Chapter III
TRADERS' RESPONSIBILITY TO CONSUMERS FOR SPECIFIC TRANSACTIONS
Section 1. REMOTE TRANSACTIONS
Article 37. Traders' responsibility for remote transactions
1. Upon conducting a remote transaction, every trader shall provide consumers with the following accurate and sufficient information:
a) Name, address, phone number and other contact methods (if any) of the trader or their representative (if any) in Vietnam;
b) Number of enterprise registration certificate or enterprise ID number or another equivalent document in the case of a business organization; Taxpayer Identification Number in the case of an individual;
c) Measurements, quantity, weight, quality, uses, prices, origin, expiry dates of the product, good or service;
d) Delivery cost (if any);
dd) Payment methods and deadline; time, place and methods of selling or supplying the product, good or service; conditions and methods for replacement or return of the product, good or service;
e) Effective date of the transaction request;
g) Information about fees, costs, value-added tax, methods of calculation of fees or costs that may arise and general trading conditions applied during the supply of the product, good or service to consumers;
h) Detailed uses, instructions for use and warranty for the product, good or service;
i) Consumer’s right set out in clause 3 Article 38 of this Law;
k) Procedures for exchanging or returning the product, good or service or terminating the signed contract;
l) Procedures for receiving and handling consumers’ feedback, requests and complaints.
2. If a transaction is made by phone or other form of communication or conversation, the trader shall notify right at the outset their name, address and the purpose of the conversation.
3. If a transaction is made online, the trader shall comply with regulations of this Law, law on e-commerce and other relevant regulations of law.
4. The Government shall elaborate this Article.
Article 38. Concluding contracts in case of remote transactions
1. Upon making a remote transaction with consumers, every trader shall create tools and take the following security measures:
a) Providing accurate and adequate information about the contract so as for the consumer to review it prior to the conclusion;
b) The consumer discusses and clarifies contents of the contract, and confirm that he/she agrees to conclude the contract;
c) The consumer reviews and downloads the contract bearing his/her signature.
2. A contract shall contain the information provided in clause 1 Article 37 of this Law; consumer’s name, address and phone number or other contact method (if any);
If there are multiple parties to the contract, the contract must clearly set out the subjects, rights and obligations of each subject.
3. If the trader provides inaccurate or insufficient information specified in clause 1 Article 37 of this Law, the consumer reserves the right to:
a) Agree to select a method for processing the contract with the trader;
b) Within 30 days from the date of contract conclusion, unilaterally terminate the contract and notify the trader. The consumer is not required to pay any cost in any shape or form in order to terminate the contract, except for the cost incurred in connection with the part of product, good or service used.
c) Request a competent authority to declare the contract invalid or rescind it pursuant to regulations of civil law.
4. If the consumer unilaterally terminates the contract as prescribed in point b clause 3 of this Article, the trader shall refund the consumer the amount paid corresponding to the unused part of the product, good or service within 30 days from the date on which the consumer declares his/her unilateral termination of the contract. After this deadline, the trader must pay the late payment interest at the interest rate agreed upon by the two parties or in accordance with civil law. The payment shall be made by the method used by the consumer, unless the consumer agrees another payment method.
If the contract is terminated causing damage to the consumer, the trader shall pay compensation in accordance with civil law.
Article 39. Traders' responsibility to consumers for online transactions
1. Online traders include:
a) Organizations and individuals trading products, goods and services via an information system which they establish themselves or via a digital platform;
b) Organizations establishing and operating intermediary digital platforms.
2. Online traders shall comply with the regulations specified in Articles 37 and 38 of this Law and Section 2 of this Chapter in the case of continuous supply of services.
