels and services under their management for harassing consumers at the request of competent state agencies.

3. In case business organizations and individuals provide information on products, goods or services through influencers, such influencers have the following responsibilities:

a/ To comply with Clause 1 of this Article;

b/ To notify consumers in advance that they are sponsored to provide information about products, goods and services.

Article 23. Contracts with consumers, model contracts, and general transaction conditions

1. Forms of contracts to be concluded with consumers, model contracts, and general transaction conditions must comply with the civil law and other relevant laws.

2. In case of concluding written contracts with consumers, language and form of such contracts, model contracts, and general transaction conditions must be clear and easy to understand.

The language used in contracts concluded with consumers, model contracts, and general transaction conditions is Vietnamese. The parties may agree to use other Vietnamese ethnic languages ​​or foreign languages. In case there is a difference between the Vietnamese version and the version in another Vietnamese ethnic language or foreign language, the version that is more beneficial to consumers prevails.

3. A model contract must have the following basic contents:

a/ Information of contract parties, including: names, addresses, phone numbers, other contact methods (if any);

b/ Information about products, goods and services sold or provided under the contract;

c/ Measurement, quantity, volume, quality, utility and price of products, goods and services sold or provided, constituents the final price of products, goods and services, if the law requires price constituents of products, goods and services to be made public;

d/ Payment method and term;

dd/ Time, place, method of selling and providing products, goods and services;

e/ Rights and obligations of the parties to ensure compliance with this Law and other relevant laws;

g/ Responsibility to protect consumer information;

h/ Cases of termination of the contract performance and liabilities arising due to the contract termination;

i/ Force majeure events as specified by law;

k/ Dispute resolution method;

l/ Time of entering into the contract, term of the contract.

4. In addition to the basic contents specified in Clause 3 of this Article, the model contract must comply with other relevant laws,

5. The Government shall detail Clause 2 of this Article.

Article 24. Interpretation of contracts with consumers, model contracts, general transaction conditions

In case of different understandings about contents of contracts concluded with consumers, model contracts and general transaction conditions, the interpretation will be made in favor of consumers.

Article 25. Terms that may not be provided in contracts to be concluded with consumers, model contracts, and general transaction conditions

In contracts to be concluded with consumers, model contracts, and general transaction conditions, business organizations and individuals may not provide terms:

1. Limiting or excluding law-specified liabilities of business organizations and individuals toward consumers, unless such liabilities can be limited or excluded in accordance with relevant laws;

2. Limiting or excluding consumers’ right to file complaints or initiate lawsuits;

3. Permitting business organizations and individuals to unilaterally change the provisions of contracts already concluded with consumers;

4. Permitting business organizations and individuals to unilaterally change general transaction conditions without providing consumers’ right to terminate contracts;

5. Permitting business organizations and individuals to unilaterally determine whether or not consumers fail to fulfill one or several liabilities;

6. Permitting business organizations and individuals to fix or change prices at the time of product and goods delivery or service provision, unless otherwise provided by law;

7. Permitting business organizations and individuals to change prices during the process of continuous service provision without providing consumers’ right to terminate contracts;

8. Permitting business organizations and individuals to interpret contracts and general transaction conditions in case there are different understandings of contractual terms and general transaction conditions;

9. Excluding liabilities of business organizations and individuals that sell products and goods or provide services through third parties;

10. Forcing consumers to discharge their liabilities when business organizations and individuals fail to fulfill their liabilities;

11. Permitting business organizations and individuals to assign their liabilities to third parties without consent of consumers, unless otherwise provided by law;

12. Providing penalties in disfavor of consumers in case of breach or termination of contracts;

13. Permitting business organizations and individuals to extend contracts already agreed upon with consumers without providing the responsibility to notify thereof in advance or without a mechanism for consumers to choose whether to extend or terminate the contracts;

14. Requiring consumers to agree to allow business organizations and individuals to collect, store and use consumer information as a condition for entering into contracts and general transaction conditions, unless otherwise provided by law;

15. Being contrary to the principle of good faith in accordance with the civil law, leading to an imbalance in rights and obligations of the parties in disfavor of consumers.

Article 26. Performance of model contracts

1. Before concluding a model contract with a consumer, a business organization or individual shall give the consumer a reasonable time to study such contract.

2. A business organization or individual shall keep a concluded model contract until such contract expires. If the concluded model contract kept by the consumer is lost or damaged, the business organization or individual shall give the consumer a copy of such contract within 7 working days after receiving the latter’s request.

3. A business organization or individual shall publicize a model contract by posting it at easy-to-spot positions at its/his/her office and business locations and posting on the its/his/her website and application software (if any) for consumers to know about contents of the model contract before concluding the contract with it/him/her or pay a deposit or make advance payment before concluding the contract concluded.

Article 27. Application of general transaction conditions

1. Business organizations and individuals that apply general transaction conditions shall publicize, and give consumers a reasonable time to study, general transaction conditions before conducting transactions with the latter.

2. General transaction conditions must clearly specify the time of application and be publicized by business organizations and individuals that post such conditions at easy-to-spot positions at their offices and business locations and their websites and application software (if any) for consumers to know about contents of general transaction conditions.

3. General transaction conditions only become effective for consumers provided that such conditions have been publicized for the latter to know about them before transactions are conducted.

Article 28. Control of model contracts and general transaction conditions

1. Business organizations and individuals trading in products, goods or services that are continuously or regularly bought and used by a large number of consumers and have direct and long-term effects on consumers shall register their model contracts and general transaction conditions with the state management agency in charge of protection of consumer rights before using such contracts or conditions for conclusion of contracts with consumers.

Based on socio-economic conditions and demand for protection of consumer rights in each period, the Prime Minister shall promulgate or modify the list of products, goods and services subject to the registration of model contracts and general transaction conditions under this Article.

2. The state management agency in charge of protection of consumer rights may, on its own will or at the request of consumers or social organizations participating in the protection of consumer rights as authorized by consumers, request business organizations and individuals to cancel or modify their model contracts or general transaction conditions when detecting that such contracts or conditions infringe upon consumer rights.

3. The determination of legal consequences of the cancellation or modification of model contracts and general transaction conditions already established with consumers in specific transactions must comply with the civil law.

4. Line agencies shall, within the ambit of their tasks and powers, coordinate with the state management agency in charge of protection of consumer rights in controlling model contracts and general transaction conditions under this Article.

5. The Government shall detail this Article.

Article 29. Provision of transaction evidences

1. Business organizations and individuals shall provide consumers with invoices, vouchers and documents related to transactions in accordance with law or at the latter’s request.

2. For cyberspace transactions, business organizations and individuals shall create conditions for consumers to log in, download, store and print out the invoices, vouchers and documents specified in Clause 1 of this Article.

