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

 

LAW

                        CONSUMER RIGHTS PROTECTION        

On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts the Consumer Rights Protection Law.

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates principles and policies for consumer rights protection; rights and obligations of consumers; responsibilities of organizations and individuals engaged in business towards consumers; activities of agencies and organizations to protect consumer rights; resolution of disputes between consumers and organizations and individuals engaged in business; state management of consumer rights protection.

Article 2. Applicability

1. Consumers.

2. Organizations and individuals engaged in business.

3. Vietnam Fatherland Front; political-social organizations.

4. Political-social-professional organizations, social organizations, social-professional organizations (hereinafter referred to collectively as social organizations) participate in protecting consumer rights.

5. Agencies, organizations, and individuals within and outside the country related to consumer rights protection.

Article 3. Explanation of Terms

In this Law, the following terms shall be understood as follows:

1. Consumers are individuals, households, agencies, and organizations that purchase, use products, goods, and services for personal consumption and daily life purposes without commercial intent.

2. Organizations and individuals engaged in business are organizations and individuals continuously performing one or more stages of the process from investment, production to product distribution, including:

a) Business entities as defined by the Commercial Law;

b) Independent individuals engaging in regular trade activities without the need for business registration.

3. Consumer information includes personal information of consumers, information on the purchasing and usage processes of products, goods, and services by consumers, and other information related to transactions between consumers and organizations and individuals engaged in business.

4. Defective products, goods are products, goods that do not ensure safety for consumers, have the potential to cause harm to their lives, health, and property, but defects are not discovered at the time of supply to consumers despite being produced according to current technical standards and regulations, including:

a) Mass-produced products with defects arising from technical design;

b) Single products with defects arising from production, processing, transportation, storage, and usage;

c) Products, goods that pose a risk of safety issues during usage but lack adequate warnings and instructions for consumers.

5. Remote transactions are transactions conducted through cyberspace, electronic means, or other means where consumers cannot directly inspect or interact with products, goods, or services before participating in the transaction.

6. Continuous service provision refers to providing services for a period of three months or longer, or indefinitely.

7. Direct sales involves organizations and individuals engaged in business proactively approaching consumers to introduce and sell products, goods, and services, including the following forms:

a) Door-to-door sales involve selling products, goods, and providing services at the consumer's residence or workplace;

b) Multi-level marketing involves selling goods through a network of individuals organized in multiple levels and branches, where participants earn commissions, bonuses, and other economic benefits from their own sales and those of others in the network;

c) Non-fixed location sales involve introducing and selling products, goods, and providing services at locations that are not regular retail outlets, regularly introducing and providing services.

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

9. Influencers are experts, reputable individuals, or people of public interest in specific fields, industries, or professions as prescribed by the Government.

10. Sustainable consumption refers to using products, goods, and services effectively to meet personal, household, agency, and organizational consumption and daily life needs while minimizing negative environmental, economic, and social impacts.

Article 4. Rights of Consumers

1. To be guaranteed safety of life, health, dignity, reputation, property, protection of information, rights, and other legitimate interests when participating in transactions, using products, goods, and services provided by organizations and individuals engaged in business.

2. To be provided with invoices, certificates, and related documents to transactions; timely, accurate, and complete information about products, goods, services, transaction contents, origin, place of production of products, goods, services, and about organizations and individuals engaged in business.

3. To choose products, goods, services, organizations, and individuals engaged in business according to their needs and actual conditions; decide to participate or not participate in transactions; negotiate transaction contents with organizations and individuals engaged in business; to be provided with products, goods, and services consistent with the agreed terms.

4. To provide feedback to organizations and individuals engaged in business regarding prices, quality of products, goods, services, service style, transaction methods, and other contents related to transactions between consumers and organizations and individuals engaged in business.

5. To request organizations and individuals engaged in business to compensate for damages when products, goods have defects, products, goods, services do not meet technical standards, specifications, do not ensure safety, measurement, quantity, volume, quality, utility, price, or other contents as prescribed by law or do not match the registration, announcement, publication, display, advertisement, introduction, agreement, commitment of organizations and individuals engaged in business.

6. To participate in building policies and laws on protecting consumer rights.

7. To lodge complaints, file accusations, initiate lawsuits, or request social organizations to initiate lawsuits to protect their rights according to this Law and other relevant laws.

8. To receive advice, support, guidance on knowledge and skills in consuming products, goods, services.

9. To be facilitated in choosing a healthy and sustainable consumption environment.

10. To be protected when using public services according to this Law and other relevant laws.

11. Other rights as prescribed by law.

Article 5. Obligations of Consumers

1. To inspect products, goods before acceptance in accordance with the provisions of the law; to choose to consume products, goods with clear origin and place of production.

2. To consume without violating the law, contrary to customs, traditions, and social morals, not infringing upon national interests, ethnic interests, public interests, not causing harm to life, health, property of oneself and others.

3. To comply with transportation, storage, usage conditions, instructions for products, goods, services; regulations on inspection, environmental protection, sustainable consumption as prescribed by law.

4. To promptly and accurately inform state agencies, organizations, and individuals concerned when discovering products, goods, services circulating in the market that do not ensure safety, causing damage or threatening to cause damage to the life, health, dignity, reputation, property of consumers; actions of organizations and individuals engaged in business infringing upon the rights and legitimate interests of consumers.

5. To bear responsibility for providing inaccurate or incomplete information related to transactions between consumers and organizations and individuals engaged in business as prescribed by law.

6. Other obligations as prescribed by law.

Article 6. Principles for Protecting Consumer Rights

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

2. The legitimate rights and interests of consumers shall be recognized, respected, guaranteed, and protected in accordance with the provisions of the law.

3. Protection of consumer rights must be proactively implemented promptly, fairly, transparently, and in compliance with the law.

4. Activities to protect consumer rights shall not infringe upon the interests of the State, the legitimate rights and interests of business organizations and individuals, and other organizations and individuals.

5. Ensure equality, non-discrimination based on gender, voluntariness, no violation of the law, and no contravention of social customs and morals in transactions between consumers and business organizations and individuals.

Article 7. State Policy on Protecting Consumer Rights

1. Create favorable conditions for consumers, agencies, organizations, and other individuals to fully exercise their rights and fulfill their obligations, and to promote their initiative in activities to protect consumer rights; encourage and honor consumers and other organizations and individuals participating in protecting consumer rights.

2. Encourage and support business organizations and individuals to research, apply, develop science and technology, and innovate in activities to protect consumer rights.

3. Create favorable conditions to mobilize investment resources for material infrastructure, human resource development for agencies and organizations implementing consumer protection work and related agencies and organizations; encourage and promote socialization in consulting, supporting, disseminating, popularizing policies, laws, knowledge, and guidance on skills for protecting consumer rights.

4. Protecting consumer rights is linked to promoting responsible business practices, diversifying modern distribution channels, and building an independent and self-reliant economy.

5. Promote integration, expand international cooperation, share information and experience in protecting consumer rights.

6. Enhance business ethics, form a safe, civilized, healthy, and sustainable consumption culture; strictly and promptly handle acts infringing upon consumer rights.

7. Promote sustainable production and consumption, including the following activities:

a) Encourage and promote investment, production, circulation, distribution, export, import of environmentally friendly products, goods, services, and technologies towards green and circular economies to enhance consumer benefits.

b) Support organizations and individuals in applying and developing advanced science and technology, barcode, traceability to produce, supply safe products, goods, services, ensuring quality, enhancing the competitiveness of products, goods, services.

c) Actively and responsibly participate in activities promoting sustainable production and consumption at regional and global levels.

Article 8. Protection of Vulnerable Consumers' Rights

1. Vulnerable consumers are consumers who are more susceptible to adverse impacts regarding access to information, health, property, dispute resolution at the time of purchasing or using products, goods, services, including:

a) Elderly persons as defined by the law on elderly persons;

b) Persons with disabilities as defined by the law on persons with disabilities;

c) Children as defined by the law on children;

d) Ethnic minority people; people living in ethnic minority areas and mountainous regions, islands, areas with difficult socio-economic conditions, and extremely difficult socio-economic conditions as defined by the law;

đ) Pregnant women or women nursing children under 36 months old;

e) People suffering from serious illnesses as defined by the law;

g) Members of poor households as defined by the law.

2. Protection of vulnerable consumers' rights shall be carried out as follows:

a) Vulnerable consumers shall be ensured consumer rights as stipulated in this Law and preferential rights and policies according to relevant laws;

b) Business organizations and individuals shall take the initiative and bear responsibility for organizing the implementation of the provisions of Clause 3 of this Article;

c) When vulnerable consumers request protection accompanied by evidence and documents proving that they are vulnerable consumers and that their rights have been infringed upon, business organizations and individuals must prioritize receiving and handling such requests and not transfer them to third parties for resolution unless those third parties have related obligations. In case of refusal to resolve the request of vulnerable consumers, business organizations and individuals must respond in writing, clearly stating the legal basis and the inconsistency with the published policy content as stipulated in Clause 3 of this Article;

d) Business organizations and individuals must compensate for damages according to civil law regulations for vulnerable consumers when they delay, refuse priority, or refuse to accept and handle requests from consumers as stipulated in Point c of this Clause;

đ) State management agencies for protecting consumer rights, political-social organizations, and social organizations must ensure priority in receiving and handling requests from vulnerable consumers and guide vulnerable consumers to provide evidence and documents about the infringement of their rights;

e) State management agencies for protecting consumer rights, political-social organizations, and social organizations have the responsibility to guide, inspect, supervise, and handle violations by business organizations and individuals during the process of implementing responsibilities as stipulated in Clause 3 of this Article in accordance with their authority as prescribed by law.

