(English – Tiếng Anh)

DECREE 55/2024/ND-CP

May 16 , 2024

Detailing a number of articles of the Law on Protection of Consumer Rights

Pursuant to the Law on Organization of the Government dated June 19, 2015 and the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Protection of Consumer Rights dated June 20, 2023;

At the request of the Minister of Industry and Trade;

The Government promulgates the Decree detailing a number of articles of the Law on Protection of Consumer Rights.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree stipulates in detail Clause 9, Article 3; Clause 2, Article 9; Clause 2, Article 13; Clause 5, Article 23; Clause 5, Article 28; Clause 3, Article 32; Clause 5, Article 33; Clause 4, Article 37; Clause 5, Article 39; Clause 3, Article 40; Clause 3, Article 45; Clause 3, Article 47 and Clause 2, Article 73 of the Law on Protection of Consumer Rights.

Article 2. Term interpretation

In this Decree, the terms below are construed as follows:

1. Influencer means an expert, a reputable person or a person capable of drawing social attention in specific fields, industries and occupations who is sponsored by business organizations or individuals in any form to use his/her image, advice, or recommendations to promote commerce or encourage consumers to buy or use products, goods, or services, falling into one of the following cases:

a) People with qualifications, expertise, and experience in specific fields, industries and occupations, recognized by competent agencies and organizations;

b) Prominent people with many merits, contributions, and prestige in society, specific fields, industries and occupations, recognized by competent agencies and organizations;

c) People capable of drawing social attention, who have a significant number of people interested and followed in the media or own accounts that are eligible to participate in advertising and business programs on digital platforms.

2. Large digital platforms specified in Clause 4, Article 39 of the Law on Protection of Consumer Rights mean digital platforms for electronic transactions that are established and operated to serve business activities in cyberspace and meet one of the following criteria:

a) Having at least 3,000,000 user accounts operating annually in Vietnam in accordance with the law on electronic transactions. Business organizations and individuals shall take responsibility for determining the number of active user accounts on the digital platform they establish and operate;

b) Being a large-scale or very large-scale intermediary digital platform that serves electronic transactions in accordance with the law on electronic transactions.

Chapter II. ORGANIZATION OF ACTIVITIES ON THE OCCASION OF THE VIETNAMESE CONSUMER RIGHTS DAY

Article 3. Organization and implementation of activities on the occasion of Vietnam Consumer Right Day

1. The Vietnam Consumer Rights Day is organized annually with the following objectives:

a) To affirm the role, position, and importance of consumer rights protection in the stable and sustainable development of society and the country;

b) To propagate, educate, and disseminate laws and policies on consumer rights protection;

c) To create a basis for mobilizing and concentrating resources, attention, support, and participation from the entire society in consumer rights protection;

d) To contribute to the establishment of a healthy consumption environment for both consumers and business organizations and individuals; to maintain stability and create motivation for development, innovation, and creativity for the national economy;

dd) To enhance responsibility, encourage cooperation and coordination between state management agencies, social organizations involved in consumer rights protection, and business organizations and individuals in implementing activities for the protection of consumer rights.

2. Activities on the occasion of Vietnam Consumer Right Day

a) Activities of propaganda, dissemination, education and training on the laws on protection of consumer rights and consumer skills to mobilize and focus the attention, response and participation of the entire society for the protection of consumer rights;

b) Public activities attracting the participation of a large number of consumers and relevant agencies, organizations and individuals;

c) Activities within the framework of national-level plans, projects, schemes, programs and activities on consumer rights protection issued by the Prime Minister;

d) Other activities on the occasion of Vietnam Consumer Right Day.

3. Plan for the organization of activities on the occasion of Vietnam Consumer Right Day

a) The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with relevant ministries and sectors, People’s Committees of provinces and centrally run cities, and relevant agencies, organizations, and individuals in, selecting a theme for initiating, developing a specific implementation plan, and guiding, directing, and organizing the annual Vietnam Consumer Rights Day to ensure practicality, efficiency, and economy;

b) The plan for the organization of activities on the occasion of Vietnam Consumer Right Day shall be carried out regularly and continuously throughout the year, with a particular focus on the last month of the year and the first three months of the year, peaking from March 1 to March 20 every year.