Article 30. Warranty for products, goods, parts and spare parts

1. Warranty shall be provided for products, goods, parts and spare parts as agreed upon by parties or required by law.

2. For products, goods, parts and spare parts eligible for warranty, a business organization or individual shall:

a/ Publicize its/his/her warranty policy, covering the following principal contents: the time, period, contents and scope of warranty, modes of performance of warranty services, and exclusions from warranty liabilities;

b/ Accurately and fully perform its/his/her obligations to provide warranty for the products, goods, parts and spare parts it/he/she provides;

c/ Provide consumers with receipts of warranty requests or proofs of receipt of warranty requests in equivalent forms, clearly stating the period of performance of warranty services. Such period shall be excluded from the warranty period.

In case the business organization or individual replaces parts or spare parts, the warranty period for such parts or spare parts shall be re-counted from the time of replacement.

If the business organization or individual exchanges products or goods for new ones, the warranty period for such products or goods shall be re-counted from the time of exchange;

d/ Provide consumers with similar products, goods, parts or spare parts for temporary use or offer appropriate solutions as agreed between it/him/her and consumers during the period of performance of warranty services;

dd/ Exchange products, goods, parts or spare parts for similar new ones or receive products, goods, parts or spare parts back from customers and refund consumers if failing to repair or correct faults though the period of performance of warranty services has expired or if failing to correct faults though having performed warranty services for 3 or more times during the warranty period;

e/ Bear expenses for the repair and transportation of products, goods, parts and spare parts from consumers’ places of residence or places where such products, goods, parts and spare parts are used to warranty places and from warranty places to consumers’ places of residence or places where such products, goods, parts and spare parts are used;

g/ Take responsibility for the provision of warranty services for products, goods, parts and spare parts for consumers even when it/he/she authorizes or hires another organization or individual to provide warranty services.

Article 31. Responsibility to receive and settle consumers’ feedback, requests and complaints

1. Business organizations and individuals shall receive and settle consumers’ feedback, requests and complaints.

2. A business organization or individual shall inform a consumer of its/his/her receipt of the latter’s feedback, request or complaint within 3 working days after receiving such feedback, request or complaint.

3. Organizations and individuals manufacturing or importing products and goods or directly selling products and goods or providing services to consumers shall formulate and publicize information on the process of receiving and settling consumers’ feedback, requests and complaints by posting such information at easy-to-spot positions at their offices and business locations and on their websites and application software (if any).

This Clause is not compulsorily applicable to individuals engaged in independent and regular commercial activities without having to make business registration and micro-enterprises specified by law.

Article 32. Responsibility for defective products and goods

1. Upon detecting a defective product or goods, a business organization or individual shall:

a/ Recall and dispose of the defective product or goods under Article 33 of this Law and other relevant laws;

b/ Implement necessary measures to protect consumer rights in the course of recall and disposal of the defective product or goods;

c/ Report to the state management agency in charge of protection of consumer rights and related state management agencies before and after the defective product or goods is recalled; recall the defective product or goods according to reported and notified contents and bear expenses for the recall.

2. The provincial-level state management agency in charge of protection of consumer rights and specialized agency of the locality where a defective product or goods is recalled shall inspect and monitor the recall of such product or goods to ensure the recall conforms with the reported and notified contents and lawful rights and interests of consumers and in accordance with law.

If a defective product or goods is recalled in 2 or more provinces or centrally run cities, the central state management agency in charge of protection of consumer rights and related central state management agencies shall inspect and monitor the recall.

3. The Government shall detail this Article.

Article 33. Recall of defective products and goods

1. Defective products and goods include:

a/ Group-A defective products and goods, that are products and goods likely to cause harms to consumers’ life and health;

b/ Group-B defective products and goods, that are products and goods likely to cause harms to consumers’ property;

c/ For defective products and goods that are likely to cause harms to consumers’ life, property and health, provisions applicable to group-A defective products and goods shall be applied.

2. When detecting a group-A defective product or goods, a business organization or individual shall, on its own will or at the request of the state management agency in charge of protection of consumer rights or a state management agency in charge of the related sector or field:

a/ Promptly take all necessary measures to discontinue the supply of, and recall, such product or goods in the market;

b/ Publicize information on the defective product or goods and the recall thereof by posting such information at easy-to-spot positions at its/his/her office and business locations and on its/his/her website and application software (if any) until the recall is completed;

c/ Publish information on the defective product or goods and the recall thereof on at least 5 consecutive issues of central and local print and online press or for 5 consecutive days on central and local radio and television in the locality where such product or goods has been marketed.

3. If detecting a group-B defective product or goods, the business organization or individual shall, on its own will or at the request of the state management agency in charge of protection of consumer rights or a state management agency in charge of the related sector or field, comply with Points a and b, Clause 2 of this Clause.

4. Contents to be published and publicized specified in Clauses 2 and 3 of this Article include:

a/ Description of the product or goods to be recalled;

b/ Reason(s) for the recall and warning about damage possibly caused by the defects of such product or goods;

c/ Recall time, location and mode;

d/ Defect remediation time and mode;

dd/ Other related contents (if any) to protect consumer rights.

5. The Government shall detail this Article.

Article 34. Compensation for damage caused by defective products and goods

1. Business organizations and individuals shall compensate for damages when their defective products or goods cause harm to life, health or property of consumers even when they are not aware of, or not at fault for, such defects, except the case specified in Article 35 of this Law.

2. Business organizations and individuals that shall compensate for damage under Clause 1 of this Article include:

a/ Products and goods manufacturers;

b/ Products and goods importers;

c/ Organizations and individuals having their commercial names affixed on products and goods or using marks or other commercial indicators showing that they are product or goods manufacturers or importers;

d/ Organizations and individuals carrying out commercial intermediary activities for products or goods;

dd/ Organizations and individuals directly providing products or goods to consumers;

e/ Other organizations and individuals that are responsible for products or goods in accordance with other relevant regulations.

3. In case the business organizations or individuals specified at Points a, b, c, d and e, Clause 2 of this Article are unidentifiable, those specified at Point dd, Clause 2 of this Article shall compensate for damage caused to consumers, unless otherwise provided by law.

4. In case many business organizations and individuals specified in Clause 2 of this Article jointly cause damage, such business organizations and individuals shall jointly compensate for damage caused to consumers.​

5. The payment of compensations for damage must comply with the civil law and other relevant regulations.

Article 35. Exemption from liability for paying compensation for damage caused by defective products and goods

The business organizations and individuals specified in Article 34 of this Law are exempt from liability for paying compensation for damage in the following cases:

1. They can prove that defects of products and goods are undetectable given the world’s scientific and technological level at the time such products and goods cause damage to consumers;

2. Business organizations and individuals have fully applied the measures specified in Articles 32 and 33 of this Law, and consumers have received sufficient information on defective products and goods but still intentionally use them thereby causing damage;

3. Other cases specified by the civil law and other relevant regulations.

Article 36. Responsibility for provision of services at variance with the registered, notified, announced, posted, advertised, introduced, concluded or committed contents

1. In case services are provided at variance with contents that have been registered, notified, announced, posted, advertised, introduced, concluded or committed upon the provision of such services, business organizations and individuals shall reach agreement with consumers to implement one or several of the following remedies:

a/ To resume the provision of services;

b/ To continue providing services without collecting payment for service provision or reduce prices for provided services;

c/ To terminate the service provision and refund consumers;

d/ Other remedies as agreed upon by the parties.

