Today, the Vietnam Ministry of Industry and Trade ("MOIT") has released the draft Law on Protection of Consumer’s Rights ("LPCR") for public comments and consultation. The deadline for the MOIT to receive comment submission will fall on 10 March 2022.
The draft LPCR will potentially impact on various stakeholders (including tech giants providing services to Vietnam).
The draft LPCR (comprising of 80 articles and 07 chapters) is expected to supersede the existing LPCR (comprising only 51 articles and 06 chapters).
The draft LPCR is aimed at addressing shortcomings and inconsistencies in the existing LPCR, such as handling consumers' complaints, data privacy, product recalls, standardized contracts, etc.
Here is an epitome of the draft LPCR with the most relevant new regulations for ease of reference:
- Article 6: Protection of "vulnerable consumers" (elders, children, people with disabilities);
- Articles 7 - 12: New regulations concerning protection and use of consumers' personal information;
- Articles 31 and 32: New requirement on recall of defective products;
- Chapter III (Articles 36 - 46): New regulations addressing new different trading forms, e.g., distant trading, continuous provision of services, home sales, etc.; and
- Chapter V (Articles 52 - 74): Dispute resolutions between consumers and traders.
Among other things, Articles 7 -12 touch base the most important issue concerning the protection and use of consumers' personal information. This has reflected how the data privacy is recognized under an important legislative document along side with other relevant draft laws.
Among other things, Articles 7 -12 touch base the most important issue concerning the protection and use of consumers' personal information. This has reflected how the data privacy is recognized under an important legislative document.