Decree No. 21/2024/ND-CP provides detailed provisions and guidance for implementing certain articles of the Consumer Rights Protection Law. This Decree takes effect from July 1, 2024, replacing Decree No. 99/2011/ND-CP.
Đối tượng áp dụng
Organizations, individuals engaged in business operations, and consumers within the scope regulated by the Consumer Rights Protection Law.
Các điểm cốt lõi
- Detailed provisions regarding the notification of sales activities not conducted at fixed business premises.
- Responsibilities of the People's Committee of communes in sales activities not conducted at fixed business premises.
- Compensation for damages in civil cases initiated by social organizations for public interest.
- The effective date and implementation responsibilities of this Decree.
- Provisions regarding notification to the People's Committee of communes before conducting sales activities not at fixed business premises.
- Responsibilities of parties in protecting consumer rights, including social organizations participating in the protection of consumer rights.
🌐 Tác động xã hội từ văn bản này
- Strengthening the protection of consumer rights.
- Improving a fair and transparent business environment.
- Effectively handling violations of laws related to the protection of consumer rights.
❓ Câu hỏi thường gặp
Which regulation does this Decree replace?
Replacing Decree No. 99/2011/ND-CP.
When does this Decree take effect?
July 1, 2024.
Toàn văn
DECREE
Detailed regulations on certain provisions of the Consumer Rights Protection Law
___________
Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;
Pursuant to the Consumer Protection Law dated June 20, 2023;
At the proposal of the Minister of Industry and Trade;
The Government promulgates this Decree to provide detailed regulations on certain provisions of the Consumer Rights Protection Law.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Decree provides detailed regulations on Clause 9 Article 3; Clause 2 Article 9; Clause 2 Article 13; Clause 5 Article 23; Clause 5 Article 28; Clause 3 Article 32; Clause 5 Article 33; Clause 4 Article 37; Clause 5 Article 39; Clause 3 Article 40; Clause 3 Article 45; Clause 3 Article 47 and Clause 2 Article 73 of the Consumer Rights Protection Law.
Article 2. Interpretation of Terms
In this Decree, the following terms are understood as follows:
1. An influencer is an expert, a reputable person, or a person of public interest in a specific field, industry, or profession who receives financial support from organizations or individuals engaged in business operations in any form to use their images, advice, or recommendations to promote commercial activities or encourage consumers to purchase or use products, goods, or services, and falls under one of the following cases:
a) A person with expertise, specialization, and experience in a specific field or profession recognized by competent authorities;
b) A person who is outstanding, has made significant contributions, and enjoys high reputation in society, a specific field, or profession recognized by competent authorities;
c) A person of public interest with a considerable number of followers or subscribers on media platforms or has an account meeting the conditions to participate in advertising programs or business operations on digital platforms.
2. A large digital platform as defined in Clause 4 Article 39 of the Consumer Rights Protection Law is a digital platform serving electronic transactions established and operated for business activities on the internet and meets one of the following criteria:
a) Having at least 3,000,000 active user accounts annually in Vietnam according to the laws on electronic transactions. Organizations or individuals engaged in business have the responsibility to determine the number of active user accounts on the digital platform they establish and operate;
b) Being a large or very large intermediary digital platform serving electronic transactions as stipulated by the laws on electronic transactions.
Chapter II
IMPLEMENTATION OF ACTIVITIES TO RESPOND TO THE CONSUMER RIGHTS DAY IN VIETNAMCONSUMER RIGHTS DAY IN VIETNAM
Article 3. Implementation of activities to respond to the Consumer Rights Day in Vietnam
1. The Consumer Rights Day in Vietnam is organized annually with the purpose of:
a) Affirming the role, position, and importance of consumer rights protection work for the stable and sustainable development of society and the country;
b) Promoting, educating, and disseminating laws and policies on consumer rights protection;
c) Creating a basis to mobilize, concentrate resources, attention, response, and participation of the entire society in consumer rights protection work;
d) Contributing to building a healthy consumption environment for both consumers and organizations and individuals engaged in business; maintaining stability and creating momentum for economic development, innovation, and creativity in the country;
đ) Enhancing responsibility, encouraging cooperation and coordination among state management agencies, social organizations participating in consumer rights protection, and organizations and individuals engaged in business in implementing consumer rights protection activities.