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

a) Ensure the exercise of vulnerable consumers' rights during the purchase and sale of products, goods, and provision of services in accordance with the law;

b) Apply complaint and dispute resolution mechanisms in accordance with the law suitable for each category of vulnerable consumers.

c) Shall not refuse to address the request for protection of vulnerable consumers as stipulated in point c, Clause 2 of this Article due to differences in language, writing, customs, and traditions;

d) Combat discrimination, unfair treatment, and exploitation of vulnerability to infringe upon the rights and legitimate interests of consumers during the transaction process;

Develop and promulgate procedures, formalities, methods, or measures suitable for each category of vulnerable consumers to ensure their right to lodge complaints, seek resolution of disputes, and other rights;

Build, update, and publicly disclose to vulnerable consumers the contents prescribed in this Clause through posting at the headquarters, business locations, or uploading on electronic information websites, application software (if available), and train their employees on these contents;

The obligations prescribed in this point shall not be mandatory for individuals engaged in independent, regular commercial activities without business registration, micro and small enterprises as defined by law, except when such enterprises conduct transactions as specified in Chapter III of this Law;

Other responsibilities as prescribed by this Law and other relevant laws;

Article 9. Protection of consumer rights in transactions with individuals engaged in independent, regular commercial activities without business registration;

1. Individuals engaged in independent, regular commercial activities without business registration as provided for in this Law shall only undertake the following responsibilities:

Ensure safety, measurement, quantity, weight, quality, and utility of products, goods, and services they sell or provide to consumers;

Shall not sell or provide consumers with products, goods, or services that violate the law, contravene social customs and morals, and ethical norms;

Provide accurate and complete information about products, goods, and services they sell or provide to consumers;

Exchange goods for consumers or refund money and reclaim goods from consumers in cases where the goods sold or provided do not meet the safety, measurement, quantity, weight, quality, and utility as communicated;

Comply with decisions to recall products or goods in cases where the products or goods sold or provided fall under the scope of recall; bear costs for destroying products or goods in cases where destruction is required according to the decision of competent authorities;

Other responsibilities as prescribed by the Government;

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

3. Based on the provisions of this Law, Government regulations, and specific local conditions, People's Committees at the commune level, market management boards, and commercial zones shall implement specific measures to ensure the safety, measurement, quantity, weight, quality of products, goods, and services, and protect the legitimate rights and interests of consumers when purchasing and using products, goods, and services from individuals engaged in independent, regular commercial activities without business registration.

Article 10. Prohibited Acts in Protecting Consumer Rights

1. Organizations and individuals engaged in business operations are strictly prohibited from performing the following acts:

a) Deceiving or causing confusion for consumers through the provision of false, incomplete, or inaccurate information regarding any of the following: products, goods, services sold or provided by organizations and individuals engaged in business operations; reputation, business capacity, product supply capacity of organizations and individuals engaged in business operations; transaction contents and characteristics between consumers and organizations and individuals engaged in business operations; images, documents, certificates issued by state agencies regarding products, goods, services, or organizations and individuals engaged in business operations;

b) Harassing consumers through direct or indirect contact actions contrary to the wishes of consumers to introduce products, goods, services, organizations, and individuals engaged in business operations, propose contract formation, or other actions that hinder consumers' normal work and life activities;

c) Forcing consumers to purchase products, goods, services against their will through the use of force, threats of force, or similar actions;

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

đ) Failing to compensate, refund money, or replace products, goods, services for consumers due to mistakes made by organizations and individuals engaged in business operations;

e) Failing to compensate, refund money, or replace products, goods, services for consumers when such products, goods, services do not match the registration, announcement, publication, display, advertisement, introduction, contract formation, commitment of organizations and individuals engaged in business operations;

g) Swapping, cheating on products, goods, services during delivery, service provision to consumers;

h) Failing to publicly disclose or announce in advance the sponsorship of influential persons under any form to use their images, advice, recommendations to promote trade or encourage consumers to buy, use products, goods, services;

i) Blocking consumers from inspecting products, goods, services, except where otherwise provided by law;

k) Requiring consumers to purchase additional products, goods, services as a mandatory condition for contract formation against the will of consumers;

l) Including terms prohibited under Article 25 of this Law in contracts concluded with consumers, standard contracts, general trading conditions;

m) Collecting, storing, using, modifying, updating, or deleting consumer information in violation of the provisions of the law.

2. Organizations and individuals involved in multi-level marketing sales are strictly prohibited from performing the following acts:

a) Requiring others to deposit, pay a certain amount of money, or purchase a specific quantity of goods to participate in multi-level marketing sales;

b) Providing misleading information, causing confusion for consumers and individuals participating in multi-level marketing sales;

c) Engaging in multi-level marketing sales without a certificate of registration for multi-level marketing sales activities; organizing promotional activities about multi-level marketing sales activities without a certificate of registration for multi-level marketing sales activities;

d) Engaging in multi-level marketing sales for services or other forms that are not goods sales transactions, except where otherwise provided by law;

đ) Developing a multi-level marketing sales network based on non-sales transactions;

e) Performing the acts specified in Clause 1 of this Article.

3. Organizations and individuals establishing, operating, and providing digital platform services are strictly prohibited from performing the following acts:

a) Forcing or preventing consumers from registering to use or using another intermediary digital platform as a mandatory condition for using services;

b) Limiting consumer choice rights through prioritizing product, goods, service selection among organizations and individuals engaged in business operations provided on the digital platform without publicly disclosing selection criteria;

c) Using measures to block or display unfairly consumer feedback, evaluations of products, goods, services, organizations, and individuals engaged in business operations on the digital platform, except where such feedback, evaluations violate legal provisions or social morals;

d) Using measures to prevent registration, operation, evaluation, and display of feedback from social organizations participating in protecting consumer rights;

đ) Preventing consumers from uninstalling pre-installed software or applications without affecting the basic technical functions necessary for the digital platform's normal operation or forcing consumers to install accompanying software or applications on the digital platform;

e) Performing the acts specified in Clause 1 of this Article.

4. Organizations and individuals are strictly prohibited from exploiting consumer protection to infringe upon the interests of the State, the legitimate rights and interests of other organizations and individuals;

5. The Government shall provide detailed regulations on Clause 2 of this Article.

Article 11. Requesting state agencies to handle violations of law related to consumer rights

1. In cases where acts violating laws on protecting consumer rights and other provisions of law concerning consumer rights are discovered, consumers, organizations, and individuals concerned have the right to directly request or submit a written request to competent state agencies for handling in accordance with the law.

2. Competent state agencies shall be responsible for receiving and resolving requests from consumers, organizations, and individuals concerned in accordance with their functions, tasks, powers, and assigned areas.

3. In cases where the state management agency for protecting consumer rights receives a request as stipulated in Clause 1 of this Article which falls within the jurisdiction of another state agency, it shall be responsible for transferring the request to that agency and informing the consumers, organizations, and individuals concerned.

4. Consumers, organizations, and individuals concerned shall be responsible for providing information and evidence regarding acts of law violation by business organizations and individuals.

Article 12. International cooperation in protecting consumer rights

1. International cooperation in protecting consumer rights shall be carried out on the principle of respecting independence, sovereignty, territorial integrity of states, non-interference in each other's internal affairs, equality and mutual benefit, in compliance with the Constitution, laws of Vietnam, and international treaties to which the Socialist Republic of Vietnam is a member.

2. In cases where the Socialist Republic of Vietnam has not yet become a member of relevant international treaties, international cooperation in protecting consumer rights shall be conducted on the principle of reciprocity but must not contravene the Constitution, laws of Vietnam, and conform to international law and practice.

3. The scope of international cooperation in protecting consumer rights includes consultation, exchange of information and documents, acceptance and resolution of disputes, handling of acts infringing upon consumer rights, or other forms of international cooperation in accordance with Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a member.

Article 13. Consumer Rights Day in Vietnam

1. March 15th of every year is Consumer Rights Day in Vietnam.

2. The Government shall stipulate the organization and implementation of activities to mark Consumer Rights Day in Vietnam.

Chapter II

RESPONSIBILITIES OF BUSINESS ORGANIZATIONS AND INDIVIDUALS TOWARDS CONSUMERS

Article 14. Ensuring safety, measurement, quantity, weight, quality, utility of products, goods, services sold or provided to consumers

1. Business organizations and individuals must ensure the safety, measurement, quantity, weight, quality, utility of products, goods, services sold or provided to consumers in accordance with the contents registered, announced, published, posted, advertised, introduced, contracted, committed, or as prescribed by law.

2. Business organizations and individuals must warn about products, goods, services that may cause safety hazards, adversely affect the lives, health, property of consumers, and inform about preventive measures as prescribed by law.

Article 15. Protection of Consumer Information

1. Organizations and individuals engaged in business activities that collect, store, use, modify, update, or delete consumer information themselves or through third parties must ensure the security and safety of consumer information in accordance with the provisions of this Law and other relevant laws.

2. In cases where organizations and individuals engaged in business activities entrust or hire third parties to collect, store, use, modify, update, or delete consumer information, they must obtain the consent of the consumers. The delegation or hiring of third parties must be carried out in writing, clearly defining the scope and responsibilities of each party in protecting consumer information in accordance with the provisions of this Law and other relevant laws.

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

Article 16. Establishment of Rules for Protecting Consumer Information

1. Except where otherwise provided by law, organizations and individuals engaged in business activities collecting, storing, or using consumer information must establish rules for protecting information applicable to all consumers, including the following contents:

a) Purpose of collecting information;

b) Scope of using information;

c) Duration of storing information;

d) Measures to protect information and ensure the security of consumer information.

2. The contents specified in Clause 1 of this Article must be publicly disclosed by organizations and individuals engaged in business activities in a visible location at their headquarters, business premises, and on their websites or application software (if available), facilitating access by consumers before or at the time of collecting information.

Article 17. Notification when Collecting and Using Consumer Information

1. Organizations and individuals engaged in business activities must clearly and publicly notify consumers about the purpose, scope of collecting and using information, and the duration of storing consumer information prior to implementation and must obtain the consent of the consumers, except in the cases stipulated in Clause 3 of this Article.

