05 things to know in civil cases on consumer rights protection from July 1, 2024

1. What is a civil case 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 the Law on Consumer Protection 2023.

The court resolves civil cases on consumer rights protection according to the order and procedures prescribed in the 2015 Civil Procedure Code.

(Clause 1, Article 70 of the Law on Consumer Protection 2023)

2. When is a civil case on consumer rights protection resolved under the simplified procedure?

For civil cases on consumer rights protection with a transaction value of less than 100 million VND, they will be resolved under simplified procedures without having to satisfy the conditions specified in Clause 1, Article 317 of the 2015 Civil Procedure Code.

Specifically, the following conditions do not need to be met:

(i) The case has simple circumstances, clear legal relationships, the parties have acknowledged their obligations; documents and evidence are complete, ensuring sufficient grounds to resolve the case and the Court does not have to collect documents and evidence;

(ii) The parties all have clear residential and head office addresses;

(iii) No party resides abroad, the disputed property is abroad, except in cases where the party abroad and the party in Vietnam have agreed to request the Court to resolve the case under the simplified procedure or the parties have presented evidence of legal ownership of the property and have reached a unified agreement on the handling of the property.

In case a civil case on consumer rights protection does not fall under the above cases, it will be resolved under the simplified procedure when it satisfies all conditions (i), (ii) and (iii).

(Clause 2, 3, Article 70 of the Law on Consumer Protection 2023)

3. Court fees for civil cases on consumer rights protection

Court fees for civil cases on consumer rights protection are implemented according to the provisions of law on court fees and charges and the provisions of the Law on Consumer Protection 2023.

In there:

- 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.

(Article 71 of the Law on Consumer Protection 2023)

4. When is information about civil cases on consumer rights protection made public?

For civil cases on consumer rights protection for public interest where the plaintiff is a social organization participating in consumer rights protection, the responsible party shall publicly announce the Court's acceptance of the case regarding the lawsuit within 07 working days from the date the Court accepts the case.

In particular, the public announcement of case acceptance is carried out by posting at the headquarters and posting on the electronic information page and application software (if any) of the social organization participating in consumer rights protection for at least 15 days from the date of posting and 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 above.

(Article 72 of the Law on Consumer Protection 2023)

5. How much is the compensation for damages in a civil case on 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 shall be 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.

(Article 73 of the Law on Consumer Protection 2023)