The detailed regulations on a number of articles of the Law on Consumer Rights Protection

On 16/5/2024, the Government has just issued Decree No. 55/2024/ND-CP detailing a number of articles of the Law on Consumer Rights Protection.

This Decree stipulates in detail Clause 9, Article 3; Clause 2, Article 9; Clause 2, Article 13; Clause 5, Article 23; Clause 5, Article 28; Clause 3, Article 32; Clause 5, Article 33; Clause 4, Article 37; Clause 5, Article 39; Clause 3, Article 40; Clause 3, Article 45; Clause 3, Article 47 and Clause 2, Article 73 of the Law on Consumer Rights Protection.

The Decree No. 55/2024/ND-CP clearly regulates the disclosure and removal of consumer warning information in cyberspace transactions. Specifically:

The list of organizations and individuals doing business in cyberspace that violate the law on protecting consumer rights is publicly announced on the mass media, posted at headquarters, and on the electronic information portals of ministries, ministerial-level agencies, and provincial-level People's Committees.

The content of public announcement includes: Names and addresses of organizations and individuals doing business in cyberspace that violate the law on protecting consumer rights; the acts and areas of violation; issuing agency, number, date, month, year of decision to handle violations of the law on protecting consumer rights.

The time limit for violations announcement by business organizations and individuals is 30 days from the date of announcement. At the end of the above time limit, the information posting agency will stop or remove information about organizations and individuals doing business in cyberspace that violate the law on protecting consumer rights.

The Decree No. 55/2024/ND-CP stipulates the responsibilities of multi-level marketing organizations: Multi-level marketing organizations are responsible for complying with regulations on signing written multi-level marketing participation contracts and delivering contracts for multi-level marketing participants according to the provisions of operating rules.

To comply with regulations on basic training for multi-level marketing participants according to the operating rules within 30 days from the date of signing the contract to participate in multi-level marketing.

To comply with the responsibility to maintain the revenue ratio from selling goods to consumers who are not multi-level marketing participants according to the provisions of operating rules, compensation plans and legal regulations.

The revenue specified in this point is the one sold by participants to consumers or the one sold by multi-level marketing businesses to consumers through the participant's referral code;

To carry out other responsibilities according to the provisions of law on management of business activities by multi-level method and other relevant laws.

Multi-level marketing individuals are responsible for keeping multi-level marketing participation contracts according to the provisions of the operating rules; participate in the basic training program as prescribed in the operating rules within 30 days from the date of signing the contract to participate in multi-level marketing; carry out other responsibilities according to the provisions of law on management of business activities by multi-level method and other relevant laws.

This Decree takes effect from July 1, 2024.

The Decree No. 99/2011/ND-CP dated October 27, 2011 of the Government detailing and guiding the implementation of a number of articles of the Law on Consumer Rights Protection expires from the date that this Decree takes effect.