Traders' responsibility to consumers for online transactions in Vietnam

 Traders' responsibility to consumers for online transactions in Vietnam (Internet image)

Regarding this matter, LawNet would like to answer as follows:

1. Who are online traders under the law in Vietnam?

According to Clause 1, Article 39 of the Law on Protection of Consumers’ Rights 2023 (effective from July 1, 2024), online traders include:

- Organizations and individuals trading products, goods and services via an information system which they establish themselves or via a digital platform;

- Organizations establishing and operating intermediary digital platforms.

2. Traders' responsibility to consumers for online transactions in Vietnam

The traders' responsibility to consumers for online transactions are specified in Clauses 2, 3, 4, Article 39 of the Law on Protection of Consumers’ Rights 2023 as follows:

- 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.

- Apart from the responsibility defined in clause 2 of this Article, organizations establishing and operating intermediary digital platforms shall:

+ 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;

+ Formulate and publicly announce operating regulations of intermediary digital platforms to consumers, clearly defining the responsibilities of the parties involved in transactions;

+ Provide information about traders conducting their activities on intermediary digital platforms at the request of the consumers who transact with such traders;

+ 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;

+ 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;

+ 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;

+ 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;

+ 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;

+ Make advertising activities publicly available online in accordance with law in the case of advertising activities;

+ Provide reports on content censorship activities carried out at the request of the competent authority;

+ 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;

+ Authenticate the identity of traders of products, goods and services on their intermediary digital platforms;

+ 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;

+ Assume other responsibility according to regulations of this Law and other relevant regulations of law.

- Organizations establishing and operating large digital platforms shall comply with the regulations defined in clause 3 of this Article and assume the following responsibility:

+ Set up an advertising archive using algorithms to target specific consumers and groups of consumers;

+ Periodically evaluate the content moderation and the use of algorithmic and advertising systems targeting specific consumers and groups of consumers;

+ Periodically evaluate the implementation of regulations on handling of fake accounts, use of artificial intelligence and fully or partially automated solutions.

Nguyen Ngoc Que Anh

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