Business to consumer e commerce dispute settlement in vietnam the reality and legal resolutions suggested

VIETNAM NATIONAL UNIVERSITY, HANOI SCHOOL OF LAW Tran Minh Ha BUSINESS-TO-CONSUMER E-COMMERCE DISPUTE SETTLEMENT IN VIETNAM: THE REALITY AND LEGAL RESOLUTIONS SUGGESTED UNDERGRADUATE THESIS MAJOR: BUSINESS LAW Degree program: Full-time Class of QH-2014-LKD HANOI, 2018 VIETNAM NATIONAL UNIVERSITY, HANOI SCHOOL OF LAW Tran Minh Ha BUSINESS-TO-CONSUMER E-COMMERCE DISPUTE SETTLEMENT IN VIETNAM: THE REALITY AND LEGAL RESOLUTIONS SUGGESTED UNDERGRADUATE THESIS MAJOR: BUSINESS LAW Degree program: Full-time Class of QH-2014-LKD SUPERVISOR: DR PHAN THI THANH THUY HANOI, 2018 STATUTORY DECLARATION I herewith formally declare that I have developed and written the submitted Barchelor’s Thesis independently with guidances from Dr Phan Thi Thanh Thuy I did not use any outside support except for the quoted literature and other sources mentioned at the end of this paper This Thesis was not used in the same or in a similar version to achieve an academic grading or is being published elsewhere Hanoi, April 20th, 2018 Signature of Bachelor Candidate Tran Minh Ha ABBREVIATIONS ADR Alternative Dispute Resolution APEC Asia-Pacific Economic Cooperation ASEAN Association of Southeast Asian Nations B2B Business-to-business B2C Business-to-consumer C2B Consumer-to-business C2C Consumer-to-consumer CPTPP Comprehensive and Progressive Agreement for transpacific Partnership E-commerce Electronic commerce EDI Electronic Data Interchange E-transaction Electronic transaction EU European Union IBM International Business Machines Corporation ICT Information and Communication Technology MLEC The Model Law on Electronice Commerce ODR Online Dispute Resolutions OECD Organisation for Economic Co-operation and Development TPP Trans-Pacific Partnership Agreement UNCITRAL United Nations Commission on International Trade Law VIAC Vietnam International Arbitration Center VIP Very important people VNA Vietnam Airlines WTO World Trade Organization TABLE OF CONTENT STATUTORY DECLARATION ABBREVIATIONS INTRODUCTION Chapter 1: Some theoretical issues of e-commerce, business-to-consumer ecommerce and business-to-consumer e-commerce dispute 1.1 E-commerce and the corelation with business-to-consumer e-commerce 1.1.1 Definition of e-commerce 1.1.2 Features of e-commerce 11 1.1.3 Forms of e-commerce 13 1.1.4 The corellation with business-to-consumer e-commerce 14 1.2 Business-to-consumer (B2C) e-commerce 14 1.2.1 Definition 14 1.2.2 Features of business-to-consumer e-commerce: 16 1.3 Business-to-consumer e-commerce dispute 17 1.3.1 General concept 17 1.3.2 Features of business-to-consumer e-commerce dispute 18 Chapter 2: The reality of applying the Law on business-to-consumer e-commerce dispute settlement 21 2.1 The Law on business-to-consumer e-commerce dispute settlement 21 2.1.1 The concept of the Law on business-to-consumer e-commerce dispute settlement 21 2.1.2 The role of the Law on business-to-consumer e-commerce dispute settlement22 2.1.3 Principles of business-to-consumer e-commerce dispute settlement 23 2.1.4 Forms of business-to-consumer e-commerce dispute resolution 24 2.2 The legal system of business-to-consumer e-commerce dispute settlement 28 2.2.1 International law 28 2.2.1.1 The UNCITRAL Model Law on Electronic Commerce (1996) 28 2.2.1.2 The UNCITRAL Model Law on Electronic Signatures (2001) 29 2.2.1.3 The Trans-Pacific Strategic Economic Partnership Agreement (TPP) 30 2.2.1.4 The role of the Organisation for Economic Co-operation and Development (OECD) in the context of electronic commerce 30 2.2.1.5 United Nations Convention on the use of electronic communications in international contracts (New York, 2005) 31 2.2.2 The legal system of business-to-consumer e-commerce dispute settlement in Vietnam 32 2.3 The reality of applying the Law on business-to-consumer e-commerce dispute settlement in Vietnam 35 2.3.1 Dispute settlement over business-to-consumer e-commerce contracts 35 2.3.1.1 Dispute over the process of entering into business-to-consumer e- commerce contracts 35 2.3.1.2 Dispute over the perfomance of business-to-consumer e-commerce contracts 38 2.3.2 Dispute settlement over the protection of consumers’ personal data 44 2.4 Limitations on the application of the Law on business-to-consumer e- commerce dispute settlement in Vietnam 48 Chapter 3: Legal resolutions suggested for business-to-consumer e-commerce dispute settlement 52 3.1 The need for improvement in the Law on business-to-consumer e-commerce dispute settlement in Vietnam 52 3.2 Legal resolutions suggested for business-to-consumer e-commerce dispute 53 3.2.1 Improving regulations on business-to-consumer e-commerce dispute resolutions 53 3.2.2 Setting up and acknowledging the legality of the Online dispute resolution platform 55 3.2.3 Enhancing the effectiveness of law enforcement 59 CONCLUSION 62 REFERENCES 63 INTRODUCTION Rationale Electronic commerce, commonly referred to as e-commerce, is a new trend in the Industry 4.0 where people are shaped in the manner of shopping for products online The e-commerce market has gained popularity