Chương I Luật Bảo vệ quyền lợi người tiêu dùng 2023: Những quy định chung

Chapter I

GENERAL

Article 1. Scope

This Law provides for principles and policies for protecting consumers' rights; rights and obligations of consumers; traders' responsibility to consumers; consumer right protection activities by agencies and organizations; settlement of disputes between consumers and traders; state management of protection of consumers’ rights.

Article 2. Regulated entities

1. Consumers.

2. Traders.

3. Vietnamese Fatherland Front; socio-political organizations.

4. Socio-political-professional organizations, social organizations, socio-professional organizations (hereinafter referred as “social organizations”) participating in protecting consumers’ rights.

5. Domestic and foreign agencies, organizations and individuals related to protection of consumers’ rights.

Article 3. Definitions

For the purposes of this Law, the terms below shall be construed as follows:

1. “consumer” means a person who purchases or uses products, goods and services to meet consumption or domestic needs of individuals, families or organizations and for non-commercial purposes.

2. “trader” means an organization or individual that performs one, more or all of stages of a process encompassing investment, production, sale of products and goods or supply of services on the market for profit-making purposes. Traders consist of:

a) Business entities prescribed by the Commercial Law;

b) Individuals who conduct commercial activities independently and regularly but who are not required to have business registration.

3. “consumer information” includes consumers' personal information, information about their process of purchasing and using products, goods and services and other information related to transactions between consumers and traders.

4. “defective product or good” means a product or good which fails to ensure safety of consumers and which is likely cause damage to their lives, health or property but for which the defect was yet to be found at the time such product or good was supplied to consumers despite the fact that such product or good was manufactured in accordance with the standard or technical regulation in force. Defective products or goods include:

a) Mass-produced products or goods containing a defect originated from a technical design;

b) Singly produced products or goods containing a defect originated from the process of their manufacturing, processing, transport, storage and use;

c) Products and goods which have the potential to threaten safety during their use but fail to have no adequate instructions or warnings for consumers.

5. “remote transaction” means a transaction which is made online, by electronic means or other means that consumers are not permitted to check or have direct contact with products, goods or services before participating in the transaction.

6. “continuous supply of services” means a supply of services which is provided for a term of 03 months or more or for an indefinite term.

7. “direct selling” means a trader proactively approaching consumers to introduce their products, goods or services so as to sell or supply them to consumers. It takes the following forms:

a) Door-to-door sales, which involves selling products or goods or supplying services at consumers’ residences or workplaces;

b) Multi-level marketing (hereinafter referred to as “MLM”), which involves selling goods through a network of participants at different levels wherein commissions, bonuses and other economic benefits are or may be paid to participants based on their personal sales and the sales made by other distributors below the participants;

c) Selling of goods at locations other than regular transaction locations, which involves introducing and selling products or goods or supplying services at locations other than fixed regular locations where products or goods are retailed or services are supplied.

8. “specific transactions” include remote transactions, transactions involving continuous supply of services and direct selling between traders and consumers.

9. “influencer” means an expert or a person who has reputation or publicity in a specific field, industry or profession according to the Government's regulations.

10. “sustainable consumption” means the efficient use of products, goods and services in a way that minimizes negative environmental and socio-economic impacts while meeting consumption or domestic needs of individuals, families and organizations.

Article 4. Rights of consumers

1. Have their life, health, honor, dignity, reputation, property, information, rights and other legitimate interests protected when participating in transactions or using products, goods and services provided by traders.

2. Be provided with invoices and documents related to transactions; timely, accurate and adequate information about products, goods, services, transaction details, origin of products, goods and services and about traders.

3. Select products, goods, services and traders according to their practical demands and conditions; decide whether to participate in transactions; agree with traders about transaction details; be provided with products, goods and services as agreed.

4. Comment to traders on the prices and quality of products, goods and services, service styles, trading methods and details of transactions between consumers and traders.

5. Request traders to compensate for damage if products or goods contain defects or products, goods or services fail to conform to standards or technical regulations, fail to satisfy regulations on safety, measurements, quantity, weight, quality, uses or prices or other regulations as prescribed by law or are inconsistent with those registered, notified, announced, posted, advertised, introduced, agreed or declared by traders.

6. Participate in formulating policies and laws on protection of consumers’ rights.

7. File complaints, denunciations or lawsuits or request social organizations to file lawsuits to protect their rights in accordance with regulations of this Law and other relevant regulations of law.

8. Be provided with counseling, assistance and guidance on knowledge and skills in consumption of products, goods and services.