2. Response activities
a) Activities to promote, disseminate, train, and instruct on laws protecting consumer rights and consumption skills to mobilize and concentrate the attention, response, and participation of the entire society in consumer rights protection work;
b) Public activities attracting the participation of a large number of consumers and relevant agencies, organizations, and individuals;
c) Activities within the framework of national plans, projects, proposals, programs, and activities on consumer rights protection issued by the Prime Minister;
d) Other activities responding to the Consumer Rights Day in Vietnam.
3. Plan for organizing response activities
a) The Ministry of Industry and Trade shall take the lead and coordinate with relevant ministries, sectors, provincial People's Committees, and related agencies and organizations to select themes, develop specific implementation plans; guide, direct, and organize the annual Consumer Rights Day in Vietnam, ensuring practicality, effectiveness, and economy;
b) The plan for organizing response activities to the Consumer Rights Day in Vietnam is implemented continuously throughout the year, especially focusing on the last month of the year and the first three months of the year, with peak activities from March 1 to March 20 each year.
Chapter III
PROTECTION OF CONSUMER RIGHTS IN TRANSACTIONS WITH INDIVIDUALS ENGAGED IN INDEPENDENT AND REGULAR COMMERCIAL ACTIVITIES WITHOUT BUSINESS REGISTRATION
INDIVIDUALS ENGAGED IN INDEPENDENT COMMERCE USUALLY
WHO ARE NOT REGISTERED FOR BUSINESS
Article 4. Responsibilities of individuals engaged in independent commercial activities on a regular basis without business registration operating within markets and shopping centers.
Individuals engaged in independent commercial activities on a regular basis without business registration operating within markets and shopping centers, in addition to fulfilling the responsibilities stipulated in Clause 1 of Article 9 of the Consumer Rights Protection Law, must also fully implement the responsibilities regarding consumer rights protection as prescribed in the internal regulations issued by market management organizations and shopping centers in accordance with the law.
Article 5. Responsibilities of market management organizations and shopping center management organizations
1. Issue internal regulations in accordance with the law, which must include basic contents on consumer rights protection, including: rights and responsibilities of consumers and sellers; persons responsible for receiving and resolving consumer complaints and measures to handle violations.
2. Mediate disputes between consumers and sellers within the scope of markets and shopping centers when requested.
3. Install and maintain the operation of scales and measuring devices at markets and shopping centers for consumers to self-check the quantity and weight of goods. Scales and measuring devices must be calibrated and remain within their calibration validity period as prescribed by the law on measurement.
4. Regularly monitor the quality and quantity of goods, scales, and measuring devices in the market and shopping center area.
5. Establish and publicly post hotlines to receive and resolve consumer requests in accordance with the classification level of the market and shopping center as prescribed by law.
6. Announce and coordinate with competent trade authorities, market management agencies, food safety agencies, standardization, measurement, and quality control agencies every six months to supervise the quality, quantity, origin, and food safety of goods and services within the markets and shopping centers under their management.
7. Report to competent authorities in cases where violations of laws on consumer rights protection and related laws are discovered.
8. Handle violations according to the internal regulations issued in accordance with the law.
Chapter IV
CONTRACTS ENTERED INTO WITH CONSUMERS,
STANDARD CONTRACTS, GENERAL TERMS AND CONDITIONS OF TRADE
Article 6. General requirements for contracts entered into with consumers, standard contracts, and general terms and conditions of trade
Contracts entered into with consumers, standard contracts, and general terms and conditions of trade must meet the following requirements:
1. The language used must be Vietnamese and may be agreed upon to use another language as stipulated in Clause 2 of Article 23 of the Consumer Rights Protection Law.
