Can provided goods that do not match technical standards be entitled to complaint in Vietnam? What are forms of consumer right protection requests in Vietnam?

Can provided goods that do not match technical standards be entitled to complaint in Vietnam?

Pursuant to Article 8 of the Law on Protection of Consumer Rights 2010 stipulates consumer Rights as follows:

1. Being protected safely as to their life, health, property, and other legitimate rights and interests when being involved in transactions, use of goods and/or services provided by organizations or individuals trading goods and/or services.

2. Being provided accurate and complete information about organizations or individuals trading goods or services; contents of transaction of goods and/or services; the source and origin of goods; being provided with invoices and vouchers and documents relating to the transactions and other necessary information about goods and/or services that consumers purchase and/or use.

3. Being entitled to select goods or services, organizations or individuals trading goods and/or services according to their actual needs and conditions; decide to participate or not participate in the transaction and agreed contents when joining transaction with organizations or individuals trading goods and/or services.

4. Being entitled to offer suggestions to organizations or individuals trading goods and/or services on price, quality of product or service, service style, trading methods and other content concerning transactions between consumers and organizations or individuals trading goods and/or services.

5. Being entitled to participate in formulating and implementing policies and legislation on protection of the interests of consumers.

6. Being entitled to rrequire compensation if the provided goods or services do not match technical standards or norms, quality, quantity, features, usage, pricing or other contents that organizations or individuals trading goods and/or services already announced, posted, advertised or pledged.

7. Being entitled to complaint, denounce and take a lawsuit or propose social organization to take a lawsuit in order to protect their rights under the provisions of this Law and other provisions of law involved.

8. Getting Advice, support and guidance on the knowledge for consumption of goods and/or services.

However, in addition, Article 30 of the Law on Protection of Consumer Rights 2010 also stipulates modes of settling disputes between consumers and organizations or individuals trading goods and/or services as follows:

1. Disputes arising between consumers and organizations or individuals trading goods and/or services are addressed through:

a) Negotiation;

b) Reconciliation;

c) Arbitration;

d) Court.

2. No negotiation or mediation is permitted in case of disputes causing damage to the interests of the State, the interests of many consumers, the public interest.

Thus, according to current regulations in Vietnam, the consumer here is you can exercise your right to complain. However, you should negotiate and reconciliation with organizations and individuals first if the issue is not really too serious to help the parties avoid many unnecessary troubles and administrative procedures.

What are forms of consumer right protection requests in Vietnam? 

Pursuant to Article 20 of Decree 99/2011/ND-CP stipulating forms and contents of consumer right protection requests as follows:

1. A consumer or a social organization engaged in consumer right protection may request a state management agency of consumer right protection provided in Article 25 of the Law on Protection of Consumer Rights. Such request may be made in writing or verbally.

2. A consumer right protection request must contain:

a/ Information on the violating trader;

b/ Information on the requesting social organization or consumer;

c/ Details of the case;

d/ Specific requests of the consumer or social organization engaged in consumer right protection;

e/ Enclosed documents and evidences.

Thus, the exercise of your right to complain can be done in two forms, either in writing or verbally in Vietnam.

Best Regards!