Vietnam: From July 1, 2024, when will the negotiation or mediation between consumers and traders not be allowed?
Vietnam: From July 1, 2024, when will the negotiation or mediation between consumers and traders not be allowed?
In Article 54 of the Law on Protection of Consumers’ Rights 2023, it is stipulated that negotiation or mediation for settling disputes between consumers and traders will not be allowed in the following cases as follows:
Methods of settling disputes between consumers and traders
1. Disputes between consumers and traders shall be settled adopting the following methods:
a) Negotiation;
b) Mediation;
c) Arbitration;
d) Courts.
2. Negotiation or mediation will not be allowed in the following cases:
a) Infringing upon national or public interests;
b) Violating a prohibition by law or being contrary to social ethics;
c) Causing damage to interests of multiple consumers, except where the number of consumers suffering from damage is fully determined.
3. The methods of settling disputes between consumers and traders may be adopted in person, online or another manner under relevant regulations of law.
Thus, from July 1, 2024, the negotiation or mediation will not be allowed in the following cases:
- Infringing upon national or public interests;
- Violating a prohibition by law or being contrary to social ethics;
- Causing damage to interests of multiple consumers, except where the number of consumers suffering from damage is fully determined.
Vietnam: From July 1, 2024, when will the negotiation or mediation between consumers and traders not be allowed?
What are the negotiation procedures between consumers and traders in Vietnam?
In Article 57 of the Law on Protection of Consumers’ Rights 2023, the negotiation procedures between consumers and traders are stipulated as follows:
Step 1. A consumer shall send his/her negotiation request, related information and documents (if any) to the trader at their head office, branch, representative office or business location, through website or another contact method published or applied by the trader.
Step 2. The trader shall receive the negotiation request and enter into negotiation with the consumer within 07 working days from the date of receipt.
Step 3. In the case specified in clause 3 Article 56 of Law on Protection of Consumers’ Rights 2023, the consumer shall send his/her negotiation request and related information and documents to the consumer right protection authority or social organization participating in protection of consumers' rights.
- in person;
- or by post;
- or online.
Step 4. Within 07 working days from the receipt of the consumer's request, the consumer right protection authority or social organization participating in protection of consumers' rights shall transfer it to the trader requested to conduct the negotiation.
Step 5. The trader shall negotiate with the consumer within 07 working days from the receipt of the request and notify the result in writing to the consumer right protection authority or social organization participating in protection of consumers' rights within 05 working days from the end of the negotiation.
Step 6. In case of rejecting the consumer’s request, the trader shall, within 07 working days from the receipt of the request, give a written response clearly stating the reason for rejection.
Vietnam: What are the cases in which requests for assistance in negotiation are not received and processed?
In Article 58 of the Law on Protection of Consumers’ Rights 2023, there are 05 cases in which requests for assistance in negotiation are not received and processed, including:
(1) The consumer is a minor or a person who has lost capacity for civil acts or has a restricted capacity for civil acts or has difficulty in awareness and control of their acts but fails to have a legal representative.
(2) The person requesting assistance in negotiation is not the consumer or the consumer’s legal representative.
(3) The consumer fails to provide adequate information and documents so as to accurately identify the related organization or individual or evidence related to transactions.
(4) Any issue in the request for assistance in negotiation is beyond the power of the consumer right protection authority or the purpose, scope or field of operation of the social organization participating in protection of consumers’ rights.
(5) The request for assistance in negotiation has been settled by a competent authority or social organization participating in protection of consumers’ rights.
Note: The Law on Protection of Consumers’ Rights 2023 takes effect from July 1, 2024.
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