Protecting consumer rights in the online environment

The development of e-commerce is a modern, cross-border business trend, bringing practical benefits to people and businesses. However, besides the positive aspects, e-commerce also reveals some shortcomings because the situation of smuggling, counterfeiting, and trade fraud is still complicated. Therefore, to ensure the legitimate rights of consumers in e-commerce, the authorities have implemented timely and effective solutions.

Authorities investigated and verified a Facebook sales account in Hai Yen ward, Mong Cai city.

According to the assessment of the authorities, with the current explosion of technology, e-commerce activities in the province have developed rapidly. However, in addition to the benefits, there are also individuals and businesses that take advantage of the characteristics of online trading to trade in counterfeit, poor quality goods of unknown origin. In particular, some subjects selling goods through social networking sites such as Zalo, Facebook, YouTube, TikTok... have deliberately used many "tricks" to polish their brands and products, creating trust for consumers. When customers place orders, the subjects ask them to leave their address and phone number, then contact them for advice, close the order and then use transportation and postal services to deliver the goods, causing difficulties for the authorities in inspection and handling.

To protect consumers in online buying and selling activities, on March 29, 2023, the Prime Minister issued Decision No. 319/QD-TTg approving the project on anti-counterfeiting and consumer protection in e-commerce until 2025. The goal is to create a strong change in awareness of all levels, sectors, people and businesses in complying with regulations on anti-counterfeiting and consumer protection. Thereby helping to improve the effectiveness of consumer protection in e-commerce activities.

Implementing the direction of the Prime Minister, the functional sectors in the province have deployed many solutions. Typically, the Provincial Market Management Department has strengthened the inspection and control of business activities in the field of e-commerce to promptly and strictly handle violations. Most recently, implementing Document No. 1355/TCQLTT-CNV dated May 31, 2024 of the General Department of Market Management on inspection and handling of violations in business activities of goods and services via social networks, online sales websites, and e-commerce platforms, the Provincial Market Management Department has directed Market Management Team No. 1 to coordinate with Market Management Team No. 5 to conduct inspections of 4 websites showing signs of violations. Specifically, through inspection, the Market Management force determined that the website: https://hangnhatnoidiahalong.com, the subject unit violated the law by not notifying the e-commerce website to the competent state agency; not registered according to regulations when conducting promotions and trading in smuggled food worth 17.6 million VND. The Market Management Force has imposed administrative fines totaling 32.5 million VND.

Regarding the websites: https://sagi.vn and https://cayxanhquangninh.com, through investigation and verification, the Market Management Force determined that the above two websites do not have the online ordering function. The managing unit has committed that if online sales are conducted, it will notify the Ministry of Industry and Trade according to regulations. Regarding the website https://halongfishing.com, through investigation and verification, it was determined that the above website does not have the online ordering function. On the other hand, the managing unit confirmed that this website is no longer operating because the business household has no need to use it.

According to the report of the provincial Market Management force, by the end of June 2024, the unit had inspected and handled 41 cases/49 violations in the field of e-commerce. The Market Management force had imposed administrative fines of over 668 million VND, the value of auctioned goods was 597 million VND, the value of infringing goods was 653.35 million VND.

The Department of Industry and Trade has also actively coordinated with the Provincial Consumer Protection Association and functional forces to implement all activities related to consumers such as: Special consumer stimulus programs "National Concentrated Promotion Month", "Online Shopping Day - Friday"; organizing propaganda and dissemination of laws on consumer protection; coordinating the organization of inspection and supervision teams on food safety, detecting counterfeit, fake and poor quality goods; strengthening strict management of multi-level marketing enterprises... The Department of Industry and Trade has also promoted the implementation of legal regulations on contracts with consumers, standard contracts, and general transaction conditions. Most recently, in early August, the Department of Industry and Trade coordinated with the National Competition Commission (Ministry of Industry and Trade) to organize a conference to deploy and train on the Law on Consumer Protection. This is the law passed by the National Assembly at the 5th Session on June 20, 2023, effective from July 1, 2024. Through the conference, it helped businesses better understand the rights and obligations of consumers; responsibilities of business organizations and individuals in specific transactions; prohibited acts; state management of consumer rights protection; consumer rights protection activities of the Vietnam Fatherland Front and social organizations in the new situation.

The Provincial People's Committee has issued Plan 148/KH-UBND on implementing the Project on anti-counterfeiting and consumer protection in e-commerce in the province until 2025. In particular, there are many contents directly related to the work of protecting consumer rights in e-commerce, such as: Connecting and sharing information focusing on anti-counterfeiting and consumer protection; developing infrastructure and equipment to ensure information security and safety to serve the work of anti-counterfeiting and consumer protection in e-commerce activities (e-commerce trading floors, electronic transaction information systems, electronic transaction data, goods control mechanisms in e-commerce...). At the same time, improving professional capacity and skills in enforcing e-commerce laws and protecting consumers in e-commerce activities, such as: Organizing training courses to improve the qualifications of cadres, civil servants and public employees enforcing e-commerce laws and protecting consumers in e-commerce activities; Regularly review and evaluate regulations, mechanisms and effectiveness of coordination between relevant sectors, localities and units in the fight against counterfeit goods and consumer protection; strengthen coordination, inspection, examination, detection and combat of violations of laws on intellectual property, standards, measurements, quality, product labels, codes, barcodes and traceability of products and goods in e-commerce activities; exchange and receive information to inspect, examine and strictly handle violations related to e-commerce activities.

Although there have been many positive moves, in reality, the protection of consumer rights when shopping online has not been able to keep up with the development needs. Therefore, in addition to the active participation of authorities, consumers themselves need to be alert to avoid unwanted situations when shopping online, especially choosing reputable e-commerce platforms that are committed to providing genuine goods, with clear return and warranty policies. At the same time, consumers need to clearly understand and agree according to their requirements before placing an order. If there is a problem during the transaction that affects their own rights, consumers need to have opinions and contact the authorities, such as: Department of Industry and Trade, Department of Market Management, Provincial Consumer Protection Association for support and resolution. If they notice signs of fraud, people should report the incident to the police for consideration and resolution according to the law.

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