2. Organizations and individuals engaged in business activities must establish clear methods for consumers to choose the scope of information they agree to provide and express their consent or disagreement, except in the cases stipulated in Clause 3 of this Article, Point b and Point c of Clause 3 of Article 18 of this Law.

3. Organizations and individuals engaged in business activities are not required to fulfill the obligations stipulated in Clause 1 of this Article when collecting information that has been publicly disclosed by consumers or in other cases as prescribed by law.

Article 18. Use of Consumer Information

1. Before organizations and individuals engaged in business activities change the purpose or scope of using information already notified to consumers, they must re-notify and obtain the consent of the consumers regarding the changes.

2. The use of consumer information as prescribed in this Law includes sharing, disclosing, and transferring consumer information to third parties.

3. Organizations and individuals engaged in business activities must use consumer information accurately and appropriately within the purposes and scopes already notified and must obtain the consent of the consumers, except in the following cases:

a) There is a separate agreement with consumers regarding purposes and scopes of use beyond those already notified;

b) To sell, provide products, goods, or services according to the requests of consumers and only within the scope of information agreed upon by the consumers;

c) To perform obligations as prescribed by law.

4. Organizations and individuals engaged in business activities collecting and using consumer information must have mechanisms allowing consumers to choose whether to permit or prohibit the following actions:

a) Sharing, disclosing, or transferring information to third parties, except in cases where organizations and individuals engaged in business activities transfer collected information in compliance with the provisions of this Law and other relevant laws to third parties for storage or analysis to serve the business operations of the transferring party, and both parties have a written agreement whereby the third party is responsible for protecting consumer information in accordance with the provisions of this Law;

b) Using consumer information for advertising, promoting products, goods, services, and other commercial activities.

Article 19. Ensuring the Safety and Security of Consumer Information

1. Organizations and individuals engaged in business must ensure the safety and security of consumer information that they collect, store, and use, and take measures to prevent the following acts:

a) Illegally stealing or accessing information;

b) Illegally using information;

c) Illegally modifying, updating, or deleting information.

2. Organizations and individuals engaged in business must accept and resolve complaints, requests, and grievances from consumers related to the illegal collection of information, improper use beyond the notified purposes and scope.

3. In cases where the information system is attacked, posing a risk of compromising the safety and security of consumer information, organizations and individuals engaged in business or third parties storing such information must report to the competent state management agency within twenty-four hours from the time of discovery of the attack on the information system and implement necessary measures to ensure the safety and security of consumer information in accordance with laws on cybersecurity, information security, electronic transactions, and other relevant laws.

Article 20. Inspection, Modification, Update, Deletion, Transfer, and Suspension of Transfer of Consumer Information

1. Consumers have the right to request organizations and individuals engaged in business to perform inspections, modifications, updates, deletions, transfers, or suspensions of transfers of their information to third parties.

2. Organizations and individuals engaged in business are responsible for implementing consumer requests as stipulated in Clause 1 of this Article or providing consumers with tools and information to self-perform according to the law.

3. Organizations and individuals engaged in business must delete consumer information when the storage period expires as stipulated in Point c Clause 1 of Article 16 of this Law or other relevant laws.

Article 21. Provision of Information on Products, Goods, Services, Standard Contracts, and General Trading Conditions to Consumers

Organizations and individuals engaged in business shall be responsible for the following:

1. Providing accurate and complete information on the following contents:

a) Products, goods, services, including: measurement, quantity, volume, quality, utility, price, origin of goods, shelf life, fees, costs, delivery methods, delivery deadlines, transportation, payment methods;

b) Organizations and individuals engaged in business;

c) Consumer reviews and evaluations of products, goods, services, organizations, and individuals engaged in business (if any);

2. Implementing product labeling truthfully, clearly, accurately, reflecting the true nature of the goods in accordance with the law;

3. Displaying prices in accordance with the law on pricing;

4. Providing information on the availability of replacement parts and accessories for products and goods;

5. Providing usage instructions; warranty policies as stipulated in Article 30 of this Law in cases where products, goods, and services come with warranties;

6. Transparency in information about components, functions, and differential benefits of products and services produced specifically for each gender;

7. Accurately and fully informing consumers about standard contracts and general trading conditions before conducting transactions.

Article 22. Liability of Third Parties in Providing Information about Products, Goods, and Services to Consumers

1. In cases where organizations or individuals engaged in business provide information about products, goods, and services to consumers through third parties, such third parties shall have the following responsibilities:

a) Ensuring the provision of accurate and complete information about the products, goods, and services provided by organizations or individuals engaged in business and related rating programs (if any);

b) Requesting organizations or individuals engaged in business to provide information, documents, and means to prove the accuracy and completeness of the information about products, goods, and services;

c) Being jointly liable for providing inaccurate or incomplete information about products, goods, and services, except in cases where it can be proven that all measures prescribed by law have been taken to verify the accuracy and completeness of the information about products, goods, and services;

d) Implementing other provisions of relevant laws.

2. In cases where organizations or individuals engaged in business provide information about products, goods, and services to consumers through media channels, the owners of media channels and service providers shall have the following responsibilities:

a) Implement the provisions of Clause 1 of this Article.

b) Developing, implementing technical solutions to prevent their managed media and services from being used for the purpose of harassing consumers;

c) Refusing to allow organizations or individuals engaged in business to use their managed media and services to harass consumers;

d) Ceasing to allow organizations or individuals engaged in business to use their managed media and services to carry out acts of harassing consumers upon request of competent state authorities.

3. In cases where organizations or individuals engaged in business provide information about products, goods, and services through influential persons, such influential persons shall have the following responsibilities:

a) Implement the provisions of Clause 1 of this Article.

b) Informing consumers in advance about their sponsorship to provide information about products, goods, and services.

Article 23. Contracts with Consumers, Standardized Contracts, and General Terms of Transaction

1. The form of contracts with consumers, standardized contracts, and general terms of transaction shall be implemented in accordance with the provisions of civil law and other relevant laws.

2. The language and form of contracts with consumers, standardized contracts, and general terms of transaction must be clearly expressed and easily understandable when in writing.

The language used in contracts with consumers, standardized contracts, and general terms of transaction shall be Vietnamese. The parties may agree to use additional ethnic languages of Vietnam or foreign languages. In case of discrepancies between the Vietnamese version and the version in another ethnic language of Vietnam or a foreign language, the version more favorable to the consumer shall be given priority.

3. Standardized contracts must include the following basic contents:

a) Information of the parties in the contract including: name, address, telephone number, other contact methods (if any);

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

c) Measurement, quantity, volume, quality, utility, price of the products, goods, and services sold or provided, and components constituting the final price of the products, goods, and services if the law requires the disclosure of the price components of the products, goods, and services;

d) Payment method and payment period;

đ) Time, place, and method of selling or providing products, goods, and services;

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

g) Responsibility for protecting consumer information;

h) Circumstances for terminating the contract and liabilities arising from the termination of the contract;

i) Force majeure as defined by law;

k) Dispute resolution methods;

l) Contract formation time and duration of the contract.

4. In addition to the basic contents stipulated in Clause 3 of this Article, standardized contracts must comply with other relevant legal provisions.

5. The Government shall provide detailed regulations on Clause 2 of this Article.

Article 24. Interpretation of contracts concluded with consumers, standard form contracts, and general terms and conditions

In cases where there are different understandings regarding the content of contracts concluded with consumers, standard form contracts, and general terms and conditions, the interpretation shall be made in favor of the consumer.

Article 25. Prohibited clauses in contracts concluded with consumers, standard form contracts, and general terms and conditions

In contracts concluded with consumers, standard form contracts, and general terms and conditions, business organizations and individuals are not allowed to stipulate the following clauses:

1. Limiting or excluding liability prescribed by law for business organizations and individuals towards consumers, except where laws provide otherwise for such liability to be limited or excluded;

2. Limiting or excluding the right of consumers to lodge complaints or initiate lawsuits;

3. Allowing business organizations and individuals to unilaterally change provisions of a contract already concluded with consumers;

4. Allowing business organizations and individuals to unilaterally change general terms and conditions without providing consumers with the right to terminate the contract;

5. Allowing business organizations and individuals to unilaterally determine that consumers have failed to fulfill one or more obligations;

6. Allowing business organizations and individuals to specify or change prices at the time of product delivery, goods supply, or service provision, except where laws provide otherwise;

7. Allowing business organizations and individuals to change prices during continuous service provision without providing consumers with the right to terminate the contract;

8. Allowing business organizations and individuals to interpret contracts or general terms and conditions when there are different understandings about their provisions;

9. Excluding liability of business organizations and individuals when selling products, goods, or providing services through third parties;

10. Requiring consumers to comply with responsibilities when business organizations and individuals fail to fulfill their own responsibilities;

11. Allowing business organizations and individuals to transfer responsibilities to third parties without the consent of consumers, except where laws provide otherwise;

12. Specifying sanctions in a manner disadvantageous to consumers due to breach or termination of the contract;

13. Allowing business organizations and individuals to extend contracts agreed upon with consumers without specifying prior notice responsibility or mechanisms for consumers to choose between extending or terminating the contract;

14. Requiring consumers to agree to business organizations and individuals collecting, storing, and using consumer information as a condition for concluding contracts or general terms and conditions, except where laws provide otherwise;

15. Stipulating provisions contrary to the principle of good faith under civil law regulations, leading to an imbalance in rights and obligations between the parties to the detriment of consumers.

Article 26. Performance of Standard Form Contracts

1. Business organizations and individuals must allow consumers reasonable time to review the standard form contract before concluding it.

2. Business organizations and individuals must retain the standard form contract concluded until it becomes ineffective. In case the contract held by the consumer is lost or damaged, within seven working days from receiving the request from the consumer, the business organization or individual has the responsibility to provide a copy of the contract.

3. Standard form contracts must be publicly disclosed by business organizations and individuals through posting in visible locations at their headquarters or business premises, and uploading on their websites or application software (if available), so that consumers can know the content of the contract before concluding it or making advance payments or deposits.