9. Be enabled to select a healthy and sustainable consumption environment.

10. Be protected upon using public services in accordance with regulations of this Law and other relevant regulations of law.

11. Exercise other rights as prescribed by law.

Article 5. Obligations of consumers

1. Inspect products and goods prior to their receipt as prescribed by law; select to consume products and goods of clear origin.

2. Consume products, goods and services without violating laws, without contradicting fine traditions and customs, social ethics, without infringing upon national and public interests, and without causing harm to life, health and property of their own and others.

3. Adhere to conditions and guidelines for transporting, preserving and using products, goods and services; regulations on inspection, environmental protection and sustainable consumption as prescribed by law.

4. Promptly and accurately inform regulatory bodies, organizations and individuals concerned as any product, good or service circulated on the market is found failing to ensure safety, damaging or threatening to damage life, health, honor, dignity, reputation or property of consumers; notify traders’ acts which infringe upon the legitimate rights and interests of consumers.

5. Bear responsibility for providing inaccurate or inadequate information relating to transactions between consumers and traders as prescribed by law.

6. Assume other obligations as prescribed by law.

Article 6. Principles of protecting consumers’ rights

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

2. Legitimate rights and interests of consumers are recognized, respected, guaranteed and protected as prescribed by law.

3. Consumers’ rights must be proactively protected in a timely, fair, transparent and lawful manner.

4. Consumer right protection activities do not infringe upon interests of the State, legitimate rights and interests of traders and other organizations and individuals.

5. Transactions between consumers and traders must be made in such a way that ensures fairness, equality, gender non-discrimination and voluntariness, does not contradict laws, contradict fine traditions and customs as well as social ethics.

Article 7. State policies on protection of consumers’ rights

1. Enable consumers, other agencies, organizations and individuals to fully exercise their rights and obligations and encourage initiative in conducting consumer right protection activities; encourage consumers, other agencies, organizations and individuals to participate in protecting consumers’ rights and respect them for their participation.

2. Encourage and assist traders in science and technology research, application and development and innovation in support of their protection of consumers’ rights.

3. Enable agencies and organization in charge of protecting consumers’ rights and related agencies and organizations to mobilize resources for investment in infrastructure and development of human resources; encourage and promote private sector involvement in provision of counseling, assistance, dissemination of policies, laws, knowledge and guidance on skills in protecting consumers’ rights.

4. Protect consumers’ rights in association with promoting responsible business practices, diversifying modern distribution channels and building an independent and self-reliant economy.

5. Speed up international integration, expand international cooperation and share information and experience in protection of consumers’ rights.

6. Improve business ethics, create a safe, civilized, healthy and sustainable consumption culture; strictly and promptly handle acts of infringing upon consumers’ interests.

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

a) Encourage and promote investment, production, circulation, distribution, export and import of products, goods, services and eco-friendly technologies to aim for green and circular economy, thereby furthering consumers’ interests;

b) Assist organizations and individuals in applying and developing advanced science and technology, codes, barcodes and tracing so as to produce and supply products, goods and services in such a way to assure safety and quality, and improve competitiveness of products, goods and services;

c) Proactively and responsibly participate in boosting sustainable production and consumption in the region and the world.

Article 8. Protecting rights of vulnerable consumers

1. Vulnerable consumer is a consumer who at the time of purchase or use of products, goods or services is likely to be subject to a variety of adverse impacts in terms of access to information, health, property, and dispute settlement. Vulnerable consumers include:

a) The elderly prescribed by regulations of law on the elderly;

b) Persons with disabilities prescribed by regulations of law on persons with disabilities;

c) Children prescribed by regulations of law on children;

d) Ethnics; persons living in ethnic minority areas, mountainous areas, islands, disadvantaged and extremely disadvantaged areas prescribed by law;

dd) Pregnant women or women raising a child under 36 months of age;

e) Persons having fatal diseases prescribed by law;

g) Members of poor households prescribed by law.