Chapter III. PROTECTION OF CONSUMER RIGHTS IN TRANSACTIONS WITH INDIVIDUALS ENGAGED IN INDEPENDENT AND REGULAR COMMERCIAL ACTIVITIES NOT SUBJECT TO BUSINESS REGISTRATION

Article 4. Responsibilities of individuals engaged in independent and regular commercial activities not subject to business registration within marketplaces and department stores

Individuals engaged in independent and regular commercial activities not subject to business registration within marketplaces and department stores shall, in addition to fulfilling the responsibilities specified in Clause 1, Article 9 of the Law on Consumer Rights Protection, fully comply with the responsibilities for protecting consumer rights as stipulated by the rules issued by the marketplace and department store management organizations in accordance with the law.

Article 5. Responsibilities of marketplace and department store management organizations

1. To issue rules under law which must cover basic contents on consumer right protection, including: responsibilities of consumers and sellers, persons in charge of receiving and resolving consumer complaints and requests, and measures for handling violations.

2. To mediate disputes between consumers and sellers within marketplaces and department stores when so requested.

3. To place, and maintain operation of, scales or measuring devices in marketplaces and department stores for consumers to check the quantity and quality of goods. The scales and measuring devices must be inspected and within the inspection period as prescribed by the law on measurement.

4. To regularly supervise the quality and quantity of goods, scales and measuring devices in marketplaces and department stores.

5. To set up, and publicly post up the number of, a telephone hotline for receiving and settling consumer requests suitable to the grade of marketplaces and department stores as classified under law.

6. To biannually report on, and coordinate with functional agencies in charge of trade, market control, food safety, and standards, measurement and quality in, the control of quality, quantity, origin and food safety of goods and services within the marketplaces and department store.

7. To report to competent agencies when detecting violations of the law on consumer rights protection and other related laws.

8. To handle violations under its approved rules according to the law.

Chapter IV. CONTRACTS WITH CONSUMERS, MODEL CONTRACTS AND GENERAL TRANSACTION CONDITIONS

Article 6. General requirements on contracts concluded with consumers, model contracts and general transaction conditions

Contracts concluded with consumers, model contracts and general transaction conditions must fully meet the following conditions:

1. The language used is Vietnamese. The parties may agree to use other languages ​​in accordance with Clause 2, Article 23 of the Law on Consumer Rights Protection.

2. In the case of a written contract, the minimum font size must be 12 in Times New Roman or equivalent size.

3. The text color and background color of the document must be contrasting.

4. The layout and design of the document must be clear and easy to follow.

5. The content must be clear, comprehensible, and comply with the regulations of the law on consumer rights protection.

Article 7. Responsibilities for registration of model contracts and general transaction conditions

1. Before using a model contract or general transaction conditions for a product, goods, or service on the List of products, goods and services subject to registration issued and amended by the Prime Minister to enter into agreements with consumers, a business organization or individual must register with the state management agency in charge of protection of consumer rights according to this Decree.

2. A model contract or general transaction condition may only be used to conclude or applied to consumers when the registration is completed under Clause 1, Article 12 of this Decree. In case the consumer pays before entering into a model contract, general transaction condition or makes a deposit, escrow, or takes other measures to ensure the implementation of other obligations related to the conclusion of the model contract or general transaction condition, a business organization or individual must complete the registration and publicize the model contract or general transaction condition so that the consumer knows about the content of these documents according to Clause 2, Article 12 of this Decree before making payment or taking measures mentioned above.

3. Before January 31 every year, business organizations and individuals with model contracts or general transaction conditions for products, goods or services on the List of products, goods, and services subject to registration issued and amended by the Prime Minister must submit a report on the registration status and application of model contracts or general transaction conditions to the competent registry, using Form No. 01 in the Appendix to this Decree.

Article 8. Dossiers and forms of registration of model contracts and general transaction conditions

1. A dossier for registration of a model contract or general transaction condition comprises:

a) A written request for registration of a model contract or general transaction condition, made according to Form No. 02 provided in the Appendix to this Decree;

b) The draft model contract or general transaction condition must be in Vietnamese.

