How does the Law on Consumer Protection regulate the responsibilities of business organizations and individuals towards consumers in transactions on cyberspace?

Reply:

According to Article 39 of the Law on Consumer Rights Protection 2023, the responsibilities of business organizations and individuals with consumers in transactions on cyberspace are stipulated as follows:

1. Organizations and individuals doing business in cyberspace include:

a) Organizations and individuals trading in products, goods and services through self-established information systems or through digital platforms;

b) Organize the establishment and operation of intermediary digital platforms.

2. Organizations and individuals doing business in cyberspace are responsible for implementing the provisions in Articles 37 and 38 of this Law, Section 2 of this Chapter in the case of providing continuous services.

3. In addition to the responsibilities specified in Clause 2 of this Article, the organization establishing and operating the intermediary digital platform has the following responsibilities:

a) Designate and publicly announce contact points and authorized representatives to coordinate with competent state agencies in resolving issues related to consumer rights protection;

b) Develop and publicly announce the operating regulations of the intermediary digital platform for consumers, clearly defining the responsibilities of the parties participating in the transaction;

c) Provide information about business organizations and individuals operating on intermediary digital platforms when consumers transact with such business organizations and individuals upon request;

d) Allow consumers to provide feedback and evaluation about business organizations and individuals, products, goods and services sold and provided by business organizations and individuals, and at the same time fully and accurately display feedback and evaluation results, except in cases where such feedback and evaluation violates the provisions of law or social ethics;

d) Fully and transparently display information about products, goods and services sold and provided by business organizations and individuals, including mandatory contents shown on product labels according to regulations of law on product labels, except for information specific to the product, including: date, month and year of manufacture; expiry date; batch number; frame number, engine number; performance standards to be achieved in providing products, goods and services;

e) Designate and publicly announce a focal point for receiving and resolving consumer feedback, requests, and complaints related to products, goods, services, and information content on the intermediary digital platform; receive and resolve consumer feedback, requests, and complaints against organizations that establish and operate the intermediary digital platform;

g) Have measures to allow priority display of assessments, feedback, and recommendations from social organizations participating in protecting consumer rights or credit rating organizations according to the provisions of law;

h) Directly store information or provide solutions to store information about products, goods, services and related transactions, allowing consumers to access, trace, download, store and print invoices, vouchers and documents related to transactions on the intermediary digital platform that they manage;

i) Transparency in advertising activities on cyberspace according to the provisions of law in case of advertising activities;

k) Provide reports on content censorship activities performed at the request of competent state agencies;

l) Maintain an online reporting account and provide updated information and data up to the time of reporting request to serve the inspection and examination activities of competent state management agencies as prescribed by law;

m) Authenticate the identity of organizations and individuals selling products, goods, and providing services on their digital intermediary platforms;

n) Be responsible to consumers according to the provisions of the law on e-commerce in cases where domestic and foreign business organizations and individuals sell and provide products, goods and services to consumers in Vietnam;

o) Perform other responsibilities as prescribed by this Law and other relevant legal provisions.

4. Organizations that establish and operate large digital platforms must comply with the provisions of Clause 3 of this Article and have the following responsibilities:

a) Establish an advertising repository that uses algorithms to target specific consumers and consumer groups;

b) Periodically evaluate content moderation activities, the use of algorithmic systems and advertising directed at specific consumers and consumer groups;

c) Periodically evaluate the implementation of regulations on handling fake accounts, the use of artificial intelligence, fully or partially automated solutions.

5. The Government shall detail Clause 4 of this Article.