Article 27. Implementation of General Trading Conditions

1. Organizations and individuals engaged in business using general trading conditions shall be responsible for making such conditions public and must allocate reasonable time for consumers to study the general trading conditions before engaging in transactions.

2. General trading conditions must clearly specify the effective date and must be publicly displayed in visible locations at their headquarters, business premises, and posted on electronic information websites, application software (if available) so that consumers can know about the content of the general trading conditions.

3. General trading conditions shall only be effective for consumers if such conditions have been made public for consumers to know about them prior to engaging in transactions.

Article 28. Control of Standard Contracts and General Trading Conditions

1. Organizations and individuals engaged in the sale and provision of products, goods, and services frequently purchased and used by a large number of consumers, which directly and continuously affect consumers, must register standard contracts and general trading conditions with state management agencies responsible for protecting consumer rights before using them to conclude contracts with consumers.

Based on economic and social conditions and the need to protect consumer rights during each period, the Prime Minister shall issue and amend the List of Products, Goods, and Services Required to Register Standard Contracts and General Trading Conditions as stipulated in this Article.

2. State management agencies responsible for protecting consumer rights may themselves or upon request from consumers or consumer protection organizations acting under authorization from consumers require organizations and individuals engaged in business to cancel or modify standard contracts and general trading conditions when they discover that such contracts and conditions violate consumer rights.

3. The determination of the legal consequences of canceling or modifying standard contracts and general trading conditions already established with consumers in specific transactions shall be carried out according to the provisions of civil law.

4. Sectoral and field management agencies within the scope of their tasks and powers shall be responsible for coordinating with state management agencies responsible for protecting consumer rights in controlling standard contracts and general trading conditions as stipulated in this Article.

5. The Government shall provide detailed regulations on this matter.

Article 29. Provision of Transaction Evidence

1. Organizations and individuals engaged in business shall be responsible for providing consumers with invoices, certificates, and related documents to transactions in accordance with the law or at the request of consumers.

2. In cases of online transactions, organizations and individuals engaged in business shall be responsible for facilitating consumers' access, downloading, storing, and printing invoices, certificates, and related documents as stipulated in Clause 1 of this Article.

Article 30. Warranty for Products, Goods, Spare Parts, and Accessories

1. Products, goods, spare parts, and accessories are warranted according to the agreement of the parties or are required to be warranted under the provisions of the law.

2. In cases where products, goods, spare parts, and accessories are warranted, organizations and individuals engaged in business shall be responsible for the following:

a) Publicly announcing the warranty policy. The warranty policy includes the following main contents: the effective date, duration, content, scope, method of implementing the warranty, and situations excluding the warranty responsibility of organizations and individuals engaged in business;

b) Accurately and fully fulfilling the warranty responsibilities for products, goods, spare parts, and accessories provided by themselves;

c) Providing consumers with a warranty acceptance document or equivalent form, specifying the warranty implementation time. The warranty implementation time does not count towards the warranty period for products, goods, spare parts, and accessories.

In cases where organizations and individuals engaged in business replace spare parts or accessories, the warranty period for those spare parts or accessories will be recalculated from the replacement date.

In cases where organizations and individuals engaged in business exchange new products or goods, the warranty period for those products or goods will be recalculated from the exchange date.

d) Providing consumers with similar products, goods, spare parts, or accessories for temporary use or appropriate solutions agreed between consumers and organizations or individuals engaged in business during the warranty implementation period;

đ) Exchanging new similar products, goods, spare parts, or accessories or recovering products, goods, spare parts, or accessories and refunding money to consumers if the warranty implementation period has expired without repair or fault resolution, or if the product, good, spare part, or accessory has been repaired three or more times during the warranty period without fault resolution;

e) Bearing the costs of repairing and transporting products, goods, spare parts, or accessories from the consumer's residence or place of use to the warranty location and from the warranty location back to the consumer's residence or place of use;

g) Being responsible for the warranty of products, goods, spare parts, or accessories for consumers even in cases where they entrust or hire other organizations or individuals to perform the warranty.

Article 31. Responsibility for receiving and resolving consumer complaints, requests, and appeals

1. Organizations and individuals engaged in business have the responsibility to organize the reception and resolution of consumer complaints, requests, and appeals.

2. Organizations and individuals engaged in business have the responsibility to notify consumers about the receipt of their complaints, requests, and appeals within three working days from the date of receipt.

3. Organizations and individuals producing, importing products, goods, or directly selling, providing products, goods, and services to consumers have the responsibility to establish and publicize procedures for receiving and resolving consumer complaints, requests, and appeals in a visible location at their headquarters, business premises, and on their electronic information websites, application software (if available).

The provisions of this clause shall not be mandatory for independent traders who regularly engage in commerce without registering for business and all micro enterprises as defined by law.

Article 32. Responsibilities regarding defective products and goods

1. When discovering defective products or goods, organizations and individuals engaged in business shall have the following responsibilities:

a) To recall and handle defective products or goods according to Article 33 of this Law and other relevant laws;

b) To implement necessary measures to protect consumer rights during the recall and handling of defective products or goods;

c) To report to the competent state management agency for protecting consumer rights and related agencies before and after carrying out the recall; to carry out the recall in accordance with the reported and announced content and bear any costs incurred during the recall process.

2. Provincial-level state management agencies for protecting consumer rights and provincial-level specialized agencies where the recall of defective products or goods takes place shall have the responsibility to monitor and ensure that the recall is carried out according to the reported and announced content, safeguarding the legitimate rights and interests of consumers and complying with legal regulations.

In cases where the recall of defective products or goods is conducted across two or more centrally-administered provinces or cities, central-level state management agencies for protecting consumer rights and related central-level agencies shall have the responsibility to monitor and oversee the process.

3. The Government shall provide detailed regulations on this Article.

Article 33. Recall of Defective Products and Goods

1. Defective products and goods include:

a) Group A defective products and goods are those capable of causing harm to consumers' lives and health;

b) Group B defective products and goods are those capable of causing damage to consumers' property;

c) Products and goods capable of causing harm to consumers' lives, health, and property shall be subject to the regulations applicable to Group A defective products and goods.

2. In cases where Group A defective products or goods are discovered, organizations and individuals engaged in business shall have the following responsibilities either on their own initiative or upon request from the state management agency for protecting consumer rights or related industry and sector management agencies:

a) To promptly take all necessary measures to stop the supply and recall defective products or goods from the market;

b) To publicly disclose information about the defective products or goods and the recall process through postings at their headquarters, business locations, and on their electronic information websites, application software (if available) until the recall is completed;

c) To publicly announce information about the defective products or goods and the recall process on at least five consecutive issues or five consecutive days on radio, television, print media, and online news outlets at both central and local levels where the products or goods circulate.

3. In cases where Group B defective products or goods are discovered, organizations and individuals engaged in business shall have the responsibility to implement the provisions set forth in points a and b of Clause 2 of this Article either on their own initiative or upon request from the state management agency for protecting consumer rights or related industry and sector management agencies.

4. The content of announcements and disclosures stipulated in Clauses 2 and 3 of this Article includes:

a) Description of the products or goods to be recalled;

b) Reasons for recalling the products or goods and warnings about the risks posed by defects;

c) Time, location, and methods of recalling the products or goods;

d) Time and methods of rectifying defects in the products or goods;

đ) Other relevant content (if any) to protect consumer rights.

5. The Government shall provide detailed regulations on this matter.

Article 34. Compensation for Damage Caused by Defective Products and Goods

1. Organizations and individuals engaged in business shall be responsible for compensating for damage caused by defective products and goods they provide that result in harm to the life, health, or property of consumers, even if such organizations and individuals were unaware or had no fault in the occurrence of the defect, except in cases provided for in Article 35 of this Law.

2. The responsibility for compensation as stipulated in Clause 1 of this Article includes:

a) Organizations and individuals producing products and goods;

b) Organizations and individuals importing products and goods;

c) Organizations and individuals affixing their trade name on products and goods or using other trade marks or indications allowing recognition as the producer or importer of the products and goods;

d) Organizations and individuals conducting intermediary commercial activities for products and goods;

đ) Organizations and individuals directly supplying products and goods to consumers;

e) Other organizations and individuals bearing responsibility for products and goods according to other relevant laws.

3. In cases where the organizations and individuals engaged in business specified in Points a, b, c, d, and e of Clause 2 of this Article cannot be identified, the organization or individual engaged in business specified in Point đ of Clause 2 of this Article shall be responsible for compensating the consumer for damage, except where otherwise provided by law.

4. Where multiple organizations and individuals engaged in business specified in Clause 2 of this Article cause damage together, those organizations and individuals engaged in business shall be jointly liable for compensating the consumer for damage.

5. Compensation for damage shall be carried out in accordance with the provisions of civil law and other relevant laws.

Article 35. Exemption from Liability for Compensation for Damage Caused by Defective Products and Goods

Organizations and individuals engaged in business specified in Article 34 of this Law shall be exempted from liability for compensation for damage in the following cases:

1. When it can be proven that the defect of the product or good could not have been detected with the world's scientific and technological level at the time the product or good caused damage;

2. When the organization or individual engaged in business has fully applied the measures prescribed in Articles 32 and 33 of this Law, and the consumer has received all information but still intentionally uses the defective product or good causing damage;

3. Other cases as prescribed by civil law and other relevant laws.

Article 36. Responsibility for Providing Services Not in Accordance with Registered, Announced, Published, Posted, Advertised, Introduced, Contracted, or Promised Content

1. In the case of providing services not in accordance with the registered, announced, published, posted, advertised, introduced, contracted, or promised content at the time the service was provided, the organization or individual engaged in business shall be responsible for negotiating with the consumer to implement one or more of the following remedial measures:

a) Providing the service again;

b) Continuing to provide the service without charging or reducing the price for the part of the service already provided;

c) Stopping the provision of the service and refunding the consumer;

d) Other measures agreed upon by both parties.