2. The registration dossier may be submitted directly, by post, or online in the electronic environment, with one set of documents submitted to the state management agency in charge of protection of consumer rights as prescribed in Article 14 of this Decree.

Article 9. Receipt of dossiers

1. Business organizations and individuals submitting dossiers shall receive a receipt specifying the time of receipt of the dossier and the date when the results will be returned.

2. Within 05 working days from the date of receiving the dossier, the competent registry shall check the completeness and validity of the dossier. If the dossier is incomplete or invalid, the competent registry shall notify the business organization or individual in writing using Form No. 03 in the Appendix to this Decree for the business organization or individual to amend or supplement the dossier. If the dossier is complete and valid, the competent agency shall conduct the appraisal of the dossier as stipulated in Article 10 of this Decree.

Article 10. Appraisal of registration dossiers

1. Competent registries shall appraise the registration dossier within 30 days from the date of receipt of a valid dossier as stipulated in Article 9 of this Decree. This period may be extended for a maximum of 30 additional days in complex cases.  In case of extension, competent registries shall promptly notify business organizations or individuals of the extension period and reasons for the extension.

2. During the appraisal process, competent registries have the right to request explanations from business organizations or individuals regarding necessary issues related to the registration content.

Article 11. Appraisal scope of model contracts and general transaction conditions

A competent agency specified in Article 14 of this Decree shall appraise a model contract or general transaction conditions for the following contents:

1. Contents specified in Clause 1, 2 and 3, Article 23 of the Law on Protection of Consumer Rights.

2. Unauthorized contents under Article 25 of the Law on Protection of Consumer Rights.

3. Contents specified in Clause 2, Article 38 of the Law on Protection of Consumer Rights for model contracts in remote transactions.

4. Contents specified in Clause 2, Article 42 of the Law on Protection of Consumer Rights for model contracts on continuous service provision.

5. Contents specified in Article 6 of this Decree.

Article 12. Completion of registration

1. If the dossier of the business organization or individual fully complies with the provisions of Article 11 of this Decree, the competent registry shall issue a notification of completion of the registration for model contracts and general transaction conditions using Form No. 04 in the Appendix to this Decree. If the dossier of the business organization or individual fails to fully comply with the provisions of Article 11 of this Decree, the competent registry shall notify in writing the appraisal results of the dossier and clearly state the reasons for the incomplete registration using Form No. 05 in the Appendix to this Decree.

2. After completing registration procedures, information about the business organization or individual, registered model contracts and general transaction conditions shall be published and stored on the e-portal of the competent registry. Business organizations and individuals shall publicly announce the registration completion notifications and the registered model contracts and general transaction conditions by posting them in a visible location at the headquarters, business locations, and on e-portals or application software (if any) throughout the period during which the model contracts and general transaction conditions are applied.

Article 13. Re-registration of model contracts and general transaction conditions

1. A business organization or individual shall re-register its model contract or general transaction conditions when:

a) There is a change in law which results in a change in the contents of the model contract or general transaction conditions;

b) It changes the model contract or general transaction conditions;

c) All or part of the model contract or general transaction conditions are annulled or amended as specified in Clause 1, Article 15 of this Decree.

2. Business organizations or individuals shall re-register its model contract or general transaction conditions and publicly announce upon completing the re-registration, following the same provisions as the initial registration under this Decree.

Article 14. Competence to control of model contracts and general transaction conditions

1. The state management agency in charge of protection of consumer rights under the Ministry of Industry and Trade has the competence to control model contracts and general transaction conditions in cases where such contracts and conditions are applied across two or more provinces or centrally run cities.

2. The state management agency in charge of protection of consumer rights under the Provincial-level People’s Committee has the competence to control model contracts and general transaction conditions in cases where such contracts and conditions are applied within the province or centrally run city.

3. Model contracts and general transaction conditions to be controlled include both those applied to products, goods or services on the list of products, goods, and services subject to registration issued and amended by the Prime Minister, and those not subject to registration.

Article 15. Annulment and amendment of model contracts and general transaction conditions at the request of the state management agency in charge of protection of consumer rights

1. The state management agency in charge of protection of consumer rights, as authorized in Article 14 of this Decree, may, on its own initiative or at the request of consumers or social consumer protection organizations, request business organizations or individuals to annul or amend all or part of the model contracts or general transaction conditions at any time upon discovering that these model contracts or general transaction conditions violate the laws on consumer rights protection.