2. Business organizations and individuals shall bear expenses for the implementation of remedies for services provided at variance with registered, notified, announced, posted, advertised, introduced, concluded or committed contents.

3. Consumers may request compensation for damage in case services provided at variance with registered, notified, announced, posted, advertised, introduced, concluded or committed contents cause damage tothem.

4. Business organizations and individuals are exempt from liability for paying compensation for damage if they can prove that the provision of services at variance with registered, notified, announced, posted, advertised, introduced, concluded or committed contents is undetectable given the world’s scientific and technological level at the time they provide services to consumers or fall into the case of exemption from liability for paying compensation for other damage in accordance
with law.

5. Compensation for damage shall be paid in accordance with the civil law and other relevant regulations.

Chapter III

RESPONSIBILITIES OF BUSINESS ORGANIZATIONS AND INDIVIDUALS TOWARD CONSUMERS IN SPECIAL TRANSACTIONS

Section 1

DISTANCE TRANSACTIONS

Article 37. Responsibilities of business organizations and individuals in distance transactions

1. When conducting a distance transaction, a business organization or individual shall accurately and fully provide the consumer with the following information:

a/ Its/his/her or its/his/her Vietnam-based representative’s name, address, telephone number, other contact methods (if any) (if any);

b/ Serial number of the enterprise registration certificate or enterprise identification number or other equivalent documents, for economic institutions; or personal tax identification number, for individuals;

c/ Measurement, quantity, volume, quality, utility, price, origin and shelf life of the product, goods or service;

d/ Delivery cost (if any);

dd/ Payment method and term; time, place and method of selling the product or goods and providing the service; conditions for and method of exchanging or returning the product, goods or service;

e/ The validity period of the transaction offer;

g/ Information on charges, expenses and value-added tax, method of calculating arising charges and expenses and general transaction conditions to be applied in the course of provision of the product, goods or service to the consumer;

h/ Details about utility, use method and warranty of the product, goods or service;

i/ The consumer rights as provided in Clause 3, Article 38 of this Law;

k/ Process for exchange or return of the product, goods or service or termination of the concluded contract;

l/ Process for receipt and settlement of consumers’ feedback, requests and complaints.

2. If a transaction is conducted via telephone or another form of communication or call, the business organization or individual shall provide information on its/his/her name and address and purpose of the call right from the beginning.

3. If a transaction is conducted in cyberspace, the business organization or individual shall comply with this Law, the e-commerce law and other relevant regulations.

4. The Government shall detail this Article.

Article 38. Contract conclusion in distance transactions

1. When conducting a distance transaction with a consumer, a business organization or individual shall develop tools and implement the following security measures:

a/ To accurately and fully provide contents of the contract for the consumer to study before concluding the contract;

b/ To enable the consumer to discuss and clarify contents of the contract and certify his/her agreement to conclude the contract;

c/ To enable the consumer to review and download the contract bearing his/her conclusion certification.

2. Contents of a contract include the information specified in Clause 1, Article 37 of this Law; name, address, telephone number, and other contact methods (if any) of the consumer; rights and obligations of the contractual parties.

In case many parties participate in the contract performance, contents of the contract must clearly identify such parties and the rights and obligations of each party.

3. In case a business organization or individual fails to accurately or fully provide the information specified in Clause 1, Article 37 of this Law, the consumer has the following rights:

a/ To reach agreement with the business organization or individual on selection of a method of handling the contract;

b/ Within 30 days after concluding the contract, to unilaterally terminate the performance of the concluded contract and notify thereof to the business organization or individual. The consumer is not required to pay any cost in any form related to the termination of the contract performance, except expenses for the part of the product, goods or service he/she has used;

c/ To request a competent agency to declare the contract null and void or cancel the contract in accordance with the civil law.

4. In case the consumer unilaterally terminates the contract performance under Point b, Clause 3 of this Article, the business organization or individual shall refund to the consumer the amount paid for the unused part of the product, goods or service within 30 days after the consumer declares his/her unilateral termination of the contract performance. Past this time limit, the business organization or individual shall pay interest on the late-payment amount at the rate agreed upon by the two parties or in accordance with the civil law. The refund shall be made by the mode of payment used by the consumer unless the consumer agrees to make the refund by another mode.

In case the termination of the contract performance causes damage to the consumer, the business organization or individual shall pay compensation for damage in accordance with the civil law.

Article 39. Responsibilities of business organizations and individuals toward consumers in cyberspace transactions

1. Organizations and individuals conducting business in cyberspace include:

a/ Organizations and individuals trading in products, goods and services via self-created information systems or digital platforms;

b/ Organizations creating and operating intermediary digital platforms.

2. Organizations and individuals conducting business in cyberspace shall comply with Articles 37 and 38 of this Law, Section 2 of this Chapter, in case of continuous service provision.

3. In addition to the responsibilities specified in Clause 2 of this Article, an organization creating and operating an intermediary digital platform shall:

a/ Appoint and publicly announce the contact point or representative authorized to coordinate with competent state agencies in resolving issues relating to the protection of consumer rights;

b/ Formulate and publicly announce the operation regulation of the intermediary digital platform to consumers, clearly defining responsibilities of the transaction parties;

c/ Provide information about business organizations or individuals operating on the intermediary digital platform when requested by consumers who conduct transactions with such organizations or individuals;

d/ Allow consumers to give feedback and reviews on business organizations and individuals, and products, goods that are sold or services that are provided by such business organizations and individuals, and at the same time fully and accurately display feedback and reviews, except feedback and reviews that are against the law and social ethics;

dd/ Fully and transparently display information on products and goods that are sold and services that are provided by business organizations and individuals, including contents required to be shown on goods labels as specified by the law on goods labeling, except specific information on products, including date of manufacture; expiry date; manufacturing lot number; chassis  and engine numbers; standard results required in the provision of products, goods and services;

e/ Appoint and publicly announce the focal point for receipt and settlement of consumers’ feedback, requests and complaints about products, goods and services, and relevant information on the intermediary digital platform; receive and settle consumers’ feedback, requests and complaints about itself;

g/ Take measures to prioritize the display of evaluations, reports and recommendations of social organizations participating in the protection of consumer rights or credit rating organizations in accordance with law;

h/ Directly store information or provide solutions to store information on products, goods, services and related transactions, enabling consumers to log in, trace, download, store and print out invoices, vouchers and documents on transactions conducted on the intermediary digital platform under its management;

i/ Make advertising activities in cyberspace, if any, in a transparent manner in accordance with law;

k/ Provide reports on content censorship activities that have been carried out at the request of competent state agencies;

l/ Maintain an online reporting account and provide information and data updated to the time of making reports to serve the inspection and examination by competent state management agencies in accordance with law;

m/ Authenticate identities of organizations and individuals selling products and goods or providing services on its intermediary digital platform;

n/ Take responsibility before consumers in accordance with the e-commerce law in case domestic and foreign business organizations and individuals sell products or goods or provide services to consumers in the Vietnamese territory;

o/ Perform other responsibilities specified in this Law and other relevant regulations.

