Who are vulnerable consumers under the law in Vietnam?

Who are vulnerable consumers under the law in Vietnam? (Internet image)

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

1. Who are vulnerable consumers?

According to Clause 1, Article 8 of the Law on Protection of Consumers’ Rights 2023, vulnerable consumer is a consumer who at the time of purchase or use of products, goods or services is likely to be subject to a variety of adverse impacts in terms of access to information, health, property, and dispute settlement. Vulnerable consumers include:

- The elderly prescribed by regulations of law on the elderly;

- Persons with disabilities prescribed by regulations of law on persons with disabilities;

- Children prescribed by regulations of law on children;

- Ethnics; persons living in ethnic minority areas, mountainous areas, islands, disadvantaged and extremely disadvantaged areas prescribed by law;

- Pregnant women or women raising a child under 36 months of age;

- Persons having fatal diseases prescribed by law;

- Members of poor households prescribed by law.

2. Regulations on protecting rights of vulnerable consumers in Vietnam

According to Clause 2, Article 8 of the Law on Protection of Consumers’ Rights 2023, vulnerable consumers' right shall be protected as follows:

- Vulnerable consumers shall have their consumers’ rights protected in accordance with regulations of the Law on Protection of Consumers’ Rights 2023 and rights and priority policies protected under other relevant regulations of law;

- Traders shall have the initiative and responsibility to implement the regulations enshrined in clause 3 of Article 8 of the Law on Protection of Consumers’ Rights 2023;

- 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 Article 8 of the Law on Protection of Consumers’ Rights 2023;

- 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  clause 2 of Article 8 of the Law on Protection of Consumers’ Rights 2023;

- 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;

- 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 Article 8 of the Law on Protection of Consumers’ Rights 2023 as prescribed by law.

More details can be found in Law on Protection of Consumers’ Rights 2023, taking effect on July 1, 2024, replacing the Law on Protection of Consumers’ Rights 2010.

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