2. Business organizations or individuals shall cooperate with the state management agency in charge of protection of consumer rights in reporting, providing information, explaining and clarifying the contents of the model contracts or general transaction conditions when requested by the state management agency in charge of protection of consumer rights.

3. Business organizations or individuals must amend or annul the violating contents within 30 days from the date of receiving the request from the state management agency in charge of protection of consumer rights. In complex cases, this period may be extended for a maximum of 90 days as determined by the state management agency in charge of protection of consumer rights.

Within 05 working days after completing the amendment or annulment of the violating contents, business organizations or individuals must publicly announce the revised or annulled model contracts or general transaction conditions by posting them in a visible place at their headquarters and business locations and by publishing them on e-portals or application software (if any). They must also notify consumers who have entered into contracts to apply the new general transaction conditions and re-enter into model contracts if the consumers request.

Article 16. Coordination in control of model contracts and general transaction conditions

1. The Ministry of Industry and Trade and the Provincial-level People’s Committee shall coordinate in state management on control of model contracts and general transaction conditions according to the law on the protection of consumer rights. Before December 25 each year, the state management agency in charge of protection of consumer rights under the provincial-level People’s Committee shall submit a report on the control of model contracts and general transaction conditions in the province or centrally run city for the period from December 15 of the previous year to December 14 of the reporting period to the state management agency in charge of protection of consumer rights under the Ministry of Industry and Trade, using Form No. 06 in the Appendix to this Decree.

2. In case of necessity, the state management agency in charge of protection of consumer rights may consult with industry, field, and local management agencies on model contracts and general transaction conditions using Form No. 07 in the Appendix to this Decree. Within their duties and powers, industry, field and local management agencies shall cooperate with the state management agency in charge of protection of consumer rights in control of model contracts and general transaction conditions according to the law on consumer rights protection, and respond to consultation requests from the state management agency in charge of protection of consumer rights within 05 working days from the date of receiving the consultation request.

3. For unexpected requests to protect consumer rights, the state management agency in charge of protection of consumer rights under the Ministry of Industry and Trade may request industry, field, and local management agencies to provide a list of business organizations and individuals applying model contracts and general transaction conditions in transactions with consumers. Industry, field, and local management agencies shall timely and accurately provide the information at the request of the state management agency in charge of protection of consumer rights under the Ministry of Industry and Trade.

4. The forms of reporting and methods of sending and receiving reports specified in this Article shall comply with the law of the reporting regime of state administrative agencies.

Chapter V. RESPONSIBILITY FOR DEFECTIVE PRODUCTS AND GOODS

Article 17. Necessary measures to cease the supply of defective products and goods

1. Unless otherwise prescribed by law, within 24 hours from the time a defect in products or goods is discovered or upon receiving a request from competent state management agencies, business organizations and individuals must immediately take the necessary measures to cease the supply of such defective products or goods on the market.

2. Business organizations and individuals shall take responsibility before consumers and the law for delays in ceasing the supply of defective products or goods on the market.

Article 18. Responsibility to publicize and publicly announce the recall of defective products and goods

1. When detecting a group-A defective product or goods as specified at Point a, Clause 1 or Point c, Clause 1, Article 33 of the Law on Protection of Consumer Rights, within 03 working days from the time of discovering defective products or goods or receiving a recall request from a competent state management agency, business organizations and individuals must publicize and publicly announce the defective products and goods and the recall of such products or goods as specified at Points b and c, Clause 2, Article 33 of the Law on Protection of Consumer Rights.

2. When detecting a group-B defective product or goods as specified at Point b, Clause 1, Article 33 of the Law on Protection of Consumer Rights, within 05 working days from the time of discovering defective products or goods or receiving a recall request from a competent state management agency, business organizations and individuals must publicize the defective products and goods and the recall of such products or goods as specified at Points b, Clause 2, Article 33 of the Law on Protection of Consumer Rights.

