Chương VI Nghị định 55/2024/NĐ-CP: Trách nhiệm của tổ chức, cá nhân kinh doanh đối với người tiêu dùng trong giao dịch đặc thù

Chapter VI

RESPONSIBILITIES OF TRADERS FOR CONSUMERS IN SPECIAL TRANSACTIONS

Article 22. Responsibilities of traders in remote transactions  

1. In case of providing information on the procedure for replacing and/or returning products, goods, and services, the following information shall be mandatory:

a) Specific time limit for consumers to carry out the replacement and/or return;

b) Specific steps and time limit for implementing each step in the procedure;

c) Contact information of the department in charge if consumers have feedback or complaints on the implementation of this procedure.

2. In case of providing information on the procedure for receiving and settling feedback, requests, and complaints from consumers, the following information shall be mandatory:  

a) Methods of receiving feedback, requests, and complaints from consumers;

b) Specific steps and time limit for implementing each step in the procedure;

c) Cases prioritized for receipt and settlement;

d) Guidelines on necessary information and documents for the receipt and settlement (if any).

Article 23. Responsibilities of organizations establishing and operating big digital platforms

1. Disclose criteria for determining the priority of the display of products, goods, and services if digital platforms have a search function. If the displayed content is paid or sponsored content, results of the search for products, goods, and services shall be re-disclosed.  

The development and disclosure of the applied criteria for determining the priority of the display of products, goods, and services if digital platforms have a search function shall comply with relevant laws.

2. Maintain online reporting accounts and provide the following information and/or data, which is updated until requests for reports for inspections from competent state management authorities as prescribed by the law:

a) Establishment of advertisement archives using algorithms to target specific consumers, including the addresses of established archives; archive scale; advertising content;

b) Content censorship and use of algorithm systems and advertisements targeting specific consumers;

c) Use of algorithm systems and advertisements targeting vulnerable consumers according to Clause 1 Article 8 of the Law on Protection of Consumers’ Rights.  

d) Implementation of regulations on the handling of accounts whose owners' identities are unverified and the use of artificial intelligence and wholly and partly automated measures in the reporting period;

dd) Disclosure of amendments and additions to the regulations of intermediary digital platforms in the reporting period; assignment of responsibilities of parties participating in the management and operation of transactions on intermediary digital platforms;

e) Provision of information on traders operating on intermediary digital platforms when consumers engage in transactions with such traders upon requests;

g) Removal of feedback and reviews on traders if such feedback and reviews violate the law or are contrary to social morals;  

h) Receipt and settlement of feedback, requests, and complaints from consumers concerning products, goods, services, and information on intermediary digital platforms;  

i) Priority of display of reviews, feedback, and complaints of social organizations participating in the protection of consumers’ rights or credit assessment organizations as prescribed by the law;

k) Transparency in advertising in cyberspace according to the law in cases of engagement in advertising;

l) Censorship of contents and information after complying with requests of competent state authorities;

m) Identification of organizations and individuals selling products and goods and providing services on intermediary digital platforms;

n) Permission and management of foreign traders selling and providing products, goods, and services to consumers in Vietnamese territory;

o) Measures adopted to handle violations of parties involved in transactions on the platforms according to operational regulations; rectify deficiencies as complained by consumers; carry out the conclusion and handling of violations of competent state authorities.

3. Organizations establishing and operating big digital platforms shall provide the information and data prescribed in Clause 2 of this Article via online methods to the web portals of consumer right protection authorities of the Ministry of Industry and Trade of Vietnam within 5 working days after receiving requests for reports, take responsibility for the accuracy and integrity of the provided information and data, and comply with the law on the protection of consumers’ rights regarding such information and data.

Article 24. Disclosure and removal of warnings for consumers about transactions in cyberspace

1. The list of traders in cyberspace that commit violations against the law on the protection of consumers’ rights shall be disclosed on mass media and posted at the headquarters and web portals of ministries, ministerial agencies, and Provincial People’s Committees. 

2. Disclosed contents include:

Names and addresses of traders in cyberspace that commit violations against the law on the protection of consumers’ rights;

Acts and locations of violations;

Promulgating authorities and the number and date of decisions on the handling of violations against the law on the protection of consumers’ rights.

3. The duration of the disclosure of violating traders is 30 days from the disclosure date. After the mentioned duration, authorities that disclose the information shall suspend or remove the information on traders in cyberspace that commit violations against the law on the protection of consumers’ rights. 

Article 25. Responsibilities of multi-level marketing sellers

1. Multi-level marketing (MLM) organizations shall:

a) Comply with regulations on the conclusion of written MLM contracts and assignment of contracts to MLM salespersons according to the regulations on operational principles;       

b) Comply with the regulations on the provision of basic training for MLM salespersons according to the regulations on operational principles within 30 days after concluding MLM contracts;

c) Comply with the responsibilities for maintaining the revenue ratio from selling goods to consumers who are not MLM salespersons according to the regulations of operational principles, compensation plans, and the law.

The revenue prescribed in this Point is the revenue generated from when salespersons make sales to consumers or when MLM enterprises make sales to consumers through introduction codes of participants;

d) Carry out other responsibilities according to the law on the management of MLM business activities and relevant laws.

2. MLM individuals shall:  

a) Store MLM contracts according to the regulations on operational principles;

b) Participate in basic training programs according to the regulations on operational principles within 30 days after concluding MLM contracts;  

c) Carry out other responsibilities according to the law on the management of MLM business activities and relevant laws.

Article 26. Notifications of sale activities at irregular transaction locations  

1. Traders shall notify People’s Committees of communes where the sale of products and goods and provision of services take place by one of the following methods:

a) By post;

b) In person at the headquarters of People’s Committees of communes;

c) Via emails enclosed with digital signatures or the scanned notifications signed and stamped by traders to the disclosed emails of People’s Committees of communes;

d) Via online public service systems provided by People’s Committees of communes.

2. A notification document shall include 1 notification following Form No. 10 in the Appendix enclosed herewith.

3. Notification documents shall be sent to the People’s Committees of communes within 3 working days before the implementation of trading activities (based on the date People’s Committees of communes written on postal bills or other equivalent forms in case of submission by post, the date written on document receipts in case of in-person submission, or the time recorded on the email system or the date recorded on the system in case of submission through online public service systems).

4. In case of revision of the contents of activities previously notified to the People’s Committees of communes, traders shall notify the People’s Committees of communes of the revised contents.  Revision notifications shall follow Form No. 11 in the Appendix enclosed herewith and comply with this Article.

Article 27. Responsibilities of People’s Committees of communes regarding sale activities at irregular transaction locations

1. Create favorable conditions for traders to sell products and goods and provide services according to the notified contents.

2. Archive notification documents for at least 2 years from the implementation of sale activities.

3. Adequately disclose notification contents of traders using appropriate forms for local consumers’ acknowledgment.  The disclosure shall be carried out before and during the implementation of sale activities and the provision of services by traders in their areas.

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