Developing an Online Consumer Dispute Resolution Platform in the Field of E-Commerce in Vietnam: Lessons from the European Union

Abstract In recent decades, e-commerce has gradually become a thriving industry that generated a huge profit and enhanced the life quality of nations around the world, including Vietnam. Nevertheless, the development of the Vietnamese e-commerce industry has also engendered a handful of consumer disputes that could not be easily resolved through traditional, face-to-face dispute resolution methods. A consumer redress system that addresses e-commerce transactions is essential to the continued success and growth of e-commerce. In this paper, we argue that traditional domestic judicial mechanisms for legal recourse do not adequately satisfy the needs of consumers or vendors and propose an online dispute resolution (ODR) system as a more reasonable, efficient and fair alternative. The ODR system will provide a forum in the same virtual marketplace environment in which consumers purchase their goods or services, allowing broad accessibility, as well as swift and affordable recourse for the parties involved. This paper will more specifically discuss the EU experience in promoting the ODR system for consumer e-commerce disputes, which can serve as a reference for the policy makers in establishing the legal framework for ODR in Vietnam. In addition, this paper also suggests a specific set of guidelines for the essential attributes that must be present in the Vietnamese consumer ODR platform.