2. Vulnerable consumers' right shall be protected as follows:

a) Vulnerable consumers shall have their consumers’ rights protected in accordance with regulations of this Law and rights and priority policies protected under other relevant regulations of law;

b) Traders shall have the initiative and responsibility to implement the regulations enshrined in clause 3 of this Article;

c) If any vulnerable consumer makes a request for protection enclosed with evidence or document proving that he/she is a vulnerable consumer and his/her rights are infringed upon, the trader shall give priority to the receipt and processing thereof and shall not transfer such request to a third party, unless that third party has related obligations. In case of refuse to process the vulnerable consumer's request, the trader shall give a written response, specifying the legal grounds and non-conformity with the published policy as prescribed in clause 3 of this Article;

d) Traders shall compensate vulnerable consumers for any damage in accordance with civil legislation in case of delaying receiving or processing, refusing to give priority to receiving or processing or refusing to receive or process consumers’ requests as prescribed in point c of this clause;

dd) Consumer right protection authorities, socio-political organizations and social organizations shall give priority to receiving and processing requests of vulnerable consumers and instruct them to provide evidence and documents proving their rights are infringed upon;

e) Consumer right protection authorities, socio-political organizations and social organizations shall, within their jurisdiction, provide instructions, carry out inspection and supervision, and handle violations committed by traders during the fulfillment of their responsibility specified in clause 3 of this Article as prescribed by law.

3. Upon making transactions with vulnerable consumers, every trader bear the following responsibility:

a) Protect rights of vulnerable consumers during their process of purchasing and selling products and goods, and supplying services as prescribed by law;

b) Appropriately apply the mechanism for complaint/dispute settlement to each vulnerable consumer as prescribed by law;

c) Not allowed to refuse to settle vulnerable consumers’ requests for protection specified in point c clause 2 of this Article for reasons of differences in language, writing, customs or practices;

d) Avoid stigmatization, discrimination and misuse of vulnerabilities for infringement on the legitimate rights and interests of vulnerable consumers during the process of conducting transactions;

dd) Formulate and promulgate procedures, methods or measures appropriate to each vulnerable consumer to guarantee rights to file complaints and make requests for dispute settlement and other rights of vulnerable consumers;

e) Formulate and update the regulations specified in this clause and make them publicly available to vulnerable consumers by posting them at the head office and business locations or on any websites and apps (if any) and provide their employees with training in such regulations.

The responsibility prescribed in this point does not necessarily lie with individuals who conduct commercial activities independently and regularly but who are not required to have business registration; small enterprises, micro enterprises prescribed by law, unless such enterprises conduct the transactions specified in Chapter of this Law;

g) Other responsibility according to regulations of this Law and other relevant regulations of law.

Article 9. Protecting consumers’ rights with regard to transactions with individuals who conduct commercial activities independently and regularly but who are not required to have business registration

1. Individuals who conduct commercial activities independently and regularly but who are not required to have business registration as prescribed in this Law shall only bear the following responsibility:

a) Satisfy regulations on safety, measurements, quantity, weight, quality and uses of their products, goods or services sold or supplied to consumers;

b) Do not sell or supply to consumers the products, goods and services which contradict laws, fine traditions and customs as well as social ethics;

c) Provide accurate and sufficient information about their products, goods or services sold or supplied to consumers;

d) Replace goods for consumers or make refund and receive goods back from consumers in case the their products or goods sold or supplied fail to satisfy regulations on safety, measurements, quantity, volume, quality and uses as declared;

dd) Abide by decisions on product/goods recall if their products or goods sold or supplied are subject to recall; bear the costs of destruction of the products or goods in case they have to be destroyed under a competent authority's decision;

e) Other responsibility prescribed by the Government.

2. According to regulations of this Law and other relevant regulations of law, the Government shall elaborate on the protection of consumers’ rights with regard to transactions with individuals who conduct commercial activities independently and regularly but who are not required to have business registration.

3. According to regulations of this Law, Government’s regulations and specific conditions of local authorities, People’s Committees of communes and management boards of markets and commercial zones shall implement specific measures to ensure satisfaction of regulations on safety, measurements, quantity, weight and quality of products, goods and services and protect other legitimate rights and interests of consumers upon purchasing and using products, goods and services of individuals who conduct commercial activities independently and regularly but who are not required to have business registration.

Article 10. Prohibited acts in protection of consumers’ rights

1. Traders are prohibited from performing any of the following acts:

a) Deceiving or misleading consumers by providing false, incomplete or inaccurate information about one of the following details: products, goods or services which traders sell or supply; traders’ prestige, business capacity, capacity for supply of products, goods and services; details and characteristics of transactions between consumers and traders; photos, papers and documents of competent authorities certifying products, goods, services or traders;

b) Harassing consumers through acts of direct or indirect contact against the will of consumers to introduce products, goods, services and traders, proposing the conclusion of contracts or committing other acts that hinder the normal working or living conditions of consumers;

c) Forcing consumers to buy products, goods and services against their will by the use of force, threat of force or other acts of similar nature;

d) Forcing consumers to pay for products, goods and services supplied without reaching an agreement with consumers in advance;

