Law on Consumer Rights Protection No. 59/2010/QH12

LAW

Protection of Consumer Rights

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BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly enacts the Law on Protection of Consumer Rights,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the rights and obligations of consumers; the responsibilities of organizations and individuals engaged in trading goods and services towards consumers; the responsibilities of social organizations in participating in the protection of consumer rights; resolving disputes between consumers and organizations and individuals engaged in trading goods and services; state management responsibilities for protecting consumer rights.

Article 2. Applicability

This Law applies to consumers; organizations and individuals engaged in trading goods and services; agencies, organizations, and individuals related to activities for protecting consumer rights within the territory of Vietnam.

Article 3. Explanation of Terms

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

1. Consumers are individuals who purchase and use goods and services for personal, household, or organizational consumption purposes.

2. Organizations and individuals engaged in trading goods and services are organizations and individuals implementing one, several, or all stages of the investment process from production to distribution of goods or provision of services in the market with the aim of profit-making, including:

a) Business operators as defined by the Commercial Law;

b) Independent traders engaging in commercial activities regularly without the need for business registration.

3. Defective goods are goods that do not ensure safety for consumers, have the potential to cause harm to life, health, or property of consumers, including cases where such goods are produced according to current technical standards or regulations but defects are not discovered at the time of supply to consumers, including:

a) Goods produced in batches with defects arising from technical design;

b) Individual goods with defects arising from the production, processing, transportation, or storage processes;

c) Goods that pose a risk to safety during use but lack adequate instructions or warnings for consumers.

4. Harassment of consumers is behavior involving direct or indirect contact with consumers to introduce goods, services, organizations, or individuals engaged in trading goods and services, or to propose contract formation contrary to the wishes of consumers, thereby hindering or affecting their normal work and daily life.

5. Standard form contracts are contracts drafted by organizations and individuals engaged in trading goods and services for transactions with consumers.

6. General terms and conditions are provisions and rules for selling goods and providing services published and applied by organizations and individuals engaged in trading goods and services to consumers.

7. Mediation is the resolution of disputes between consumers and organizations and individuals engaged in trading goods and services through a third party.

Article 4. Principles of Protecting Consumer Rights

1. Protecting consumer rights is a shared responsibility of the State and society as a whole.

2. Consumer rights are respected and protected in accordance with the provisions of the law.

3. Protection of consumer rights must be timely, fair, transparent, and in compliance with the law.

4. Activities for protecting consumer rights shall not infringe upon the interests of the State, lawful rights and interests of organizations and individuals engaged in trading goods and services, and other organizations and individuals.

Article 5. State Policy on Protecting Consumer Rights

1. Creating favorable conditions for organizations and individuals to proactively participate in protecting consumer rights.

2. Encouraging organizations and individuals to apply and develop advanced technology for producing safe goods and providing quality services.

3. Consistently implementing comprehensive measures to manage and supervise compliance with laws by organizations and individuals engaged in trading goods and services.

4. Mobilizing all resources to increase investment in material infrastructure and develop human resources for agencies and organizations responsible for protecting consumer rights; continuously strengthening advisory, support, publicity, dissemination, and guidance on knowledge for consumers.

5. Promoting integration, expanding international cooperation, sharing information, and management experiences in protecting consumer rights.

Article 6. Protection of Consumer Information

1. Consumers are guaranteed safety and confidentiality of their information when participating in transactions, using goods and services, except where authorized state agencies require otherwise.

2. In cases of collecting, using, or transferring consumer information, organizations and individuals engaged in trading goods and services shall be responsible for:

a) Clearly and publicly informing consumers about the purpose of collecting and using their information before implementation;

b) Using information in accordance with the purposes already informed to consumers and must obtain their consent;

c) Ensuring safety, accuracy, and completeness when collecting, using, and transferring consumer information;

d) Updating or adjusting consumer information themselves or through measures when inaccuracies are discovered;

đ) Only transferring consumer information to third parties with the consumer's consent, except where otherwise provided by law.

Article 7. Protection of Consumer Rights in Transactions with Individuals Engaged in Independent Commercial Activities Regularly Without Registration

1. Based on the provisions of this Law and other relevant laws, the Government shall provide detailed regulations on protecting consumer rights in transactions with individuals engaged in independent commercial activities regularly without registration.

