LAW ON PROTECTION OF CONSUMERS’INTERESTS 2023 SUPPLEMENT OBLIGATIONS OF THE ENTERPRISE WHEN SELLING, PROVIDING SERVICES

LAW ON PROTECTION OF CONSUMERS’INTERESTS 2023 SUPPLEMENT OBLIGATIONS OF THE ENTERPRISE WHEN SELLING, PROVIDING SERVICES

2023-08-19 10:29:18 1319

Continuing the series of topics on laws passed by the National Assembly and having impacts on the business community and consumers; ATA Legal Services has selected the Law on Protection of Consumers' Interests 2023 as the main topic for this topic.

Interested customers and readers can follow the topic of  Law on Bidding presented and analyzed by ATA here.

To view the pdf, please visit here: Law on protection of consumers’interests 2023 supplement obligations of the enterprise when selling, providing services

LAW ON PROTECTION OF CONSUMERS’INTERESTS 2023

SUPPLEMENT OBLIGATIONS OF THE ENTERPRISE WHEN SELLING, PROVIDING SERVICES

The Law on Protection of Consumers' Interests was passed by the National Assembly on 17 Nov 2010. However, at that time, consumer protection mechanisms did not really meet the needs of society. A few years ago, consumers were not used to protecting their rights by asking regulatory agencies to step in or still did not know about or use consumer protection associations to protect their rights.

However, recently, when the propaganda about consumers' interests has been increasingly strengthened, consumers have also gradually become "wise" and knowledgeable in the process of entering and performing transactions with merchants selling goods and providing services. This also requires traders selling goods and providing services to be more aware and improve their responsibilities for products and services to avoid legal consequences when they are determined to infringe on the interests of consumers.

The Law on Protection of Consumers’ Interests 2010 has partly shown its role as a legal tool to help consumers raise their awareness and awareness of protecting their legitimate rights and interests, while also contributing to building a responsible business culture in the business community. However, with more than 13 years of application, the Law on Protection of Consumers’ Interests 2010 also revealed many limitations and shortcomings, including not adjusting new transaction models such as electronic transactions, telephone transactions; consumer protection mechanisms are inadequate and ineffective; has not promoted the role of consumer protection associations, etc. Recently, after a period of research, drafting, receiving comments, and completing drafts, the National Assembly has officially passed the Law on Protection of Consumers’ Interests 2023 (amended) in the direction of overcoming limitations and shortcomings and meeting practical needs.

ATA Legal Services will summarize the key new points of the Law on Protection of Consumers’ Interests 2023 based on a comparison with the provisions of the Law on Protection of Consumers’ Interests 2010, and provide an assessment of the impacts, progress, and limitations of these regulations on the business community, organizations, Vietnamese individuals.

I. IDENTIFICATION AND SUPPLEMENTATION OF CERTAIN SUBJECTS GOVERNED BY THE LAW

1. Clearly define the subject of "Consumers"

Article 3 of the Law on Protection of Consumers’ Interests 2023 stipulates: "Consumer means a person who buys or uses products, goods, and services for consumption and activities of individuals, families, agencies, and organizations and not for commercial purposes." Accordingly, the Law on Protection of Consumers’ Interests 2023 has supplemented a criterion to define "Consumers" as users of goods and services "not for commercial purposes". Thus, consumers must be the final users of products and services in the chain of circulation of goods and services and the purpose of using those products and services is to serve the consumption and activities of individuals, families, agencies, and organizations. This is to distinguish it from those organizations, individuals are intermediaries, brokers, agents, or those who purchase goods or services for other business purposes.

2. Supplement the subject of "Vulnerable Consumer”

The Law on Protection of Consumers’ Interests 2023 supplements new regulations, in our opinion, are highly humane, demonstrating the State's policy in comprehensively protecting the legitimate rights of disadvantaged people in society. Accordingly, the Law on Protection Consumers’ Interests 2023 identifies 07 vulnerable consumer groups, including:

  1. Elderly;
  2. People with disabilities;
  3. Children;
  4. Ethnic minorities; people living in ethnic minority and mountainous areas, islands, areas meeting with difficult socio-economic conditions or areas meeting with extremely difficult socio-economic conditions;
  5. Women who are pregnant or nursing a child under 36 months old;
  6. Persons suffering from serious illnesses as prescribed by law;
  7. Members of poor households (the identification of the above subjects is based on relevant laws).

