The failure to fulfill obligations to protect consumer rights has become a growing concern in the context of a rapidly developing market economy and e-commerce environment, with numerous violations such as providing misleading information, imposing unfair contract terms, evading warranty responsibilities, and infringing on personal data.
The failure to fulfill obligations to protect consumer rights has become a growing concern in the context of a rapidly developing market economy and e-commerce environment, with numerous violations such as providing misleading information, imposing unfair contract terms, evading warranty responsibilities, and infringing on personal data.
I. Current situation regarding the failure to fulfill obligations to protect consumer rights
In the market economy and digital transformation era, where e-commerce is thriving, relationships between consumers and businesses are becoming increasingly diverse and complex.
In reality, many businesses provide unclear or inaccurate product and service information, engage in misleading advertising, or allow counterfeit and imitation goods to flood e-commerce platforms.
The causes of such a situation arise from three main parties: Businesses prioritizing profit over legal compliance, consumers lacking knowledge and hesitating to file complaints, and State management remaining inadequate with sanctions being insufficiently stringent or untimely.
As a result, consumer rights are infringed upon, the reputation of legitimate businesses is damaged, and public trust as well as the overall business environment deteriorate, hindering sustainable development and international integration.
II. Legal provisions on the failure to fulfill obligations to protect consumer rights
To understand the legal responsibilities involved, it is first necessary to define and identify the nature of this violation.
1. Definition
The failure to fulfill obligations to protect consumer rights refers to a conduct of organizations or individuals engaged in business activities that do not comply with the legal provisions on consumer protection. It includes failure to provide adequate information, refusal to honor warranties, failure to resolve complaints, or other violations of consumers’ lawful rights and interests.
2. Acts constituting failure to fulfill obligations to protect consumer rights
According to Article 10 of the Law on Protection of Consumer Rights 2023, the following acts are prohibited and may constitute a failure to fulfill consumer protection obligations:
- Deceiving or misleading consumers by providing false, incomplete, or inaccurate information;
- Forcing consumers to purchase goods or services against their will;
- Refusing to compensate, refund, or exchange products, goods, or services for consumers when such goods or services are inconsistent with registered, listed, advertised, or committed terms.
3. Legal consequences
Under Article 36 of the Law on Protection of Consumer Rights 2023, organizations and individuals engaged in business activities take the following responsibilities:
- Reaching of an agreement with consumers to remedy the consequences, including re-providing services, refunding money, or compensating for damages;
- Consumers have the right to request compensation for damage caused to their life, health, or property due to the failure to fulfill obligations;
- Compensation for damages shall be made in accordance with civil law provisions.
Thus, the law not only clearly defines violations but also establishes corresponding legal consequences to ensure comprehensive protection of consumers’ lawful rights and interests.
III. Questions regarding failure to fulfill consumer protection obligations
1. What should consumers do when they discover that a business has failed to fulfill its obligations to protect consumer rights?
According to Article 11 of the Law on Protection of Consumer Rights 2023, consumers may:
- Submit a direct or written request to the competent State authority for handling according to law;
- Provide information and evidence of the violation to the competent authority;
- Then, competent State authority must receive and resolve the request in accordance with its assigned functions and authority;
- If the request falls under another authority’s jurisdiction, it must be transferred accordingly, with notification to the consumer.
2. How does failure to fulfill consumer protection obligations affect a business’s reputation?
Consumers may feel disrespected and unprotected, leading to loss of trust in the business. Information about such violations can spread widely, damaging the company’s reputation and brand.
Businesses may also take administrative sanctions, be required to remedy the consequences, or even face criminal prosecution in severe cases.
3. How are repeated violations handled?
Under Articles 60 and 61 of the Law on Protection of Consumer Rights 2023, and Articles 46–61 of Decree No. 98/2020/NĐ-CP (as amended by Decrees No. 17/2022/NĐ-CP and 24/2025/NĐ-CP):
- Businesses that fail to fulfill consumer protection obligations may face administrative sanctions depending on the nature and severity of the violation;
- Repeated violations are considered aggravating factors, subjecting the violator to additional sanctions such as suspension of operations, license revocation, or public disclosure of the violation;
- In serious cases causing significant damage, criminal liability may apply.
4. Is failure to fulfill consumer protection obligations considered commercial fraud?
Pursuant to Points (h) and (g), Clause 1, Article 10 of the Law on Protection of Consumer Rights 2023, acts such as deception, providing false information, refusing to compensate or exchange nonconforming goods or services, substitution, or fraudulent delivery of products or services to consumers are all prohibited. Therefore, such conduct may constitute commercial fraud under current law.
5. Do consumers have the right to request a refund when businesses fail to fulfill their obligations?
Under Article 36 of the Law on Protection of Consumer Rights 2023, in cases where a business fails to perform as registered, notified, advertised, or committed in providing goods or services, consumers have the right to request a refund or compensation if the goods or services differ from the commitments, advertisements, or contracts, or cause damage to the consumer.
IV. Legal consultancy services related to consumer protection obligations
For consumers, common legal services include legal consultation to understand their rights and obligations, assistance in drafting complaints or denunciations, and representation in mediation or court/arbitration proceedings.
For businesses, legal services typically focus on compliance consulting in business operations, advertising, and promotions; reviewing and drafting standard contracts to avoid unfair terms; and establishing internal complaint resolution procedures.
Among reputable legal service providers, NPLAW is highly trusted for its team of experienced lawyers and experts in the Law on Protection of Consumer Rights 2023, capable of supporting both consumers and businesses in legal risk prevention, dispute resolution, and sustainable compliance.