among the western countries, in Europe, the United States and is currently penetrating in Asian countries Research has shown that e-commerce market is expected to grow to over $20 billion by the year 2020 Ecommerce in Vietnam is more developed than some Southest Asian countries and is anticipated to expand in the coming years In particular, business-to-consumer ecommerce, one of e-commerce forms, is gaining popularity in Vietnam recent years With the fast growing in this type of commerce comes more legal concerns for dispute settlement Disputes in business-to-consumer e-commerce may arise more than in traditional commerce environment for many reasons That is why it is necessary to study and clarify matters surrounding business-to-consumer e-commerce dispute settlement In reality, although many business-to-consumer e-commerce transaction protocols have been proposed, very few of them have paid enough attention to the support of dispute handling Therefore, the legal framwork of business-to-consumer ecommerce in Vietnam must be changed to adapt to the world development of dispute settlement In this thesis, I study the aspects of business-to-consumer e-commerce transaction relating to dispute settlement I also concentrate on different types of disputes that may occur during business-to-consumer transactions and discuss the effectiveness of law enforcement in the dispute settlement Indeed, the fast growing in e-commerce disputes has pushed legislators at national level to adopt new legal instruments to deal with it and foster the development of business-to-consumer ecommerce Thus, the thesis will suggest legal resolutions which are more applicable to handle disputes effectively and enhance the confidence of businesses and consumers in e-commerce transactions One of the outstanding suggestion for Vietnam is to set up the Online dispute resolution platform as provided example from the European Union Online dispute resolution will support Alternative dispute resolution (ADR) with online platform, which may act as a lower-cost, time-saving and easily applied dispute resolution for the parties to protect their legitimate rights (to consumers) and reputations (to businesses) Online Dispute Resolution is a recommended solution in the world, hence, Vietnam needs to adopt this platform as soon as possible to catch up with the development of e-commerce trend Objectives of research The objectives of this thesis is to clarify the basic content of e-commerce, business-to-consumer e-commerce, arising disputes and the enforcement of law on dispute resolution in reality The thesis also identifies limitations and its causes in order to provide new legal solutions that may improve the effectiveness of business-toconsumer e-commerce dispute settlement To achieve the objective of the topic, the research task must satisfy these following points: First, some theoretical issues of e-commerce, business-to-consumer e-commerce and its dispute such as the definition and features shall be clarified Second, the reality of applying Law on business-to-consumer e-commerce dispute settlement shall be analysed with different dispute resolutions and its limitations Third, legal resolutions are proposed to improve legal provisions on business-toconsumer dispute settlement in Vietnam Subjects and scope of research Subjects of research Subjects of the thesis are the application of Law on business-to-consumer ecommerce dispute settlement in reality and legal provisions suggested Scope of research Scope of research focuses on matters arising from business-to-consumer ecommerce dispute settlement and the application of governing law in reality Based on that, the thesis will evaluate the limitations, reason the the need for improvement in legal system and provide efficient legal resolutions to business-to-consumer e- commerce dispute Research methodology The thesis uses the following research methodologies: Part 1: Synthesis, collection, analytical method to clarify the definition and feature of e-commerce, business-to-consumer e-commerce, business-to-consumer ecommerce dispute Part 2: Data analytical, comparative, collection methodto evaluate the application of law on business-to-consumer e-commerce dispute settlement as well as its limitations Part 3: Analytical, synthesis, forecasting method to provide solutions to the improvement of legislation and law enforcement in Vietnam CHAPTER CONCLUSION Chapter of the thesis has clarified the provisions of legal documents in the international and national scope in the B2C e-commerce dispute settlement Vietnam’s legal framework has also been analyzed to point out the advantages and drawbacks in supporting the parties to resolve disputes In this chapter, examples of dispute settlement in Vietnam are provided to show the application of law in reality Disputes arising in B2C e-commerce are normally because of the traders’ deception, the delivery of goods with the return policy and the quality of advertised services Chapter then pointed out limitations on the process of dispute settlement in legal system and its application in reality 51 Chapter 3: Legal resolutions suggested for