The common characteristic of this vulnerable group of consumers is that they are "disadvantaged" in many ways compared to the general level of society. The basis for identifying the above group of people as disadvantaged people because the ability of this group of people to access information, grasp and understand information is limited compared to others, and health and financial factors do not allow them to have adequate awareness and ability to make decisions about "consumption" most beneficial for oneself; Or in case they are negatively affected by the consumption of poor quality goods and services, it is also difficult to have awareness and capacity to claim legitimate rights for themselves.

3. Supplement the subject of "Influencers"

Now, consumers tend to shop according to the advice of people who they think are reputable, influential, or simply psychological attraction instead of following traditional images or advertising language as before; therefore, the trend of advertising purchases through influencers has grown in Vietnam in recent years. To promptly create a legal framework for influencer purchases, the Law on Protection of Consumers’ Interests 2023 supplements the subject of regulation as "Influencers". Accordingly, the Law on Protection of Consumers’ Interests stipulates that influencers are experts, prestigious people, and people who are noticed by society in specific fields, industries, and professions according to the Government's regulations.

From ATA's point of view, the scope of influencers as stipulated in the Law on Environmental Protection 2023 does not fully and comprehensively cover influencers. In fact, influencers create consumer psychology with a very diverse public, they operate in many fields, and industries and even do not operate in any specific industry; therefore, the scope as defined by the Law on Protection of Consumers’ Interests 2023 is limited and the application of regulations may be affected because of this limitation.

4. Supplement concepts and adjust mechanisms for specific transactions

Specific transactions, including:

  1. Remote transactions: defined as a transaction conducted in cyberspace, electronic or other means where consumers are not inspected or in direct contact with products, goods, or services before participating in transactions.
  2. Continuous service provision: defined as the provision of services with a term of 03 months or more or an indefinite term.
  3. Direct selling: is the business organization or individual that actively approaches consumers, introduces products, goods, and services for sale, provides to consumers in the form of door-to-door sales, multi-level sales, sales not at regular transaction locations.

These forms of transactions before the introduction of the Law on Protection of Consumers’ Interests 2013 have been prescribed in documents under the law including Decree 99/2011/ND-CP detailing and guiding the implementation of several articles of the Law on Environmental Protection; and Decree 40/2018/ND-CP on management of business activities in a multi-level manner. However, the Law on Protection of Consumers’ Interests 2023 supplements more specific forms of business, which fall within the specific forms of transactions mentioned above, such as transactions in cyberspace (remote transactions) and sales activities not at regular trading locations (direct sales) – both forms of transactions that regularly take place in modern life, especially in recent years.

In addition, the Law on Protection of Consumers’ Interests 2023 also adds sustainable consumer behavior, which is defined as the use of goods and services that meet the purpose of consumption and activities of individuals, families, agencies and organizations effectively, while minimizing negative impacts on the environment, socio-economic; this regulation aims at environmental protection and sustainable development – one of the issues that has received a lot of attention recently.

The added provisions of the Law on Protection of Consumers’ Interests 2023 have updated the changes, market development trends and urgent socio-economic issues in the current period, creating a more complete legal framework to regulate issues related to protecting the legitimate rights and interests of consumers.

II. THE NEW REGULATIONS STRENGTHEN THE OVERALL RESPONSIBILITY OF BUSINESS ORGANIZATIONS AND INDIVIDUALS TOWARD CONSUMERS

The Law on Protection of Consumers’ Interests has the sole purpose and content of best protecting the legitimate interests of consumers. In principle, consumers are always in a "weaker" position than business organizations and individuals (including organizations and individuals performing commercial intermediary activities) (hereinafter collectively referred to as "Enterprises"). This comes from the nature of the process of trading goods, the difference in position between enterprises and consumers, the lack of information, the lack of capacity to protect their own interests of consumers. Accordingly, the Law on Environmental Protection has been developed in the direction of trying to protect the best and widest range of consumers' rights, through the main method of clearly stipulating and detailing the responsibilities of organizations and individuals in the process of production, business and in the process of transactions with consumers. These contents will also directly affect the development of risk management strategies and plans, especially legal risks in the production, business, sales, and service provision activities of enterprises.

This is also the focus of this seminar of ATA.

1. Enterprises conducting commercial intermediary activities shall be jointly liable in cases where defective products and goods cause damage; Influential people in society are jointly responsible for the quality of goods and services provided to consumers.