2. Based on the provisions of this Law, Government regulations, and specific local conditions, People's Committees of communes, wards, towns, market management boards, and commercial zones shall implement specific measures to ensure quality, quantity, and food safety for consumers when purchasing and using goods and services from individuals engaged in independent commercial activities regularly without registration.

Article 8. Rights of Consumers

1. Being guaranteed safety of life, health, property, and other legitimate rights and interests when participating in transactions and using goods and services provided by organizations and individuals engaged in trading goods and services.

2. Receiving accurate and complete information about organizations and individuals engaged in trading goods and services; transaction contents; origin and source of goods; receiving invoices, certificates, and documents related to transactions and necessary information about goods and services that consumers have purchased and used.

3. Selecting goods and services, organizations, and individuals engaged in trading goods and services according to their needs and actual conditions; deciding to participate or not participate in transactions and the terms agreed upon when participating in transactions with organizations and individuals engaged in trading goods and services.

4. Providing opinions to organizations and individuals engaged in trading goods and services regarding prices, quality, service style, transaction methods, and other contents related to transactions between consumers and organizations and individuals engaged in trading goods and services.

5. Participating in building and enforcing policies and laws on protecting consumer rights.

6. Requesting compensation for damages when goods and services do not meet technical standards, specifications, quality, quantity, functions, utilities, prices, or other contents that organizations and individuals engaged in trading goods and services have announced, posted, advertised, or committed to.

7. Filing complaints, denunciations, initiating lawsuits, or requesting social organizations to initiate lawsuits to protect their rights according to this Law and other relevant legal provisions.

8. Receiving advisory, support, and guidance on knowledge related to consuming goods and services.

Article 9. Obligations of Consumers

1. Inspect goods before receiving them; choose to consume goods and services with clear origin and place of manufacture, which do not harm the environment, violate social customs and morals, and do not pose a danger to their own or others' lives and health; accurately and fully follow the instructions for using goods and services.

2. Provide information to state agencies, organizations, or individuals related to the discovery of goods and services circulating on the market that do not ensure safety, causing damage or threatening to cause damage to consumers' lives, health, and property; actions of organizations or individuals operating goods and services that infringe upon consumers' legitimate rights and interests.

Article 10. Prohibited Acts

1. Organizations or individuals operating goods and services deceive or cause confusion to consumers through advertising activities or concealment, provision of incomplete, incorrect, or inaccurate information regarding the following contents:

a) Goods and services provided by organizations or individuals operating goods and services;

b) The reputation, business capacity, and ability to supply goods and services of organizations or individuals operating goods and services;

c) The content and characteristics of transactions between consumers and organizations or individuals operating goods and services.

2. Organizations or individuals operating goods and services harass consumers through marketing activities contrary to the wishes of consumers two or more times or engage in other acts that obstruct or affect consumers' normal work and daily life.

3. Organizations or individuals operating goods and services compel consumers through the implementation of one of the following acts:

a) Using force, threatening to use force, or other measures causing damage to consumers' lives, health, dignity, reputation, personality, or property;

b) Taking advantage of consumers' difficult circumstances or natural disasters, epidemics to compel transactions.

4. Organizations or individuals operating goods and services conduct commercial promotion activities or propose direct transactions with persons who lack civil capacity or have lost civil capacity.

5. Organizations or individuals operating goods and services require consumers to pay for goods and services provided without prior agreement with the consumers.

6. Consumers, social organizations participating in protecting consumer rights, organizations, or individuals operating goods and services take advantage of consumer protection to infringe upon the interests of the State, the legitimate rights and interests of other organizations or individuals.

7. Organizations or individuals operating goods and services take advantage of consumers' difficult circumstances or natural disasters, epidemics to provide goods and services that do not meet quality standards.

8. Organizations or individuals operating goods and services that do not meet quality standards cause damage to consumers' lives, health, and property.

Article 11. Handling Violations of Consumer Protection Law

1. Individuals violating consumer protection laws shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation, and if damage is caused, they must compensate according to the provisions of the law.

2. Organizations violating consumer protection laws shall be subject to administrative penalties depending on the nature and severity of the violation, and if damage is caused, they must compensate according to the provisions of the law.