3. Apart from the responsibility defined in clause 2 of this Article, organizations establishing and operating intermediary digital platforms shall:
a) Designate and publicly announce the contact point and authorized representative to cooperate with competent authorities in addressing issues related to the protection of consumers' rights;
b) Formulate and publicly announce operating regulations of intermediary digital platforms to consumers, clearly defining the responsibilities of the parties involved in transactions;
c) Provide information about traders conducting their activities on intermediary digital platforms at the request of the consumers who transact with such traders;
d) Allow consumers to give their feedback and reviews on traders and their products, goods and services and fully and accurately display feedback and reviews, except for cases where such feedback and reviews contradict regulations of law or social ethics;
dd) Fully and publicly display information about products, goods and services sold and supplied by traders, including mandatory information shown on goods labels in accordance with regulations of law on goods labels, except for product-specific information, including date, month, year of manufacture; expiry date; lot number; chassis number, engine number; standards to be satisfied upon supply of products, goods and services;
e) Designate and publicly announce the contact point to receive and handle consumers' feedback, requests and complaints related to products, goods, services, and information on the intermediary digital platform; receive and handle consumers’ feedback, requests and complaints sent to the organization establishing and operating intermediary digital platforms;
g) Take any measure to prioritize the display of reviews, feedback and recommendations of social organizations participating in protection of consumers’ right or credit rating agencies in accordance with law;
h) Directly store information or provide solutions to store information about products, goods, services and related transactions, allowing consumers to access, trace, download, store and print invoices, documents and papers related to transactions on intermediary digital platforms under their management;
i) Make advertising activities publicly available online in accordance with law in the case of advertising activities;
k) Provide reports on content censorship activities carried out at the request of the competent authority;
l) Maintain online reporting accounts and provide updated information and data until requested to deliver the report to facilitate inspection and supervision by competent authorities in accordance with regulations of law;
m) Authenticate the identity of traders of products, goods and services on their intermediary digital platforms;
n) Be responsible to consumers according to regulations of law on e-commerce in case domestic and foreign traders sell or provide their products, goods or services to consumers within Vietnam’s territory;
o) Assume other responsibility according to regulations of this Law and other relevant regulations of law.
4. Organizations establishing and operating large digital platforms shall comply with the regulations defined in clause 3 of this Article and assume the following responsibility:
a) Set up an advertising archive using algorithms to target specific consumers and groups of consumers;
b) Periodically evaluate the content moderation and the use of algorithmic and advertising systems targeting specific consumers and groups of consumers;
c) Periodically evaluate the implementation of regulations on handling of fake accounts, use of artificial intelligence and fully or partially automated solutions.
5. The Government shall elaborate clause 4 of this Article.
Article 40. Responsibility for disclosing and removing warnings issued to consumers involved in online transactions
1. Warnings to be disclosed shall cover:
a) List of online traders that have incurred penalties for violating consumers’ legitimate rights and interests under regulations of this Law and other relevant regulations of law;
b) List of online traders that have incurred penalties imposed by foreign authorities for their violations against regulations of law on protection of consumers’ rights which affect Vietnam's consumers;
2. Responsibility for disclosing warnings:
a) Ministries, ministerial agencies and provincial People’s Committees shall provide and disclose warnings issued to consumers involved in online transactions as specified in clause 1 of this Article within their power as prescribed by law;
b) Online traders that have incurred penalties for their violations under regulations of this Law and other relevant regulations of law shall provide information to competent authorities through the information and reporting system as prescribed by law;
c) Press agencies, socio-political organizations and social organizations participating in protection of consumers' rights shall disclose warnings issued to consumers involved in online transactions in an appropriate manner, enabling consumers to receive information. The disclosure of warnings shall comply with regulations of this Law and other relevant regulations of law.
3. The Government shall elaborate this Article.
Section 2. CONTINUOUS SUPPLY OF SERVICES
Article 41. Traders' responsibility to consumers for continuous supply of services
1. Traders providing continuous supply of services within Vietnam’s territory shall publicly announce their legal representative in Vietnam. If the trader providing continuous supply of services within Vietnam’s territory does not have a legal representative in Vietnam, they shall designate an authorized representative in Vietnam and publicly announce their authorized representative in Vietnam. The trader’s representative shall comply with regulations of law on protection of consumers' rights.
2. It is not permitted to request consumers to make any payment before the service is supplied, unless otherwise agreed upon by parties.
3. It is not permitted to unilaterally terminate a contract or suspend a service against the contract or the law. In case the service has to be suspended due to repair or maintenance or for another reason, the trader supplying the service must notify the consumer in advance of the time of service suspension and time of service resumption at least 03 working days prior to the date of suspension, except for force majeure event.
4. Traders shall regularly inspect quality of services they supply and ensure quality of services as committed to consumers.
5. The regulations set out in Articles 37 and 38 of this Law shall be complied with in case of continuous supply of services through online transactions.