1.1. Regarding the responsibilities of enterprises performing commercial intermediary activities

As analyzed by ATA in Section I above, the Law on Protection of Consumers’ Interests 2023 clearly defines "consumers" - as those who ultimately consume products, goods, and services; on that basis, the Law on Protection of Consumers’ Interests 2023 expands the scope of those responsible for protecting the interests of consumers; means all objects related to the production, distribution and provision of products and services for commercial purposes.

More specifically, defective products and goods that cause damage to the life, health, and property of consumers; the Law on Protection of Consumers’ Interests 2023 requires those responsible for compensation in this case, not only enterprises producing, importing, directly supplying products and goods and enterprises attaching trade names to products and goods as in the Law on Protection of Consumers’ Interests 2010 but also enterprises performing commercial intermediary activities for products, commodity. Accordingly, enterprises involved in any stage in the process of circulation of goods and/or services with the objective of trading goods and/or services shall be responsible for the quality of such products and goods.

This is a new regulation in the direction of strengthening responsibilities for enterprises in the process of distributing goods and services. However, for this regulation to be practical and ensure suitability and fairness for stakeholders, lawmakers need to continue to study to set out principles or limits on the scope and level of responsibility of enterprises, in which cases are fully responsible, which cases are joint liability, etc.

1.2. Regarding the responsibilities of influencers in society

As ATA analyzed in Section I above, in the current period, influencers in society have great impacts and become increasingly important, even decisive to the consumer behavior of many people in society. The development of e-commerce, the fact that consumers are not able to directly recognize products, has led to the consequence that consumers tend to "listen" or "learn" product quality through comments and reviews from people who have used products before; and inevitably, those who attract the attention of the community, those who are highly appreciated by the community, their comments and reviews will attract more people to buy goods and services.

Based on identifying Influencers, the Law on Protection of Consumers’ Interests 2023 has supplemented regulations to specify the responsibilities of these entities, as well as of enterprises when selling/providing services through this object. As follows:

For enterprises: Must notify consumers in advance and publicize the sponsorship of influencers in any form to use their images, advice, and recommendations to promote trade or encourage consumers to buy and use products and goods, services.

For the influencer himself:  In case an enterprise provides information about products, goods, or services through an influencer, the influencer has the following responsibilities:

  1. Ensure the provision of accurate and complete information on products, goods and services provided by business organizations and individuals and related assessment and rating programs (if any).
  2. Request business organizations and individuals to provide information, documents and means to prove the accuracy and completeness of information on products, goods and/or services.
  3. Take joint responsibility for providing inaccurate or incomplete information about products, goods, or services, unless proven to have taken all measures prescribed by law to check the accuracy and completeness of information about products, goods, and services.
  4. Notify consumers in advance of their sponsorship to provide information about products, goods, or services.
  5. Comply with other relevant provisions of law.

From ATA's point of view, the above regulations will apply to influencers not only in the process of operating in the information channels under their charge but also when such influencers carry out advertising activities based on contracts and transactions for enterprises. This will bind the responsibility of influencers during their activities, avoiding causing severe consequences for consumers who buy/use services just because of blind trust in these people. Influencers themselves are already people with a certain understanding and capacity in work and life, asking them to thoroughly learn about products and services before spreading information to consumers is also a way to help consumers can learn more about the products, that service.

However, in our opinion, there is still a need for more specific guidance on the evaluation criteria and how to define "experts" and "reputable persons", and specific responsibilities to businesses and/or influencers for violating relevant regulations.

2. Enterprises must take separate measures to protect the interests of vulnerable consumers

Vulnerable consumer groups have more "vulnerable" characteristics than other consumer groups. Therefore, in addition to the usual responsibilities, Article 8 of the Law on Protection of Consumers’ Interests 2023 requires enterprises to comply with the following responsibilities when conducting transactions with this group of consumers:

  1. Apply a mechanism for settling complaints and disputes in accordance with the provisions of law suitable to each vulnerable consumer.
  2. Must not refuse to address the protection claims of vulnerable consumers due to differences in speech, writing, or customs.
  3. Combating discrimination, taking advantage of vulnerable factors to infringe upon the legitimate rights and interests of consumers in the process of conducting transactions.
  4. Formulate and promulgate orders, procedures, methods or measures suitable to each vulnerable consumer to ensure the right to complain, request dispute settlement and other rights of vulnerable consumers.

All above mechanisms, commitments and guarantees must be developed, updated, and disclosed to vulnerable consumers by posting at head offices, business locations or posting on websites, application software (if any) and training, train their employees on such content.