3. Individuals taking advantage of their positions or powers to violate consumer protection laws shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation, and if damage is caused, they must compensate according to the provisions of the law.

4. The Government shall specify details on administrative penalties for violations of consumer protection laws.

Chapter II

LIABILITY OF ORGANIZATIONS AND INDIVIDUALS OPERATING

GOODS AND SERVICES TOWARDS CONSUMERS

Article 12. Obligations of organizations and individuals engaged in goods and services trading in providing information about goods and services to consumers

1. Labeling goods in accordance with the provisions of the law.

2. Publicly displaying prices of goods and services at business locations and service offices.

3. Warning consumers about the potential negative impact of goods and services on their health, lives, and property, and preventive measures.

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

5. Providing usage instructions; conditions, duration, location, and procedures for warranty in cases where goods and services have warranties.

6. Accurately and fully informing consumers about standard contracts and general transaction terms before conducting transactions.

Article 13. Obligations of third parties in providing information about goods and services to consumers

1. In cases where organizations and individuals engaged in goods and services trading provide information to consumers through third parties, such third parties shall be responsible for:

a) Ensuring the accurate and complete provision of information about the goods and services provided;

b) Requesting organizations and individuals engaged in goods and services trading to provide evidence proving the accuracy and completeness of the information about the goods and services;

c) Jointly bearing responsibility for the provision of inaccurate or incomplete information, except in cases where they can prove that they have implemented all measures prescribed by law to verify the accuracy and completeness of the information about the goods and services;

d) Adhering to laws on press and advertising.

2. In cases where organizations and individuals engaged in goods and services trading provide information to consumers through media channels, the owners of the media and providers of communication services shall be responsible for:

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

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

c) Refusing to allow organizations and individuals engaged in goods and services trading to use their managed media and services if such use could lead to harassment of consumers;

d) Ceasing to allow organizations and individuals engaged in goods and services trading to use their managed media and services to harass consumers upon request of the consumers or competent state authorities.

Article 14. Contracts concluded with consumers

1. The form of contracts concluded with consumers shall be carried out in accordance with the provisions of civil law.

2. In cases where contracts are concluded with consumers in writing, the language of the contract must be clearly expressed and easily understood.

The language used in contracts concluded with consumers shall be Vietnamese, except in cases where the parties agree otherwise or the law provides differently.

3. In cases where contracts are concluded electronically, organizations and individuals engaged in goods and services trading must create conditions for consumers to review the entire contract before concluding it.

4. The Government shall specify in detail other forms of contract conclusion with consumers.

Article 15. Interpretation of Contracts with Consumers

In cases where there are different understandings regarding the content of the contract, the competent organization or individual resolving disputes shall interpret the contract in favor of the consumer.

Article 16. Provisions of Contracts with Consumers and General Trading Conditions without Effectiveness

1. The provisions of contracts with consumers and general trading conditions shall be without effectiveness in the following cases:

a) Excluding the liability of organizations and individuals operating goods and services towards consumers as prescribed by law;

b) Limiting or excluding the right of consumers to lodge complaints or initiate lawsuits;

c) Permitting organizations and individuals operating goods and services to unilaterally change the terms of the contract already agreed upon with consumers or rules and regulations for selling goods and providing services applicable to consumers at the time of purchase or use, which are not specifically stated in the contract;

d) Permitting organizations and individuals operating goods and services to unilaterally determine that consumers have failed to perform one or more obligations;

đ) Permitting organizations and individuals operating goods and services to stipulate or change prices at the time of delivering goods or providing services;

e) Permitting organizations and individuals operating goods and services to interpret the contract in cases where the provisions of the contract are understood differently;

g) Excluding the liability of organizations and individuals operating goods and services when such organizations and individuals sell goods or provide services through third parties;

h) Obligating consumers to fulfill their obligations even if organizations and individuals operating goods and services fail to fulfill their own obligations;

i) Permitting organizations and individuals operating goods and services to transfer rights and obligations to third parties without the consent of consumers.

2. The declaration and handling of provisions of contracts with consumers and general trading conditions without effectiveness shall be carried out in accordance with the provisions of civil law.

Article 17. Performance of Standard Form Contracts

1. When concluding standard form contracts, organizations and individuals operating goods and services must allocate reasonable time for consumers to study the contract.

