Economic integration and the strong development of e-commerce, the protection of consumer rights is becoming increasingly important. In Vietnam, the Law on Protection of Consumer Rights 2023 (Law on Environmental Protection) and Decree No. 55/2024/ND-CP dated May 16, 2024, issued by the Government, set out specific regulations and requirements that businesses must strictly comply with to ensure the rights of consumers. This article will analyze in detail the responsibilities of businesses in accordance with the law, and emphasize the importance of complying with these regulations in building credibility and sustainable development.
1. General responsibilities of enterprises
1.1 Protection of Consumer Information
One of the most important responsibilities of businesses is to protect the personal information of consumers. According to the Law on Environmental Protection, businesses must ensure the safety and security of customers' information, especially in the context of increasingly popular online transactions. Responsibilities and requirements of enterprises in protecting consumer information:
In case of authorization or hiring of a third party
If the enterprise authorizes or hires a third party to collect, store, use, edit, update or cancel the information of the consumer, a clear written agreement is required. This document must stipulate the scope and responsibilities of each party in accordance with law.
Develop and publicize information protection rules
Businesses need to establish general and publicly applicable information protection rules at business locations, websites, or applications. This rule must be updated periodically and clearly communicated to the consumer.
Must receive the consent of the NT
Before collecting or using information, the enterprise must notify the purpose, scope, and time of storage and obtain the consent of the consumer. In case of changing the purpose of use, the enterprise needs to notify and ask for consent.
Develop the necessary security measures
Enterprises must apply measures to prevent unauthorized theft, access, use or modification of information. If an incident of information insecurity occurs, businesses need to have a solution to handle and notify the consumer.
Receive feedback from consumers quickly
Enterprises must have a mechanism for receiving and settling complaints related to the misuse or unauthorized use of information quickly and promptly for consumers.
1.2 Protecting the interests of vulnerable consumers
Vulnerable NTDs, such as children, the elderly, people with disabilities, or groups with language and cultural barriers, need special protection. For these subjects, enterprises must (1) Ensure the rights of these groups in the process of buying and selling goods and services; (2) Not refusing to settle requests for protection of rights due to differences in language and customs; (3) Develop appropriate processes and measures to support complaints and dispute resolution; (4) Publicize policies to protect and train employees on these contents.
1.3 Execution of contracts, contract according to the form, general transaction conditions
Contracts are one of the important tools to ensure the interests of consumers. For this requirement, enterprises need to comply with the following:
Firstly, information about the contract must be notified to the taxpayer in advance
The union needs to provide accurate and complete information about the contract according to the form and general transaction conditions before entering into a contract with the taxpayer.
Second, the language and presentation of the contract
The contract must be in Vietnamese, have a minimum font size of 12 according to Times New Roman font or similar sizes of other fonts, contrast text colors and backgrounds, clear and easy-to-understand layout.
Thirdly, the content of the contract
The model contract must include the basic contents under Article 23 of the Law on Environmental Protection and does not contain provisions prohibited under Article 25 of this Law.
Fourth, the enterprise must keep and provide a copy to the taxpayer
The enterprise must keep the contract until it expires and provide a copy within 7 days if the taxpayer has a request for this.
Fifth, the enterprise must register and publicize the contract
The contract according to the form and general transaction conditions must be posted at the enterprise's business location such as its head office, branch, representative office, and business location. In addition, general contracts and transaction conditions are also required to be posted on the company's website. But before that, contracts according to the form and general transaction conditions enterprises must register with state agencies according to Article 28 of the Law on Environmental Protection.
1.4 Providing information to consumers
The provision of complete and accurate information is a key factor to build the trust of consumers. Therefore, according to the requirements of the law on environmental protection, enterprises are forced to (i) Warn about products, goods and services that are at risk of causing unsafety; (ii) Providing information on components, functions, manuals and availability of spare parts; (iii) Transparency about sponsoring influencers to promote products; (iv) Create conditions for the taxpayer to access, store, download or print invoices and documents in online transactions.
1.5 Receiving and resolving consumer complaints
According to the requirements of law, enterprises must establish a system for receiving and settling complaints and complaints of taxpayers, including the following procedures:
- Notify the taxpayer of the receipt of the complaint request within 3 working days.
- Develop and publicize the complaint settlement process.