business-to-consumer ecommerce dispute settlement 3.1 The need for improvement in the Law on business-to-consumer ecommerce dispute settlement in Vietnam In Vietnam, online retail makes up about 1% of the total retail market Various forecasts predict that this number will significantly multiply by 2020 Drivers to this growth are an increase in smartphone and Internet penetration rates as well as growing customer openness to online shopping Notably, Facebook has also become one of the leading platforms for online purchasing in Vietnam Surveys cited in the report state that a double-digit share of online consumers have placed orders via this social network The numbers up here shows that B2C e-commerce is in its infancy but is growing steadily in Vietnam, hence, disputes through online transaction are inevitable However, traditional methods of dispute settlement are not compatible with the new trend of economics and society in this Industrial Revolution The disputing parties need a quicker, cheaper and more efficient dispute resolution Barriers still exist such as poor logistics infrastructure that stop e-commerce from reaching its full potential Therefore, more efforts should be made to introduce new means of enforcing B2C electronic contracts and disputes resolution across the country, which mentioned here is the ODR platform Besides, the long term prosperity of B2C e-commerce also depends upon the existence of consumers' confidence and the availability of adequate supporting legal framework with effective means of enforcement That is why Vietnam should concern more on establishing regulatory frameworks that are fair, open and market-oriented nowadays It is also important that the improvement in the legal system needs to base on the inheritence, promotion of the positive side of the existent laws on e-commerce; the amendment, supplement or abolishment of inappropriate regulations; the consistency and feasibility of law enforcement In addition, the law on B2C e-commerce dispute settlement must be ensured that all matters arising shall be readjusted and covered As well as that, the improvement in Law on online dispute resolution need to be in 52 accordance with international laws in the context of international economic intergration trend Vietnam has signed up several international laws, which are the UNCITRAL Model Law on electronic commerce and electronic signatures,… These laws provide recommendations and guide Vietnam in developing national law on e-commerce Therefore, it is necessary to review the provisions of domestic law and compare them with international law to amend better regulations for e-commerce dispute settlement 3.2 Legal resolutions suggested for business-to-consumer e-commerce dispute 3.2.1 Improving regulations on business-to-consumer e-commerce dispute resolutions (1) About the method of negotiation and conciliation As mentioned above, these two methods are mostly used to resolve disputes between companies and consumers They prove to support the parties in B2C dispute settlement because of low cost and easy application In the Decree No 52/2013 on Ecommerce and other related documents, the provisions are unspecific about types of ecommerce dispute resolution and the order for the parties to apply Usually when a dispute arise, the first method to apply is negotiation If the settlement of dispute by negotiation fails, the parties shall proceed with the conciliation which involves a third party to better reach agreement If it does not work, the two parties may apply the dispute resolution procedure at the arbitration or court Therefore, the Decree needs supplement of prior method order in dispute resolution Practically, if settling dispute by conciliation through online platform with close and thorough inspection and examination is regulated more specified, it will contribute to the success of dispute resolution and help protect consumers’ right in B2C e-commerce (2) About the method of arbitration This method is less used than the other two above The absence of commercialintermediary organizations in Vietnam leads to the problem of less application in arbitration The idea of arbitration in Vietnam is still far stranger than that in other the ASEAN countries Currently the Vietnam International Arbitration Center (VIAC) 53 offers commercial arbitration services, yet, there is no official intermediary organizations that offer meditation in Vietnam.