To amend and supplement the regulations on administrative sanctions for violations of consumer rights protection

On 21/02/2025, the Government issued Decree No. 24/2025/ND-CP amending and supplementing a number of articles of Decree No. 98/2020/ND-CP dated August 26, 2020 of the Government regulating administrative sanctions for violations in commercial activities, production and trading of counterfeit and banned goods and protection of consumer rights, which has been amended and supplemented by a number of articles according to the provisions of Decree No. 17/2022/ND-CP dated January 31, 2022 of the Government amending and supplementing a number of articles of the Decrees regulating administrative sanctions for violations in the fields of chemicals and industrial explosives; electricity, safety of hydroelectric dams, economical and efficient use of energy; commercial activities, production and trading of counterfeit and prohibited goods and protection of consumer rights, oil and gas activities, and trading of gasoline and gas.

In particular, Decree No. 24/2025/ND-CP stipulates increased penalties for administrative violations of consumer rights protection. Specifically, for violations of consumer’s information protection, Decree No. 24/2025/ND-CP stipulates a fine of 20-30 million VND for the following acts: Collecting and using consumer’s information without the consumer's consent as prescribed; using consumer’s information inaccurately, inconsistent with the announced purpose and scope.

A fine of 30 - 40 million VND is applied to the following acts: Not having measures to ensure the safety and security of consumer’s information when collecting, storing, using, or not having measures to prevent violations of consumer’s information safety and security as prescribed.

If transferring consumer’s information to a third party without the consent of the consumer as prescribed, a fine of 30 - 40 million VND will also be imposed.

The Decree No. 24/2025/ND-CP also clearly states: The fine is 2 times the above fine in case the relevant information is sensitive personal data of consumers. The fine is 4 times higher in case the violation is committed by an organization establishing and operating a large digital platform.

The Decree No. 24/2025/ND-CP supplements Article 53a regulating sanctions for violations in transactions on cyberspace.

Accordingly, a fine of VND 50-70 million shall be imposed on business entities that establish, operate, or provide digital platform services that commit one of the following violations: Using measures to prevent display or dishonestly displaying consumer’s feedback and evaluation results about products, goods, services, organizations, or individuals doing business on digital platforms, except in case such feedback and evaluation violates the provisions of law or social ethics; harassing consumers through direct or indirect contact against the will of consumers to introduce products, goods, services, organizations, or individuals doing business or proposing to enter into contracts.

The acts of not compensating, refunding money, or exchanging products, goods, or services for consumers due to mistakes by business organizations or individuals; failure to compensate, refund or exchange products, goods or services for consumers due to products, goods or services not being in accordance with the registration, notification, announcement, listing, advertisement, introduction, agreement or commitment of the business organization or individual; fraudulently exchanging or defrauding products, goods or services when delivering or providing services to consumers; preventing consumers from checking products, goods or services; requiring consumers to purchase additional products, goods or services as a mandatory condition for entering into a contract against the consumer's wishes shall also be subject to a fine of 50-70 million VND.

This penalty also applies if a business entity establishes, operates, or provides a digital platform service without prior notice or without publicizing to consumers the sponsorship of an influencer in any form to use the image, advice, or recommendations of this person to promote trade or encourage consumers to purchase or use products, goods, or services.

The Decree No. 24/2025/ND-CP stipulates a fine of VND 100-200 million for organizations that establish and operate an intermediary digital platform that does not authenticate the identity of organizations or individuals selling products, goods, or providing services on their intermediary digital platform.

This Decree takes effect from the date of signing and promulgation.