2. Organizations and individuals operating goods and services must retain standard form contracts concluded until the contract expires. In cases where the contract is kept confidential by the consumer or is damaged, organizations and individuals operating goods and services are responsible for providing consumers with a copy of the contract.

Article 18. Implementation of General Trading Conditions

1. Organizations and individuals operating goods and services using general trading conditions must publicly announce such conditions before engaging in transactions with consumers.

2. General trading conditions must clearly specify the application date and must be posted in a convenient location at the transaction site so that consumers can see them.

Article 19. Supervision of Standard Form Contracts and General Trading Conditions

1. Organizations and individuals operating goods and services listed in the Essential Goods and Services Catalog issued by the Prime Minister must register standard form contracts and general trading conditions with the competent state management agency for protecting consumer rights.

2. The competent state management agency for protecting consumer rights may itself or at the request of consumers require organizations and individuals operating goods and services to cancel or amend standard form contracts and general trading conditions in cases where such contracts and conditions violate consumer rights.

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

Article 20. Obligation to Provide Transaction Evidence

1. Organizations and individuals engaged in trading goods and services shall be responsible for providing consumers with invoices or relevant documents and materials related to transactions in accordance with the provisions of the law or at the request of the consumer.

2. In cases where transactions are conducted through electronic means, organizations and individuals engaged in trading goods and services shall be responsible for creating conditions for consumers to access, download, store, and print invoices, documents, and materials as stipulated in Clause 1 of this Article.

Article 21. Obligation to Provide Warranty for Goods, Spare Parts, and Accessories

Goods, spare parts, and accessories shall be covered by warranty according to the agreement between the parties or by mandatory warranty under the provisions of the law. In cases where goods, spare parts, and accessories are covered by warranty, organizations and individuals engaged in trading goods shall be responsible for:

1. Fulfilling all obligations to provide warranty for goods, spare parts, and accessories they supply;

2. Providing consumers with a receipt for warranty acceptance, clearly indicating the time frame for performing the warranty. The time taken to perform the warranty does not count towards the warranty period for goods, spare parts, and accessories. In cases where organizations and individuals engaged in trading goods replace spare parts, accessories, or exchange new goods, the warranty period for those spare parts, accessories, or goods will be calculated from the date of replacement or exchange;

3. Providing consumers with similar goods, spare parts, or accessories for temporary use or other forms of resolution acceptable to the consumer during the warranty performance period;

4. Exchanging similar new goods, spare parts, or accessories or recovering the goods, spare parts, or accessories and refunding the money to the consumer if the warranty period has expired without the defect being repaired or resolved;

5. Exchanging similar new goods, spare parts, or accessories or recovering the goods and refunding the money to the consumer if the warranty for goods, spare parts, or accessories has been performed three times or more within the warranty period but the defect remains unresolved;

6. Bearing the costs of repairing, transporting goods, spare parts, or accessories to the warranty location and from the warranty location to the consumer's place of residence;

7. Being responsible for the warranty of goods, spare parts, or accessories for consumers even when delegating another organization or individual to perform the warranty.

Article 22. Obligation to Recall Defective Goods

Upon discovering defective goods, organizations and individuals producing or importing goods shall be responsible for:

1. Promptly taking all necessary measures to stop the supply of defective goods on the market;

2. Publicly announcing information about the defective goods and the recall process for those goods in at least five consecutive issues of daily newspapers or five consecutive days on local radio or television stations where the goods are circulated, including the following contents:

a) Description of the goods to be recalled;

b) Reason for recalling the goods and warning of potential damage caused by defects in the goods;

c) Time, location, and method of recalling the goods;

d) Time and method of rectifying defects in the goods;

đ) Necessary measures to protect the rights of consumers during the recall process;

3. Implementing the recall of defective goods in accordance with the publicly announced content and bearing any additional costs incurred during the recall process;

4. Reporting the results to the provincial-level state management agency for protecting consumer rights after completing the recall of defective goods; in cases where the recall of defective goods is carried out in two provinces or more, reporting the results to the central state management agency for protecting consumer rights.

Article 23. Liability for Compensation for Damage Caused by Defective Goods

1. Organizations and individuals engaged in trading goods shall be liable to compensate for damage caused by defective 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 defects, except as provided for in Article 24 of this Law.