[13] Therefore there is a need to reform legal framework of dispute settlement that new separate law on meditation and arbitration should be promulgated as legal basis for the establishment of intermediary organizations in Vietnam (3) About the method of court The Civil Procedure Code (2015) has not provided separate regulations on the order and procedures to settle e-commerce disputes Cases and claims are not resolved consistently in each local court In addition, because online disputes are related to many different areas, businessses as disputing party often does not know where to send their claim to the regulatory authorities, which may extent time of settlement Therefore, it is necessary to develop specific regulations of the order, procedures and conditions for initiating class action and collecting electronic evidences In order to collect electronic evidences in accordance with the court’s decision, the law should provide: - Specify the right to request for computer data in the form of portability, visibility and readability from the network service providers and computer owners This is important because with the rapid development of information and communication technology, technological investment should not be ignored However, the authorities can not afford to invest in advanced equipment to find, collect, block information and especially transfer information in digital form, such as the IP protocol into form that can be read, heard, or seen - Regulates access to and retrieval of data - Regulates the preservation of electronic data that have been transmitted through network, especially data that is at risk of being lost or modified, in order to force the computer managers to keep confidential and preserve the information for a maximum time of 90 days, which would allow the competent authorities to seek and seize the information related to the case 54 - The right to request for subscriber information, information of access, call detail record, and other related information from telecommunicationand internet service providers In addition, to ensure the legitimate interest of consumers, a representative mechanism should be established through the Vietnam Standards and Consumers Association in the localities A consumer protection agency should be authorized by a groups of consumers with common interest and act as a representative to initiate lawsuits, participate in the procedure at court or settle a dispute at a commercial arbitration If this mechanism is launched, it will help save time and money for groups of consumers and ensure social order 3.2.2 Setting up and acknowledging the legality of the Online dispute resolution platform The Industrial Revolution 4.0 has brought up numerous trading opportunities online for businesses around the world, which is no exception to Vietnam However, opportunies came with more disputes arising that dispute resolutions must be also changed to adapt with the new trend of economics and society Studies have shown that when problems occur in B2C e-commerce, an accessible and responsive complaint handling procedure is immediately required by consumers That is the reason why the Online dispute resolution (ODR) platform was created The ideas of the ODR platform were first published in a series of online articles by VirtualCourthouse beginning in 1996 The ODR was born from the synergy between ADR and ICT24, as a method for resolving disputes that were arising online, and for which traditional means of dispute resolution were inefficient or unavailable.[14] This platform, which was then developed by the EU, offers a single point of entry that allows EU consumers and traders to settle their disputes for both 24 Information and Communication Technology 55 domestic and cross-border online purchases Although the ODR is not unfamiliar with developed countries, it is still new in Vietnam ODR uses technology to faciliated the resolution of disputes between online It primarily involves negotiation, meditation, conciliation or arbitration, or a combination of all three, which is often seen as being the online equivalent of alternative dispute resolution ODR helps enable ADR to become more efficient, faster and less expensive Here under are how ODR works with different ADRs [15]: (1) Online negotiation: Online negotiation will include a blind bidding negotiation, which involves the parties confidentally submitting to the ODR plaform the amounts they would consider fair to reach an agreement If one of the figures coincides with the amounts introduced by the other party, the ODR platform informs the parties that an agreement can be reached on such an amount The information submitted is never disclosed to the counterpart or third party, and both are free to settle an agreement or to use other methods of resolution instead (2) Online mediation: If online negotiation does not work, ODR mechanism usually scale into a second stage or level and parties participate in a meditation process where a third neutral party assists them to facilitate an agreement The neutral party is asked to conduct the mediation in an effective, impartial and competent manner During the mediation the rights of the parties are not assessed by the neutral, who is not entitled to make any decisions Electronic systems “assist” the parties generating informal proposals or recommendations, and parties are assisted by mediators that participate online Communications can be synchronous (e.g cyber conferencing, chats) or asynchronous (e.g e-mail) Platforms may also have incorporated private chats with the neutral – caucuses – and common areaswhere each party may assert arguments without showing their identity These services often offer complementary phone support (3) Online conciliation: Online conciliation involves the third party not only assisting in finding a solution but proposing formal solutions as well