Shall traders in Vietnam be allowed to refuse to settle vulnerable consumers’ requests for protection for reasons of differences in language?
- Shall traders in Vietnam be allowed to transfer request for protecting rights of vulnerable consumers to a third party?
- Shall traders in Vietnam be allowed to refuse to settle vulnerable consumers’ requests for protection for reasons of differences in language?
- What are the principles of protecting consumers’ rights in Vietnam?
Shall traders in Vietnam be allowed to transfer request for protecting rights of vulnerable consumers to a third party?
Pursuant to the provisions of Clause 2, Article 8 of the Law on Protection of Consumers’ Rights 2023, it is stipulated as follows:
Protecting rights of vulnerable consumers
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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.
According to the above regulations, if any vulnerable consumer makes a request for protection enclosed with evidence or document proving that he/she is a vulnerable consumer
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
Shall traders in Vietnam be allowed to refuse to settle vulnerable consumers’ requests for protection for reasons of differences in language?
Shall traders in Vietnam be allowed to refuse to settle vulnerable consumers’ requests for protection for reasons of differences in language?
Pursuant to the provisions of Clause 3, Article 8 of the Law on Protection of Consumers’ Rights 2023, it is stipulated as follows:
Protecting rights of vulnerable consumers
...
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.
According to the above regulations, traders may not allowed to refuse to settle vulnerable consumers’ requests for protection for reasons of differences in language, writing, customs or practices;
What are the principles of protecting consumers’ rights in Vietnam?
Pursuant to the provisions of Article 6 of the Law on Protection of Consumers’ Rights 2023, it is stipulated as follows:
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.
Accordingly, the protection of consumer rights is carried out according to the above principles.
The Law on Protection of Consumers’ Rights 2023 will take effect from July 1, 2024.
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