Vietnam: Implemented Decree No. 98/2020/ND-CP

On 15 October 2020, Decree No. 98/2020/ND-CP replacing Decree No. 185/2013/ND-CP entered into force. The decree outlines penalties for violations of consumer rights, including those related to the collection and use of personal data. Penalties range from fines of 1 million VND to 30 million VND depending on the severity of the violation, with potential suspension of e-commerce operations for repeated offenses. Violations related to information and transactions on e-commerce websites or mobile apps are subject to fines ranging from VND 1 million to VND 50 million based on the severity of the infraction. The law includes penalties for the failure to provide essential transaction information, the falsification of details, and the manipulation of software, with additional penalties like suspension and confiscation for severe or repeated violations. Furthermore, the decree delineates penalties for violations regarding the provision of e-commerce services, with fines ranging from VND 1 million to VND 50 million based on the severity of the offense. Violations include failure to publish dispute resolution mechanisms, ensure data safety, and comply with operational rules, with additional penalties for serious or repeated offences. In addition, fines ranging from 10 million VND to 50 million VND for violations against regulations on providing information about goods or services to consumers. Violations include failing to adequately warn consumers about potential risks, not providing complete usage instructions, and giving misleading or inadequate information, with stricter penalties for media owners or telecom providers that allow harassment of consumers.