4. An organization creating and operating a large digital platform shall comply with Clause 3 of this Article and:

a/ Set up an advertisement storage using algorithms to target specific consumers and consumer groups;

b/ Carry out regular evaluation of content censorship activities, use of algorithmic systems and advertisements to target specific consumers and consumer groups;

c/ Carry out regular evaluation of the observance of regulations on handling of counterfeit accounts, the use of artificial intelligence, and semi-automated and fully-automated solutions.

5. The Government shall detail Clause 4 of this Article.

Article 40. Responsibility for publicization and removal of consumer warning information in cyberspace transactions

1. Contents of warning information to be publicized include:

a/ List of business organizations and individuals in cyberspace whose acts of infringing upon lawful rights and interests of consumers are handled in accordance with this Law and other relevant regulations;

b/ List of business organizations and individuals in cyberspace whose violations of the law on protection of consumer rights are handled by foreign authorities and have impacts on interests of Vietnamese consumers.

2. Responsibility for publicization of warning information is specified as follows:

a/ Ministries, ministerial-level agencies and provincial-level People’s Committees shall, within their law-provided competence, provide and publicize consumer warning information in cyberspace transactions under Clause 1 of this Article;

b/ Business organizations and individuals in cyberspace whose violations are handled in accordance with this Law and other relevant regulations shall provide information to competent state management agencies via information and reporting systems in accordance with law;

c/ Press agencies, socio-political organizations and social organizations participating in the protection of consumer rights shall publicize consumer warning information in cyberspace transactions in appropriate forms, ensuring consumers’ convenient access to such information. The publicization of such information must comply with this Law and other relevant regulations.

3. The Government shall detail this Article.

Section 2

CONTINUOUS SERVICE PROVISION

Article 41. Responsibilities of business organizations and individuals engaged in continuous service provision

1. Business organizations and individuals engaged in continuous service provision in the Vietnamese territory shall publicly notify their at-law representatives in Vietnam. If a business organization or individual engaged in continuous service provision in the Vietnamese territory has no at-law representative in Vietnam, it/he/she shall assign an authorized representative in Vietnam and publicly notify such representative. Its/his/her representative shall comply with the law on protection of consumer rights.

2. To refrain from requesting consumers to make any payments before services are provided to them, unless otherwise agreed upon by concerned parties.

3. To refrain from unilaterally terminating the contract performance or ceasing the service provision at variance with the contract or in contravention of law. In case repair or maintenance is required or there is a reason forcing it to cease service provision, to notify, before ceasing the service provision, consumers of the time of cessation of service provision and time of resumption of service provision at least 3 working days in advance, except force majeure cases.

4. To regularly examine service quality to ensure the quality of services it provides as committed with consumers.

5. To comply with Articles 37 and 38 of this Law, for the continuous service provision through distance transactions.

Article 42. Continuous service provision contracts

1. A continuous service provision contract must be made in writing with 1 copy to be provided to the consumer.

2. The model continuous service provision contract must have the contents specified in Clause 3, Article 23 of this Law and the following contents:

a/ Name, address, telephone number, other contact method (if any) of the business organization or individual or its/his/her Vietnam-based representative (if any);

b/ Description of the services to be provided;

c/ Time and duration of service provision;

d/ Accurate and adequate information on charges, expenses, modes of calculation of charges and expenses that are likely to arise and general transaction conditions to be applied when services are provided to consumers;

dd/ Notice of payment of charges for continued use of services in the agreed manner to be sent to consumers at least 7 working days before the service expires;

e/ Notice of the expiry date of the contract in the agreed manner to be sent at least 7 working days before the contract expires.

3. Unless otherwise agreed by the parties, the consumer may unilaterally terminate the performance of a continuous service provision contract at any time and notify thereof to the business organization or individual engaged in the service provision. When a consumer unilaterally terminates the performance of a contract, he/she shall only pay the service he/she has used.

Section 3

DIRECT SELLING

Article 43. Responsibilities of business organizations and individuals in door-to-door sale

1. Business organizations and individuals may carry out door-to-door sale:

a/ By themselves;

b/ Through their employees;

c/ Through hired or authorized representatives.

2. When carrying out door-to-door sale activities, an individual specified in Clause 1 of this Article shall:

a/ Introduce his/her name, telephone number, address, and head office of the business organization or individual in charge of the sale of the product or goods or provision of the service; provide customers with documents proving his/her relations with such business organization or individual;

b/ Refrain from insisting on selling the product or goods or providing the service after being refused by a customer;

c/ Explain to a customer in a complete, accurate and clear manner about contents of the contract and information related to the product, goods or service that a consumer is interested in.

3. Business organizations and individuals shall take responsibility for all activities of their door-to-door salespersons specified in Clause 1 of this Article.

Article 44. Door-to-door sale contracts

1. A door-to-door sale contract shall be made in writing with 1 copy to be provided to the consumer unless otherwise agreed upon by the parties.

2. In case a door-to-door selling contract is made in writing, the business organization or individual shall give the consumer at least 3 working days counting from the date the contract is concluded for the latter to reconsider his/her decision to perform the contract. Within this time limit, the consumer may unilaterally terminate the performance of the concluded contract and notify thereof to the business organization or individual.

3. In case a door-to-door sale contract is made in writing, a consumer himself/herself shall fill in the date of contract conclusion when concluding such contract.

Article 45. Responsibilities of multi-level marketing organizations and individuals

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

a/ To post documents on their operations at their head offices, branches, representative offices, business locations, websites, and application software (if any);

b/ To strictly observe operation rules and bonus plans;

c/ To issue invoices for goods sale transactions;

d/ To take back goods and refund individual participants in multi-level marketing or consumers at the latter’s request, provided such request is made within 30 days after the goods are received, goods packagings, stamps and labels remain intact, and the goods have not yet expired;

dd/ To take responsibility for individual participants’ multi-level marketing activities carried out at their head offices, branches, representative offices or business locations or at conferences, seminars or training courses they organize.