The main difference between online conciliation and mediation lies in the fact that conciliators 56 actively assist in the process and build solutions that are then formally submitted to the parties (4) Online arbitration: Arbitration, the most popular amongst the decisionoriented methods of dispute resolution, rests on a key element, the arbitration agreement Whether in the form of a clause embedded in a contract, or whether an independent document, the arbitration agreement should represent the genuine expression of the parties’ self-determination and will In an ad hoc arbitration process, parties preserve the right to determine the process flow by means of an agreement Therefore, there may be as many arbitration proceedings as arbitration courts or ad hoc arbitration agreements All of them, nevertheless, are committed to the respect of the principle of adversarial process It is no doubt that ODR enables the parties of B2C online transactions to settle disputes out of court in a simple, fast and low-cost way This will develop a new culture of out-of-court, conciliatory dispute resolution between consumers and traders Moreover, ODR can help increase consumer’s access to justice Consumers can easily share information and their experiences relating to transactions such as feedbaks and ratings in private without any geographical limits or costs through this platform In such case, businesses have to satisfy consumers’ concerns and interest and allowthem to complain on any matters Therefore, the ODR platform should be encouraged to set up in Vietnam so as to meet consumers’ requirement of better dispute resolution Vietnam can learn from experiences of EU ODR platform On 9th January, 2016, EU Regulation 524/2013 on online dispute resolution for consumer disputes entered into force The ODR platform’s purpose is to resolve disputes between consumers and businesses arising from a good or service purchased online within the EU It works cross-border, is faster, simpler and more cost efficient than going to court, offering benefits to both parties To make the platform efficient, online traders who use ADR must inform consumers of the dispute resolution bodies by which they are covered They are also required to provide consumers with a link on their website to the ODR platform or their email addresses to contact Since its launch, more than 24,000 57 consumers have used the ODR Report on the functioning of the EU ODR platform in 2017 also shows that “40% of consumers who submitted a complaint on the ODR platform that was automatically closed after 30 days had been contacted directly by the trader to solve the problem without any further progression of the complaint on the platform” and “A user feedback survey conducted in July and August 2017 indicated that 71% of visitors to the ODR platform found it useful” [16] In general, the EU ODR platform received positive feedbacks from consumers and help engage traders in settling the dispute rapidly without taking the complain to a dispute resolution body These statistics above offer positive experience for Vietnam to start enforcing the ODR platform There are opinions that it is possible to amend the Law on Etransactions in which provisions on the use of ODR platform may be supplemented More specific regulations to guide this new dispute resolution should be developed in a particular decree In Vietnam, the result of out-of-court mediation can be recognized by the court According to the Article 416 Civil Procedure Code of 2015, the Court shall consider issuing the decision to recognize the result of an out-of-court mediation in a dispute between agencies, organizations and individuals that is conducted by a competent agency, organization or individual according to law regulations on mediation to be a successful mediation result However, not until 2017 have regulations of commercial meditation come into force that a formal mechanism to establish the effect of out-ofcourt meditation result This may be a legal advantage to support the development of the ODR platform in Vietnam The Judge shall make decisions to not recognize the successful out-of-court mediation result when conditions mentioned above are not fully satisfied However, the refusal to recognize the successful out-of-court mediation result shall not affect the contents and legal value of such out-of-court mediation result (Clause 6, Article 419 Civil Procedure Code of 2015) The decision to recognize or to not recognize a successful out-of-Court mediation result shall immediately take effect and shall not be appealed against according to appellate procedures 58 In order for ODR to work effectively in Vietnam, there is a need to involve the supervision of competent agencies in the legality of ODR Violations that infringe upon the legitimate interests of consumers and the traders’ hestitation in resolving disputes must be handled promptly and thoroughly In addition, Vietnam should also take EU as an example in the construction of a national portal 25 governed by the government agencies, which then may receive complaints from consumers It is also important that online websites must connect to the national portal so as to gather information about their arising disputes and try to resolve them as soon as possible In addition, along with the suggestion to improve the legal corridor, e-commerce businesses should be more dynamic in the development of the ODR platform These businesses have not applied ODR to resolve e-commerce disputes, which may affect the confidence and enjoyment of consumers in shopping online.