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Handling consumer requests

18/01/2021 -

Dispute resolution methods

The Law on Protection of Consumer Rights provides for the settlement of disputes between consumers and organizations [and/or] individuals trading in goods and services, specifically:

Disputes arising between consumers and organizations [and/or] individuals trading in goods and services shall be resolved through:

a) Negotiation;

b) Mediation;

c) Arbitration;

d) Court.

2. No negotiation or mediation is allowed in cases where the dispute causes damage to the interests of the State, the interests of many consumers, or the public interests.

NEGOTIATION

- Consumers have the right to send requests to organizations [and/or] individuals trading in goods and services for negotiation when they think that their legitimate rights and interests have been infringed.

- Organizations [and/or] individuals trading in goods and services shall receive and negotiate with consumers within 07 working days from the date of receipt of the request.

MEDIATION

- Organizations [and/or] individuals trading in goods and services and consumers have the right to agree to choose a third party that is an individual or a mediation organization to perform the mediation.

- Organizations and individuals that fully meet the conditions prescribed by the Government may establish a mediation organization to settle disputes between consumers and organizations [and/or] individuals trading in goods and services.

The minutes of mediation must bear the signatures of the parties participating in the mediation, the signatures of the organization or individual conducting the mediation, and must contain the following main contents:

a) Organizations and individuals conducting mediation;

b) The parties to the mediation;

c) Contents of the mediation;

d) Time and place of mediation;

d) Opinions of the parties to the mediation;

e) The result of mediation;

g) Time limit for implementation of successful mediation results.

- The parties are responsible for implementing the successful mediation results within the time limit agreed in the minutes of mediation; In case one party does not voluntarily perform, the other party has the right to initiate a lawsuit to the Court to request settlement according to the provisions of law.

ARBITRATION

- Effect of arbitration clause:

Organizations [and/or] individuals trading goods and services must notify about the arbitration clause before entering into a contract and be approved by consumers. Where the arbitration clause is included in the standardized contracts or general trading conditions by an organization [and/or] individual trading in goods and services, when a dispute occurs, the individual consumer has the right to choose another method of dispute resolution.

- Order and procedures for dispute settlement at arbitration:

The order and procedures for dispute settlement at arbitration shall comply with the provisions of the law on commercial arbitration.

- The burden of proof in dispute settlement at arbitration shall comply with the provisions of Article 42 of this Law.

DISPUTE SETTLEMENT IN COURT

- A civil case on protection of consumers' interests shall be settled according to simple procedures prescribed in the civil procedure law when the following conditions are fully satisfied:

a) Individuals who are consumers initiate lawsuits; organizations [and/or] individuals directly providing goods and services to consumers being sued;

b) The case is simple, the evidence is clear;

c) Transaction value is less than 100 million VND.

- Consumers are obliged to provide evidences and proofs in civil cases to protect their legitimate rights and interests in accordance with the civil procedure law, except for proving the fault of the organization [and/or] individuals trading goods and services.

- Organizations [and/or] individuals trading in goods and services are obliged to prove that they are not at fault for causing damage.

- The court decides the party at fault in the civil case on protecting the interests of consumers.

- Court fees and charges for civil cases on protection of consumers' interests shall comply with the law on court costs and fees.

- Consumers who initiate civil lawsuits to protect their legitimate rights and interests are not required to pay court fee advances or court fee advances.

Instructions for submitting requests or reports from consumers

When a dispute arises, consumers can submit a request for consumer protection, or report it to the following agencies and organizations for assistance in resolving:

1) For disputes arising within a province (consumers and businesses are currently in the same province):

a) Departments of Industry and Trade of those provinces (file attached list)

b) Consumer Protection Associations of those provinces (attached file list)

2) For disputes where the subjects of the transaction are located in different provinces or geographical areas, or with other disputes:

- Viet Nam Competition and Consumer Protection Authority (VCCA), Ministry of Industry and Trade

- How to submit a complaint to the Viet Nam Competition and Consumer Protection Authority (VCCA):

i) By post, at the address:

Viet Nam Competition and Consumer Protection Authority (VCCA), Ministry of Industry and Trade Address: 25 Ngo Quyen, Hoan Kiem, Hanoi Tel: 024.222.05022 - Fax: 024.222.05003

ii) By email: khieunai@bvntd.gov.vn

iii) Online: here

Call center for advice and support for consumers: 1800.6838

Source:

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