From ATA's point of view, the above regulations are not specific, do not show outstanding benefits or clear responsibilities that business organizations and individuals must perform when dealing with disadvantaged consumers. Vulnerable consumers themselves will find it difficult to learn about mechanisms, commitments, and guarantees in the transaction process if enterprises only list or post on their websites and software. In fact, this type of information is usually included in a document called Conditions, terms of purchase, use of services. This document is often very content, presented in extremely long, difficult-to-understand language that even lawyers and jurists take a lot of time to understand or deeply understand. It would be more appropriate for legislators to require businesses to make direct dissemination to consumers about relevant issues before a transaction and to prove that they have fulfilled this obligation, and to consider determining this as a condition for assessing the validity of the transaction (on the basis of participation) in accordance with the provisions on civil transactions that are invalid due to violations of the conditions on the will of the subjects participating in the transaction in Articles 122 to 128 of the 2015 Civil Code).

In addition, for regulations on the mechanism for resolving vulnerable consumers' protected claims, the Law on Protection of Consumers’ Interests 2023 still requires consumers to provide sufficient evidence and documents proving that their rights have been infringed as a basis for receiving enterprises to resolve their requests. However, as ATA analyzed above and the provisions of the law itself, vulnerable consumers are those who are highly limited in their abilities and perceptions (awareness of their rights, responsibilities, capacity for knowledge, etc. their understanding of the law, their financial capacity does not allow them to access information or prove the faults of any other party, etc.), so it is very difficult to ask them to prove the above requirements to protect themselves; therefore, this regulation will be difficult to enforce in practice. In our opinion, in these cases, consumers only need to show proof that they are vulnerable and ask for information about the goods purchased, the services used as well as their experience when buying and using goods and services. The responsibility for checking and determining the correctness and reasonableness of consumers' requirements should belong to the sales and service providers. At the same time, lawmakers also need to provide a mechanism to resolve cases where enterprises respond inappropriately or do not meet the requirements of consumers, they themselves or their guardians or related families - who are directly / indirectly affected by the purchase,  Using services of vulnerable consumers will be entitled to initiate lawsuits or take appropriate measures in accordance with the law to protect their legitimate rights and interests.

In our opinion, if it is possible to clarify the above-mentioned contents, regulations on protecting the interests of vulnerable consumer groups will be more effective.

3. Enterprises trading in products, goods and/or services with many consumers buying and using regularly, continuously, having direct and long-term impacts on consumers must register form-based contracts and general trading conditions.

The Law on Protection of Consumers’ Interests 2010 stipulates that enterprises trading goods and services on the List of essential goods and services must register contracts according to the form and general trading conditions. The Law on Protection of Consumers’ Interests 2023 sets out the principle of defining subjects subject to registration of form-based contracts and general trading conditions in the direction of expanding the scope. Accordingly, enterprises trading in products, goods and/or services with a large number of consumers buying and using regularly and continuously, having direct and long-term impacts on consumers must register form-based contracts and general trading conditions. The list of specific goods and services will still be considered and promulgated by the Prime Minister.

In addition, the new provisions in the Law on Protection of Consumers’ Interests 2023 also add many requirements for form-based contracts, specifically:

  1. First, supplementing regulations on the basic contents that must be included in the form-based contract. These basic contents are in accordance with the provisions for contracts in the Civil Code 2015, but there are additional specific contents that need clarification such as cases of contract termination and arising responsibilities; force majeure circumstances; time of entering a contract.
  2. Secondly, in addition to inheriting the contents of the Law on Protection of Consumers’ Interests 2010, the Law on Protection of Consumers’ Interests 2023 continues to add contents that are not allowed to be specified in form-based contracts and contracts signed with consumers, specifically contents that are detrimental to consumers such as allowing enterprises to arbitrarily change prices, arbitrarily renew the contract without prior notice or without allowing consumers to choose or allow sanctions, conditions unfavorable to consumers or contrary to the principle of good faith in entering into and performing contracts, etc.

In particular, the Law on Protection of Consumers’ Interests 2023 prohibits the inclusion in form-based contracts of contents that require consumers to agree to business organizations and individuals collecting, storing, and using consumer information as a condition for entering contracts, general trading conditions, unless otherwise provided for by law. This regulation is compatible with the provisions of the Law on Cybersecurity, the Law on Electronic Transactions 2023 passed by the National Assembly at the same time (will be updated to you by ATA soon).