3. In case the law provides other provisions on the time limit for carrying out public responsibilities, public announcement of defective products and goods and the recall of such products and goods specified in Clause 1 and Clause 2 of this Article, business organizations and individuals shall publicize and publicly announce defective products and goods and recall those products and goods within the time limit prescribed by other laws.

Article 19. Report to competent state agencies on recall of defective products and goods

1. Before recalling defective products and goods, business organizations and individuals shall report to the state management agency in charge of protection of consumer rights and related state management agencies, using Form No. 08 to this Decree.

2. Unless otherwise prescribed by law, within 05 working days from the conclusion of the recall of defective products and goods or from the date of receiving a reporting request from the state management agency in charge of protection of consumer rights and related state management agencies, business organizations and individuals must report the results of the recall to these agencies using Form No. 09 to this Decree.

3. In case the recall of defective products and goods is conducted within a single province or centrally run city, business organizations or individuals shall send a recall report to the state management agency in charge of protection of consumer rights under the provincial-level People’s Committee and the provincial-level specialized agency of the place where the recall is conducted.

In case the recall is conducted across two or more provinces or centrally run cities, business organizations and individuals must submit the recall report to the state management agency in charge of protection of consumer rights under the Ministry of Industry and Trade and the related central state management agencies for inspection and monitoring. Additionally, they must report to the provincial-level state management agency in charge of protection of consumer rights and the provincial-level specialized agencies of the place where the recall is conducted to coordinate in inspecting and monitoring the recall in the locality

Article 20. Sources of information and data to specifically identify groups of defective products and goods

1. The groups of defective products and goods under this Decree shall be determined in accordance with Clause 4, Article 3, and Clause 1, Article 33 of the Law on the Protection of Consumer Rights.

2. The groups of defective products and goods shall be determined based on one or several of the following grounds or sources of information and data:

a) Notifications or warnings from competent agencies of countries and territories;

b) Notifications or warnings from international organizations of which Vietnam is a member;

c) Court’s judgment or decision;

d) Information or warnings from specialized state management agencies;

dd) Valid decisions on the recall of defective products and goods issued by competent agencies;

e) Identification of defective products and goods of business organizations and individuals;

g) Other sources of information and data of which the authenticity or scientific basis may be proven authentic or scientifically substantiated by the state management agency in charge of protection of consumer rights and related state management agencies. 

3. Business organizations and individuals shall accurately determine specific groups of defective products and goods to implement recall programs as prescribed and be fully accountable for the determination of groups of defective products and goods as specified in Clauses 1 and 2 of this Article.

4. If there are grounds to believe that the determination of defective products and goods by business organizations or individuals is inappropriate, the state management agency in charge of protection of consumer rights and related state management agencies may request business organizations and individuals to adjust the determination accordingly to carry out the recall of defective products and goods in compliance with the re-determined group of defective products and goods and legal regulations.

Article 21. Responsibilities of state management agencies for inspecting and monitoring the recall of defective products and goods

1. The state management agency in charge of protection of consumer rights and related state management agencies shall take responsibility for receiving reports from business organizations and individuals, and inspecting and monitoring the recall of defective products and goods as specified in Articles 32 and 33 of the Law on the Protection of Consumer Rights.

2. The provincial-level state management agency in charge of protection of consumer rights and the provincial-level specialized agency where defective products or goods are recalled shall inspect and monitor the implementation of the recall to ensure the recall in compliance with the reported and notified contents and to safeguard the legitimate rights and interests of consumers, and to comply with the law.

3. In case the recall is conducted across two or more provinces or centrally run cities, the central state management agency in charge of protection of consumer rights and the related central state management agencies shall inspect and monitor the implementation of recall; at the same time, direct and coordinate with the provincial-level state management agency in charge of protection of consumer rights and the provincial-level specialized agency where the recall is conducted to jointly inspect and monitor the recall in the related localities.

4. In case of necessity, the state management agency in charge of protection of consumer rights and related state management agencies may request business organizations and individuals to adjust and supplement necessary measures in the recall program to protect consumer rights in accordance with law.

