In details

Highlighted below are several key provisions of the Consumer Decree for your quick reference:

• Consumer-Facing Formality Requirements: The Consumer Decree re-stipulates the local language requirement similar to the 2023 Consumer Law and specifies additional visual standards for consumer contracts, standard-form contracts, and general trading conditions.
• Responsibilities of Traders in Remote Transactions: The Consumer Decree clarifies the obligations of traders in remote transactions, particularly regarding the provision of information on procedures for: (i) exchanging and returning products, goods and services; and (ii) processing consumer feedback, requests and complaints.
• Definition and Responsibilities of Large Digital Platforms:
  • Large digital platforms are characterized as those facilitating electronic transactions, established and operated for business activities in cyberspace, and meeting either of the following criteria:
    • Possession of a minimum of three (3) million active user accounts annually in Vietnam, in accordance with electronic transactions laws. It is incumbent upon traders to ascertain the count of active user accounts on their respective digital platforms.
    • Classification as large or very large intermediary digital platforms under electronic transactions laws
  • The responsibilities of large digital platforms are classified into two categories: (i) disclosure of the criteria for prioritizing the display of products, goods and services if the platform features a search function (the paid and sponsored nature of the displayed content must also be transparent in the search results); and (ii) establishment of an online reporting account and submission of reporting data (regarding, for example, targeted advertisings storage, content moderation, receipt and handling of consumer complaints) electronically to the designated state agency's portal within five (5) working days following a reporting request.
• Definition of Influencers: The Consumer Decree employs a qualitative approach, as outlined in the Consumer Law, to define "influencers" (e.g., experts, notable individuals, or those garnering social attention in specific fields, industries and professions), supplemented by illustrative examples for enhanced clarity.
• Identification of defective goods/products: The Consumer Decree specifies different sources for identifying defective goods/products, such as notices and warnings from competent authorities and international organizations, court judgments, and defective product recall decisions of the competent authorities. Traders are responsible for correctly identifying defective products/goods for the recalling programs.

In conclusion

The Consumer Decree represents a milestone in Vietnam's ongoing efforts to strengthen consumer protection and promote a fair and transparent marketplace. It reflects an initiative-taking approach by regulatory authorities to address the evolving dynamics of modern commerce, where remote transactions, digital platforms and influencer marketing play increasingly prominent roles.