Article 42. Contracts for continuous supply of services
1. A contract for continuous supply of service shall be made in writing and 01 copy shall be given to the consumer.
2. A standard form contract for continuous supply of service must be composed of the contents specified in clause 3 Article 23 of this Law and the following contents:
a) Name, address, phone number and other contact methods (if any) of the trader or their representative (if any) in Vietnam;
b) Description of the service provided;
c) Time and period of supplying the service;
d) Accurate and sufficient information about fees, costs, methods of calculation of fees or costs that may arise and general trading conditions applied during the supply of or service to the consumer;
dd) Notify the consumer of the renewal payment using the agreed method at least 07 working days before the expiry date of the service;
e) Notify the consumer of the time of contract termination using the agreed method at least 07 working days before the expiry date of the contract;
3. Unless otherwise agreed upon by the parties, the consumer is entitled to unilaterally terminate the contract for continuous supply of service at any time and notify such the service provider. If the consumer unilaterally terminates the contract, he/she shall only pay for the part of service he/she has used.
Section 3. DIRECT SELLING
Article 43. Traders' responsibility for door-to-door sales
1. A trader shall perform door-to-door sales:
a) By themself;
b) By their employees;
c) By their hired or authorized representatives.
2. Any individual specified in clause 1 of this Article shall, upon performing door-to-door sales, assume the following responsibility:
a) Introduce his/her name, phone number, address, head office of the trader responsible for the selling or supply or the product, good or service; present the document proving his/her relationship with the trader;
b) Do not insist on the selling or supply of the product, good or service after being refused by the consumer;
c) Sufficiently, accurately and clearly explain to the consumer about contents of the contract and other information related to the product, good or service which the consumer is interested in.
3. Every trader shall take responsibility for the door-to-door sales by the individuals specified in clause 1 of this Article.
Article 44. Door-to-door sales contracts
1. A door-to-door sales contract shall be made in writing and 01 copy shall be provided to the consumer, unless otherwise agreed upon by the parties.
2. If the door-to-door sales contract is made in writing, there must be a cooling-off period of at least 03 working days from the date of contract conclusion during which the consumer considers executing the contract. During this period, the consumer is entitled to unilaterally terminate the signed contract and notify the trader.
3. If the door-to-door sales contract is made in writing, upon signing it, the consumer shall write the date, month and year of signature himself/herself.
Article 45. Responsibility of organizations and individuals that perform MLM
1. An MLM organization:
a) Publicly announce its operation-related documents at its head office, branch, representative office, business location, website or apps (if any);
b) Adhere to its business rule and compensation plan;
c) Issue invoices for each supply of goods;
d) Take goods back and give refund at the request of any MLM participant or consumer if: (i) the request is made within 30 days from the date of receipt of goods, (ii) packaging, stamps and labels of the goods remain intact and (iii) the goods remain unexpired;
dd) Take responsibility for the MLM activities by MLM participants in case these activities are carried out at its head office, branch, representative office or business location or at the conferences, seminars or training events which it organizes.
2. An MLM participant shall:
a) Present his/her membership card before introducing or selling goods;
b) Comply with terms and conditions of the MLM contract and the MLM company’s business rule;
c) Not abuse his/her position, power or social position to encourage, request, lure or entice other persons to participate in MLM network or buy goods through the MLM model.
3. The Government shall elaborate this Article.
Article 46. MLM contracts
1. An MLM organization and an MLM participant must enter into a written MLM contract.
2. An MLM contract must satisfy the conditions concerning language and form under regulations of this Law and law on MLM management.
Article 47. Traders' responsibility for selling goods at locations other than regular transaction locations
1. Unless the law provides otherwise, when selling a product, good or service at a location other than regular transaction location with a total value of more than 10 million dong, the trader shall:
a) Notify the People's Committee of the commune where the product, good or service is sold or supplied before notifying the following: name, address and phone number of the trader, expected location of sale, contents of the sales program, method of sale, prices and the product, good or service;
b) Publicly disclose information about the trader and the product, good or service at the location of sale;
c) Maintain contact and handle consumers’ feedback, requests and complaints during and after selling or supplying the product, good or service;
d) Provide adequate, truthful and accurate information about the product, good or service and activities by the trader;
dd) Take the product, good or service back within 30 days from the date of sale or supply provided that its packaging, label or stamp (if any) remains intact and it remains unexpired;
e) Deliver invoices and documents evidencing the sale and delivery of the product, good or service;
g) If the contract for supply of the product, good or service specified in this Article is made in writing, the trader shall transfer it to the consumer. Within 03 working days from the receipt of the contract, the consumer is entitled to decide to perform or unilaterally terminate the contract and notify the trader. After this deadline, the trader is not permitted to request the consumer to make any deposit or payment or perform the contract, unless otherwise prescribed by law.
2. People’s Committees of communes shall receive notifications, supervise and inspect the selling by traders by relying on the regulations set out in clause 1 of this Article.
3. The Government shall elaborate this Article.
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