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VIETNAM'S CONSUMER PROTECTION LAW (CPL) WILL SOON UNDERGO SOME CHANGES

posted 11 months ago

During the 5th session of the National Assembly in May 2023, the latest draft of the CPL was discussed and reviewed. This article will provide some key highlights of the new CPL.

1. Subject of application

The new CPL expands the scope of application by including new subjects such as the Vietnamese Fatherland Front, socio-political organizations, and social organizations that participate in protecting consumers’ interests. It also clarifies that agencies, organizations, and individuals involved in consumer rights protection can be both domestic and offshore entities.

2. Product recall

According to the new CPL, when a trader identifies that its goods are defective, it is obligated to initiate a recall. The definition includes three categories:
+ A: Defective goods capable of causing damage to the health and life of consumers.
+ B: Defective goods capable of causing damage to consumers’ property.
+ C: Defective goods capable of causing damage to the health, life, and property of consumers, and therefore subject to the regulations applicable to Group A.
And other notable provisions that businesses should also take note of several other new provisions outlined in the CPL.

3. Other notable provisions

Apart from the aforementioned essential regulations, businesses should also take note of several other new provisions outlined in the CPL.

The CPL introduces additional regulations that specifically apply to certain transactions, such as regulations governing transactions conducted in cyberspace and further regulations concerning direct sales. These direct sales regulations cover door-to-door sales, multi-level marketing, and sales at non-regular locations.

Regarding the resolution of disputes between consumers and traders, it includes new regulations regarding:

+ Allowing parties to choose between direct or online dispute resolution methods, as required by law.

+ Clarifying the responsibilities of relevant parties in providing information during the dispute settlement process.

+ Highlighting the obligation of state management agencies and social organizations involved in consumer rights protection to keep provided information and documents confidential as mandated by law.

+ Establishing the order and procedures for mediation in compliance with the laws on commercial mediation.

+ People can settle civil cases related to the protection of consumer rights through summary procedures prescribed in the Civil Procedure Code, if they meet the conditions stipulated in Article 317.1 of the Civil Procedure Code or specific conditions.

Furthermore, the CPL provides a definition for “influential people” and outlines their responsibilities when introducing goods and products to consumers.

4. Conclusion

In conclusion, Vietnam’s Consumer Protection Law is on the verge of significant changes with the introduction of the new Consumer Protection Law. These proposed amendments aim to enhance consumer rights and provide clearer guidance for traders in ensuring the safety and quality of goods and services. The CPL introduces provisions on recall procedures, the protection of consumer information, dispute resolution methods, and the responsibilities of various parties involved.

For the full detail of this post, please reference on this link: http://hmlf.vn/vietnams-consumer-protection-law-cpl-will-soon-undergo-some-changes/

Harley Miller Law Firm “HMLF”
Head office: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.
Phone number: +84 937215585
Website: hmlf.vn
Email: [email protected] 

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