Consumer Rights in Vietnam: How to Complain and Get Help

Consumer rights in Vietnam are set out in the Law on Protection of Consumers' Rights, which has been in force since July 1, 2011. If a purchase goes wrong, you can ask the seller to fix it, ask a third party to mediate, or take the dispute to arbitration or court. Start with the seller and keep every piece of paper.

What the law gives you

The law lists what every buyer can expect. You have the right to safe goods and services. You have the right to accurate and full information about what you buy and who sells it. You can choose freely between products and sellers. You can claim damages when a product does not meet the required standards. You can also complain to the seller or file a lawsuit.

Sellers have duties too. They may not run false or misleading advertisements, and they may not hide information about their goods, services or contract terms. A seller who breaks these rules can face administrative penalties and may have to pay damages.

Sources: Law on Protection of Consumers' Rights, No. 59/2010/QH12, National Assembly, passed November 17, 2010, Articles 8, 10, 11 and 50 (English text at english.luatvietnam.vn).

Step one: collect your evidence

Before you complain, gather proof. Keep the receipt or invoice. Keep the warranty card, the box and any leaflet. Take clear photos of the fault. Save advertisements, messages and the name of the staff member who helped you.

This step matters more than most buyers think. In 2008 the Vietnam Standards and Consumers Association said it cannot pursue a case without evidence. It also said many people fail to bring even the simplest proof, such as a receipt.

Sources: Thanh Nien Daily, November 24, 2008, "Evidence first defense against unfair firms: consumer group" (reposted by CUTS International).

Step two: ask the seller to negotiate

Go to the seller first. Under Article 31 of the law, you may send a written request to negotiate. The seller must then hold talks with you within 7 working days of receiving the request. Write down your problem and what you want, such as a repair, a replacement or a refund. Keep a copy.

If you reach a deal, get it in writing. The law says the result of a negotiation should be recorded, unless both sides agree otherwise.

Check your warranty too. Warranty terms follow what the parties agreed or what the law requires. A seller must give you a warranty card, and if repeated repairs fail, you can ask for a refund or a replacement item.

Sources: Law No. 59/2010/QH12, Articles 21, 31 and 32.

Step three: use mediation

If talks fail, you and the seller may agree on a third party to mediate. This can be a person or a mediation organization. The law says mediation must be fair, honest, in good faith and free of pressure or deception. What is said in mediation stays confidential unless both sides agree or the law requires otherwise.

Mediation only works when both sides take part. You cannot force it. Negotiation and mediation also do not apply to disputes that harm the state, the public, or the interests of many consumers.

Sources: Law No. 59/2010/QH12, Articles 30, 33 and 34.

Step four: arbitration or court

Under the law, a dispute can be settled by negotiation, mediation, arbitration or court. If the first two do not work, you may go to court. Read your contract before you sign it. If it has an arbitration clause, the seller must tell you about it first. When the clause sits in a standard-form contract, an individual buyer may choose another way to settle the dispute when it arises.

Court cases take time and money, so weigh the size of your loss before you start.

Sources: Law No. 59/2010/QH12, Articles 30 and 38.

Where to get help

You do not have to act alone. The law lets social organizations that protect consumers give guidance, support and advice when you ask. They can also represent consumers in lawsuits or bring suits in the public interest. In Vietnam, the Vietnam Standards and Consumers Association is one such body. It reported receiving about 1,000 official complaints in 2007 and settling 70 to 80 percent of them out of court.

Whatever route you take, stay calm and polite, put requests in writing, and note the date of every contact. A clear paper trail is the strongest tool a buyer has.

Sources: Law No. 59/2010/QH12, Articles 8 and 28; Thanh Nien Daily, November 24, 2008 (via CUTS International).

Sources

• Law on Protection of Consumers' Rights, No. 59/2010/QH12: https://english.luatvietnam.vn/law-no-59-2010-qh12-dated-november-30-2010-of-the-national-assemble-on-protection-of-consumer-rights-57542-Doc1.html
• Thanh Nien Daily, November 24, 2008: https://cuts-international.org/evidence-first-defense-against-unfair-firms-consumer-group/