2. Individual participants in multi-level marketing have the following responsibilities:

a/ To produce their member cards before introducing or marketing goods for sale;

b/ To comply with contracts on multi-level marketing participation and rules of operation of multi-level marketing organizations;

c/ To refrain from taking advantage of their positions, powers, social positions or occupations to encourage, request, lure or induce other persons to participate in multi-level marketing networks or buy goods traded by the multi-level marketing mode.

3. The Government shall detail this Article.

Article 46. Contracts on multi-level marketing participation

1. Multi-level marketing organizations and individual participants in multi-level marketing shall conclude written contracts on multi-level marketing participation.

2. Contracts on multi-level marketing participation must satisfy the conditions on language and format specified in this Law and the law on multi-level marketing management.

Article 47. Responsibilities of business organizations and individuals in non-store retailing activities

1. Unless otherwise provided by law, when products or goods are sold or service are provided outside fixed transaction locations with a total value of over VND 10 million, a business organization or individual shall:

a/ Notify its/his/her name, address, contact telephone number, a projected sale location, contents of the sale program, sale methods, prices and products, goods or services to the commune-level People’s Committee of the locality where the sale of products or goods or provision of services is organized before carrying out the sales;

b/ Post information about itself/himself/herself and products, goods or services at the sale location;

c/ Maintain contact information, and settle customer feedback, requests and complaints when and after products or goods are sold or services are provided;

d/ Provide adequate, truthful and accurate information about its/his/her products, goods or services and operation;

dd/ Take back products, goods or services within 30 days after products or goods are sold or services are provided on the condition that packagings, labels and stamps (if any) remain intact and products or goods have not expired;

e/ Hand over invoices and documents of purchase and sale or delivery and receipt of products, goods or services;

g/ In case a contract for provision of the product, goods or service specified in this Article is made in writing, the business organization or individual shall hand over the contract to the consumer. Within 3 working days after receiving the contract, the consumer may decide to perform such contract or unilaterally terminate the performance of the concluded contract and notify thereof to the business organization or individual. Before this time limit expires, the business organization or individual may not request the consumer to make a deposit or an advance payment or perform the contract unless otherwise provided by law.

2. Commune-level People’s Committees shall receive notices, and monitor and inspect sales by business organizations and individuals according to notified contents specified in Clause 1 of this Article.

3. The Government shall detail this Article.

Chapter IV

CONSUMER RIGHTS PROTECTION ACTIVITIES OF THE VIETNAM FATHERLAND FRONT, SOCIO-POLITICAL ORGANIZATIONS AND SOCIAL ORGANIZATIONS

Article 48. Responsibilities of the Vietnam Fatherland Front and socio-political organizations

1. The Vietnam Fatherland Front has the following responsibilities:

a/ To conduct public communication for the People to firmly grasp and implement, the Party’s policies and guidelines, the State’s law on protection of consumer rights;

b/ To supervise the observance of provisions of the law on protection of consumer rights by state management agencies at all levels and business organizations and individuals; to make social criticisms on draft legal documents, plans, programs, projects and schemes of state agencies on protection of consumer rights.

2. Socio-political organizations have the following responsibilities:

a/ To perform the responsibilities specified in Clause 1 of this Article;

b/ To provide consultancy and assistance to their members and the People on issues related to the protection of consumer rights.

Article 49. Social organizations participating in the protection of consumer rights

1. Social organizations established and operating in accordance with the law on associations may participate in the protection of consumer rights.

2. Social organizations participating in the protection of consumer rights include social organizations with operational guidelines and objectives of participating in the protection of consumer rights and other social organizations participating in the protection of consumer rights.

3. Social organizations participating in the protection of consumer rights shall operate in accordance with this Law and other relevant laws.

4. The State encourages social organizations to participate in the protection of consumer rights. Social organizations participating in the protection of consumer rights shall perform a number of state-assigned tasks of protecting consumer rights and may receive the State’s financial support in accordance with the laws on the state budget, associations and other relevant laws.

Article 50. Activities of social organizations participating in the protection of consumer rights

1. Activities of social organizations participating in the protection of consumer rights include:

a/ Guiding, assisting and counseling consumers upon their requests;

b/ Providing competent state management agencies with information on business organizations and individuals’ violations of law;

c/ Giving opinions on the formulation of guidelines, policies, laws, plans, programs, projects and schemes on protection of consumer rights;

d/ Publicly communicating, disseminating and educating about guidelines, policies and laws on protection of consumer rights and relevant guidelines, policies and laws;

dd/ Assisting consumers and business organizations and individuals in the negotiation and mediation of their disputes in accordance with law upon their requests;

e/ Independently surveying and testing product, goods or service quality and announcing their survey and testing results in accordance with law; reporting and evaluating business organizations and individuals’ reliability coefficient in the cyberspace; notifying and warning consumers about products, goods or services and taking responsibility before law for such notification and warning; proposing competent state agencies to handle violations of the law on protection of
consumer rights;

g/ Representing consumers in initiating civil cases on protection of consumer rights upon requests or under authorization in accordance with law;

h/ Initiating by themselves civil cases on protection of consumer rights for public interests if the conditions specified in Clause 2 of this Article are satisfied;

i/ Providing training to improve consumers’ awareness and knowledge about consumption.

2. A social organization participating in the protection of consumer rights may itself initiate a civil lawsuit on protection of consumer rights for public interests when fully satisfying the following conditions:

a/ Having been lawfully established;

b/ Having operational guidelines and objectives for consumer rights or for public interests related to consumer rights;

c/ Having operated for at least 1 year counting from the date of its establishment to the date of initiation of the lawsuit;

d/ Operating at district or higher level.

Article 51. Rights of social organizations participating in the protection of consumer rights

1. To participate in inspection activities related to the protection of consumer rights at the request of competent state agencies.

2. To coordinate with agencies and organizations in participating in the protection of consumer rights.

3. To be notified by state management agencies of results of the receipt, processing and keeping of confidentiality of the information they provide or recommended.

4. To be provided with knowledge about, and skill training in, the protection of consumer rights.

5. To join international organizations for protection of consumer rights in accordance with the law on associations and other relevant laws.

6. To participate in programs, projects and subjects on research, consultancy, social criticism and assessment and other activities related to the protection of consumer rights at the request of competent state management agencies.

Article 52. Responsibilities of social organizations participating in the protection of consumer rights

1. To comply with this Law and other relevant laws.

2. To refrain from infringing upon interests of the State, and lawful rights and interests of organizations and individuals in the process of participation in the protection of consumer rights.

Article 53. Social organizations with operational guidelines and objectives of participating in the protection of consumer rights

1. Social organizations with operational guidelines and objectives of participating in the protection of consumer rights shall carry out the activities specified in Clause 1, Article 50 of this Law.

