Principles of the Law on Consumer Protection 2023

In accordance with the spirit of the Commercial Law, the Law on Technical Standards and Regulations, the Law on Food Safety, the Law on Product and Goods Quality, the Civil Code, the Penal Code, etc., the development of the Law on Consumer Rights Protection in 2023 is based on the following guiding views and orientations:

1. Firstly, protecting consumer rights is the responsibility of the State, organizations, individuals and the whole society.

Similar to the Law on Consumer Protection 2010, the Law on Consumer Protection 2023 also stipulates that the responsibility to protect consumer rights is a common responsibility of the State and society.

On the State side, as stipulated in Article 74 of the 2023 Law, the Government unifies state management of consumer rights protection. The Ministry of Industry and Trade is the focal agency to assist the Government in unifying state management of consumer rights protection. Ministries and ministerial-level agencies, within the scope of their tasks and powers, are responsible for implementing consumer rights protection activities in the assigned management areas, coordinating with the Ministry of Industry and Trade to implement state management of consumer rights protection. People's Committees at all levels, within the scope of their tasks and powers, implement state management of consumer rights protection in the locality.

In addition, the provisions of Clause 1, Article 6 of the Law on Consumer Rights Protection 2023, our country's law also affirms that protecting consumer rights is not an obligation imposed solely on the State and society, but also the responsibility of each individual and organization. Compared to the provisions of the Law on Consumer Rights Protection 2010, the spirit of the legislator has expanded the general responsibility, so that all social organizations, agencies and individuals can fully exercise their rights and obligations and promote initiative in activities to protect their own rights - those participating in consumer relations in the context of integration.

According to this orientation, the State encourages and honors consumers, organizations and other individuals participating in protecting the rights of product consumers. This is consistent with the addition of consumer rights protection activities of the Vietnam Fatherland Front and socio-political organizations in Chapter IV, Article 48. It can be seen that the socialization of consumer protection work is very necessary. Because in the era of digital technology explosion, the use of social networks to advertise, introduce, provide false information about products, offer smuggled goods, counterfeit brands, and violate intellectual property rights is increasingly widespread, so protecting consumer rights is the obligation and responsibility of the State, the people and society.

2. Second, the legitimate rights and interests of consumers are recognized, respected, guaranteed and protected according to the provisions of law.

While the Law on Consumer Protection 2010 sets out 8 basic rights of consumers[11], which are the right to be assured of safety; to be provided with information; to choose; to contribute opinions; to participate in the development and implementation of policies and laws on consumer protection; to request compensation for damages; to complain, denounce, and file lawsuits; to receive advice, support, and guidance on knowledge about consumption of goods and services, with the advent of the Law on Consumer Protection 2023, consumers are supplemented with 3 more groups of rights. These are the right to be facilitated to choose a healthy and sustainable consumption environment; to be protected when using public services; and other rights as prescribed by law. In general, the provisions on consumer rights in Vietnam are consistent with the United Nations' general guidelines on Consumer Protection.

In addition, the State's policy on protecting consumer rights also requires individuals and business organizations to improve business ethics, form a culture of safe, civilized, healthy and sustainable consumption; strictly and promptly handle acts that violate consumer rights. Prohibited acts for these entities are also clearly stated in Clause 1, Article 10 of the Law on Protection of Consumer Rights 2023. Not only that, in the face of new forms of business emerging in the digital age, the law also sets out strict regulations, strictly prohibiting business organizations and individuals from establishing, operating, and providing digital platform services from committing acts that violate consumer rights.

Particularly for multi-level marketing organizations and individuals, the 2023 Law on Consumer Protection stipulates regulations prohibiting these entities from performing the acts specified in Clause 2, Article 10, which are considered to be compatible with competition law. It can be seen that the principle of consumers' legitimate rights and interests being recognized, respected, guaranteed and protected according to the provisions of law is a guideline and orientation throughout the regulations on the responsibilities of business organizations and individuals towards consumers, contributing to the best protection of the legitimate rights and interests of the final users of goods and services in the supply chain on the market.

3. Third, consumer rights protection must be proactively implemented in a timely, fair, transparent and lawful manner.

Faced with unpredictable consequences, along with the rapid development of the consumer market, protecting consumer rights needs to be handled quickly and urgently, otherwise it will lead to economic and human health consequences that are very difficult to overcome. Quickly preventing and proactively preventing will help reduce damage to consumers and affected organizations and production units.