2. Organizations and individuals engaged in trading goods as specified in Clause 1 of this Article include:

a) Organizations and individuals producing goods;

b) Organizations and individuals importing goods;

c) Organizations and individuals affixing their trade name on goods or using trademarks, trade identifiers allowing recognition as the producer or importer of goods;

d) Organizations and individuals directly supplying defective goods to consumers when it is not possible to identify the organization or individual responsible for compensation as specified in points a, b, and c of this clause.

3. The compensation for damage shall be carried out in accordance with the provisions of civil law.

Article 24. Exemption from Liability for Compensation for Damage Caused by Defective Goods

Organizations and individuals engaged in trading goods as stipulated in Article 23 of this Law shall be exempted from liability to compensate for damage when they prove that the defect in the goods could not have been detected with the level of science and technology at the time the organization or individual traded the goods to consumers.

Article 25. Request for State Administrative Agencies to Protect Consumer Rights

1. In cases where violations of laws protecting consumer rights by organizations and individuals engaged in trading goods and services causing damage to national interests, the interests of many consumers, or public interest are discovered, consumers and social organizations have the right to request directly or in writing to the state administrative agency for protecting consumer rights at the district level where the transaction was conducted to resolve the issue.

2. Consumers and social organizations have the obligation to provide relevant information and evidence regarding the violation by organizations and individuals engaged in trading goods and services.

Article 26. Resolution of Requests to Protect Consumer Rights

1. Upon receiving a request from a consumer, the state administrative agency for protecting consumer rights at the district level shall be responsible for requesting the parties to explain, provide information, and evidence, or itself verify and collect information and evidence to handle the matter in accordance with the law.

2. The state administrative agency for protecting consumer rights at the district level shall be responsible for responding in writing to the resolution of requests to protect consumer rights; in cases where it determines that organizations and individuals engaged in trading goods and services have violated consumer rights, the written response must include the following contents:

a) Content of the violation;

b) Measures to remedy the consequences;

c) Deadline for implementing measures to remedy the consequences;

d) Administrative penalty measures, if applicable.

3. The measures to remedy the consequences as specified in point b of Clause 2 of this Article include:

a) Compelling organizations and individuals engaged in trading goods and services to recall, destroy goods, or cease providing goods and services;

b) Suspending or temporarily suspending business operations of violating organizations and individuals;

c) Compelling organizations and individuals engaged in trading goods and services to remove clauses violating consumer rights from standard contracts or general terms of transactions.

4. In addition to the measures prescribed in Clause 3 of this Article, organizations and individuals engaged in trading goods and services who reoffend shall also be included in the List of Organizations and Individuals Engaged in Trading Goods and Services Violating Consumer Rights.

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

Chapter III

RESPONSIBILITY OF SOCIAL ORGANIZATIONS IN PARTICIPATING

IN PROTECTING CONSUMER RIGHTS

Article 27. Social organizations participating in protecting consumer rights

1. Social organizations established in accordance with the provisions of the law and operating under their charters may participate in activities to protect consumer rights.

2. The activities of social organizations in protecting consumer rights must comply with the provisions of this Law and other relevant laws.

Article 28. Contents of participation in protecting consumer rights by social organizations

1. Social organizations participate in protecting consumer rights through the following activities:

a) Guiding, assisting, and advising consumers upon request;

b) Representing consumers in initiating lawsuits or initiating lawsuits themselves for public interest;

c) Providing state management agencies responsible for protecting consumer rights with information on violations of the law by organizations and individuals engaged in trading goods and services;

d) Independently surveying and testing; publishing the results of surveys and tests on the quality of goods and services conducted by themselves; informing and warning consumers about goods and services and bearing legal responsibility for such information and warnings; recommending state authorities with jurisdiction to handle violations of laws related to protecting consumer rights;

e) Participating in drafting laws, policies, directions, plans, and measures to protect consumer rights;

f) Fulfilling tasks assigned by state agencies as stipulated in Article 29 of this Law;

g) Participating in disseminating, popularizing, and educating about laws and consumption knowledge.

2. The Government shall specify conditions for social organizations participating in protecting consumer rights to exercise the right to initiate lawsuits for public interest as provided for in point b, Clause 1 of this Article.