2. Social organizations with operational guidelines and objectives of participating in the protection of consumer rights shall carry out the activities specified at Points a, d, dd, e, g, h and i, Clause 1, Article 50 of this Law as assigned by competent management agencies.

3. Social organizations with operational guidelines and objectives of participating in the protection of consumer rights may not refuse to give advices to consumers and assist them in filing their grounded complaints.

Chapter V

SETTLEMENT OF DISPUTES BETWEEN CONSUMERS AND BUSINESS ORGANIZATIONS AND INDIVIDUALS

Section 1

GENERAL PROVISIONS

Article 54. Methods of settling disputes between consumers and business organizations and individuals

1. A dispute between a consumer and a business organization or individual shall be settled through:

a/ Negotiation;

b/ Mediation;

c/ Arbitration;

d/ Court.

2. Negotiation and mediation do not apply to cases of:

a/ Infringing upon national or public interests;

b/ Violating provisions of law on prohibitions or contravene social ethics;

c/ Causing damage to interests of many consumers, except cases where the number of consumers suffering damage can be fully determined.

3. Disputes between consumers and business organizations and individuals shall be settled in person, online or by other methods specified by relevant laws.

Article 55. Responsibility for provision of information and documents in the process of settlement of disputes between consumers and business organizations and individuals

1. Related agencies, organizations and individuals shall provide adequate, accurate and timely information and documents at the request of competent state agencies and social organizations participating in the protection of consumer rights in the process of settlement of disputes between consumers and business organizations and individuals in accordance with law.

2. Competent state agencies and social organizations participating in the protection of consumer rights shall keep confidential information and documents provided to them in accordance with law.

Section 2

NEGOTIATION

Article 56. Negotiation requests and receipt thereof

1. Consumers may send negotiation requests to business organizations and individuals.

2. Business organizations and individuals shall receive negotiation requests of consumers under Article 57 of this Law.

3. In case a business organization or individual fails to respond to a consumer’s negotiation request under Article 57 of this Law or refuses the negotiation without a plausible reason, the consumer may request a state management agency in charge of protection of consumer rights or social organization participating in the protection of consumer rights to provide assistance in the negotiation when his/her lawful rights and interests are infringed upon.

Article 57. Order and procedures for negotiation

1. A consumer shall send a negotiation request and relevant information and documents (if any) to a business organization or individual at its/his/her head office, branch, representative office or business location, via its/his/her website or by another contact method as announced or applied by the business organization or individual.

2. A business organization or individual shall receive a consumer’s negotiation request and negotiate with the consumer within 7 working days after receiving such request.

3. In the cases specified in Clause 3, Article 56 of this Law, a consumer shall send a request for negotiation assistance and relevant information and documents in person, by post or online to the state management agency in charge of protection of consumer rights or a social organization participating in the protection of consumer rights.

4. Within 7 working days after receiving the consumer’s request, the state management agency in charge of protection of consumer rights or social organization participating in the protection of consumer rights shall forward such request to the business organization or individual requested to negotiate with the consumer.

5. A business organization or individual shall negotiate with a consumer within 7 working days after receiving the latter’s negotiation request, and notify in writing negotiation results to the state management agency in charge of protection of consumer rights or social organization participating in the protection of consumer rights within 5 working days after the negotiation is completed.

6. In case of refusal of a consumer’s negotiation request, within 7 working after receiving such request, a business organization or individual shall reply in writing, clearly stating the reason for refusal.

Article 58. Cases of refusal to receive and settle a request for negotiation assistance

1. The requesting consumer is a minor or person who has lost his/her civil act capacity, has a limited civil act capacity or has a difficulty in cognizing and controlling his/her acts and has no lawful representative.

2. The negotiation assistance requester is neither a consumer nor a consumer’s lawful representative.

3. The requesting consumer fails to provide adequate information and documents to exactly identify related organizations and individuals or transaction-related evidences.

4. Contents of the request for negotiation assistance are beyond the competence of the state management agency in charge of protection of consumer rights or purposes, scope and field of operation of a social organization participating in the protection of consumer rights.

5. The request for negotiation assistance has been settled by the competent state agency in charge of, or a social organization participating in, the protection of consumer rights.

Article 59. Rights and responsibilities of involved parties in the process of negotiation

1. In the process of negotiation, consumers and business organizations and individuals have the following rights:

a/ To agree or refuse to participate in the negotiation in accordance with this Law;

b/ To choose negotiation time and form;

c/ To request negotiation suspension or termination;

d/ To request the negotiation to be kept confidential;

dd/ To freely express their will on negotiation contents;

e/ Other rights provided in this Law and other relevant laws.

2. In the process of negotiation, consumers and business organizations and individuals have the following responsibilities:

a/ To conduct negotiation in accordance with law and in compliance with social ethics, civic rights and responsibilities, and business culture;

b/ To truthfully present details of the dispute; to provide information and documents related to the dispute;

c/ To implement successful negotiation results on the principles of honesty and goodwill;

d/ Other responsibilities specified in this Law and other relevant laws.

Article 60. Negotiation results

1. Results of negotiations between business organizations or individuals and consumers shall be recorded in writing, unless otherwise agreed upon by parties participating in the negotiation.

2. In case negotiation results are recorded in writing, a negotiation record must have the following contents:

a/ Parties participating in the negotiation;

b/ Time and place of the negotiation;

c/ Negotiation contents;

d/ Negotiation results;

dd/ Other contents as agreed upon by parties participating in the negotiation in accordance with law.

3. In case negotiation results are recorded in writing, negotiation records must bear signatures or fingerprints of parties participating in the negotiation.

Section 3

MEDIATION

Article 61. Order and procedures for mediation

1. A business organization or individual and a consumer may reach agreement to select a third party to conduct mediation.

2. Order and procedures for mediation must comply with the law on mediation.

Article 62. Mediation principles

1. Assurance of objectivity, honesty, goodwill, equality, fairness and voluntariness, and no coercion and deception.

2. Mediators and parties participating in the mediation shall keep mediation-related information confidential, unless otherwise agreed upon by themselves or provided by law.

Article 63. Mediation organizations

1. Organizations mediating disputes between consumers and business organizations and individuals include:

a/ Social organizations participating in the protection of consumer rights;

b/ Mediation organizations specified in the laws on commercial mediation, grassroots mediation, and mediation at court;

c/ Other organizations with the function of mediating disputes between consumers and business organizations and individuals in accordance with law.

2. Mediation organizations specified at Points a and c, Clause 1 of this Article shall recognize and announce the List of qualified mediators in accordance with this Law and appoint mediators to conduct mediation at the parties’ request.