4. Businesses must ensure consumers have the right to choose whether to share personal information

One of the key contents of the Law on Protection of Consumers’ Interests 2023 is to protect the confidentiality of consumers' personal information. Therefore, the Law on Protection of Consumers’ Interests 2023 has supplemented and concretized regulations on the responsibilities of enterprises when collecting, using, and ensuring the security of consumer information; Specifically, these include:

a. There must be a mechanism for consumers to choose whether to allow the following behaviors:

  • Sharing, disclosing, or transferring information to third parties, except for the case of disclosure or transfer of information for business activities of the transferor and the two parties have a written agreement on the third party's responsibility to protect consumer information according to regulations.
  • Use consumer information to advertise, introduce products, goods, services, and other activities of a commercial nature.

b. Measures must be taken to prevent unauthorized infringement of consumer information. Where an information system is attacked, giving rise to a risk of loss of information safety and security of consumers, it must promptly notify competent state management agencies and take necessary measures to ensure consumers' information safety and security according to regulations.

c. Must receive and resolve consumer complaints, requests and complaints related to the unauthorized collection, misuse of information and the notified scope.

In addition, the Law on Protection of Consumers’ Interests 2023 has added regulations requiring enterprises to develop and publicly post rules to protect consumer information, including:

  1. Purpose of information collection.
  2. Scope of information use.
  3. Information storage period; and
  4. Measures to protect and ensure information security.

In ATA's view, the above contents are only in principle. The guiding documents of the Law on Environmental Protection 2023 need to include more specific mechanisms and solutions to monitor and bind more closely the responsibilities of enterprises in protecting consumers' right to keep information confidential, and at the same time provide sufficiently strict sanctions for violations.

5. General trading conditions only take effect when the enterprise discloses to consumers before the time of making transactions

In addition to protecting consumer information, the disclosure of information of organizations and individuals related to consumers' interests is also an important content that the Law on Protection of Consumers’ Interests 2023 aims for; specifically, the Law on Protection of Consumers’ Interests 2023 supplements many contents that business organizations and individuals must disclose and provide to consumers, including:

  1. In case business organizations or individuals establish, operate, and provide digital platform services: criteria for prioritization of selection of products, goods and/or services provided on digital platforms must be publicized.
  2. Form-based contracts, general trading conditions. General trading conditions are valid for consumers only in cases where general trading conditions have been made public so that consumers know about such conditions before trading.
  3. Warranty policy, including the main contents of time, duration of application, content, scope, method of warranty performance and cases excluding warranty liability of business organizations and individuals.
  4. The process of receiving and settling consumer complaints, requests, and complaints (for organizations or individuals producing or importing products or goods or directly selling or providing products, goods, and services to consumers).
  5. Other contents and policies as prescribed.

The requirement that general trading conditions only take effect on consumers in cases where general trading conditions have been made public so that consumers know about such conditions before trading is a new regulation compared to the Law on Protection of Consumers’ Interests 2010, binding higher responsibilities of enterprises with consumers. In the opposite direction, consumers need to find out and carefully study information about general trading conditions, in case they do not understand, the best option is to consult with competent individuals/organizations before entering contracts.

Here, for form-based contracts and general trading conditions that have been made public, before December 31, 2024, business organizations and individuals must complete the registration of form-based contracts, general trading conditions (if they are subject to registration); and must complete the amendment,  supplementing the contents and form of the form-based contract, general and public trading conditions (if not subject to registration). Accordingly, businesses need to pay attention to this deadline to deploy and complete related work.

6. Enterprises must provide sufficient information and enter contracts with consumers in remote transactions

As analyzed above, the Law on Protection of Consumers’ Interests has legislated and continues to add regulations on the responsibilities of business organizations and individuals in specific transactions in relevant Decrees, and the Law also adds regulations on 02 specific forms of transactions in the prescribed forms. Some notable regulations include:

a. For remote trading:

Previously, Decree 99/2011/ND-CP only stipulated the contents required when entering contracts remotely, without specifying the compulsory entry into contracts remotely. The Law on Protection of Consumers’ Interests 2023 officially requires: in all remote transactions with consumers, business organizations and individuals are responsible for building tools and taking measures to ensure the accurate and complete provision of contract contents for consumers to study and ensure consumers sign, confirm the conclusion of contracts with business organizations or individuals.

b. For transactions in cyberspace:

This is a new form of remote trading that is supplemented by the Law on Protection of Consumers’ Interests 2023 to regulate separately. These subjects, in addition to the general responsibilities of business organizations and individuals towards consumers, must also perform other responsibilities stemming from the specific nature of this type of business, including:

  • Appoint and publicly announce contact points and authorized representatives to coordinate with competent state agencies in settling issues related to the protection of consumers' interests.
  • Formulate and publicly announce the operation regulations of intermediary digital platforms for consumers, which clearly delineate the responsibilities of the parties to the transaction.
  • Provide information about business organizations and individuals operating on intermediary digital platforms when consumers transact with such business organizations or individuals at their request.
  • Allow consumers to give feedback and evaluate business organizations and individuals, products, goods, and services sold or provided by business organizations or individuals, and at the same time fully and accurately display the results of feedback and evaluation, except for cases where such feedback or assessment violates the provisions of law, social immorality.
  • Take measures to allow the display of priority assessment, reflections and recommendations of social organizations involved in protecting the interests of consumers or credit assessment organizations in accordance with law.
  • Provide reports on content moderation activities carried out at the request of competent state agencies.
  • Authenticate the identity of organizations and individuals selling products, goods or providing services on their intermediary digital platforms.

c. For sales not at regular trading locations:

This is a new form of direct selling specifically regulated in the Law on Protection of Consumers’ Interests 2023 and is commonly known in the form of selling at trade fairs or exhibitions, organizing seminars, training sessions to sell...

Accordingly, the Law on Protection of Consumers’ Interests 2023 requires enterprises selling products, goods and providing services with a total value of more than VND 10 million to perform several notable responsibilities such as:

  • Notify commune-level People's Committees of localities where products and goods are sold, or services are organized before implementation;
  • Publicly post information about business organizations and individuals and products, goods and/or services at the location where sales are held;
  • Maintain contact information, resolve consumer complaints, requests and complaints during and after the end of the sale and supply of products, goods and services.

III. WHETHER THE NEW CONSUMER DISPUTE SETTLEMENT MECHANISM REALLY EFFECTIVE?

1. The implementation of negotiations must take place in sequence

Article 57 of the Law on Protection of Consumers’ Interests 2023 specifies the order and procedures for negotiating the interests of consumers, as well as the rights and responsibilities of the parties in the negotiation process. This further clarifies the responsibilities of the parties involved in the negotiation process.

At the same time, the Law on Protection of Consumers’ Interests 2023 also stipulates that in case enterprises do not respond to consumers' bargaining requests as prescribed or refuse to negotiate without a good reason, consumers have the right to request state management agencies to protect consumers' interests, social organizations involved in protecting the interests of consumers shall support negotiations when their legitimate rights and interests are infringed.

However, the role of support from state agencies and social organizations has not been fully promoted due to consumers' apprehension or suspicion of these agencies and organizations.

2. Supplement methods of dispute between consumers and enterprises

The Law on Protection of Consumers’ Interests 2023 officially stipulates a method of resolving disputes between consumers and businesses through mediators. Mediators under the Law on Protection of Consumers’ Interests 2023 include:

  1. Mediator in accordance with relevant mediation laws.
  2. Mediators belonging to consumer protection organizations are Vietnamese citizens who meet the conditions.

However, the conditions and mechanism for dispute settlement by conciliation, as well as the criteria and grounds for determining or selecting mediators for disputed cases have not been clarified. It is hoped that these issues will be clarified in the Law guiding documents.

3. Civil cases on protection of consumers' interests with a transaction value of less than VND 100 million shall be settled according to abbreviated procedures

According to the provisions of the Civil Procedure Code 2015, the abbreviated procedure when settling disputes at the Court is only applied when the prescribed conditions are met.

However, the Law on Protection of Consumers’ Interests 2023 supplements regulations allowing civil cases on protecting the interests of consumers with a transaction value of less than VND 100 million to be resolved according to the abbreviated procedure without having to meet the conditions specified in Clause 1, Article 317 of the Civil Procedure Code 2015.

The above regulations are suitable to the characteristics of consumers' cases, meeting practical requirements and experience trends in many countries in the region and around the world.

The above are notable new points of the Law on Protection of Consumers’ Interests 2023. According to our assessment, the Law on Protection of Consumers’ Interests 2023 has partly met and adjusted the problems and requirements arising in practice. For enterprises engaged in selling goods and providing services in the market, we recommend that it is necessary to learn and take measures to develop and adjust production and business acts and documents clearly showing issues related to consumer protection responsibilities in accordance with this Law.

Currently, many contents of the Law on Protection of Consumers’ Interests 2023 only stop at the framework and principled regulations, to implement the new regulations into life, there is still a need for more detailed and clarifying guiding regulations. We will continue to update you on new laws governing this act.

The Law on Environmental Protection 2023 takes effect from July 1, 2024.

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