2. In the case of paper-based contracts, the smallest font size must be 12 in Times New Roman or equivalent typeface.
3. The text color and background color must contrast each other.
4. The layout and design of the text must be clear and easy to follow.
5. The content must be clear and understandable and must comply with the provisions of the law on consumer rights protection.
Article 7. Obligation to Register Standard Contracts and General Trading Conditions
1. Prior to using standard contracts and general trading conditions included in the List of Products, Goods, and Services Required for Registration issued and amended by the Prime Minister to conclude with consumers or business organizations and individuals, such entities must complete registration with the competent state agency responsible for protecting consumer rights in accordance with this Decree.
2. Standard contracts and general trading conditions may only be used to conclude or apply to consumers when the registration process has been completed in accordance with Clause 1 of Article 12 of this Decree. In cases where consumers pay in advance before concluding standard contracts and general trading conditions or make deposits, guarantees, or other measures to ensure the performance of obligations related to the conclusion of standard contracts and general trading conditions, business organizations and individuals must complete the registration and publicly disclose the standard contracts and general trading conditions so that consumers are aware of the contents of these documents in accordance with Clause 2 of Article 12 of this Decree prior to making payment or implementing the aforementioned measures.
3. Before January 31 each year, business organizations and individuals having standard contracts and general trading conditions included in the List of Products, Goods, and Services Required for Registration issued and amended by the Prime Minister shall have the responsibility to submit reports on the status of registration and application of standard contracts and general trading conditions to the competent authority receiving registrations in accordance with Form No. 01 attached to this Decree.
Article 8. Documents and Forms of Registration for Standard Contracts and General Trading Conditions
1. The documents for registering standard contracts and general trading conditions include the following:
a) Application for registration of standard contracts and general trading conditions in accordance with Form No. 02 attached to this Decree;
b) Draft of standard contracts and general trading conditions in Vietnamese.
2. The registration documents can be submitted directly, by mail, or online via an electronic environment in one set to the competent state agency responsible for protecting consumer rights in accordance with Article 14 of this Decree.
Article 9. Acceptance of Registration Documents
1. Business organizations and individuals submitting registration documents will receive a receipt indicating the date of acceptance and the date of result delivery.
2. Within five working days from the date of accepting the documents, the competent authority receiving registrations shall check the completeness and validity of the documents. If the documents are incomplete or invalid, the competent authority shall notify the business organizations and individuals in writing in accordance with Form No. 03 attached to this Decree to amend and supplement the documents. If the documents are complete and valid, the competent authority shall proceed to review the documents in accordance with Article 10 of this Decree.
Article 10. Review of Registration Documents
1. The competent authority receiving registrations shall conduct a review of the registration documents within thirty days from the date of receiving valid documents in accordance with Article 9 of this Decree, which may be extended by up to thirty additional days in complex cases. In case of extension, the competent authority receiving registrations shall promptly inform the business organizations and individuals about the extended time period and reasons for the extension.
2. During the review of registration documents, the competent authority receiving registrations may request business organizations and individuals to provide explanations regarding issues necessary for the content of the registration.
Article 11. Scope of review of standard form contracts and general terms of transactions
The competent authority prescribed in Article 14 of this Decree shall review standard form contracts and general terms of transactions for the following contents:
1. Contents stipulated in Clause 1, Clause 2, and Clause 3 of Article 23 of the Consumer Rights Protection Law.
2. Contents not permitted to be stipulated in Article 25 of the Consumer Rights Protection Law.
3. Contents stipulated in Clause 2 of Article 38 of the Consumer Rights Protection Law for standard form contracts in remote transactions.
4. Contents stipulated in Clause 2 of Article 42 of the Consumer Rights Protection Law for standard form contracts on continuous service provision.
