What are the modes of settling disputes between consumers and organizations or individuals trading goods and/or services in Vietnam? - Ngoc Minh (Can Tho)
Modes of settling disputes between consumers and organizations or individuals trading goods and/or services in Vietnam (Internet image)
Regarding this issue, LawNet answers as follows:
Modes of settling disputes between consumers and organizations or individuals trading goods and/or services according to Article 30 of the Law on Protection of Consumers’ Rights 2010 are as follows:
- Disputes arising between consumers and organizations or individuals trading goods and/or services are addressed through:
+ Negotiation;
+ Reconciliation;
+ Arbitration;
+ Court.
- 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.
Consumer rights according to Article 8 of the Law on Protection of Consumers’ Rights 2010 are as follows:
- 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.
- 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.
- 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.
- 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.
- Being entitled to participate in formulating and implementing policies and legislation on protection of the interests of consumers.
- 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.
- 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.
- Getting Advice, support and guidance on the knowledge for consumption of goods and/or services.
3. Obligations of consumers
Obligations of consumers under Article 9 of the Law on Protection of Consumers’ Rights 2010 are as follows:
- Checking before receiving the goods; selecting and consume goods and/or services with clear origin or source, without cause harm to the environment, contrary to the fine customs and social morals, not causing harm to their lives or health and that of others; observing precisely and fully the manual of goods and/or services.
- Informing state agencies, organizations or individuals concerned when detecting goods and/or services circulating in the market are not safe, causing damage or threatening to cause damage to life, health and property of consumers, behaviors of organizations or individuals trading goods and/or services infringe upon the legal rights or interests of consumers.
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