Need to establish an agency to resolve e-commerce disputes

Continuing the program of the National Assembly's Conference of full-time deputies, on the morning of September 30, under the direction of Vice Chairman of the National Assembly Vu Hong Thanh, the deputies discussed draft laws in the economic and financial fields, including: the draft Bankruptcy Law (amended); the draft Deposit Insurance Law (amended); the draft E-commerce Law; and the draft Law on Savings and Anti-Waste.

Vice Chairman of the National Assembly Vu Hong Thanh chaired the conference.

Platforms that have mechanisms to publicly disclose information about products and sellers

Basically agreeing with the urgency of comprehensively amending the Law on E-commerce in the context of e-commerce activities in Vietnam as well as in the world are developing very strongly, National Assembly Deputy Nguyen Hai Nam (Hue City) stated that the characteristic of e-commerce activities is taking place in cyberspace. Therefore, the connection between buyers and sellers is a transaction through cyberspace. This can lead to an inaccurate understanding as a direct transaction in real space.

National Assembly Delegate Nguyen Hai Nam ( Hue City) speaks

Therefore, delegate Nguyen Hai Nam suggested that the draft Law on E-commerce should have provisions on a specific agency to resolve disputes and complaints arising during transactions, ensuring consumer rights.

Sharing the same view, National Assembly member Trinh Thi Tu Anh (Lam Dong) observed that the current complaint system is too complicated, putting consumers at a disadvantage when facing large enterprises. To overcome this, the delegate said that it is necessary to establish an independent e-commerce dispute resolution agency or build an electronic arbitration system with simple procedures, low costs and the ability to quickly enforce decisions to help consumers easily protect their rights without being hindered by administrative barriers.

National Assembly Delegate Trinh Thi Tu Anh (Lam Dong) speaks

At the same time, it is necessary to supplement regulations on collective proceedings in e-commerce, allowing large groups of consumers to jointly file lawsuits to claim damages from violating platforms. This mechanism will strengthen legal power, create a balance between consumers and technology corporations, and ensure that serious violations will be handled appropriately.

In order to ensure the rights of consumers in e-commerce against risks such as counterfeit goods, fake goods and false advertising, delegate Trinh Thi Tu Anh proposed that the draft Law should supplement regulations that e-commerce platforms and livestream platforms must be responsible for proactively compensating for damages in case products promoted through their display priority algorithms are identified as counterfeit or harmful.

This regulation would create a strong financial incentive for platforms to more carefully screen content themselves, rather than allowing low-quality goods to be sold openly.

In addition, delegates suggested that it is necessary to require platforms to have a mechanism to publicly disclose information about products and sellers, including origin, quality and related parameters, before transactions are completed to increase transparency, help consumers make informed purchasing decisions, and minimize the risk of fraud.

Waste regulations should be more comprehensive.

Regarding the draft Law on Thrift and Anti-Waste, National Assembly Deputy Mai Van Hai (Thanh Hoa) said that comprehensively amending the Law on Practicing Thrift and Anti-Waste will institutionalize the Party's viewpoint in this work, overcoming the existing limitations of the current law.

National Assembly Deputy Mai Van Hai (Thanh Hoa) speaks

Regarding the issue of word interpretation, according to delegate Mai Van Hai, the draft Law only explains the practice of thrift and anti-waste for the public sector, while the private sector and the people have not been explained. Meanwhile, the contents of the draft Law mention many contents of thrift and anti-waste for the people and production and business activities. Therefore, it is necessary to explain more clearly about thrift and anti-waste for the people.

Also giving her opinion on the concept of waste, National Assembly Deputy Nguyen Thi Mai Thoa (Hai Phong) said that the concept of waste as in the draft Law does not cover all cases of waste in practice. Because there may be cases where the norms, standards, and regimes are correctly implemented, the set goals are achieved, and at the same time, it does not create barriers to socio-economic development and does not miss opportunities for national development, but it is not the optimal solution in management.

National Assembly Delegate Nguyen Thi Mai Thoa speaks

Delegate Nguyen Thi Mai Thoa gave an example of the cost of establishing a Valuation Council or the bidding for liquidation of old State assets, which may far exceed the value of the assets to be liquidated. Therefore, in this case, there may be more flexible and optimal solutions to save State assets.

Delegates suggested that the concept of waste should be defined more broadly, combining waste of human resources, time, and other social costs.

Regarding the abolition of some regulations on practicing thrift and combating waste in specific areas, delegate Nguyen Thi Mai Thoa basically agreed with the provisions as in the draft Law to avoid duplication with other laws, but the contents that have not been regulated in other laws should be retained in the provisions of this draft Law. For example, the provisions on the responsibility of state-owned enterprises in practicing thrift and combating waste should be studied to be regulated in the draft Law.

Regarding the responsibilities of the Vietnam Fatherland Front and its member organizations, the draft Law stipulates that every year the Vietnam Fatherland Front and its member organizations coordinate with ministries, ministerial-level agencies, government agencies, and People's Committees at all levels to develop and organize social supervision and criticism.

Delegate Mai Van Hai said that the above two contents should be separated because supervision is different from social criticism. Social criticism only implements contents, guidelines, policies, and laws directly related to people's lives, while supervision is implemented according to the annual program or sudden supervision.

Therefore, social criticism should be separated from supervision, which is the responsibility of the Vietnam Fatherland Front and its member organizations.

Ensuring information security related to deposit insurance

Commenting on the draft Law on Deposit Insurance (amended), National Assembly Deputy Thai Quynh Mai Dung (Phu Tho) expressed agreement with assigning the authority to decide on premiums and insurance limits to the State Bank instead of the Prime Minister as before to ensure flexibility, reduce procedures and be consistent with the nature and scope of operations of the financial market, which is very fast and very strong. At the same time, the responsibility of the State Bank will also have to be further enhanced.

National Assembly Delegate Thai Quynh Mai Dung (Phu Tho) speaks

Regarding the operating model of the deposit insurance organization, delegate Thai Quynh Mai Dung agreed with the regulation as in the draft Law that the model is a single-member LLC with 100% of the charter capital held by the State. Such a regulation also aims to legalize the contents of Decision No. 527 dated April 1, 2016 of the Prime Minister and is still consistent with the current operations of the deposit insurance organization.

According to delegates, legalization is very important to improve the legal basis for deposit insurance organizations and ensure stability and longevity in the operating model, especially when the law has assigned many additional powers, functions and responsibilities to this deposit insurance organization.

Conference scene

Regarding the rights and obligations of deposit insurance organizations, the draft Law stipulates that it is necessary to ensure the confidentiality of deposit data and documents related to deposit insurance of organizations participating in deposit insurance according to the provisions of law.

Delegate Thai Quynh Mai Dung suggested that, in addition to ensuring confidentiality, it is also necessary to ensure information security according to the provisions of a number of recently issued laws, such as the Law on Personal Data Protection, so that organizations, especially in the banking and financial system, can further improve the application of information technology and personal data protection.

Source: https://daibieunhandan.vn/can-thanh-lap-co-quan-giai-quyet-tranh-chap-thuong-mai-dien-tu-10388532.html