Enhancing responsibility for protecting consumer rights in e-commerce.

Identifying specific business models

In recent years, e-commerce has been growing strongly, becoming a major trend in global trade. In Vietnam, e-commerce activities have developed positively, becoming an important distribution channel to serve businesses consuming products, meeting people's needs and contributing to the development of financial services, modern payment. In 2023, the scale of Vietnam's retail e-commerce market will reach US US$ 20.5 billion, an increase of about US $4 billion (equivalent to 25%) compared to 2022.

Statistics from the General Department of Taxation show that tax management revenue of organizations and individuals with e-commerce activities in 2022 is VND 3.1 million billion with tax payment of VND 83,000 billion; In 2023, the revenue will be VND 3.5 million billion, the tax amount paid will be VND 97,000 billion.

However, along with strong development, e-commerce has been posing many new problems and challenges for economic and social development, including in the field of consumers rights protection.

In that context, on June 20, 2023, the National Assembly passed the Law on Consumer Rights Protection, effective from July 1, 2024. Recently, the Government issued Decree No. 55/2024/ND-CP detailing a number of articles of the Law on Consumer Rights Protection.

According to the National Competition Commission, the above two legal documents promptly supplemented many regulations to continue to improve the effectiveness of protecting consumer rights in the new context.

Specifically, the Law has added a chapter on the responsibilities of business organizations and individuals to consumers in specific transactions, in which, a separate article is stipulated on the responsibilities of business organizations and individuals. with consumers in transactions in cyberspace.

Through this regulation, the law has defined business models in cyberspace, including: information systems established by business organizations and individuals, digital platforms and intermediary digital platforms. Since, new business models that have appeared in recent times have been shaped, named, and created a legal basis to regulate the operations of these models, such as online car booking platforms, a content platform that combines buying and selling...

In addition to accurately identifying transaction models, the law also adds regulations to classify models, thereby creating a basis for stipulating additional responsibilities for classified models. Accordingly, the law and its guiding documents have provided regulations related to large digital platforms based on determining the number of user accounts operating on the platform or according to the classification criteria of the law on communication electronic translation. Identifying these platforms aims to increase the respective responsibility of business organizations and individuals for models that have a great impact on consumers.

Clarifying responsibilities in transactions

It is notable that to regulate and manage the activities of transaction models in cyberspace, laws and guiding documents have accurately identified the entity responsible for protecting consumer rights in transactions in cyberspace. Thereby promptly resolving the problem of not clearly defining the responsibilities of parties participating in transactions in cyberspace, limit ing the situation of pushing and evading responsibility when disputes arise with consumers, especially for transactions with multiple entities participating in the transaction.

According to the National Competition Commission, for organizations and individuals doing business in cyberspace, in addition to general and related responsibilities, the law and guiding documents have added a number of special responsibilities. Specific, applicable to each type of transaction.

Specifically, for organizations establishing and operating intermediary digital platforms, 13 separate responsibilities have been added, including a number of new regulations such as: publicly announcing contacts to work with state agencies. in solving consumer problems; publicize operating regulations, clearly defining the responsibilities of participating parties; transparency of advertising activities; Provide reports on content censorship activities and reports at the request of competent state agencies.

For organizations that establish and operate large digital platforms, in addition to the responsibilities of organizations that establish and operate intermediate digital platforms, this entity must carry out 3 separate responsibilities, including: establishing a repository hosting ads that use algorithms to target specific consumers and consumer groups; Periodically evaluate content moderation activities, the use of algorithmic systems and advertising aimed at consumers and specific consumer groups; and periodically evaluate the implementation of regulations on handling fake accounts, the use of artificial intelligence, and fully or partially automated solutions.