Chapter VI. RESPONSIBILITIES OF BUSINESS ORGANIZATIONS AND INDIVIDUALS TOWARD CONSUMERS IN SPECIAL TRANSACTIONS

Article 22. Responsibilities of business organizations and individuals in remote transactions

1. When providing information about the process for exchange or return of the product, goods or service, the information must include the following details:

a) Specific time limit allowing consumers to make exchanges or returns;

b) Steps and deadline for implementing each step in the process;

c) Contact information of the department in charge of handling consumer feedback or complaints about the implementation of this process.

2. When providing information about the process for receiving and handling consumer feedback, requests, or complaints, the information must include the following details:

a) Methods of receiving feedback, requests and complaints from consumers;

b) Steps and deadline for implementing each step in the process;

c) Cases that are prioritized for receiving and handling;

d) Guidelines on information and documents that need to be provided to serve the reception and resolution process (if any).

Article 23. Responsibilities of organizations establishing and operating large digital platforms

1. To publicly disclose the criteria for prioritizing the display of products, goods, and services if the digital platform has a search function. In case the displayed content is paid or sponsored content, it must be disclosed in the search results for products, goods, and services.

The development and announcement of the application of criteria to determine the priority of displaying products, goods and services when using the search function must comply with relevant legal regulations.

2. To maintain online reporting accounts and provide updated information and data when requested to report for inspection and examination by competent state management agencies as prescribed by law:

a) The establishment of an advertisement storage using algorithms to target specific consumers and consumer groups, including the following information: address where the storage is set up; storage scale; advertising content;

b) The content censorship, the use of algorithmic systems and advertising targeting specific consumer groups;

c) The use of algorithmic systems and advertising targeting specific vulnerable consumer groups as specified in Clause 1, Article 8 of the Law on the Protection of Consumer Rights; 

d) Implementation of regulations on handling unverified accounts, the use of artificial intelligence, and fully or partially automated solutions during the reporting period;

dd) Public announcing amendments and supplements to the regulations of the digital intermediary platform during the reporting period; defining the responsibilities of parties involved in managing and operating intermediary digital platform transactions;

e) The provision of information about business organizations and individuals operating on intermediary digital platforms when requested by consumers who are conducting transactions with such business organizations or individuals;

g) The removal of feedback and reviews about organizations and individuals trading in products, goods and services in cases where such feedback and reviews violate legal regulations or are contrary to social ethics; 

h) The reception and resolution of consumer feedback, requests, and complaints related to products, goods, services, and information content on intermediary digital platforms;

i) The display of the prioritization of evaluations, feedback, and recommendations from social organizations participating in consumer right protection or organizations that assess trustworthiness as specified by laws;

k) The transparency of advertising activities in cyberspace as required by law in cases where there are advertising;

l) The content and information censorship activities carried out at the request of competent state agencies;

m) The verification of the identity of organizations and individuals selling products, goods, and providing services on their intermediary digital platforms;

n) The permission and management of foreign business organizations and individuals selling and providing products, goods, and services to consumers within the territory of Vietnam;

o) The measures taken to address violations by parties participating in transactions on the platform according to the operational regulations; to overcome shortcomings according to consumer complaints; to implement conclusions and handle violations by competent state agencies.

3. Organizations establishing and operating large digital platforms shall take responsibility for providing the information and data specified in Clause 2 of this Article online to the e-portal of the state management agency in charge of protection of consumer rights under the Ministry of Industry and Trade within 5 working days from the date of the reporting request. They also have to take responsibility for the accuracy and integrity of the provided information and data and comply with laws on consumer rights protection of information and data.

Article 24. Publicizing and removing consumer warning information in cyberspace transactions

1. The list of organizations and individuals conducting business in cyberspace that violate the laws on consumer rights protection shall be publicly disclosed through mass media, posted at the headquarters, and published on the e-portals of ministries, ministerial-level agencies, and provincial-level People’s Committees.

2. Contents to be publicized includes:

The name and address of the organization or individual conducting business in cyberspace that violates the laws on consumer rights protection;

The act and location of the violation;

The issuing agency, number, date, month, and year of the decision on handling the violation of the law on consumer rights protection.

3. The duration for announcement of institutional or individual violations is 30 days from the date of announcement. At the end of the above time limit, the information posting agency shall stop or remove information about organizations and individuals conducting business in cyberspace that violate the law on consumer rights protection.