2. The organization or individual engaged in business shall bear the costs incurred in implementing remedial measures for services provided not in accordance with the registered, announced, published, posted, advertised, introduced, contracted, or promised content.

3. Consumers have the right to request compensation for damage when services provided not in accordance with the registered, announced, published, posted, advertised, introduced, contracted, or promised content cause damage to the consumer.

4. Organizations and individuals engaged in business shall be exempted from liability for compensation for damage when it can be proven that the provision of services not in accordance with the registered, announced, published, posted, advertised, introduced, contracted, or promised content could not have been detected with the world's scientific and technological level at the time the organization or individual engaged in business provided the service to the consumer or falls under other exemptions from liability for compensation for damage as prescribed by law.

5. Compensation for damage shall be carried out in accordance with the provisions of civil law and other relevant laws.

Chapter III

RESPONSIBILITY OF ORGANIZATIONS AND INDIVIDUALS ENGAGED IN BUSINESS TOWARDS CONSUMERS IN SPECIAL TRANSACTIONS

Section 1

REMOTE TRANSACTIONS

Article 37. Responsibilities of organizations and individuals engaged in business in remote transactions

1. When conducting remote transactions, organizations and individuals engaged in business must provide consumers with accurate and complete information as follows:

a) Name, address, telephone number, other contact methods (if any) of the organization or individual engaged in business or their representative in Vietnam (if any);

b) Business registration certificate number or enterprise code or equivalent documentation for economic organizations; personal tax identification number for individuals;

c) Measurement, quantity, volume, quality, utility, price, origin, place of manufacture, expiration date of products, goods, services;

d) Delivery costs (if any);

đ) Payment method, payment deadline; time, location, method of selling, providing products, goods, services; conditions and methods for exchanging, returning products, goods, services;

e) The validity period of the transaction proposal;

g) Information on fees, costs, value-added tax, fee calculation methods, possible additional costs, and general transaction terms applicable during the provision of products, goods, services to consumers;

h) Details about the utility, usage method, warranty of products, goods, services;

i) Consumer rights stipulated in Clause 3, Article 38 of this Law;

k) Procedures for exchanging, returning products, goods, services or terminating contracts already concluded;

l) Procedures for receiving and resolving consumer complaints, requests, grievances;

2. In cases where transactions are conducted through telephone or other communication, dialogue methods, organizations and individuals engaged in business have the responsibility to immediately inform the name and address of themselves and the purpose of the conversation from the beginning;

3. In cases where transactions are conducted on the internet, organizations and individuals engaged in business have the responsibility to comply with the provisions of this Law, laws on electronic commerce, and other relevant laws;

4. The Government shall provide detailed regulations on this matter.

Article 38. Contract Formation in Remote Transactions

1. When conducting remote transactions with consumers, organizations and individuals engaged in business have the responsibility to establish tools and implement measures to ensure the following:

a) Providing accurate and complete contract content for consumers to review before concluding the contract;

b) Consumers exchange, clarify contract content and confirm agreement to conclude the contract;

c) Consumers view and download the contract that has been confirmed and signed by the consumer;

2. The contract content includes: information prescribed in Clause 1, Article 37 of this Law; name, address, telephone number, other contact methods (if any) of the consumer; rights and obligations of each party;

In cases where multiple parties participate in implementing the contract, the contract content must clearly define the subject, rights, and obligations of each subject;

3. In cases where organizations and individuals engaged in business provide inaccurate or incomplete information as prescribed in Clause 1, Article 37 of this Law, consumers have the following rights:

a) Agreeing to choose the method of handling the contract with organizations and individuals engaged in business;

b) Unilaterally terminating the concluded contract within thirty days from the date of contract conclusion and notifying the organization or individual engaged in business. Consumers are not required to pay any fees under any form to terminate the contract, except for the cost of the portion of products, goods, services already used;

c) Requesting competent authorities to declare the contract void or cancel the contract according to civil law regulations;

4. In cases where consumers unilaterally terminate the contract as prescribed in point b, Clause 3 of this Article, organizations and individuals engaged in business must refund consumers the amount paid corresponding to the unused portion of products, goods, services within thirty days from the date the consumer declares unilateral termination of the contract. Beyond this period, organizations and individuals engaged in business must pay interest on the overdue amount at the rate agreed upon by both parties or as prescribed by civil law. Refunds shall be made in the same manner as the consumer's original payment method, unless the consumer agrees to another payment method;

In cases where terminating the contract causes damage to consumers, organizations and individuals engaged in business must compensate for damages according to civil law regulations.

Article 39. Responsibilities of organizations and individuals engaged in business towards consumers in transactions on cyberspace

1. Organizations and individuals conducting business on cyberspace include:

a) Organizations and individuals selling products, goods, and services through information systems established by themselves or through digital platforms;

b) Organizations establishing and operating intermediary digital platforms.

2. Organizations and individuals conducting business on cyberspace shall fulfill the provisions set forth in Articles 37 and 38 of this Law and Section 2 of this Chapter when providing continuous services.

3. In addition to the responsibilities stipulated in Clause 2 of this Article, organizations establishing and operating intermediary digital platforms shall have the following responsibilities:

a) Designate and publicly announce contact points, authorized representatives to coordinate with competent state agencies in resolving issues related to consumer rights protection;

b) Develop and publicly announce operational regulations for intermediary digital platforms for consumers, clearly defining the responsibilities of all parties involved in transactions;

c) Provide information about organizations and individuals conducting business on intermediary digital platforms when consumers request such information during transactions with these organizations and individuals;

d) Allow consumers to provide feedback and evaluate organizations and individuals conducting business, products, goods, and services sold or provided by them, while displaying fully and accurately the results of feedback and evaluations, except where such feedback and evaluations violate legal provisions or social morals;

đ) Fully and transparently display information about products, goods, and services sold or provided by organizations and individuals conducting business, including mandatory content that must be displayed on product labels according to legal provisions on product labeling, excluding specific information about each product, including: date, month, year of production; expiration date; production batch number; chassis/frame number; engine number; standards required for product, goods, and service provision;

e) Designate and publicly announce contact points for receiving and resolving complaints and grievances related to products, goods, services, and content information on intermediary digital platforms; receive and resolve complaints and grievances from consumers regarding organizations establishing and operating intermediary digital platforms;

g) Implement measures to allow the prioritized display of feedback, reflections, and recommendations from social organizations participating in consumer rights protection or credit rating organizations as prescribed by law;

h) Directly store information or provide solutions for storing information about products, goods, services, and related transactions, allowing consumers to access, trace, download, store, and print invoices, certificates, and documents related to transactions on intermediary digital platforms they manage;

i) Transparently conduct advertising activities on cyberspace according to legal provisions when such activities take place;

k) Provide reports on content review activities conducted according to the requirements of competent state agencies;

l) Maintain online reporting accounts and provide updated information and data up to the time requested for reporting to serve the inspection and supervision activities of competent state management agencies according to legal provisions;

m) Verify the identity of organizations and individuals selling products, goods, and providing services on their intermediary digital platforms;

n) Bear responsibility towards consumers according to legal provisions on electronic commerce when domestic and foreign organizations and individuals sell or provide products, goods, and services to consumers within the territory of Vietnam;

o) Fulfill other responsibilities as prescribed by this Law and other relevant laws.

4. Organizations establishing and operating large-scale digital platforms shall comply with the provisions of Clause 3 of this Article and have the following responsibilities:

a) Establish storage for advertisements using algorithms targeting specific consumers or groups of consumers;

b) Periodically assess content review activities, the use of algorithm systems, and targeted advertisements for specific consumers or groups of consumers;

c) Periodically assess the implementation of regulations on handling fake accounts, the use of artificial intelligence, and full or partial automated solutions.

5. The Government shall specify detailed regulations for Clause 4 of this Article.

Article 40. Obligation to Publicize and Remove Consumer Warning Information in Online Transactions

1. The content of publicizing warning information includes:

a) A list of organizations and individuals conducting business online whose actions have violated the rights and legitimate interests of consumers and have been handled according to this Law and other relevant laws;

b) A list of organizations and individuals conducting business online whose actions have violated consumer protection laws and have been handled by foreign competent authorities, affecting the rights of Vietnamese consumers.

2. The obligation to publicize warning information is defined as follows:

a) Ministries, ministerial-level agencies, and provincial People's Committees shall be responsible for providing and publicizing consumer warning information in online transactions within their jurisdiction as prescribed by law;

b) Organizations and individuals conducting business online who have been penalized under this Law and other relevant laws shall be responsible for providing information to competent state management agencies through the information system and reporting as prescribed by law;

c) News agencies, political-social organizations, and social organizations participating in protecting consumer rights shall publicize consumer warning information in online transactions in appropriate forms, ensuring convenience for consumers to access such information. The publicizing of warning information must comply with the provisions of this Law and other relevant laws.

3. The Government shall provide detailed regulations on this Article.

Section 2

CONTINUOUS SERVICE PROVISION

Article 41. Obligations of Organizations and Individuals Providing Continuous Services

1. Organizations and individuals providing continuous services on Vietnamese territory shall be responsible for publicly announcing their legal representatives in Vietnam. In cases where organizations and individuals providing continuous services on Vietnamese territory do not have legal representatives in Vietnam, they must appoint authorized representatives in Vietnam and publicly announce such representatives. The representatives of organizations and individuals providing services shall be responsible for implementing the legal provisions on protecting consumer rights.

2. It is not allowed to require consumers to pay any amount before the service is provided, except in cases where both parties agree otherwise.

3. It is not permitted to unilaterally terminate the contract or cease service provision contrary to the contract or contrary to the law. In cases where repairs, maintenance, or other necessary reasons require the cessation of service provision, organizations and individuals providing services must notify consumers about the cessation time and the resumption time of the service at least three working days prior to the cessation date, except in cases of force majeure.

4. Regularly inspect the quality of the services they provide, ensuring that the service quality meets the commitments made to consumers.

5. Implement the provisions of Articles 37 and 38 of this Law when providing continuous services through remote transactions.