In addition, the protection of consumer rights is also handled fairly and transparently. Because the nature of transactions in shopping and consumption is a form of contract, a free agreement. However, if the parties are given unlimited freedom, the contract will become a means for the stronger party to overwhelm the weaker party and cause great damage to the common interests of society. Not only that, ordinary consumers have little opportunity to negotiate and bargain in relations with business organizations and individuals, so the law needs to have specific regulations to ensure balance in these relations, thereby contributing to stabilizing social order and protecting the common interests of society. However, it should also be noted that protecting the legitimate rights and interests of consumers also ensures the legitimate rights and interests of business organizations and individuals. Therefore, consumers also have corresponding obligations in the process of consuming products. This is a regulation to ensure fairness, transparency and legality in the process of protecting consumer rights.

4. Fourth, consumer rights protection activities must not infringe upon the interests of the State, the legitimate rights and interests of business organizations and individuals, and other organizations and individuals.

It is necessary to understand that the provisions of the Law aim to enhance the responsibility of enterprises towards consumers while still ensuring the legitimate rights and interests of these entities. Protecting consumer rights is not to limit the legitimate rights of enterprises, but to contribute to avoiding creating loopholes for some individuals to take advantage of consumer rights and cause damage to enterprises. The purpose of the law is to use the power of the market to eliminate enterprises that violate consumer rights, thereby protecting legitimate businesses in addition to protecting consumer interests. Consumers themselves also need to be aware of their responsibility in fighting against counterfeit and fake goods when participating in buying and selling these items, and not "colluding" with subjects that disrupt the market. Because if consumers are aware of their rights and obligations and resolutely boycott these types of goods, organizations and violators will have no outlet for consumption. Supply without demand will inevitably eliminate itself. This not only protects the interests of consumers but also contributes to a healthy circulation of goods in the market. This is also in line with the general spirit of the Law, avoiding the creation of a widespread, unfounded complaint mechanism, aiming towards sustainable consumption effectively.

5. Fifth, ensure fairness, equality, non-discrimination based on gender, voluntariness, non-violation of law, and non-contravention of good customs and social ethics in transactions between consumers and business organizations and individuals.

In line with the spirit of the Constitution, the 2023 Law on Consumer Protection has specific provisions on the protection of vulnerable consumer rights. This is considered a new provision, consistent with the spirit of ensuring fairness, equality, and non-discrimination as set forth in the general principle. Accordingly, these are consumers who are likely to suffer many adverse impacts on access to information, health, property, and dispute resolution at the time of purchasing or using products, goods, and services. These subjects include: Elderly people as defined by the law on the elderly; People with disabilities as defined by the law on the disabled; Children as defined by the law on children; Ethnic minorities; people living in ethnic minority and mountainous areas, islands, areas with difficult socio-economic conditions, areas with particularly difficult socio-economic conditions as defined by the law; Pregnant women or women raising children under 36 months of age; People with serious illnesses as prescribed by law; Members of poor households as prescribed by law.

In addition, the above subjects are also entitled to preferential rights and policies such as when there is a request for protection with supporting evidence and documents, business organizations and individuals must prioritize receiving, processing and not forwarding consumer requests to a third party for settlement, unless the third party has related obligations. In case of refusing to settle a request of a vulnerable consumer, the business organization or individual must respond in writing, clearly stating the legal basis and the inconsistency with the published policy content. In case the business organization or individual is slow, refuses to prioritize or refuses to receive and process a consumer request, it must compensate for damages according to the provisions of civil law for vulnerable consumers. In particular, when dealing with vulnerable consumers, business organizations and individuals must not discriminate, take advantage of vulnerable factors to infringe upon the legitimate rights and interests of consumers during the transaction process[15], nor refuse to resolve requests for protection from vulnerable consumers due to differences in language, writing, customs and practices[16]. It can be seen that protecting the rights of vulnerable consumers is a new regulation, clearly demonstrating the humane policies and guidelines of the State and Government in comprehensively, fairly and equally protecting the legitimate rights and interests of the people.

In addition, regulations on consumer information protection, measurement safety assurance, third party responsibility in providing information about products, goods and services to consumers, warranty policies, responsibility for accessing and resolving feedback, complaints or compensation for damages caused by defective products and goods are also appropriate regulations, complying with general principles to promote responsible business practices, diversify modern distribution channels, and build an independent and self-reliant economy.