Article 25. Responsibilities of multi-level marketing organizations and individuals

1. Multi-level marketing organizations have the following responsibilities:

a) To comply with the regulations on signing written participation contracts for multi-level marketing and handing over these contracts to participants in accordance with the operating regulations;         

b) To comply with regulations on basic training for multi-level marketing participants according to the operating regulations within 30 days from the date of signing the contract to participate in multi-level marketing;

c) To comply with the responsibility to maintain the revenue ratio from selling goods to consumers who are not multi-level marketing participants according to the operating regulations, compensation plans and legal regulations.

Revenue specified in this Point is revenue sold by participants to consumers or revenue sold by multi-level marketing enterprises to consumers through the participant’s referral code;

d) To fulfill other responsibilities according to the law on management of business activities by multi-level marketing and other relevant laws.

2. Multi-level marketing individuals have the following responsibilities:

a) To retain multi-level marketing participation contracts according to operating regulations;

b) To participate in the basic training program as prescribed in the operating regulations within 30 days from the date of signing the contract to participate in multi-level marketing;

c) To carry out other responsibilities according to the law on management of business activities by multi-level marketing and other relevant laws.

Article 26. Notification of non-store retailing activities  

1. Business organizations and individuals in non-store retailing activities shall notify the commune-level People’s Committee where the sale of products, goods, or services is to be conducted by one of the following methods:

a) By post;

b) Directly at the headquarters of the commune-level People’s Committee;

c) Via email with a digital signature or a scanned copy of the notice signed and stamped by the business organization or individual to the email address announced by the commune-level People’s Committee;

d) Using the online public service system provided by the commune-level People’s Committee.

2. The notification dossier includes 01 notice of non-store retailing activities, made according to Form No. 10 provided in the Appendix to this Decree.

3. The notification dossier must be submitted to the commune-level People’s Committee at least 03 working days before carrying out the activity (based on the receiving date by the commune-level People’s Committee as recorded on the postal receipt or equivalent forms in case of sending by postal office, the date recorded in the receipt in case of direct submissions, the timestamp on the email system, or the receiving date recorded in the system, in case of submission via the online public service system).

 4. In case of amendments or supplements to activities that have been previously notified to the commune-level People’s Committee, the business organization or individual shall notify such amendments or supplements to the commune-level People’s Committee where the initial notification was made. The notification of amendments or supplements shall be made according to Form No. 11 provided in the Appendix to this Decree and comply with the provisions of this Article.

Article 27. Responsibilities of the commune-level People’s Committee in non-store retailing activities

1. To create favorable conditions for business organizations and individuals to sell products and goods and provide services in accordance with the announced content.

2. To retain notification dossiers for a minimum period of 2 years from the time of sales activities.

3. To fully publicize the notification content of business organizations and individuals in an appropriate manner to inform consumers in the area. The publicity shall be carried out before and during the implementation of sales and service provision activities of business organizations and individuals in the area.

Chapter VII. COMPENSATIONS FOR DAMAGE IN CIVIL CASES ON PROTECTION OF CONSUMER RIGHTS FOR PUBLIC INTERESTS INITIATED BY SOCIAL ORGANIZATIONS

Article 28. Compensations for damages in civil cases on protection of consumer rights for public interests initiated by social organizations

In case compensation beneficiaries are unidentifiable, compensations for damage in civil cases on protection of consumer rights for public interests initiated by social organizations shall be submitted to the state budget according to the following principles:

1. Compensations for damage in civil cases by social organizations participating in the protection of consumer rights that are operating in two or more provinces or centrally run cities shall be remitted to the central budget.

2. Compensations for damage in civil cases by social organizations participating in the protection of consumer rights that operate within a single province or centrally run city shall be remitted to the local budget.

Chapter VIII. IMPLEMENTATION PROVISIONS

Article 29. Effect

1. This Decree takes effect from July 1, 2024.

2. The Government’s Decree No. 99/2011/ND-CP of October 27, 2011, detailing and guiding a number of articles of the Law on Protection of Consumer Rights, ceases to be effective from the effective date of this Decree.

Article 30. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally run cities, and related agencies, organizations and individuals shall, within the ambit of functions and tasks, implement this Decree.

* All Appendices are not translated herein.