Article 29. Fulfillment of assigned tasks

1. When fulfilling tasks assigned by state agencies, social organizations participating in protecting consumer rights shall be supported by the State with funding and other necessary conditions in accordance with the provisions of the law.

2. The Government shall specify in detail the tasks assigned by state agencies for social organizations participating in protecting consumer rights to fulfill.

Chapter IV

RESOLUTION OF DISPUTES BETWEEN CONSUMERS AND

ORGANIZATIONS AND INDIVIDUALS TRADING GOODS AND SERVICES

Article 30. Methods of resolving disputes between consumers and organizations and individuals trading goods and services

1. Disputes arising between consumers and organizations and individuals trading goods and services shall be resolved through:

a) Negotiation;

b) Mediation;

c) Arbitration;

d) Court.

2. Negotiation and mediation shall not be allowed in cases where disputes cause damage to the interests of the State, the interests of many consumers, or public interests.

Section 1

NEGOTIATION

Article 31. Negotiation

1. Consumers have the right to send requests to organizations and individuals trading goods and services for negotiation when they believe that their legitimate rights and interests have been violated.

2. Organizations and individuals trading goods and services shall have the responsibility to accept and negotiate with consumers within a period not exceeding seven working days from the date of receipt of the request.

Article 32. Results of negotiation

The results of successful negotiations between organizations and individuals trading goods and services and consumers shall be documented in writing, except in cases where the parties agree otherwise.

Section 2

MEDIATION

Article 33. Mediation

Organizations, individuals engaged in goods and services trading and consumers have the right to agree on selecting a third party, either an individual or an organization, to conduct mediation.

Article 34. Principles for Implementing Mediation

1. Ensuring objectivity, honesty, good faith, without coercion or deception.

2. Organizations and individuals conducting mediation, as well as parties participating in mediation, must ensure confidentiality regarding information related to the mediation process, except where the parties have agreed otherwise or where the law provides differently.

Article 35. Mediation Organization

Organizations and individuals meeting the conditions prescribed by the Government may establish a mediation organization to resolve disputes between consumers and organizations or individuals engaged in goods and services trading.

Article 36. Mediation Minutes

1. The mediation minutes must include the following main contents:

a) Organizations and individuals conducting mediation;

b) Parties participating in mediation;

c) Content of mediation;

d) Time and place of mediation;

đ) Opinions of the parties participating in mediation;

e) Results of mediation;

g) Deadline for implementing the results of successful mediation.

2. The mediation minutes must be signed by the parties participating in mediation and confirmed by the signature of the organizations or individuals conducting mediation.

Article 37. Implementation of Successful Mediation Results

The parties are responsible for implementing the results of successful mediation within the agreed timeframe in the mediation minutes; if one party does not voluntarily implement it, the other party has the right to initiate a lawsuit with the Court to request resolution according to the provisions of the law.

Section 3

ARBITRATION

Article 38. Effectiveness of Arbitration Clause

Organizations and individuals engaged in goods and services trading must notify about the arbitration clause before concluding a contract and obtain the consumer's consent. In cases where the arbitration clause is included in the contract template or general terms of trade by organizations or individuals engaged in goods and services trading, when disputes arise, individual consumers have the right to choose another dispute resolution method.

Article 39. Procedure and Process for Resolving Disputes at Arbitration

The procedure and process for resolving disputes at arbitration shall be carried out in accordance with the provisions of the law on commercial arbitration.

Article 40. Burden of Proof

The burden of proof in resolving disputes at arbitration shall be implemented in accordance with Article 42 of this Law.

Section 4

DISPUTE RESOLUTION AT COURT

Article 41. 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 the protection of consumer rights under this Law.

2. Civil cases for protecting consumer rights shall be resolved through simplified procedures provided for in civil procedural laws when the following conditions are met:

a) The plaintiff is an individual consumer; the defendant is an organization or individual directly providing goods or services to the consumer.

b) The case is simple, with clear evidence.

c) The transaction value is less than 100 million dong.

Article 42. Burden of Proof in Civil Cases for Protecting Consumer Rights

1. Consumers have the obligation to provide evidence and prove their claims in civil cases to protect their legitimate rights and interests in accordance with civil procedural laws, except for proving the fault of organizations or individuals engaged in goods and services trading.

