Deputy Speaker of the National Assembly Nguyen Duc Hai presides over the discussion session. Photo: Lam Hien
On the afternoon of November 13th, under the chairmanship of Deputy Speaker of the National Assembly Nguyen Duc Hai, the National Assembly convened in the Assembly Hall to discuss the draft Law on E-commerce.
Buyers should be allowed to choose their service provider.
With a growth rate of 18-25% per year and a very diverse ecosystem ranging from large technology platforms to small businesses, logistics companies, payment and livestreaming services, and affiliate marketing, National Assembly Deputy Do Duc Hien ( Ho Chi Minh City) emphasized that the legal framework for regulating the e-commerce sector must ensure effective management, strengthen consumer protection, and create incentives for innovation, especially the synchronized development of pillars such as digital infrastructure, logistics, and payment infrastructure with a long-term vision.
National Assembly Deputy Do Duc Hien (Ho Chi Minh City) delivers a speech. Photo: Ho Long
From the perspective of protecting consumer rights, Representative Do Duc Hien expressed concern that the regulation in point d, clause 7, Article 15, regarding the selection of payment services, payment intermediary services, or logistics services, could restrict customers' freedom of choice.
"According to this regulation, consumers can only choose payment service providers, payment intermediary service providers, and logistics service providers from the list of units published by the platform. If the platform only connects with one unit, consumers must use the service that the platform has connected with. Meanwhile, in essence, e-commerce intermediary platforms are merely connecting environments and should not interfere with agreements between buyers and sellers," the representative pointed out.
From the perspective of market development and encouraging innovation, delegate Do Duc Hien also noted that this regulation poses a risk that large digital platforms will gradually close the service supply chain, from transactions and payments to shipping, and gradually eliminate competition from other e-commerce support service businesses.
Delegates attending the session. Photo: Quang Khánh
"When competition narrows, service costs tend to increase and quality declines, resulting in consumers and the market bearing the risks. Many countries have quite strict laws to prevent platforms that dominate the market from restricting buyers' choices," Representative Do Duc Hien noted.
Allowing multiple service providers to participate and display their services on the platform without regulations on the joint responsibility of the platform owner in monitoring, coordinating, and handling incidents will increase the number of entities requiring monitoring and make management and inspection more difficult, especially regarding electronic payment security, anti-money laundering, and trade fraud prevention.
On the other hand, this makes it difficult to control service quality and determine the responsibilities of the parties involved. Not to mention, the requirement to publicly disclose information from many payment and logistics service providers demands that the platform invest in and upgrade its technical systems, integrate multiple interfaces, and maintain stable operation with numerous partners, increasing operating and maintenance costs as well as increasing risks in data security and safety.
For the reasons mentioned above, delegate Do Duc Hien proposed amending point d, clause 7, Article 15 to: not restrict the right to choose products and services offered through the platform, including e-commerce support services.
At the same time, a mechanism should be added allowing buyers to choose between service providers from the platform or from partner sellers. There should be no preferential conditions or unequal penalties imposed on service providers supporting e-commerce. The platform owner should be held jointly liable in cases where buyers use e-commerce support services provided through partnerships with the platform. "In cases where buyers choose support services from partner sellers, the e-commerce platform will facilitate the connection," the representative suggested.
National Assembly Deputy La Thanh Tan (Hai Phong) delivers a speech. Photo: Quang Khanh
Concerned that the above regulation could easily create a monopoly and market dominance supporting e-commerce, National Assembly Deputy La Thanh Tan (Hai Phong) proposed adding to point d, clause 7, Article 15 the following provisions: “It is prohibited to restrict or impose unequal conditions on organizations providing payment services, payment intermediary services, or logistics services,” and “It is necessary to publicly disclose on the platform information about organizations providing payment services, payment intermediary services, or logistics services supporting e-commerce and to allow buyers to choose the service provider, including organizations not connected to the platform and in cases where the seller handles the shipping themselves.”
At the same time, there is a need for government regulations to provide detailed provisions on restrictive practices and the imposition of unequal conditions on organizations providing payment services, payment intermediary services, or logistics services.
According to the delegates, amending the regulation at point d, clause 7, Article 15 is also consistent with international practice. Countries like China, the US, and the EU all have regulations against restricting the right of choice for sellers and consumers on large digital platforms. In fact, models like Amazon and Alibaba allow sellers to choose or organize their own shipping and payment.
The use of behaviors that violate moral standards and customs for selling goods should be prohibited.
Article 6 of the draft law prohibits four groups of behaviors: fraud, trading in counterfeit goods, coercion of users, and algorithm manipulation.
National Assembly Deputy Huynh Thi Phuc (Ho Chi Minh City) delivers a speech. Photo: Pham Thang
However, National Assembly Deputy Huynh Thi Phuc (Ho Chi Minh City) argued that these new online scams do not fall under the four prohibited behaviors mentioned above. This is because they are not engaging in traditional fraud, nor are they selling counterfeit goods on official platforms. Instead, they exploit influence, reputation, or use offensive imagery to sell products and profit from views.
The delegates noted that, more dangerously, this is not just a matter of ethics but a form of manipulating consumer behavior, exploiting the public's trust. Viewers trust people more than products, trust charisma more than labels, trust beauty queens, actors, and TikTokers more than certification stamps.
"When trust becomes a commodity, the law must intervene because it is no longer a social influence but a commercialized one. When popularity becomes a commercial tool, and the law does not anticipate this, does not comprehensively address it in a timely manner, consumers will be directly affected, and their trust will be misplaced in KOLs and KOCs."
The scene at the meeting. Photo: Lam Hien
Therefore, Representative Huynh Thi Phuc proposed adding Clause 5 to Article 6 of the draft Law to clearly stipulate that "it is prohibited to exploit images, reputation, prestige, social influence, or offensive, provocative, or immoral behavior to promote, solicit, sell goods, provide services, or spread disguised e-commerce content." Such a regulation would not only address cases of selling goods without explicitly stating they are for sale, but also prevent the transformation of commercial activities into entertainment and clickbait, which negatively impacts culture, social morality, and even the younger generation.
The delegates also proposed adding to Article 17 a provision regarding the responsibilities of social media platform owners operating e-commerce; requiring the owners of TikTok, Facebook, and YouTube to warn against or remove content with disguised commercial elements, suggestive or offensive content, especially when the livestreamer has a large following or the audience consists of teenagers.
Source: https://daibieunhandan.vn/du-thao-luat-thuong-mai-dien-tu-khong-han-che-quyen-lua-chon-san-pham-va-dich-vu-cung-ung-qua-san-giao-dich-10395545.html
Comment (0)