Article 64. Mediators

Mediators conducting the mediation of disputes between consumers and business organizations and individuals include:

1. Mediators specified in relevant laws on mediation;

2. Mediators of the organizations specified at Points a and c, Clause 1, Article 63 of this Law who are Vietnamese citizens fully satisfying the following conditions:

a/ Having full civil act capacity;

b/ Having good ethical quality and prestige and being honest;

c/ Having mediation skills, knowledge about the law on protection of consumer rights and other relevant laws;

d/ Not currently being examined for penal liability, or having been convicted without having had his/her criminal record expunged.

3. In case of a dispute between a consumer and a business organization or individual involving an ethnic minority person, it is required to have at least one mediator being an ethnic minority person or fluent in such ethnic minority’s language. In case there is no mediator satisfying the requirement specified in this Clause, the involved parties may themselves seek or request the mediator to seek an interpreter, unless otherwise agreed upon by the parties.

Article 65. Mediation results

1. When successful mediation results are obtained, the parties shall make a record of successful mediation results.

2. A record of successful mediation results, for the cases specified at Points a and c, Clause 1, Article 63 of this Law, must have the following contents:

a/ Mediating organization or person;

b/ Parties participating in the mediation;

c/ Time and place of the mediation;

d/ Mediation contents;

dd/ Opinions of parties participating in the mediation;

e/ Mediation results and solution(s) to implement mediation results;

g/ Time limit for implementing successful mediation results;

h/ Other contents agreed upon by the parties in accordance with law.

3. Records of mediation results must bear signatures or fingerprints of parties participating in the mediation, signatures of mediators, and certification stamps of mediating organizations (if any).

Article 66. Implementation and recognition of successful mediation results

1. Parties participating in the mediation shall implement successful mediation results within the time limit agreed in the record of successful mediation results.

2. One of the parties may request a court to issue a decision to recognize successful mediation results.

3. Requests for recognition and recognition of successful mediation results must comply with the civil procedure law.

Section 4

ARBITRATION

Article 67. Effect of arbitration clause

1. Before concluding a contract, a business organization or individual shall notify a consumer of the arbitration clause which is acceptable to the consumer.

2. In case a business organization or individual includes the arbitration clause in its model contract or general transaction conditions, when a dispute arises, a consumer may choose another dispute settlement method.

Article 68. Order and procedures for settlement of disputes by arbitration

Order and procedures for settlement of disputes by arbitration must comply with the law on commercial arbitration.

Article 69. Burden of proof

1. Consumers are obliged to provide evidence and proof to protect their lawful rights and interests in accordance with law, except for the proving of fault of business organizations and individuals.

2. Business organizations and individuals are obliged to prove that they are not at fault in causing damage in accordance with law.

Section 5

DISPUTE SETTLEMENT BY COURT

Article 70. Civil cases on protection of consumer rights

1. A civil case on protection of consumer rights is a case in which the plaintiff is a consumer or social organization participating in the protection of consumer rights in accordance with this Law. Courts shall settle civil cases on protection of consumer rights according to the order and procedures specified in the Civil Procedure Code.

2. A civil case on protection of consumer rights involving a transaction valued at under VND 100 million shall be settled according to summary procedures without having to satisfy the conditions specified in Clause 1, Article 317 of the Civil Procedure Code.

3. A civil case on protection of consumer rights not falling into any of the cases specified in Clause 2 of this Article shall be settled according to summary procedures if it fully satisfies the conditions specified in Clause 1, Article 317 of the Civil Procedure Code.

Article 71. Court fee for civil cases on protection of consumer rights

1. Court fee for civil cases on protection of consumer rights must comply with regulations on court fee and legal costs and this Law.

2. Consumers initiating civil cases to protect their lawful rights and interests and social organizations participating in the protection of consumer rights and representing consumers under authorization to initiate civil cases on protection of consumer rights are not required to advance court fee.

3. Social organizations participating in the protection of consumer rights that initiate civil cases on protection of consumer rights for public interests are not required to advance and pay court fee.

Article 72. Publicization of information on civil cases on protection of consumer rights for public interests initiated by social organizations participating in the protection of consumer rights

1. A social organization participating in the protection of consumer rights that initiates a civil case on protection of consumer rights for public interests shall publicize the court’s notice of acceptance of the case within 7 working days after the court accepts the case.

2. Notices of acceptance of cases shall be posted up at head offices and published on websites or application software (if any) of social organizations participating in the protection of consumer rights for at least 15 days.

3. Within 7 working days after the settlement of a case is completed, a social organization participating in the protection of consumer rights shall publicize the case settlement results by the mode and within the time limit specified in Clause 2 of this Article.

Article 73. Compensations for damage in civil cases on protection of consumer rights for public interests initiated by social organizations participating in the protection of consumer rights

1. The payment of compensations for damage and compensation beneficiaries in civil cases on protection of consumer rights for public interests initiated by social organizations participating in the protection of consumer rights must comply with court judgments or rulings.

2. In case compensation beneficiaries are unidentifiable, compensations for damage in civil cases on protection of consumer rights for public interests initiated by social organizations participating in the protection of consumer rights shall be used for common activities for consumer rights in accordance with the Government’s regulations.

Chapter VI

THE STATE MANAGEMENT OF PROTECTION OF CONSUMER RIGHTS

Article 74. Responsibility for state management of protection of consumer rights

1. The Government shall perform the unified state management of protection of consumer rights.

2. The Ministry of Industry and Trade shall act as the focal agency assisting the Government in performing the unified state management of protection of consumer rights.

3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, organize consumer rights protection activities in the fields under their management, and coordinate with the Ministry of Industry and Trade in performing the state management of protection of consumer rights.

4. People’s Committees at all levels shall, within the ambit of their tasks and powers, perform the state management of protection of consumer rights in their localities.

Article 75. Responsibilities of the Ministry of Industry and Trade

1. To promulgate according to its competence or propose competent state agencies to promulgate, and organize the implementation of, policies, laws, strategies, plans, projects, schemes, programs and activities at the national level on protection of  consumer rights; to promote sustainable production and consumption toward green economy or circular economy; to promote investment, production, distribution, export and import of environmentally friendly products and technologies, responsible business practices for consumers in conformity with the roadmap for international integration and implementation of relevant treaties.

2. To organize public communication and dissemination of, and education about, knowledge about and the law on protection of consumer rights; to provide counseling and assistance to consumers to help raise their awareness about the protection of consumer rights; to train human resources and provide professional refresher courses for the protection of consumer rights.

3. To survey and test product, goods or service quality and publicize survey and testing results; to provide information to and warn consumers about products, goods or services in the fields under its management.

4. To build a national database on protection of consumer rights.

5. To assign tasks to social organizations with operational guidelines and objectives of participating in the protection of consumer rights under Clause 2, Article 53 of this Law and relevant laws.