5. Contents stipulated in Article 6 of this Decree.
Article 12. Completion of registration
1. In cases where the organization's or individual's business dossier complies fully with the provisions of Article 11 of this Decree, the competent authority receiving the registration shall issue a notification on the completion of the registration of standard form contracts and general terms of transactions according to Form No. 04 attached to this Decree. In cases where the organization's or individual's business dossier does not comply fully with the provisions of Article 11 of this Decree, the competent authority receiving the registration shall issue a written notification of the result of the dossier review and clearly state the reasons why the dossier has not completed the registration according to Form No. 05 attached to this Decree.
2. After completing the registration procedures, information about the organization or individual conducting business and the registered standard form contracts and general terms of transactions will be publicly announced and stored on the electronic portal of the competent authority receiving the registration. Organizations and individuals conducting business are responsible for publicly announcing the notification of the completion of registration and the registered standard form contracts and general terms of transactions by posting them in visible locations at their headquarters and business premises, and uploading them on the electronic portal and application software (if any) throughout the entire period of application of those standard form contracts and general terms of transactions.
Article 13. Re-registration of standard form contracts and general terms of transactions
1. Organizations and individuals conducting business must re-register standard form contracts and general terms of transactions in the following cases:
a) When changes in laws alter the contents of standard form contracts and general terms of transactions;
b) Organizations and individuals conducting business change standard form contracts and general terms of transactions;
c) When all or part of the standard form contracts and general terms of transactions are canceled or amended according to Clause 1 of Article 15 of this Decree.
2. Organizations and individuals conducting business shall complete the re-registration procedures for standard form contracts and general terms of transactions and publicly announce them after completing the re-registration process, similar to the initial registration as prescribed in this Decree.
Article 14. Competence to control standard form contracts and general terms of transactions
1. The State management agency for consumer rights protection under the Ministry of Industry and Trade has the competence to control standard form contracts and general terms of transactions when such contracts are applied across two provinces or centrally-administered cities or more.
2. The State management agency for consumer rights protection under the People's Committee of a province or centrally-administered city has the competence to control standard form contracts and general terms of transactions when such contracts are applied within that province or centrally-administered city.
3. Control of standard form contracts and general terms of transactions includes controlling standard form contracts and general terms of transactions listed in the Product, Goods, and Service Registration List issued, amended, and controlled by the Prime Minister, and controlling standard form contracts and general terms of transactions that are not within the scope of registration. The Prime Minister issues, amends, and controls standard form contracts and general terms and conditions that are not within the scope of registration requirement.
Article 15. Revocation and amendment of standard form contracts and general terms and conditions at the request of state management agencies for consumer protection
1. State management agencies for consumer protection, within their authority as prescribed in Article 14 of this Decree, may themselves or upon the request of consumers or organizations participating in consumer protection, require business organizations or individuals to revoke or amend in whole or in part standard form contracts and general terms and conditions at any time they discover that such contracts and terms violate laws on consumer protection.
2. Business organizations or individuals must cooperate with state management agencies for consumer protection in reporting, providing information, and clarifying contents in standard form contracts and general terms and conditions when requested by state management agencies for consumer protection.
3. Business organizations or individuals must amend or revoke the violating content within thirty days from the date of receiving the request of state management agencies for consumer protection, except in complex cases where an extension of up to ninety days is granted according to the decision of state management agencies for consumer protection.
Within five working days from the completion of amending or revoking the aforementioned violating content, business organizations or individuals must publicly display the amended or revoked standard form contracts and general terms and conditions in visible locations at their headquarters or business premises and post them on their electronic portal or application software (if available), and must notify consumers who have concluded contracts to apply new general terms and conditions and re-conclude standard form contracts if requested by consumers.
Article 16. Cooperation in controlling standard form contracts and general terms and conditions
1. The Ministry of Industry and Trade and provincial People's Committees shall be responsible for cooperating in state management work to control standard form contracts and general terms and conditions under laws on consumer protection. By December 25 each year, state management agencies for consumer protection under provincial People's Committees shall submit reports on the situation of controlling standard form contracts and general terms and conditions in their respective provinces or centrally-administered cities for the period from December 15 of the previous year to December 14 of the reporting period to state management agencies for consumer protection under the Ministry of Industry and Trade using Model No. 06 attached to this Decree.