dd) Failure to compensate or refund consumers or replace products, goods or services when there is fault on traders’ part;

e) Failure to provide compensation or refund or replace products, goods or services for consumers as the products, goods or services are inconsistent with those registered, notified, announced, posted, advertised, introduced, agreed or declared by traders;

g) Swapping products, goods or services or cheating at delivery of goods or supply of services to consumers;

h) Failure to notify in advance or make publicly available to consumers the sponsorship by influencers in any shape or form to use image, advice or recommendation of these persons with a view to promoting trade or encouraging consumers to purchase or use products, goods or services;

i) Preventing consumers from inspecting products, goods and services, unless otherwise prescribed by law;

k) Requesting consumers to buy a product, good or service as a prerequisite for conclusion of a contract against the consumer’s will;

l) Specifying the prohibited clauses mentioned in Article 25 of this Law in contracts signed with consumers, standard form contracts and general trading conditions;

m) Collecting, storing, using, modifying, updating or destroying consumer information against the law.

2. Organization and individuals that perform MLM are prohibited from performing any of the following acts:

a) Requesting a prospective participant to deposit or pay a certain amount of money or purchase a certain quantity of goods in any way to be eligible to enter into an MLM contract;

b) Providing false or misleading information to consumers and individuals participating in MLM.

c) Operating the MLM network without obtaining the MLM registration certificate; introducing the MLM network before obtaining the MLM registration certificate;

d) Operating the MLM network with respect to services or other forms other than purchase or sale of goods, unless otherwise provided for by law;

dd) Developing the MLM network without actual goods sale and purchase transactions;

e) Engaging in any of the acts specified in clause 1 of this Article.

3. Traders establishing, operating and supplying digital platform services are prohibited from performing any of the following acts:

a) Forcing or preventing consumers from registering or using other intermediary digital platforms as a prerequisite for using services;

b) Limiting consumer choice by arranging products, goods or services among traders on digital platforms in certain order of priority without disclosing the arrangement criteria;

c) Implementing any measure to prevent the display or to untruthfully display consumers' feedback or reviews on products, goods, services or traders on digital platforms, unless such feedback or reviews contradict regulations of law or social ethics;

d) Adopting any measure to prevent the registration, operation or review by or the display of feedback of social organizations participating in protection of consumers’ rights;

dd) Preventing consumers from removing built-in software or apps which do not affect basic technical features in support of normal operation of digital platforms or forcing consumers to install accompanying software or apps on digital platforms;

e) Engaging in any of the acts specified in clause 1 of this Article.

4. Organizations and individuals are prohibited from taking advantage of the protection of consumers’ rights so as to infringe upon interests of the State, legitimate rights and interests of other organizations and individuals.

5. The Government shall elaborate clause 2 of this Article.

Article 11. Requesting regulatory bodies to impose penalties for violations of law in relation to consumers’ rights

1. If any violation of the law on protection of consumers' rights and other regulations of law on protection of consumers' rights is found, consumers, organizations and individuals concerned reserve the right to request a competent authority in person or in writing to impose penalties as prescribed by law.

2. Every competent authority shall receive and process requests of consumers, organizations and individuals concerned according to its functions, tasks, powers and fields assigned.

3. If the consumer right protection authority receives a request specified in clause 1 of this Article which involves a field under the management of another state authority, it shall transfer the request to the latter and notify the consumer, organization or individual concerned.

4. Consumers, related organizations and individuals shall provide information and evidence for violations of law committed by traders.

Article 12. International cooperation in protection of consumers’ rights

1. International cooperation in protection of consumers’ rights shall adhere to the principle of respect for the national independence, sovereignty and territorial integrity, non-interference in each other’s internal affairs, mutual respect and benefit and conformity with the Constitution and laws of Vietnam and treaties to which the Socialist Republic of Vietnam is a signatory.

2. If the Socialist Republic of Vietnam is not a signatory to a related treaty yet, the international cooperation in protection of consumers’ rights shall adhere to the principle of reciprocity without being contrary to the Constitution and laws of Vietnam, international laws and practices.

3. The international cooperation in protection of consumers’ rights shall involve consultation, exchange of information and documents, receipt and settlement of disputes, imposition of penalties for violations of consumer rights or other appropriate international cooperation activities in accordance with regulations of Vietnamese law and treaties to which the Socialist Republic of Vietnam is a signatory.

Article 13. Vietnam Consumer Rights Day

1. March 15 is the Vietnam Consumer Rights Day.

2. The Government shall prescribe the organization of activities in response to the Vietnam Consumer Rights Day.