Article 42. Continuous service supply contracts

1. Continuous service supply contracts must be documented in writing and provided to consumers with one copy.

2. Model continuous service supply contracts shall include the contents specified in Clause 3, Article 23 of this Law and the following contents:

a) Name, address, telephone number, other contact methods (if any) of the business organization or individual or their representative in Vietnam (if any);

b) Description of the services provided;

c) Time and duration of service provision;

d) Accurate and complete information about fees, costs, fee calculation methods, potential additional costs, and general transaction conditions applied during the service provision process for consumers;

đ) Notify consumers about the payment required to continue using the service according to the agreed method at least seven working days before the service usage expiration date;

e) Notify consumers about the contract termination date according to the agreed method at least seven working days before the contract termination date.

3. Unless otherwise agreed by the parties, consumers have the right to unilaterally terminate continuous service supply contracts at any time and notify the business organization or individual providing the service. In case of unilateral termination of the contract by the consumer, the consumer only has to pay for the portion of the service they have used.

Section 3

DIRECT SALES

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

1. Business organizations and individuals conducting door-to-door sales activities through the following forms:

a) Self-execution;

b) Employees of the business organization or individual;

c) Hired or authorized representatives.

2. Individuals specified in Clause 1 of this Article when engaging in door-to-door sales shall bear the following responsibilities:

a) Introduce the name, telephone number, address, headquarters of the business organization or individual responsible for the sale and provision of products, goods, and services; provide documentation proving their relationship with the business organization or individual;

b) Shall not continue to propose the sale or provision of products, goods, and services when the consumer has refused;

c) Fully, accurately, and clearly explain the contract content and information related to the product, goods, and service that the consumer is interested in.

3. Business organizations and individuals shall be liable for the door-to-door sales activities of individuals specified in Clause 1 of this Article.

Article 44. Door-to-door sales contracts

1. Door-to-door sales contracts must be documented in writing and provided to consumers with one copy, unless otherwise agreed by the parties.

2. In cases where door-to-door sales contracts are documented in writing, business organizations and individuals must reserve a minimum of three working days from the date of contract formation for consumers to reconsider their decision to execute the contract. During this period, consumers have the right to unilaterally terminate the executed contract and notify the business organization or individual.

3. In cases where door-to-door sales contracts are documented in writing, when signing the contract, consumers must record the date, month, and year of contract formation themselves.

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

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

a) Publicly display all relevant documents at their headquarters, branches, representative offices, business locations, websites, and applications (if any);

b) Adhere to operational rules and reward plans;

c) Issue invoices for each sales transaction;

d) Accept returns and refund payments upon request from multi-level marketing participants or consumers if the request is made within thirty days of receiving the goods and the goods remain sealed, labeled, and within their shelf life;

đ) Be responsible for the multi-level marketing activities of participants when such activities take place at the organization's headquarters, branches, representative offices, business locations, or during meetings, seminars, and training sessions organized by the multi-level marketing organization.

2. Multi-level marketing participants shall have the following responsibilities:

a) Present membership cards before introducing or marketing products;

b) Comply with the multi-level marketing participation contract and operational rules;

c) Not exploit positions, authority, social status, or profession to encourage, require, lure, or deceive others into joining the multi-level marketing network or purchasing goods for multi-level marketing purposes.

3. The Government shall provide detailed regulations on this Article.

Article 46. Multi-level Marketing Participation Contracts

1. Multi-level marketing organizations and participants must enter into multi-level marketing participation contracts in writing.

2. Multi-level marketing participation contracts must meet the language and form requirements stipulated by this Law and laws governing multi-level marketing management.

Article 47. Responsibilities of Organizations and Individuals Engaged in Business Activities Not Conducted at Regular Trading Locations

1. Except where otherwise provided by law, when selling products, goods, or providing services not at regular trading locations with a total value exceeding ten million dong, organizations and individuals engaged in business shall have the following responsibilities:

a) Notify the People's Committee of the commune where the sale of products, goods, or provision of services will be conducted prior to implementing the following: name, address, contact phone number of the organization or individual, proposed location for the sale, content of the sales program, sales methods, prices, and products, goods, and services;

b) Publicly display information about the organization or individual and the products, goods, and services at the sales location;

c) Maintain contact information and address consumer complaints, requests, and grievances before and after the completion of product, good, or service sales and provision;

d) Provide full, truthful, and accurate information about products, goods, services, and business activities;

đ) Accept returns of products, goods, and services within thirty days of sale or provision, provided they remain sealed, labeled, and within their shelf life;

e) Deliver invoices and purchase-sale receipts for products, goods, and services;

g) In cases where the product, good, or service supply contract stipulated in this Article is established in writing, the organization or individual must provide the contract to the consumer. Within three working days of receiving the contract, the consumer has the right to decide whether to execute the contract or unilaterally terminate it and notify the organization or individual. Before the expiration of this period, the organization or individual may not request the consumer to make a deposit, pay, or perform the contract contents, except where otherwise provided by law.

2. The People's Committee of the commune shall be responsible for receiving notifications, monitoring, and inspecting the sales activities of organizations and individuals according to the content notified under Clause 1 of this Article.

3. The Government shall provide detailed regulations on this Article.

Chapter IV

CONSUMER RIGHTS PROTECTION ACTIVITIES OF THE FRONT BUREAU OF THE VIETNAMESE COMMUNIST PARTY, POLITICAL AND SOCIAL ORGANIZATIONS, AND SOCIAL ORGANIZATIONS

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

1. The Vietnam Fatherland Front shall have the following responsibilities:

a) Propaganda and mobilization to ensure that the people understand clearly and implement the Party's guidelines and the State's policies and laws on consumer protection work;

b) Supervise the implementation of legal provisions on consumer protection by state management agencies at all levels, business organizations and individuals; provide social feedback on draft legal documents, plans, programs, projects, and proposals of state agencies regarding consumer protection.

2. Political-social organizations shall have the following responsibilities:

a) Implement the provisions of Clause 1 of this Article.

b) Provide advice and support to members and the public on issues related to consumer protection.

Article 49. Participation of social organizations in protecting consumer rights

1. Social organizations established and operating in accordance with the law on associations may participate in activities to protect consumer rights.

2. Social organizations participating in protecting consumer rights include social organizations with objectives and purposes to participate in protecting consumer rights and other social organizations participating in protecting consumer rights.

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

4. The State encourages social organizations to participate in protecting consumer rights. Social organizations participating in protecting consumer rights are assigned certain tasks related to protecting consumer rights by the State and are supported financially according to the State budget law, association law, and other relevant laws.

Article 50. Activities of social organizations participating in protecting consumer rights

1. The activities of social organizations participating in protecting consumer rights include:

a) Guiding, assisting, and advising consumers when requested;

b) Providing information about violations of the law by business organizations and individuals to competent state management agencies;

c) Participating in providing opinions on building guidelines, policies, laws, plans, programs, projects, and proposals on consumer protection;

d) Propaganda, dissemination, and education on guidelines, policies, and laws on consumer protection and related guidelines, policies, and laws;

đ) Participating in supporting negotiations and mediation of disputes between consumers and business organizations and individuals in accordance with the law when requested;

e) Independently surveying, testing, and publishing the results of surveys and tests conducted by themselves on the quality of products, goods, and services in accordance with the law; reflecting and evaluating the reliability of business organizations and individuals on the internet; informing and warning consumers about products, goods, and services and bearing legal responsibility for their information and warnings; recommending competent state agencies to handle violations of the law on consumer protection;

g) Representing consumers to initiate civil lawsuits for consumer protection when requested and in accordance with the law;

h) Initiating civil lawsuits for consumer protection for public interest when meeting the conditions stipulated in Clause 2 of this Article;

i) Organizing training to enhance consumer awareness and knowledge for consumers.

2. Social organizations participating in protecting consumer rights have the right to initiate civil lawsuits for consumer protection for public interest when meeting the following conditions:

a) Legally established in accordance with the law;

b) Having objectives and purposes of operation for the benefit of consumer rights or public interests related to consumer rights;

c) Having a minimum period of operation of 01 year from the date of establishment of the social organization to the date it exercises its right to initiate a lawsuit independently;

d) Having an operational scope at the district level or higher.

Article 51. Rights of social organizations participating in protecting consumer rights

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

2. Cooperate with agencies and organizations in activities to participate in protecting consumer rights.

3. Be informed by state management agencies about the results of receiving, handling, and securing information provided by themselves, recommendations.

4. Receive training and instruction on knowledge and skills related to activities for protecting consumer rights.

5. Join international organizations for protecting consumer rights in accordance with the provisions of the Law on Associations and other relevant laws.

6. Participate in programs, projects, research topics, advisory, critical review, social appraisal, and other activities related to protecting consumer rights upon the proposal of competent state management agencies.

Article 52. Obligations of social organizations participating in protecting consumer rights

1. Comply with the provisions of this Law and other relevant laws.

2. Not infringe upon the interests of the State, the rights, and legitimate interests of organizations and individuals during the process of participating in activities to protect consumer rights.

Article 53. Social organizations with objectives to participate in protecting consumer rights

1. Social organizations with objectives to participate in protecting consumer rights shall carry out the activities stipulated in Clause 1 of Article 50 of this Law.

2. Social organizations with objectives to participate in protecting consumer rights shall be assigned by competent state management agencies to perform the activities stipulated in Points a, d, đ, e, g, h, and i of Clause 1 of Article 50 of this Law.

3. Social organizations with objectives to participate in protecting consumer rights shall not refuse to provide advice and support for legitimate complaints of consumers.

Chapter V

RESOLUTION OF DISPUTES BETWEEN CONSUMERS AND ORGANIZATIONS AND INDIVIDUALS ENGAGED IN BUSINESS

Section 1

GENERAL PROVISIONS

Article 54. Methods of resolving disputes between consumers and organizations and individuals engaged in business

1. Disputes arising between consumers and organizations and individuals engaged in business shall be resolved through the following methods:

a) Negotiation;

b) Mediation;

c) Arbitration;

d) Court.