2. In necessary cases, state management agencies for consumer protection may seek opinions from sectoral, field, or local management agencies regarding standard form contracts and general terms and conditions using Model No. 07 attached to this Decree. Sectoral, field, or local management agencies within their duties and powers shall cooperate with state management agencies for consumer protection in controlling standard form contracts and general terms and conditions as stipulated by laws on consumer protection and shall respond to requests for consultation from state management agencies for consumer protection within five working days from the date of receipt of the request.
3. Upon urgent requests for consumer protection, state management agencies for consumer protection under the Ministry of Industry and Trade may request sectoral, field, or local management agencies to provide lists of business organizations or individuals applying standard form contracts and general terms and conditions in transactions with consumers. Sectoral, field, or local management agencies shall cooperate in providing the lists accurately and timely as requested by state management agencies for consumer protection under the Ministry of Industry and Trade.
4. The forms of reports, methods of sending and receiving reports under this Article shall be implemented in accordance with legal regulations on administrative agencies' reporting systems.
Chapter V
LIABILITY FOR DEFECTIVE PRODUCTS,
GOODS
Article 17. Necessary Measures to Cease Supplying Defective Products and Goods
1. Except where otherwise provided by law, within twenty-four hours from the time of discovering defective products and goods or receiving a request from the competent state management agency, business organizations and individuals must immediately implement necessary measures to cease supplying such defective products and goods on the market.
2. Business organizations and individuals shall be responsible before consumers and the law for any delay in ceasing the supply of defective products and goods on the market.
Article 18. Obligation to Publicly Announce Recall of Defective Products and Goods
1. In cases where defective products and goods fall under Group A as prescribed in point a, Clause 1 or point c, Clause 1 of Article 33 of the Consumer Rights Protection Law, within three working days from the time of discovering defective products and goods or receiving a recall request from the competent state management agency, business organizations and individuals must carry out the obligation to publicly announce and publicly notify about the defective products and goods and their recall according to points b and c, Clause 2 of Article 33 of the Consumer Rights Protection Law.
2. In cases where defective products and goods fall under Group B as prescribed in point b, Clause 1 of Article 33 of the Consumer Rights Protection Law, within five working days from the time of discovering defective products and goods or receiving a recall request from the competent state management agency, business organizations and individuals must carry out the obligation to publicly announce about the defective products and goods and their recall according to point b, Clause 2 of Article 33 of the Consumer Rights Protection Law.
3. Where the law provides a different deadline for carrying out the obligations to publicly announce and publicly notify about defective products and goods and their recall as stipulated in Clauses 1 and 2 of this Article, business organizations and individuals shall implement the public announcement and public notification about defective products and goods and their recall according to the deadline set forth in other laws.
Article 19. Reporting to Competent State Agencies on the Recall of Defective Products and Goods
1. Prior to conducting the recall of defective products and goods, business organizations and individuals have the responsibility to report to the state management agency for consumer rights protection and related state management agencies according to Form No. 08 issued together with this Decree.
2. Except where otherwise provided by law, within five working days from the end of the recall of defective products and goods or from the date of receipt of a reporting request from the state management agency for consumer rights protection and related state management agencies, business organizations and individuals have the responsibility to report the results of the recall to these agencies according to Form No. 09 issued together with this Decree.
3. In cases where the recall of defective products and goods is conducted only within the territory of one province or centrally-administered city, business organizations and individuals shall submit the recall report to the provincial-level state management agency for consumer rights protection under the People's Committee of the province and the relevant provincial-level specialized agency where the recall is carried out.
In cases where the recall of defective products and goods is conducted within the territory of two or more provinces or centrally-administered cities, business organizations and individuals shall submit the recall report to the state management agency for consumer rights protection under the Ministry of Industry and Trade and the central-level related state management agencies for inspection and monitoring; at the same time, they shall report to the provincial-level state management agency for consumer rights protection and the relevant provincial-level specialized agency where the recall is carried out so that these agencies can coordinate to inspect and monitor the recall in the locality.
