Resolving disputes between consumers and business organizations and individuals through arbitration and court

The Law on Consumer Protection 2023 stipulates 04 methods of dispute resolution between consumers and business organizations and individuals as follows: Negotiation, mediation, arbitration, and court.

This article will share about how to resolve disputes through arbitration and court.

1. Dispute resolution by arbitration

1.1. Validity of the arbitration clause

- Business organizations and individuals must notify about the arbitration clause before entering into a contract and obtain consumer approval.

- In case an arbitration clause is included in a standard contract or general transaction conditions by a business organization or individual, when a dispute arises, the consumer has the right to choose another method of dispute resolution.

1.2. Procedures for dispute resolution at arbitration

The order and procedures for dispute resolution at arbitration are implemented according to the provisions of the law on commercial arbitration.

1.3. Burden of proof

- Consumers have the obligation to provide evidence and proof to protect their legitimate rights and interests according to the provisions of law, except for proving the fault of business organizations and individuals.

- Business organizations and individuals have the obligation to prove that they are not at fault for causing damage according to the provisions of law.

2. Dispute resolution in court

2.1. Civil cases on consumer rights protection

- A civil case on consumer rights protection is a case in which the plaintiff is a consumer or a social organization participating in protecting consumer rights as prescribed in this Law. The court shall resolve a civil case on consumer rights protection according to the order and procedures prescribed in the Civil Procedure Code.

- Civil cases on consumer rights protection with a transaction value of less than 100 million VND shall be resolved under simplified procedures without having to satisfy the conditions specified in Clause 1, Article 317 of the Civil Procedure Code.

- Civil cases on consumer rights protection not falling under the provisions of Clause 2 of this Article shall be resolved under the simplified procedure when meeting all the conditions specified in Clause 1, Article 317 of the Civil Procedure Code.

2.2. Court fees for civil cases on consumer rights protection

- Court fees for civil cases on consumer rights protection shall be implemented in accordance with the provisions of law on court fees and charges and the provisions of this Law.

- Consumers who initiate civil lawsuits to protect their legitimate rights and interests, and social organizations participating in consumer rights protection representing consumers under authorization to initiate civil lawsuits to protect consumer rights, do not have to pay advance court fees.

- Social organizations participating in protecting consumer rights that initiate civil lawsuits on protecting consumer rights for the public interest do not have to pay advance court fees or pay court fees.

2.3. Public disclosure of information on civil cases on consumer rights protection for public interest initiated by social organizations participating in consumer rights protection

- Social organizations participating in protecting consumer rights that initiate civil lawsuits on consumer rights protection for public interest are responsible for publicly announcing the Court's acceptance of the case within 07 working days from the date the Court accepts the case.

- The public announcement of case acceptance is made by posting at the headquarters and posting on the website and application software (if any) of the social organization participating in consumer rights protection for at least 15 days from the date of posting.

- Within 07 working days from the date of conclusion of the case, the social organization participating in protecting consumer rights shall be responsible for publicizing the results of the case settlement in the form and within the time limit prescribed in Clause 2 of this Article.

2.4. Compensation for damages in civil cases on consumer rights protection for public interest initiated by social organizations participating in consumer rights protection

- Compensation for damages and beneficiaries in civil cases on consumer rights protection for public interests initiated by social organizations participating in consumer rights protection are implemented according to the judgment and decision of the Court.

- In case the beneficiary cannot be identified, the compensation for damages in a civil case on consumer rights protection for public interest initiated by a social organization participating in consumer rights protection shall be used to serve common activities for consumer rights according to Government regulations.