The Law on Protection of Consumer Rights has been in effect for more than 10 years. Many associations were formed to protect consumer protection. But the number of complaints lodged by consumers has risen.

The Ministry of Industry and Trade received around 300 consumer complaints a year in the period 2012-2015, and about 1,500 cases a year in 2016-2020. From 2011 to 2021, the Ministry supervised 171 cases on recalling hundreds of millions of automobile and vehicle products. machines, computers, phones, batteries, fans, cosmetics, and children's toys...

Meanwhile, dispute settlement methods between consumers and business organizations have not been adequately regulated. 

According to the National Assembly’s Committee for Science, Technology and Environment, common transaction conditions have content that violates the interests of consumers. Specifically, nearly 70% of the dossiers have content that is not in accordance with legal regulations on consumer protection.

The report said there was an emergence of business models in the form of digital platforms, digital economy and business models on the Internet. These models connect transaction participants with each other and perform value-creating interactions anytime, anywhere. 

Along with this, new forms of violations have appeared, such as stealing of personal data of users, trading and exchanging of personal data without the permission of consumers, selling of fake and counterfeit goods, and violation of intellectual property rights, as well as sales of goods of poor quality and banned products.

Many acts of infringing upon the interests of consumers have appeared but have not been added to the regulations on prohibited acts or obligations of related entities. 

A number of provisions in the current law are only suited for "traditional" transactions, without taking into account the business model with new elements. 

Changing the law 

The National Assembly's Committee on Science, Technology and Environment proposed the National Assembly to amend and supplement the Law on Consumer Management and Protection and related laws, including the Law on Electronic Transactions, the Price Law.

At the latest National Assembly session, the Government submitted the draft Law on Protection of Consumer Rights (amended).

According to the Government, economic, social, scientific and technological developments as well as the Covid-19 pandemic have promoted the development of many new forms of business, especially e-transactions, cross-border transactions, and shared services on digital technology platforms. 

The Law on Protection of Consumer Rights has revealed inadequacies, as some regulations are no longer consistent with reality. There are many provisions related to the scope and subjects of regulation, transactions between business organizations and individuals and consumers, and transactions involving many parties.

According to the National Assembly’s Science, Technology and Environment Committee, the 4th Industrial Revolution covers all fields and all aspects of social life with strong development of the digital economy and e-commerce. Many new business and consumption methods have appeared. A new approach on consumer management protection in Vietnam is needed.

Luong Bang