Article 20. Sources of information and data for identifying specific groups of defective products and goods
1. The identification of specific groups of defective products and goods under this Decree shall be carried out in accordance with Clause 4, Article 3 and Clause 1, Article 33 of the Consumer Rights Protection Law.
2. The identification of specific groups of defective products and goods may be based on one or more of the following sources of information and data:
a) Notifications and warnings from competent authorities of countries and territories;
b) Notifications and warnings from international organizations to which Vietnam is a member state;
c) Court judgments and decisions;
d) Information and warnings from specialized state management agencies;
đ) Decisions on recalling defective products and goods by competent authorities that remain valid;
e) Determinations regarding groups of defective products and goods by business organizations and individuals;
g) Other sources of information and data that state management agencies responsible for consumer rights protection and related state management agencies can prove to be authentic or have sufficient scientific basis.
3. Business organizations and individuals have the responsibility to accurately identify specific groups of defective products and goods themselves to implement recall programs as prescribed and must bear full responsibility for the identification of specific groups of defective products and goods as stipulated in Clause 1 and Clause 2 of this Article.
4. In cases where there is evidence suggesting that the identification of specific groups of defective products and goods by business organizations is inappropriate, state management agencies responsible for consumer rights protection and related state management agencies have the right to require business organizations to adjust their identification to be appropriate in order to carry out the obligation of recalling defective products and goods according to the newly identified groups of defective products and goods and in accordance with the provisions of the law.
Article 21. State Management Agencies Responsible for Monitoring and Supervising the Implementation of Recall of Defective Products and Goods
1. State management agencies responsible for consumer rights protection and related state management agencies have the responsibility to accept reports from business organizations and individuals and to monitor and supervise the implementation of the recall of defective products and goods as prescribed in Articles 32 and 33 of the Consumer Rights Protection Law.
2. Provincial-level state management agencies responsible for consumer rights protection and provincial-level specialized agencies where the recall of defective products and goods is being implemented have the responsibility to monitor and supervise the implementation of the recall to ensure that it complies with the contents of the reports and notifications provided by business organizations and individuals, safeguarding the legitimate rights and interests of consumers, and complying with legal regulations.
3. In cases where the recall of defective products and goods is conducted in two or more centrally-administered cities or provinces, central-level state management agencies responsible for consumer rights protection and related central-level state management agencies have the responsibility to monitor and supervise the implementation of the recall; at the same time, they direct and coordinate with provincial-level state management agencies responsible for consumer rights protection and provincial-level specialized agencies where the recall is being implemented to jointly monitor and supervise in the relevant localities.
4. When necessary, state management agencies responsible for consumer rights protection and related state management agencies have the right to require business organizations to adjust and supplement necessary measures in the recall program to protect consumer rights in accordance with the law.
Chapter VI
RESPONSIBILITIES OF BUSINESS ORGANIZATIONS AND INDIVIDUALS TOWARDS CONSUMERS IN SPECIAL TRANSACTIONS
RESPONSIBILITIES OF BUSINESS ORGANIZATIONS AND INDIVIDUALS TOWARDS CONSUMERS IN SPECIAL TRANSACTIONS
Article 22. Responsibilities of organizations and individuals engaged in business in remote transactions
1. In cases where information on the process for handling product exchanges and returns, goods, services is provided, such information must include the following:
a) Specific timeframes allowing consumers to carry out exchanges and returns;
b) Steps and deadlines for each step in the process;
c) Contact information for the department responsible for handling when consumers report or lodge complaints about the implementation of this process.
2. In cases where information on the process for receiving and resolving consumer reports, requests, and complaints is provided, such information must include the following:
a) Methods for receiving consumer reports, requests, and complaints;
b) Steps and deadlines for each step in the process;
c) Cases prioritized for reception and resolution;
d) Guidance on the information and documents required to be provided to facilitate the reception and resolution process (if applicable).