- Negotiate with the taxpayer within 7 working days and notify the result to the state management agency.
- Provide complete complaint information and settlement of complaints when requested by competent state agencies or social organizations.
2. Specific responsibilities of enterprises
2.1 Warranty Operation
Warranty is an important responsibility to ensure the quality of products and goods. Therefore, for warranty activities, enterprises must:
- Publicize the warranty policy, including the duration, scope, method of implementation and exclusion of liability.
- Provide a written warranty receipt with a specific time.
- Implement the warranty period on time, provide temporary replacement products if necessary.
- Bear the cost of repair and transportation during the warranty period.
- Renewal or refund if the defect cannot be corrected after 3 times of warranty.
2.2 When products and goods have defects
When detecting defective products and goods, businesses must immediately stop supplying and recall products. At the same time, publicly notify the revocation in accordance with law and report to the state management agency before and after the revocation. These are necessary jobs when any product or goods has defects in the process of being circulated in the market.
2.3 Remote Trading
Nowadays, remote trading to buy goods is gradually becoming very popular. For remote transactions, enterprises must provide full information according to Article 37 of the Law on Environmental Protection and Environment Management and Article 22 of Decree 55/2024/ND-CP. In addition, businesses must also ensure that the content of the contract complies with regulations and take measures to protect the interests of consumers in remote transactions.
2.4 Ongoing Service Provision
Continuous service provision means the provision of services with a term of 03 months or more or an indefinite term. In case of providing continuous services, enterprises need to comply with the requirement to have a legal representative or authorized in Vietnam and publicize the contact information of this representative. In addition, service providers are constantly forced to sign a written contract with the prescribed content and provide a copy to the taxpayer.
2.5 Organizing the establishment and operation of intermediate digital platforms and large digital platforms
Digital platforms, especially intermediate platforms and large digital platforms, where a large number of customers are concentrated, providing a variety of services and products are forced to have special responsibilities in protecting consumers such as:
- Announcing the operation regulations, clearly delineating the responsibilities of the parties.
- Authenticate the identity of business organizations and individuals on the platform.
- Fully display information on products, goods, and services and allow consumers to evaluate and give feedback.
- Establish a focal point for receiving and resolving complaints.
- Transparency of ads and prioritization of the display of reviews from social organizations.
- For large digital platforms, it is necessary to publicize the criteria for searching, storing ads and periodically evaluating content moderation activities.
We believe that these are extremely legitimate requirements to protect the interests of consumers of the management agency. Because for intermediate digital platforms and digital platforms, their operational influence is very far-reaching to the market and consumers. Therefore, the introduction of special and somewhat stricter requirements for other businesses is in line with the position and role of these businesses.
It is necessary to amend the Law on Food Safety. Source: Government News
3. The importance of complying with the law
Compliance with the law on environmental protection is not only a legal obligation but also brings many benefits to businesses from building reputation, reducing risks to helping businesses develop sustainably.
Firstly, it helps businesses build credibility with consumers and society
Businesses that comply with the law will create trust from consumers, thereby improving their brand and competitiveness. Not only complying with the law helps businesses "score" in the eyes of consumers, but also helps businesses build their reputation in society. This is a significant advantage in today's fiercely competitive business environment.
Second, helping businesses reduce legal risks
Compliance with the law on environmental protection is an optimal method to help businesses avoid disputes, complaints or sanctions from state agencies in the process of providing goods and services to consumers. Moreover, avoiding lawsuits and sanctions is also a way to improve the reputation of the business as well as the brand of the business in the market.
Third, helping businesses develop sustainably
The protection of NTD's interests helps businesses build long-term relationships with customers, build a solid business core "all for customers and for customers", the most important people who help businesses survive and develop throughout the business process. Therefore, compliance with the law on environmental protection contributes to the sustainable development of businesses in the face of turbulence and changes in the market.
The Law on Environmental Protection 2023 and Decree 55/2024/ND-CP have set high standards for businesses to protect the interests of consumers. From protecting personal information, providing transparent information, to handling complaints and ensuring the quality of products and services, businesses need to build a strict management system and strictly comply with it. The good implementation of these responsibilities not only helps businesses meet legal requirements but also creates a foundation for sustainable development in the context of an increasingly competitive market.
