I. Legal Basis

The core legal framework governing the resolution of disputes in E-commerce (EC) includes:

• Law on Electronic Transactions 2023
• Law on Consumer Rights Protection 2023
• Decree 52/2013/ND-CP on E-commerce (amended and supplemented)
• Civil Procedure Code 2015
• Law on Commercial Arbitration 2010
• Draft E-commerce Law (amended) 2025

II. Overview of E-commerce Disputes and the Role of the Draft Law 2025

Disputes in EC are disagreements or conflicts arising among the parties (buyers, sellers, platform owners, intermediaries) when executing electronic transactions. These disputes may stem from products or services not meeting commitments, late delivery, incorrect descriptions, payment issues, warranties, consumer rights, or conflicts related to electronic contracts.

The Draft E-commerce Law 2025 aims to provide clearer regulations on how to handle these disputes. This is intended to ensure the rights and interests of consumers and suppliers, while clarifying the responsibilities of EC platforms.

III. Electronic Contracts: Foundational Evidence in E-commerce Dispute Resolution

An electronic contract is a contract concluded through an electronic environment—for example, placing an order via a website, EC app, exchange, chat, or email.

Key Points:

• Disclosure of Contract Terms: Terms (regarding products, prices, duration, delivery, returns, warranty liability, right to complain, dispute resolution…) must be clearly announced by the seller or platform when the buyer decides to conclude the contract. If terms unfavorable to the buyer are not disclosed beforehand, they may be deemed invalid. The Draft stipulates that disputes must be resolved based on the terms announced at the time the contract was concluded.
• Electronic Transaction Data: When disputes arise, evidence and electronic transaction data (order history, invoices, delivery records, chat logs, email, photos/videos proving the product or service) are crucial for verifying the rights and obligations of the parties. The Draft asserts that handling complaints and disputes must be based on “evidence, electronic transaction data, and relevant legal provisions”.
• Platform Owner Responsibilities: The EC platform owner is entrusted with the responsibility of building an internal complaint resolution system. This system must be user-friendly, allowing users to submit complaints if they have sufficient basis and evidence. The platform owner must handle complaints promptly, fairly, non-discriminatorily, and with professional competence. They must also clearly notify the decision and potential remedies outside of court or arbitration if applicable.

IV. Distinguishing Complaints and Denunciations in E-commerce Dispute Resolution

V. EC Dispute Resolution Procedure according to the Draft Law: From Complaint to Court

Based on the Draft and current regulations, the EC dispute resolution process typically includes the following steps: 

Step 1. Review Contract Terms & Gather Evidence: The buyer must check whether the electronic contract contains clear terms (on delivery, returns, warranty, fees, complaint rights, dispute procedure). The buyer must retain evidence: invoices, messages, email, photos/videos, shipping receipts, etc..

Step 2. Internal Complaint on Platform or with Seller: Submit a complaint to the seller or the platform owner according to the announced procedure. The complaint must clearly state the demand, reason, and attached evidence.

Step 3. Receipt & Processing by Platform Owner:

• The platform owner must have an easy-to-access, user-friendly receipt system.
• Processing must be timely, non-discriminatory, and based on transaction data and evidence.
• The handler must have appropriate qualifications, not relying solely on unsupervised automation.
• The complainant must be clearly notified of the decision and subsequent steps if the resolution is unsatisfactory.

Step 4. Negotiation & Mediation: If the internal complaint remains unresolved, both parties may negotiate directly. Mediation by a third party (e.g., a mediation organization) may occur if both parties agree.

Step 5. Arbitration or Submission to Court: If no agreement is reached through negotiation/internal mediation, the dispute can be submitted to arbitration (if there is an arbitration clause in the contract) or litigation in a competent court. The Draft proposes utilizing existing arbitration and court procedures.

VI. EC Dispute Resolution via Arbitration or Court Litigation

• Arbitration: If the electronic contract includes an agreement to use arbitration, this path is generally faster, less public (depending on terms), and more flexible. However, the arbitration clause must be carefully reviewed (location, fees, applicable law, language, time limit). If the seller or platform lacks a clear arbitration agreement, arbitration may be denied.
• Court Litigation: Where arbitration is absent or unsuitable, the user may file a lawsuit. The court has jurisdiction over civil cases concerning contracts and consumer protection. Court procedure is typically time-consuming, potentially incurring costs, requiring clearer evidence submission, and adhering to the statute of limitations for lawsuits (Civil Law regulates prescription periods).
• Costs and Duration: Arbitration often involves arbitration fees, service fees, and legal fees (if any), but may be quicker. Court litigation takes longer and may proceed through multiple levels (first instance, appeal). Consumers should weigh costs, time, and potential benefits.

VII. Comparison between Current EC Dispute Resolution Mechanisms and the Draft Law

Currently, Decree 52/2013/ND-CP governs some aspects of complaint and dispute resolution in EC:

• Traders, organizations, and individuals owning EC websites must receive and process customer complaints.
• Disputes must be based on contract terms announced at the time of contract conclusion.
• The procedure for receiving and processing complaints and the dispute resolution mechanism must be clearly publicized.
• Resolution forms include negotiation, mediation, arbitration, or court litigation.

The Draft aims to further clarify these provisions, enhance the responsibility of the platform owner, ensure user rights, and increase transparency in the internal complaint handling procedure.

VIII. Practical Notes for Consumers & Sellers in EC Dispute Resolution

• Always retain evidence when purchasing or using EC services (invoices, photos/videos, messages, electronic notifications).
• Before agreeing to a transaction, carefully read the contract terms (especially regarding delivery, returns, warranty, complaint rights, dispute resolution).
• If an issue arises, initiate an internal complaint first. Send an email, message, or use the platform’s provided system, clearly stating the request and attaching evidence.
• Monitor the complaint history: check the response timeframe of the seller or platform, identify any unsatisfactory policies, and confirm if a responsible human is handling the case, not just automated processes.
• If unsatisfied, check the contract for an arbitration clause. If available, weigh the costs versus benefits before choosing arbitration. If absent or arbitration is denied, litigation in court remains an option.
• Be aware of the statute of limitations for lawsuits and associated costs (processing fees, legal fees, court fees, arbitration fees, etc.).

IX. Limitations and Proposals for Improving the EC Dispute Resolution Mechanism

Some areas in the Draft remain unclear or require further consideration:

• There is a need to clearly stipulate the maximum time limit for the platform/seller to process internal complaints—to prevent undue delays that harm consumers.
• Ensure supervision over the use of automated systems (if used)—excessive reliance on machines without supervision can lead to errors.
• Clearly define the liability and sanctions if the platform owner or seller fails to comply with regulations (e.g., failing to publicize the complaint procedure, late response, ignoring evidence, using unfair terms).
• Enhance the role of consumer protection agencies to support and intervene when parties cannot resolve issues independently.
• Costs associated with arbitration and complaint processing fees need to be made transparent for users beforehand

X. About Us, Hankuk Law Firm

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