Article 23. Responsibilities of organizations establishing and operating large digital platforms
1. Publicly disclose criteria for determining priority display of products, goods, services if the platform has search functionality. If the displayed content is paid or sponsored content, it must be disclosed in the search results for products, goods, services.
The establishment and public disclosure of criteria for determining priority display of products, goods, services when using search functionality must comply with relevant legal provisions.
2. Maintain an online reporting account and provide the following information and data, updated up to the date requested for reporting to serve the inspection and supervision activities of competent state management agencies according to the law:
a) Establishment of an advertising storage repository using algorithms targeting consumers, specific consumer groups including the following information: location of storage repository establishment; storage capacity; advertising content;
b) Content review, use of algorithm systems, and targeted advertising towards specific consumer groups;
c) Use of algorithm systems and targeted advertising towards vulnerable consumer groups as stipulated in Clause 1, Article 8 of the Consumer Protection Law;
d) Implementation of regulations on handling unverified identity accounts, use of artificial intelligence, and fully or partially automated solutions during the reporting period;
đ) Public disclosure of amendments and supplements to the rules of intermediary digital platforms during the reporting period; delineation of responsibilities of parties involved in managing and operating intermediary digital platform transactions;
e) Provision of information on organizations and individuals engaged in business activities on intermediary digital platforms when consumers request such information when transacting with these organizations and individuals;
g) Removal of feedback and evaluations of organizations and individuals selling products, goods, services in cases where such feedback and evaluations violate legal provisions or social morals;
h) Reception and resolution of consumer reports, requests, and complaints related to products, goods, services, and information content on intermediary digital platforms;
i) Prioritization of displaying evaluations, feedback, and recommendations from social organizations participating in consumer rights protection or credit rating organizations as prescribed by law;
k) Transparency in online advertising activities according to legal provisions in cases where there is advertising activity;
l) Content review and information verification activities carried out upon request of competent state authorities;
m) Verification of the identity of organizations and individuals selling products, goods, providing services on their intermediary digital platforms;
n) Permitting and managing foreign organizations and individuals selling, providing products, goods, services to consumers within Vietnam's territory;
o) Measures taken to address violations by parties involved in transactions on the platform according to operational rules; to rectify issues based on consumer complaints; to implement conclusions and violation handling decisions of competent state authorities.
3. Organizations establishing and operating large digital platforms are responsible for providing the information and data specified in Clause 2 of this Article through an online form to the electronic portal of the state management agency for consumer rights protection under the Ministry of Industry and Trade within five working days from the date of being requested to report, and bear full responsibility for the accuracy and completeness of the provided information and data, and compliance with consumer rights protection laws regarding the information and data.
Article 24. Publicizing and Removing Consumer Warning Information in Online Transactions
1. The list of organizations and individuals conducting business online who have violated laws on protecting consumer rights shall be publicly announced through mass media, posted at their headquarters, and uploaded on the electronic portal of ministries, ministerial-level agencies, and provincial People's Committees.
2. The content for public announcement includes:
Name and address of the organization or individual conducting business online who has violated laws on protecting consumer rights;
Violating acts and locations;
Issuing authority, number, date, month, and year of the decision to handle violations of laws on protecting consumer rights.
3. The period for publicizing organizations and individuals conducting business online who have violated laws on protecting consumer rights is thirty days from the date of announcement. After this period, the entity that published the information will stop or remove the information about the organization or individual conducting business online who has violated laws on protecting consumer rights.
1. Multi-level marketing selling organizations have the following responsibilities:
a) Adhering to regulations on signing participation contracts in multi-level marketing sales in writing and providing such contracts to participants according to the operating rules;
b) Adhering to regulations on basic training for multi-level marketing sales participants within thirty days from the date of signing the participation contract in multi-level marketing sales according to the operating rules;
c) Adhering to the responsibility of maintaining the ratio of revenue from selling goods to consumers who are not multi-level marketing sales participants according to the operating rules, reward plans, and relevant laws;
Revenue referred to herein is revenue generated by participants when selling to consumers or revenue generated by the multi-level marketing sales company when selling to consumers through the participant's referral code;
d) Fulfilling other responsibilities as prescribed by laws on managing multi-level marketing sales activities and related laws.