2. Organizations and individuals engaged in goods and services trading have the obligation to prove that they are not at fault causing damage.

3. The Court decides on the party at fault in civil cases for protecting consumer rights.

Article 43. Court Fees for Civil Cases to Protect Consumer Rights

1. Court fees for civil cases to protect consumer rights shall be implemented in accordance with the provisions of the law on court fees.

2. Consumers initiating civil cases to protect their legitimate rights and interests shall not have to pay advance court fees.

Article 44. Notification of Information Regarding Civil Cases to Protect Consumer Rights Initiated by Social Organizations

1. Social organizations participating in protecting consumer rights shall have the responsibility to publicly announce information about the initiation of lawsuits through appropriate means, and bear responsibility for the information they publish, ensuring that it does not affect the normal operations of businesses selling goods and services.

2. The contents of the notification as stipulated in Clause 1 of this Article include:

a) Social organizations participating in protecting consumer rights initiating the lawsuit;

b) Businesses and individuals being sued;

c) Content of the lawsuit;

d) Procedures and deadlines for registering to participate in the case.

3. Courts shall have the responsibility to publicly post information about the acceptance of the case at the court's headquarters within three working days from the date of accepting the case in accordance with the provisions of civil procedural law.

Article 45. Notification of Court Decisions Resolving Civil Cases to Protect Consumer Rights Initiated by Social Organizations

Court decisions resolving civil cases to protect consumer rights initiated by social organizations must be publicly posted at the court's headquarters and publicly announced through mass media in an appropriate manner.

Article 46. Compensation for Damages in Civil Cases to Protect Consumer Rights Initiated by Social Organizations for Public Interest

Compensation for damages in civil cases to protect consumer rights initiated by social organizations participating in protecting consumer rights for public interest shall be carried out according to the court's decision.

Chapter V

STATE MANAGEMENT RESPONSIBILITIES FOR PROTECTING

CONSUMER RIGHTS

Article 47. State Management Responsibilities 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 responsible before the Government for implementing state management over the protection of consumer rights.

3. Ministries and agencies equivalent to ministries within the scope of their tasks and authorities shall have the responsibility to coordinate with the Ministry of Industry and Trade in implementing state management over the protection of consumer rights.

4. People's Committees at all levels within the scope of their tasks and authorities shall implement state management over the protection of consumer rights in their localities.

Article 48. Responsibilities of the Ministry of Industry and Trade

1. To promulgate or submit to competent state agencies for promulgation and implementation of strategies, plans, programs, projects, policies, and laws on protecting consumer rights within its authority.

2. To manage the activities of social organizations and mediation organizations in protecting consumer rights; standard contracts and general terms of transactions as stipulated in Article 19 of this Law.

3. To disseminate, popularize, and educate the law on protecting consumer rights; provide advice, support, and enhance awareness of protecting consumer rights.

4. To build databases serving the work of protecting consumer rights; train human resources and improve professional skills serving the work of protecting consumer rights.

5. To inspect, examine, handle complaints and denunciations, and deal with violations of laws on protecting consumer rights within its authority.

6. To implement international cooperation on protecting consumer rights.

Article 49. Responsibilities of People's Committees at all levels

1. Issue or submit to competent state agencies for issuance and implementation of regulatory legal documents on protecting consumer rights in their localities.

2. Manage activities related to protecting consumer rights of social organizations and local mediation organizations.

3. Propagate, disseminate, and educate the law on protecting consumer rights; provide advice, support, and enhance awareness on protecting consumer rights in localities.

4. Inspect, examine, settle complaints and denunciations, and handle violations of laws on protecting consumer rights within their authority.

Chapter VI

IMPLEMENTING PROVISIONS

Article 50. Effective Date

This Law takes effect from July 1, 2011.

The Consumer Protection Ordinance No. 13/1999/PL-UBTVQH10 ceases to be effective from the date this Law takes effect.

Article 51. Detailed Provisions and Guidance on Implementation

The Government shall provide detailed provisions and guidance on the implementation of the Articles and Clauses assigned in this Law; provide necessary guidance on other contents of this Law to meet management requirements.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the twelfth session, eighth meeting, on November 17, 2010./.