6. To manage consumer rights protection activities of social organizations participating in the protection of consumer rights and organizations engaged in mediation activities regarding the protection of consumer rights in accordance with law.

7. To formulate a mechanism for coordination with related ministries and ministerial-level agencies in organizing consumer rights protection activities according to its competence.

8. To request ministries, ministerial-level agencies and provincial-level People’s Committees to send regular and extraordinary reports on protection of consumer rights and summarize and submit such reports to competent state agencies.

9. To control model contracts and general transaction conditions according to its competence.

10. To inspect, examine and settle complaints and denunciations and handle violations of the law on protection of consumer rights according to its competence.

11. To carry out international cooperation in protection of consumer rights.

Article 76. Responsibilities of ministries and ministerial-level agencies

1. To perform the responsibilities specified in Clauses 1, 2, 3, 5, 6, 10 and 11, Article 75 of this Law in the fields under their management; to coordinate with the Ministry of Industry and Trade in performing the responsibilities specified in Clauses 4 and 9, Article 75 of this Law.

2. To assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade in, planning and carrying out consumer rights protection activities according to their competence in the fields under their management.

Article 77. Responsibilities of People’s Committees at all levels

1. Provincial-level People’s Committees shall:

a/ Perform the responsibilities specified in Clauses 1, 2, 3, 5, 6, 9, 10 and 11, Article 75 of this Law according to their competence in their localities; to coordinate with the Ministry of Industry and Trade in performing the responsibility specified in Clause 4, Article 75 of this Law;

b/ Promulgate regulations on coordination in the state management of protection of consumer rights, and receive and settle reports, requests and complaints of consumers in their localities;

c/ Provide professional guidance to district-level state management agencies in charge of protection of consumer rights to carry out contents related to the protection of consumer rights;

d/ Participate in international cooperation in protection of consumer rights according to their task assignment and power delegation or international cooperation with foreign localities sharing national borders with their localities in accordance with law.

2. District-level People’s Committees shall:

a/ Perform the responsibilities specified in Clause 10, Article 75 of this Law according to their competence in their localities;

b/ Publicly communicate, disseminate and educate about knowledge and the law on protection of consumer rights; provide counseling and assistance to consumers to help raise their awareness about the protection of consumer rights in their localities;

c/ Inspect operation of social organizations participating in the protection of consumer rights under their management in their localities;

d/ Manage marketplaces and department stores in their localities to protect consumer rights when the latter buy and use products, goods and services at these locations;

dd/ Provide professional guidance to commune-level People’s Committees to take necessary measures for protection of consumer rights when the latter buy and use products, goods and services of individuals engaged in commercial activities outside marketplaces and department stores;

e/ Report on results of the state management of protection of consumer rights in their localities regularly or at the request of superior competent state agencies;

g/ Promulgate regulations on coordination among district-level state agencies in the state management of protection of consumer rights.

3. Commune-level People’s Committees shall:

a/ Perform the responsibilities specified in Point b, Clause 2 of this Article in their localities;

b/ Inspect operation of management boards of marketplaces and traders operating marketplaces in their localities in observing contents of the protection of consumer rights stated in rules of their marketplaces in accordance with law. In case there are no management boards of marketplaces or marketplace-operating traders in their localities, commune-level People’s Committees shall take measures to protect consumer rights in marketplaces;

c/ Manage and inspect activities of individuals engaged in independent and regular commercial activities without having to make business registration who operate outside marketplaces and department stores in their localities in order to protect consumer rights;

d/ Receive notices of organizations carrying out non-store retailing and inspect and monitor non-store retailing activities in accordance with this Law;

dd/ Handle violations against the protection of consumer rights according to their competence and under regulations;

e/ Publicly communicate and encourage individuals to carry out commercial activities in marketplaces and department stores; create conditions for individuals to carry out commercial activities in marketplaces.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 78. To amend and supplement a number of articles of Civil Procedure Code No. 92/2015/QH13, which has a number of articles amended and supplemented under Code No. 45/2019/QH14, Law No. 59/2020/QH14, and Law No. 13/2022/QH15

1. To amend and supplement Point b, Clause 3, Article 191 as follows:

“b/ To accept a case according to normal procedures or according to summary procedures if such case is eligible for settlement according to summary procedures specified in Clause 1 or 5, Article 317 of this Code;”.

2. To amend and supplement a number of clauses of Article 317 as follows:

a/ To amend and supplement the first paragraph of Clause 1 as follows:

“1. Except the cases specified in Clause 5 of this Article, the court shall settle a case according to summary procedures when the following conditions are fully satisfied:”;

b/ To add Clause 5 below Clause 4 as follows:

“5. Conditions for application of summary procedures for settlement of civil cases on protection of consumer rights involving transactions valued at under VND 100 million each must comply with Clause 2, Article 70 of the Law on Protection of consumer rights.”.

Article 79. Effect

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

2. Law No. 59/2010/QH12 on Protection of Consumer Rights, which had a number of articles amended and supplemented under Law No. 35/2018/QH14, ceases to be effective from the effective date of this Law, except the cases specified at Point a, Clause 1, and Clause 2, Article 80 of this Law.

Article 80. Transitional provisions

1. For transactions between business organizations and individuals and consumers established before the effective date of this Law, the application of law is provided as follows:

a/ For transactions between business organizations and individuals and consumers that have not been conducted and have contents and forms other than those specified in this Law, Law No. 59/2010/QH12 on Protection of Consumer Rights, which had a number of articles amended and supplemented under Law No. 35/2018/QH14, continue to apply. In case the parties reach an agreement on modification or addition of transaction contents and forms, agreed contents must comply with this Law and apply this Law from its effective date.

For transactions between business organizations and individuals and consumers currently being conducted and having contents and forms other than those specified in this Law, Law No. 59/2010/QH12 on Protection of Consumer Rights, which had a number of articles amended and supplemented under Law No. 35/2018/QH14, applies;

b/ For transactions between business organizations and individuals and consumers that have not been conducted or are currently being conducted and having contents and forms consistent with this Law’s relevant provisions, this Law applies.

2. For model contracts and general transaction conditions that are publicized and applied to consumers before the effective date of this Law, the application of law is provided as follows:

a/ For model contracts and general transaction conditions other than those subject to registration under regulations, business organizations and individuals shall complete the modification or addition of contents and forms of their model contracts and general transaction conditions and publicize them in accordance with this Law before December 31, 2024;

b/ For model contracts and general transaction conditions subject to registration under regulations from the effective date of this Law, business organizations and individuals shall complete the registration of their model contracts and general transaction conditions in accordance with this Law before December 31, 2024.

This Law was passed on June 20, 2023, by the XV^th National Assembly of the Socialist Republic of Vietnam at its 5^th session.-

Chairman of the National Assembly
VUONG DINH HUE