2. Multi-level marketing sales individuals have the following responsibilities:
a) Retaining the participation contract in multi-level marketing sales according to the operating rules;
b) Participating in the basic training program according to the operating rules within thirty days from the date of signing the participation contract in multi-level marketing sales;
c) Fulfilling other responsibilities as prescribed by laws on managing multi-level marketing sales activities and related laws.
Article 26. Notification of Non-Fixed Location Sales Activities
1. Organizations and individuals conducting business must notify the People's Committee of the commune where products, goods, or services are sold according to one of the following methods:
a) Through postal service;
b) Directly at the People's Committee of the commune office;
c) Via email with digital signature or scanned notification with signature and stamp of the organization or individual conducting business sent to the email address published by the People's Committee of the commune;
d) Using the online public service system provided by the People's Committee of the commune.
2. The notification file includes one notification of non-fixed location sales activities according to Model No. 10 attached as an appendix to this Decree.
3. The notification file must be submitted to the People's Committee of the commune at least three working days before the activity begins (based on the date recorded on the postal receipt in case of sending via postal service, based on the date recorded on the receipt slip in case of direct submission, based on the time recorded on the email system in case of submission via email system, or based on the date recorded on the system in case of submission via the online public service system).
4. In cases where the content of previously notified activities needs to be amended or supplemented, organizations and individuals conducting business must notify the amendment or supplementation of the activity content to the People's Committee of the commune where the notification was made. Such notifications of amendments or supplements shall be made according to Model No. 11 attached as an appendix to this Decree and in accordance with the provisions of this Article.
Article 27. Responsibilities of the People's Committee at the commune level in non-fixed location sales activities
1. Create favorable conditions for organizations and individuals to carry out the sale of products, goods, and provision of services in accordance with the contents already announced.
2. Retain announcement records for a minimum period of two years from the date of conducting sales activities.
3. Publicize the full content of the announcements made by organizations and individuals in a suitable manner so that consumers in the area are aware. Such publicity shall be carried out before and during the time when organizations and individuals conduct sales activities and provide services in the area.
Chapter VII
COMPENSATION FOR DAMAGE IN CIVIL CASES INVOLVING THE PROTECTION OF CONSUMER RIGHTS INITIATED BY SOCIAL ORGANIZATIONS FOR PUBLIC INTEREST
RIGHTS OF CONSUMERS BY SOCIAL ORGANIZATIONS
BRING SUIT FOR PUBLIC INTEREST
Article 28. Compensation money in civil cases involving the protection of consumer rights initiated by social organizations for public interest
In cases where the beneficiary cannot be identified, the compensation money in civil cases involving the protection of consumer rights initiated by social organizations for public interest will be deposited into the state budget according to the following principle:
1. The compensation money of cases where social organizations participating in protecting consumer rights operate across two provinces or centrally-run cities and initiate litigation will be deposited into the central government budget.
2. The compensation money of cases where social organizations participating in protecting consumer rights operate within one province or centrally-run city and initiate litigation will be deposited into the local government budget.
Chapter VIII
IMPLEMENTING PROVISIONS
Article 29. Effective Date
1. This Decree takes effect from July 1, 2024.
2. Decree No. 99/2011/ND-CP dated October 27, 2011 of the Government detailing and guiding the implementation of certain provisions of the Consumer Rights Protection Law ceases to be effective from the date this Decree takes effect.
Article 30. Responsibility for Implementation
The Minister, Heads of ministerial-level agencies, Heads of governmental agencies, Chairpersons of People's Committees of provinces and centrally-run cities, and relevant agencies, organizations, and individuals within their respective functions and duties are responsible for implementing this Decree.
KT. PRIME MINISTER
DEPUTY PRIME MINISTER
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