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Ministry moves to tighten rules to protect online shoppers
The draft circular seeks to strengthen consumer protection in cyberspace by tightening oversight of major digital platforms, standardising procedures for recalling defective goods and improving transparency in consumer contracts.
Major digital platforms would be required to disclose the factors used to determine the order in which products, goods and services are displayed, as well as identify paid or sponsored content__Photo: VNA

The Ministry of Industry and Trade is seeking public comments on a draft circular detailing the implementation of the Law on Protection of Consumer Rights, with proposed rules aimed at addressing emerging challenges as more commercial activities move online.

Comprising 26 articles arranged in five chapters, the draft covers issues directly affecting consumers, including standard-form contracts, general trading conditions, recall of defective products, distance transactions and the responsibilities of major digital platforms.

Clearer obligations for major digital platforms

Under the draft, a major digital platform would be defined as one that facilitates e-transactions and conducts business activities in cyberspace with at least three million active user accounts annually in Viet Nam, or one classified as a large or very large intermediary digital platform under the law on e-transactions.

Such platforms would be required to disclose the factors used to determine the order in which products, goods and services are displayed, as well as identify paid or sponsored content.

They would also have to maintain an online reporting account and provide relevant information and data at the request of competent state authorities. The information requested could cover advertising repositories, the use of algorithms and artificial intelligence, targeted advertising, content moderation, seller verification, the handling of consumer feedback and complaints, and activities conducted by foreign business organisations and individuals. Platforms would have five working days from receipt of a request to provide the required information and data online, and would be responsible for ensuring their accuracy and integrity.

The proposed requirements are intended to strengthen the accountability of platforms with large user bases, particularly as consumers increasingly rely not only on sellers but also on the way platforms rank products, display advertising, verify sellers and deal with complaints.

The draft also introduces new requirements for off-premises sales. Individual traders would have to notify the commune-level People’s Committee at least three working days before carrying out such activities, allowing local authorities to supervise them and make relevant information available to residents.

Tighter rules on defective goods

Businesses would face stricter obligations when defective goods are detected.

Under the draft, business organisations would be required to stop supplying defective products within 24 hours of detecting a defect or receiving a request from a competent authority.

A public recall announcement would have to be made within three working days for group-A products and goods that are likely to harm consumers’ life and health; or five days for group-B products and goods that are likely to cause harms to consumers’ property.

Businesses would also have to submit a recall plan before starting the recall and file an overall report within five days after completing remedial measures.

The proposed procedures aim to ensure that defective or potentially hazardous products are removed from the market promptly and that recalls can be properly monitored.

State management agencies would be responsible for monitoring and inspecting recall activities. They could also require businesses to revise the classification of defective products and goods or change the measures adopted for their recall.

Greater transparency in distance transactions

For distance transactions, businesses would be required to publicise their procedures for exchange and return of products, goods and services, as well as procedures for receiving and resolving consumer feedback, requests and complaints.

The information disclosed would have to specify applicable time limits, procedural steps, contact methods, cases eligible for priority handling and documents that consumers are required to provide.

The draft also proposes stricter requirements for standard-form contracts and general trading conditions, including rules on clarity, language, font size and background colour.

In addition, the draft standardises application dossiers for the registration of standard-form contracts and allows businesses to submit them online to provincial-level management authorities.- (VLLF)

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