Regulations on resolving the request to protect consumers’ interests in Vietnam

Regulations on resolving the request to protect consumers’ interests in Vietnam (Internet image)

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

1. Handling of violations of laws on protection of consumers’ interests in Vietnam

Handling of violations of laws on protection of consumers’ interests according to Clauses 1, 2 and 3, Article 11 of the Law on Protection of Consumers' Rights 2010 as follows:

- Individuals violating the law on protecting the interests of consumers, depending on the nature and seriousness of their violations, shall be administratively sanctioned or examined for penal liability, if causing damage, shall pay compensation in accordance with laws.

- Organizations that violate the law on protecting the interests of consumers, depending on the nature and seriousness of their violations, shall be administratively sanctioned, in case of causing damage, shall pay compensation as prescribed by laws.

- Individuals who abuse their positions and powers to violate the law on protection of the interests of consumers, depending on the nature and seriousness of their violations, shall be disciplined or prosecuted for criminal liability, if causing damage, shall be required to pay compensation as prescribed by laws.

2. Regulations on resolving the request to protect consumers’ interests in Vietnam

Resolving the request to protect consumers’ interests under Clauses 1, 2, 3 and 4, Article 26 of the Law on Protection of Consumers' Rights 2010 is as follows:

- Upon receipt of the request of consumers, the district-level state management agencies for protection of the interests of consumers shall request the parties to explain and provide information, evidence or by themselves verify and collect information and evidence to deal with as prescribed by law.

- District-level state management agencies for protection of the interests of consumers shall respond in writing with respect to their resolution to the consumers;

In the case where organizations or individuals trading goods services are found to violate the interests of consumers, a written reply must contain the following:

+ The violation behaviors;

+ Measure to overcome the consequences;

+ The duration for applying the measure of overcoming the consequences;

+ Measures for handling administrative violations, if any.

- Remedies for overcoming the consequences prescribed in Point b, Clause 2 of Article 26 of the Law on Protection of Consumers' Rights 2010 include:

+ Forcing organizations or individuals trading goods and/or services to withdraw and destroy goods or stop supplying goods or services;

+ Suspending or suspending temporarily the business activities of the violating organizations or individuals;

+ Forcing organizations or individuals trading goods and/or services to eliminate provisions that violate the interests of consumers from the form-based contract, general trading conditions.

- In addition to the measures specified in Clause 3 of Article 26 of the Law on Protection of Consumers' Rights 2010, re-violating organizations or individuals trading goods and/or services may also be introduced to the List of organizations or individuals trading goods and/or services violating customers' interests.

3. Requirement of state management agencies to protect consumers’ interests in Vietnam

According to Article 25 of the Law on Protection of Consumers' Rights 2010, the requirement of state management agencies to protect consumers’ interests are as follows:

- Upon discovering that violations of laws on protection of consumers’ interests by organizations or individuals trading goods and/or services cause damage to the interests of the State, the interests of many consumers, public interest, the consumers, social organizations may request verbally

Or in writing to the State management agency on protection of consumers’ interests of the district where the transaction take place to handle.

- Consumers or social organizations are obliged to provide information and evidence related to violations of organizations or individuals trading goods and/or services.

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