2. Negotiation and mediation shall not be conducted in the following cases:

a) Infringing upon national interests, ethnic interests, or public interests;

b) Violating prohibitions under the law or contravening social morals;

c) Causing damage to the interests of many consumers, except where the number of affected consumers can be fully determined.

3. The method of resolving disputes between consumers and organizations and individuals engaged in business shall be carried out in person, online, or by other forms as prescribed by relevant laws.

Article 55. Obligation to provide information and documents during the resolution of disputes between consumers and organizations and individuals engaged in business

1. Agencies, organizations, and individuals involved have the responsibility to provide complete, accurate, and timely information and documents according to the request of competent state agencies and social organizations participating in protecting consumer rights during the resolution of disputes between consumers and organizations and individuals engaged in business as prescribed by law.

2. Competent state agencies and social organizations participating in protecting consumer rights have the responsibility to secure information and documents provided according to the provisions of the law.

Section 2

NEGOTIATION

Article 56. Request for and Acceptance of Negotiation

1. Consumers have the right to request organizations or individuals engaged in business to negotiate.

2. Organizations or individuals engaged in business must accept consumers' negotiation requests in accordance with the provisions of Article 57 of this Law.

3. In cases where organizations or individuals engaged in business fail to respond to consumers' negotiation requests as stipulated in Article 57 of this Law or refuse to negotiate without legitimate reasons, consumers have the right to request state management agencies responsible for protecting consumer rights, or social organizations participating in the protection of consumer rights to support negotiations when their lawful rights and interests are infringed upon.

Article 57. Procedure and Formalities for Negotiation

1. Consumers send negotiation requests and related information and documents (if any) to organizations or individuals engaged in business at their main office, branch, representative office, place of business, website, or through other communication methods publicly disclosed or currently applied by such organizations or individuals.

2. Organizations or individuals engaged in business are responsible for receiving and conducting negotiations with consumers within seven working days from the date of receipt of the request.

3. In cases stipulated in Clause 3 of Article 56 of this Law, consumers send requests for negotiation support and related information and documents directly, via postal service, or online to state management agencies responsible for protecting consumer rights, or social organizations participating in the protection of consumer rights.

4. Within seven working days from the date of receipt of the consumer's request, state management agencies responsible for protecting consumer rights, or social organizations participating in the protection of consumer rights are responsible for transferring the consumer's request to the organization or individual engaged in business requested to negotiate.

5. Organizations or individuals engaged in business are responsible for conducting negotiations with consumers within seven working days from the date of receipt of the request and notifying in writing the results of the negotiation to state management agencies responsible for protecting consumer rights, or social organizations participating in the protection of consumer rights within five working days from the end of the negotiation.

6. In cases where the request for negotiation from consumers is refused, within seven working days from the date of receipt of the negotiation request, organizations or individuals engaged in business must reply in writing and clearly state the reasons.

Article 58. Cases Where Requests for Negotiation Support Are Not Accepted and Resolved

1. Consumers who are minors, persons lacking civil capacity or having limited civil capacity, or persons having difficulty in understanding and controlling their actions without a legally authorized representative.

2. The person requesting negotiation support is not a consumer or a legally authorized representative of the consumer.

3. Consumers do not provide sufficient information and documents to accurately identify relevant organizations or individuals or evidence related to the transaction.

4. The content of the request for negotiation support does not fall within the jurisdiction of state management agencies responsible for protecting consumer rights or the purpose, scope, and field of activities of social organizations participating in the protection of consumer rights.

5. The request for negotiation support has already been resolved by competent state agencies or social organizations participating in the protection of consumer rights.

Article 59. Rights and responsibilities of the parties during negotiation

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

a) Agreeing or refusing to participate in negotiations as prescribed by this Law;

b) Selecting the time and form of negotiations;

c) Requesting a temporary suspension or termination of negotiations;

d) Requesting confidentiality regarding the negotiations;

đ) Being free to express their will regarding the content of the negotiations;

e) Other rights as prescribed by this Law and other relevant laws.

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

a) Conducting negotiations in accordance with the law and in compliance with social ethics, citizens' rights and responsibilities, and business culture;

b) Presenting true facts about the dispute, providing information and documents related to the dispute;

c) Implementing the results of the negotiations on the principle of honesty and good faith;

d) Other responsibilities as prescribed by this Law and other relevant laws.

Article 60. Results of Negotiations

1. The results of negotiations between business organizations and individuals with consumers shall be documented in writing, except where the parties agree otherwise.

2. In cases where the results of negotiations are documented in writing, the document on the results of negotiations shall include the following contents:

a) Parties participating in the negotiations;

b) Time and place of conducting negotiations;

c) Content of negotiations;

d) Results of negotiations;

đ) Other contents agreed upon by the parties in accordance with the provisions of the law.

3. In cases where the results of negotiations are documented in writing, the document must bear the signatures or fingerprints of the negotiating parties.

Section 3

CONCILIATION

Article 61. Procedure and Formalities for Conciliation

1. Business organizations and consumers have the right to agree to select a third party to carry out conciliation.

2. The procedure and formalities for conciliation shall be carried out in accordance with the law on conciliation.

Article 62. Principles of Conciliation

1. Ensuring objectivity, honesty, good faith, equality, fairness, voluntariness; no coercion or deception.

2. Organizations and individuals conducting conciliation, and parties participating in conciliation must ensure the confidentiality of information related to the conciliation, except where the parties agree otherwise or the law provides differently.

Article 63. Conciliation Organizations

1. Conciliation organizations for disputes between consumers and business organizations and individuals include:

a) Social organizations participating in protecting consumer rights;

b) Conciliation organizations as prescribed by the law on commercial conciliation, the law on grassroots conciliation, and the law on court conciliation;

c) Other organizations with the function of conciliating disputes between consumers and business organizations and individuals as prescribed by the law.

2. Conciliation organizations as prescribed in point a and point c, Clause 1, Article 63 of this Law shall have the responsibility to recognize and publish a list of qualified conciliators according to the provisions of this Law and designate conciliators to participate in carrying out conciliation at the request of the parties.

Article 64. Conciliators

Conciliators resolving disputes between consumers and business organizations and individuals include:

1. Conciliators as prescribed by the law on conciliation that is relevant;

2. Conciliators belonging to organizations as prescribed in point a and point c, Clause 1, Article 63 of this Law are Vietnamese citizens who meet the following conditions:

a) Having full capacity for civil acts;

b) Having good moral character, honesty, and credibility;

c) Possessing mediation skills, understanding laws on protecting consumer rights, and other relevant laws;

d) Not being within the period of criminal prosecution or having been convicted but not yet pardoned.

3. In cases where disputes between consumers and business organizations and individuals involve ethnic minorities, there must be at least one conciliator from the ethnic minority or a person fluent in the language of that ethnic minority. In cases where there is no conciliator meeting the requirements of this clause, the parties participating in conciliation may arrange interpreters themselves or request the conciliator to arrange interpreters, except where the parties agree otherwise.

Article 65. Results of Mediation

1. When mediation is successful, the parties shall prepare a document on the successful mediation results.

2. The document on the successful mediation results for cases specified in points a and c, Clause 1, Article 63 of this Law must include the following contents:

a) The organization or individual conducting the mediation;

b) The parties participating in the mediation;

c) The time and place where the mediation was conducted;

d) The content of the mediation;

đ) The opinions of the parties participating in the mediation;

e) The results of the mediation and implementation measures;

g) The deadline for implementing the successful mediation results;

h) Other contents agreed upon by the parties in accordance with the provisions of the law.

3. The document on the results of mediation must have the signatures or fingerprints of the parties participating in the mediation, the signature confirming of the individual conducting the mediation, and the stamp confirming of the organization conducting the mediation (if applicable).

Article 66. Implementation and Recognition of Successful Mediation Results

1. The parties participating in the mediation are responsible for implementing the successful mediation results within the agreed period in the document on the successful mediation results.

2. One of the parties participating in the mediation has the right to request the Court to issue a decision recognizing the successful mediation results.

3. The request and recognition of successful mediation results are carried out in accordance with the provisions of the Civil Procedure Code.

Section 4

ARBITRATION

Article 67. Effectiveness of Arbitration Clause

1. Organizations and individuals engaged in business operations must notify about the arbitration clause before concluding a contract and obtain the consumer's consent.

2. In case the arbitration clause is included in the contract by organizations or individuals engaged in business operations according to a model or general trading condition, when disputes arise, consumers have the right to choose other dispute resolution methods.

Article 68. Procedures and Formalities for Resolving Disputes at Arbitration

The procedures and formalities for resolving disputes at arbitration are carried out in accordance with the provisions of the Commercial Arbitration Law.

Article 69. Obligation to Prove

1. Consumers have the obligation to provide evidence and prove to protect their legitimate rights and interests in accordance with the provisions of the law, except for proving the fault of organizations or individuals engaged in business operations.

2. Organizations and individuals engaged in business operations have the obligation to prove that they are not at fault for causing damage in accordance with the provisions of the law.

Section 5

DISPUTE RESOLUTION AT COURT

Article 70. Civil Cases for Protecting Consumer Rights

1. Civil cases for protecting consumer rights are cases where the plaintiff is a consumer or a social organization participating in protecting consumer rights under this Law. The court resolves civil cases for protecting consumer rights in accordance with the procedures and formalities stipulated in the Civil Procedure Code.

2. Civil cases for protecting consumer rights with a transaction value below 100 million dong are resolved through simplified procedures without having to meet the conditions stipulated in Clause 1, Article 317 of the Civil Procedure Code.

3. Civil cases for protecting consumer rights not falling under the circumstances stipulated in Clause 2 of this Article are resolved through simplified procedures when meeting all the conditions stipulated in Clause 1, Article 317 of the Civil Procedure Code.

Article 71. Litigation Fees for Civil Cases for Protecting Consumer Rights

1. Litigation fees for civil cases for protecting consumer rights are implemented in accordance with the provisions of the law on litigation fees and court fees and the provisions of this Law.

