Vietnam consumer complaint: how to file and where to go

A Vietnam consumer complaint should start with the seller, in writing, and move up only if that fails. The Law on Protection of Consumers' Rights lists four ways to settle a dispute: negotiation, mediation, arbitration and court. Most buyers never need the last two.

Gather proof first

Before you write to anyone, collect what shows what happened. Keep the receipt or invoice, the warranty card, the order screen and any chat messages. Photograph the fault. Note the date, the shop name and the staff member you spoke with.

Proof is where many buyers fall short. A 2016 survey covered 3,000 consumers in 12 provinces and cities. At the conference that discussed it, a trade institute researcher told Viet Nam News that most Vietnamese consumers do not take invoices or bills from sellers. The law itself says a buyer is entitled to invoices and documents for a purchase, so ask for them at the counter.

Sources: Law No. 59/2010/QH12, Article 8 (English text, english.luatvietnam.vn); Viet Nam News, "Most consumers wary about making complaints", September 10, 2016.

Step one: write to the seller

The law lets you send the trader a written request to negotiate. The trader must receive it and sit down with you within 7 working days. Say what went wrong and what you want, whether that is a repair, a swap or your money back. Keep a copy and a record of when it was sent.

If you agree on a fix, put the outcome on paper. The law says a successful negotiation should be recorded in writing unless both sides choose otherwise. A signed note stops later arguments about what was promised.

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

Step two: ask a mediator to help

When talks stall, you and the trader can pick a third party to mediate. That can be one person or a mediation organization. Both sides must agree. Nobody can be forced into it.

A mediator is expected to be fair, honest and free of pressure. What is said in the room stays private unless both sides agree otherwise. The mediator writes a record that names the parties, the result and a deadline to carry it out, and everyone signs it. If one side ignores the deal, the other may take the next step. Note that negotiation and mediation do not cover disputes that harm many consumers or the public.

Sources: Law No. 59/2010/QH12, Articles 30, 33, 34, 36 and 37.

Step three: use an agency or a consumer group

You do not have to act alone. A district-level state office for consumer protection can take a complaint in the area where the sale took place. It may ask both sides for explanations and evidence, then issue a written reply. If it finds a breach, the reply sets out the fix and the deadline.

The law also lets registered social organizations help consumers. They can give guidance and advice when asked, and they can act for a buyer in a lawsuit. In Vietnam, one well known body of this kind is the Viet Nam Standards and Consumers' Association, called VINASTAS, which is online at vinastas.org.vn. Ask any group what it can do before you send papers, since services differ.

Sources: Law No. 59/2010/QH12, Articles 25, 26, 27 and 28; Viet Nam News, September 10, 2016.

Step four: arbitration or court

Arbitration applies only if you accepted it. A seller must tell you about an arbitration clause before the contract is signed. When the clause sits in the seller's standard contract, an individual buyer may choose another route once a dispute begins.

Court is the last step. The law sets simpler procedures for a small, clear case where an individual sues the direct seller and the deal is worth less than VND 100 million. The law also says a consumer who files a case does not have to advance court costs. Even so, a trial takes time, so weigh the size of your loss first.

Sources: Law No. 59/2010/QH12, Articles 38, 41 and 43.

A new law is coming

On June 20, 2023, the National Assembly passed a new Law on Protection of Consumers' Rights. It is Law No. 19/2023/QH15. It replaces the 2010 law and takes effect on July 1 of next year, so the rules above still apply today. Before you rely on any step here, check whether the new text has changed it once it starts to apply.

Sources: Law No. 19/2023/QH15 on Protection of Consumers' Rights, adopted by the National Assembly on June 20, 2023.

Sources

• Law on Protection of Consumer Rights, No. 59/2010/QH12, English text, english.luatvietnam.vn.
• Viet Nam News, "Most consumers wary about making complaints", September 10, 2016.
• Law No. 19/2023/QH15 on Protection of Consumers' Rights, June 20, 2023.