[17] Therefore, it is necessary to supplement more provisions of law on ODR mechanism by technical measures such as: - Websites and electronic trading platforms must be provided with full information of steps and order of dispute settlement so that the consumers can be aware of their rights and obligations; - Ensure that the websites are designed in accordance with standard interfaces and show full content of contracts with specific terms of objects, prices, payment method, rights and obligations of the parties and means of dispute resolution 3.2.3 Enhancing the effectiveness of law enforcement Along with the improvement of legal framework, it is also necessary to imporve the capacity of law enforcement from organizations, competent agencies and officials to settle disputes Legal provisions on e-commerce dispute settlement are sometimes implemented confusingly by state agencies Therefore, it is vital to strengthen the capacity of competent agencies in order to supervise the process of dispute 25 Phan Thi Thanh Thuy, Giai quyet tranh chap thuong mai truc tuyen: Nhung van de phap ly dat cho Viet Nam, Tap chi Khoa hoc DHQGHN: Luat hoc, Tap 32, So (2016) 38-45 59 settlement.Besides, with the development of the ODR platform, the government agencies should reinforce their supervision so as to discipline activities in ODR This can create confidence in the development of e-commerce in Vietnam In addition to that, the judges, arbitrators and conciliators should be provided with knowledge and skills in dealing with e-commerce disputes Lack of trained and educated specialist in dispute resolutionmay prolong the time and affect the accuracy of dispute settlement Consumers in different areas of the country also needs to be propagated of benefits as well as warned of risks in e-commerce activities To ensure the ODR platform is easily accessible to consumers, and to incentivise businesses to adopt ADR mechanisms, the government will require businesses to inform consumers about the ADR providers which cover their particular business Information about the ADR providers and their contact details will need to be included on their website and in any contracts, terms and conditions, invoices and receipts generated by any transaction between the parties Businesses will also need to state whether or not they are committed to using ADR to resolve online disputes Therefore, the government should make huge efforts to create awareness and educate people about the effective means of enforcing their rights and resolving disputes, In conclusion, the improvement of dispute resolution mechanism in B2C ecommerce will help to ensure the legitimate rights and interests of the parties involved and strengthen the consumer trust and confidence in e-commerce transactions It is of importance to develop appropriate mechanisms and improve the capacity of law enforcement in order to resolve B2C e-commerce disputes with low cost, easily accessible and effective services 60 CHAPTER CONCLUSION Chapter raises the importance of improving the law on B2C e-commerce dispute settlement It also suggests several legal resolutions in order to improve the domestic law such as: improving regulations on B2C e-commerce dispute resolution; Setting up and acknowledge the legality of the ODR platform and enhancing the effectiveness of law enforcement The improvement of dispute resolution mechanism in B2C e-commerce will help to ensure the legitimate rights and interests of the parties involved and strengthen the consumer trust and confidence in e-commerce transaction 61 CONCLUSION Providing a quick and convenient way of exchanging goods and services both regionally and globally, e-commerce has boomed in recent years Business-toconsumer which represent the main categories of e-commerce has rapidly developed in Vietnam these years Along with this development, the numer of conflicts has increased considerably in this area Disputes arising in business-to-consumer e-commerce include failure to deliver, late delivery, false or deceptive information on price and product, and leak of personal data privacy Those disputes are difficult for courts and traditional alternative dispute resolution to handle, thus, these issues have been studied carefully in this thesis To be more specific, the thesis has clarified the basic contents of business-toconsumer e-commerce, the dispute settlement and the law governing this area It also evaluates the application of law on dispute settlement in reality and analyze the existent limitations Research shows that when disputes arise, an accessible and responsive method is what consumers and companies demand Alternative dispute resolutions carried out in traditional way is not preferred these days