2. Consumers initiating civil cases to protect their legitimate rights and interests, social organizations participating in protecting consumer rights representing consumers based on authorization to initiate civil cases for protecting consumer rights do not need to pay advance litigation fees.

3. Social organizations participating in protecting consumer rights initiating civil cases for protecting consumer rights for public interest do not need to pay advance litigation fees and do not bear litigation fees.

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

1. Social organizations initiating civil cases for protecting consumer rights for public interest shall be responsible for publicly announcing to the court's acceptance of the lawsuit within seven working days from the date the court accepts the case.

2. The public announcement of the court's acceptance of the case shall be carried out by posting at the headquarters and uploading on the organization’s electronic information website, application software (if available), for a minimum of fifteen days from the date of posting and uploading.

3. Within seven working days from the end of the case, social organizations participating in the protection of consumer rights shall be responsible for publicly announcing the resolution of the case according to the form and time limit prescribed in Clause 2 of this Article.

Article 73. Compensation for damages in civil cases for protecting consumer rights for public interest initiated by social organizations participating in the protection of consumer rights

1. Compensation for damages and the beneficiary in civil cases for protecting consumer rights for public interest initiated by social organizations participating in the protection of consumer rights shall be implemented according to the judgment and decision of the court.

2. In cases where the beneficiary cannot be identified, the compensation for damages in civil cases for protecting consumer rights for public interest initiated by social organizations participating in the protection of consumer rights shall be used to serve common activities for the benefit of consumers as provided by the Government.

Chapter VI

STATE MANAGEMENT OF CONSUMER RIGHTS PROTECTION

Article 74. State management responsibility for protecting consumer rights

1. The Government shall uniformly manage state affairs concerning the protection of consumer rights.

2. The Ministry of Industry and Trade shall be the lead agency assisting the Government in uniformly managing state affairs concerning the protection of consumer rights.

3. Ministries and agencies equivalent to ministries, within their respective duties and authorities, shall be responsible for implementing activities to protect consumer rights in the sectors they are assigned to manage, coordinating with the Ministry of Industry and Trade to implement state management over the protection of consumer rights.

4. People's Committees at all levels, within their respective duties and authorities, shall carry out state management over the protection of consumer rights in their localities.

Article 75. Responsibilities of the Ministry of Industry and Trade

1. Issuing policies, laws, strategies, plans, projects, programs, and national-level activities on protecting consumer rights within its authority or submitting them to competent state agencies for issuance and implementation; promoting sustainable production and consumption towards green and circular economies; encouraging and promoting investment, production, distribution, export, and import of environmentally friendly products and technologies, and responsible business practices for consumers in line with international integration and the implementation of relevant international treaties.

2. Organizing the dissemination, popularization, and education of knowledge and laws on protecting consumer rights; providing advice, support, and enhancing awareness on protecting consumer rights; training human resources and improving professional skills to serve the work of protecting consumer rights.

3. Organizing surveys and testing activities; publishing survey and testing results on product, goods, and service quality; informing and warning consumers about products, goods, and services in the sectors it is assigned to manage.

4. Building a national database on information for protecting consumer rights.

5. Implementing the assignment of tasks to social organizations with objectives and purposes to participate in protecting consumer rights as stipulated in Clause 2 of Article 53 of this Law and other relevant laws.

6. Managing the activities of social organizations participating in protecting consumer rights and organizations mediating disputes related to protecting consumer rights in accordance with the law.

7. Building mechanisms for coordination with relevant ministries and agencies equivalent to ministries to implement activities on protecting consumer rights within their authority.

8. Requesting reports from ministries, agencies equivalent to ministries, and provincial People's Committees on consumer protection work regularly and urgently, and compiling these reports for submission to competent state agencies.

9. Supervising standard contracts and general terms and conditions of transactions within its authority.

10. Inspecting, examining, handling complaints and denunciations, and dealing with violations of laws on protecting consumer rights within its authority.

11. Implementing international cooperation on protecting consumer rights.

Article 76. Responsibilities of Ministries and ministerial-level agencies

1. Implement the responsibilities stipulated in Clauses 1, 2, 3, 5, 6, 10, and 11 of Article 75 of this Law in the assigned management fields; coordinate with the Ministry of Industry and Trade to implement the responsibilities stipulated in Clause 4 and Clause 9 of Article 75 of this Law.

2. Take the lead and coordinate with the Ministry of Industry and Trade to build and implement activities related to protecting consumer rights within their assigned management authority.

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

1. The provincial People's Committee shall have the following responsibilities:

a) Implement the responsibilities stipulated in Clauses 1, 2, 3, 5, 6, 9, 10, and 11 of Article 75 of this Law within the scope of local authority; coordinate with the Ministry of Industry and Trade to implement the responsibility stipulated in Clause 4 of Article 75 of this Law;

b) Issue regulations on coordinating state management regarding consumer protection and receiving, handling complaints and requests from consumers in the locality;

c) Provide professional guidance for district-level state management agencies on consumer protection matters;

d) Participate in international cooperation on consumer protection according to the division of labor or international cooperation with bordering countries as prescribed by law.

2. The district People's Committee shall have the following responsibilities:

a) Implement the responsibility stipulated in Clause 10 of Article 75 of this Law within the scope of local authority;

b) Promote knowledge and laws on consumer protection; provide advice, support, and raise awareness about consumer protection in the locality;

c) Inspect the activities of social organizations participating in consumer protection under its management in the locality;

d) Manage markets and shopping centers within its jurisdiction to protect consumer rights when consumers purchase, use products, goods, and services at these locations;

đ) Provide professional guidance for the commune-level People's Committee to take necessary measures to protect consumer rights when consumers purchase, use products, goods, and services from individuals engaged in commerce outside the market and shopping center;

e) Report on the results of state management in consumer protection in the area periodically or upon request of higher-level competent authorities;

g) Issue regulations on coordinating state management regarding consumer protection in county-level state agencies.

3. The commune-level People's Committee shall have the following responsibilities:

a) Implement the responsibility stipulated in point b of Clause 2 of this Article in the locality;

b) Inspect the activities of market management boards and traders operating markets on the territory in implementing consumer protection content in market rules as prescribed by law. In cases where there is no market management board or trader operating the market, the commune-level People's Committee shall be responsible for taking measures to protect consumer rights within the market;

c) Manage and inspect the activities of individuals engaged in independent trade without business registration operating in the locality outside the market and shopping center to protect consumer rights;

d) Receive notifications from organizations conducting non-fixed location sales and monitor non-fixed location sales activities in the locality as prescribed by this Law;

đ) Handle violations concerning consumer protection within its authority and as prescribed by law;

e) Promote and encourage individuals engaged in trade within the market and shopping center; create conditions for individuals to engage in business within the market.

Chapter VII

IMPLEMENTING PROVISIONS

Article 78. Amending and supplementing some articles of the Civil Procedure Code No. 92/2015/QH13 which has been amended and supplemented by some articles according to the Law No. 45/2019/QH14, Law No. 59/2020/QH14, and Law No. 13/2022/QH15.

1. Amending and supplementing Point b Clause 3 Article 191 as follows:
"b) Proceed with the procedure for accepting cases according to the ordinary procedure or the simplified procedure if the case meets the conditions for resolution under the simplified procedure as stipulated in Clause 1 or Clause 5 of Article 317 of this Code;"

2. Amending and supplementing some clauses of Article 317 as follows:

a) Amending and supplementing the opening paragraph of Clause 1 as follows:
"1. Except for the cases provided for in Clause 5 of this Article, the Court shall resolve the case according to the simplified procedure when it meets all the following conditions:"

b) Supplement clause 5 after clause 4 as follows:
"5. The condition for applying the simplified procedure in resolving civil cases concerning the protection of consumer rights with a transaction value below 100 million dong shall be implemented according to the provisions of Clause 2 of Article 70 of the Consumer Protection Law."

Article 79. Effective Date

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

2. The Consumer Protection Law No. 59/2010/QH12 which has been amended and supplemented by some articles according to Law No. 35/2018/QH14 ceases to be effective from the date this Law takes effect, except for the cases provided for in Point a Clause 1 and Clause 2 of Article 80 of this Law.

Article 80. Transitional Provisions

1. For transactions between business organizations and individuals and consumers established before the date this Law takes effect, the application of the law shall be carried out as follows:

a) Transactions between business organizations and individuals and consumers that have not been executed and whose content and form differ from the provisions of this Law, the parties continue to implement according to the provisions of the Consumer Protection Law No. 59/2010/QH12 which has been amended and supplemented by some articles according to Law No. 35/2018/QH14. In case the parties reach a new agreement on amending and supplementing the content and form of the transaction, they must ensure compliance with this Law and apply the provisions of this Law from the date this Law takes effect.

Transactions between business organizations and individuals and consumers that are being executed and whose content and form differ from the provisions of this Law shall be applied according to the provisions of the Consumer Protection Law No. 59/2010/QH12 which has been amended and supplemented by some articles according to Law No. 35/2018/QH14;

b) Transactions between business organizations and individuals and consumers that have not been executed or are being executed and whose content and form comply with the provisions of this Law shall be applied according to the provisions of this Law.

2. For standard contracts, general terms and conditions made public and applied to consumers before the date this Law takes effect, the application of the law shall be regulated as follows:

a) Standard contracts, general terms and conditions that do not fall within the category requiring registration according to the law, business organizations and individuals must complete the amendment and supplementation of the content and form of standard contracts, general terms and conditions to be consistent with the provisions of this Law before December 31, 2024;

b) Standard contracts, general terms and conditions that fall within the category requiring registration according to the law at the time this Law takes effect, business organizations and individuals must complete the registration of standard contracts, general terms and conditions consistent with the provisions of this Law before December 31, 2024.

 

This Law was passed by the Fifth Session of the 15th National Assembly of the Socialist Republic of Vietnam on June 20, 2023.