Article 52 mandates e-commerce platforms establish accessible complaint systems for users, ensuring timely, fair processing based on evidence. Owners must inform complainants of decisions and resolution options. Disputes must follow published contract terms and relevant laws, utilizing negotiation or mediation methods.
Vietnam’s Guidelines for Dispute Resolution in E-Commerce (Expected)
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Author: Ema Stamenković
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662
Content accuracy validation date:
29.10.2025
Content accuracy validation time:
08:26h
The Law on E-Commerce (the "Draft Law"), which is anticipated to be presented to the National Assembly for review at its tenth session in October 2025 and approved at its eleventh session in May 2026, has a comprehensive outline that was recently released by the Ministry of Industry and Trade (the "MOIT"). The current Decree 52/2013/ND-CP and Decree 85/2021/ND-CP ("E-Commerce Decrees") will be replaced by this new law upon enactment, making it Vietnam's first comprehensive e-commerce law. In addition, the new law seeks to close regulatory gaps, improve consumer protection, encourage innovation, and propel Vietnam's digital economy forward.
Article 52 of the draft Law proposes the following for e-commerce dispute resolution:
- E-commerce platform owners must establish a user complaint handling system adhering to these principles:
- The system must be accessible, user-friendly, and enable submission of well-founded, accurate, complete complaints.
- Complaints must be processed timely, non-discriminatorily, diligently, and based on evidence, electronic transaction data, and applicable laws.
- Owners must promptly inform complainants of decisions on the complaint, plus options for out-of-court resolution and redress.
- Decisions must be overseen by qualified personnel, not relying solely on automation.
- Disputes between sellers of goods/services and customers during contract execution must be resolved using contract terms published on the platform at conclusion time, plus relevant laws.
- Resolution occurs via negotiation, mediation, arbitration, or court, per existing procedures and regulations.
Current Guidelines (Decree 52/2013/ND-CP, Article 76)
- Merchants, organizations, and individuals operating e-commerce websites selling goods must receive and handle customer complaints related to contracts on those sites.
- Disputes between sellers of goods/services and customers during contract execution must be resolved using contract terms published on the website at conclusion time, plus relevant laws.
- Sellers are prohibited from unilaterally resolving disputes by exploiting electronic environment advantages without customer consent.
- Resolution occurs via negotiation, mediation, arbitration, or court, per existing procedures and regulations.
- For e-commerce service websites:
- Providers must publish their complaint reception/handling process and dispute resolution mechanism for contracts on the site.
- Failure to publish as required (per Point a, Clause 5, Article 76) makes them directly responsible for handling complaints and resolving disputes on their site.
- Providers may mediate disputes between customers and sellers on their site.
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