because they cannot be wellsuited to the fast-paced and relentlessly globalized world of business-to-consumer ecommerce Therefore, national legislations need to adope new tailored mechanisms that not impose costs, delays and burdens when settling business-to-consumer ecommerce dispute, which herein is the Online dispute resolution method The development and improvement of the legal framework for business-toconsumer e-commerce dispute settlement in our country needs to harmonize with legal provisions of other countries and access to international standards However, the process of lawmaking needs to take into account Vietnam’s cultural characteristics and native people’s habit, along with the technological basement 62 REFERENCES Legal documents 1.1 The UNCITRAL Model Law on Electronic Commerce (1996) 1.2 The UNCITRAL Model Law on Electronic Signatures (2001) 1.3 The Trans-Pacific Strategic Economic Partnership Agreement (TPP) 1.4 United Nations Convention on the use of electronic communications in international contracts (New York, 2005) 1.5 National Assembly, The constitution of the socialist republic of Viet Nam dated 2013 1.6 National Assembly, Commercial Law No 36/2005/QH11 dated June 14th, 2005 1.7 National Assembly, The Civil Code No 91/2015/QH13 dated November 24th, 2015 1.8 National Assembly, Law on E-transactions No 51/2005/QH11 dated November 29th, 2005 1.9 National Assembly, Law on Information Technology No 67/2006/QH11 dated June 29th, 2006 1.10 National Assembly, Law on network information security No 86/2015/QH13 dated November 19th, 2015 1.11 National Assembly, Law on Protection of Consumer Rights No 59/2010/QH12 dated November 17th, 2010 1.12 National Assembly, The Civil Procedure Code No 92/2015/QH13 dated November 25th, 2015 1.13 Government, Decree No 52/2013/ND-CP dated May 16, 2013 on E-commerce 63 1.14 Government, Decree No 35/2007/ND-CP dated March 8, 2007 of the Government on banking e-transactions 1.15 The ministry of industry and trade, Circular No 09/2008/TT-BTC dated July 21st, 2008 guiding the e-commerce Decree regarding information supply and contract conclusion on e-commerce websites Materials/Websites [1,10] Catherine L Mann (2000), Electronic Commerce and Trade Facilitation in APEC at goo.gl/E7YpL4 [2,10] United Nations, UNCITRAL Model Law on Electronic Commerce (1996) with additional article bis as adopted in 1998 and Guide to Enactment at goo.gl/gqpnsP [3,24] Chin Eang Ong (2015), “The Types of Redress Procedures in Business-ToConsumer (B2C) E-Commerce”, Twenty-first Americas Conference on Information Systems, Puerto Rico atgoo.gl/t5qsmK [4,25] Ethan Katsh, Janet Rifkin, Alan Gaitenby, “E-commerce, E-disputes, and Edisputes Resolution: In the Shadow of “eBay Law””, Ohio state journal on dispute resolution, [Vol.15:3 2000] atgoo.gl/jVXnaa [5,26] Taxonomy of ADR models from the developed and developing world, Appendix A at goo.gl/cMcFTz [6,27] Walker, David (1980), “The Oxford companion to law”, Oxford: Oxford University Press, p 301, ISBN 0-19-866110-X [7,29] Uncitral Model Law On Electronic Signatures (2001) [8,31] UNCITRAL, United Nations Convention on the Use of Electronic Communications in International Contracts (New York, 2005) at goo.gl/KFUbSK 64 [9,31] United Nations, United Nations Convention on the Use of Electronic Communications in International Contracts at goo.gl/Y4fKFb [10,35] Lê Văn Thiệp (2016), Pháp luật thương mại điện tử Việt Nam nay, Luận án Tiến sĩ Luật học, Viện hàn lâm Khoa học xã hội Việt Nam – Học viện khoa học xã hội, Hà Nội, 58 [11,36] Cornell University Law School, Legal Information Institute: Adhesion Contract (Contract of Adhesion) at goo.gl/iq7Kpa [12,45] Lexology (2017), “Data Security and Cybercrime in Vietnam” athttps://goo.gl/NJMyGh [13,54] Phan Thị Thanh Thủy (2016), “Giải tranh chấp thương mại trực tuyến: Những vấn đề pháp lý đặt cho Việt Nam”, Tạp chí khoa học ĐHQGHN: Luật học, Tập 32, Số 4, 38-45 [14,55] E Katsh, and J Rifkin, J Online Dispute Resolution: Resolving Conflicts in Cyberspace (San Francisco, Jossey-Bass, 2001) [15,56] Aura Esther Vilalta, ODR and E-commerce at https://goo.gl/FhC3tH [16,58] European Commission, Report From The Commission To The European Parliament And The Council on the functioning of the European Online Dispute Resolution platform established under Regulation (EU) No 524/2013 on online dispute resolution for consumer dispute at https://goo.gl/Y5RPi3 [17,59] Bộ Tư Pháp (2017), “Hoàn thiện khung khổ pháp lý cho mơ hình giải tranh chấp trực tuyến” at https://goo.gl/rYQvbt 65 ... Chapter 1: Some theoretical issues of e- commerce, business- to- consumer ecommerce and business- to- consumer e- commerce dispute 1.1 E- commerce and the corelation with business- to- consumer e- commerce. .. applying the Law on business- to- consumer ecommerce dispute settlement 2.1 The Law on business- to- consumer e- commerce dispute settlement 2.1.1 The concept of theLaw on business- to- consumer e- commerce. .. 3: Legal resolutions suggested for business- to- consumer e- commerce dispute settlement 52 3.1 The need for improvement in the Law on business- to- consumer e- commerce dispute settlement