Bài báo Quốc tế của Giảng viên Khoa Luật: "Các xu hướng mới trong giải quyết tranh chấp thương mại điện tử trực tuyến ở Việt Nam”
Đăng trên Tạp chí Quốc tế International Journal of Ecosystems and Ecology Science (IJEES) số 12/3 năm 2022
MEGATRENDS FOR E-COMMERCE ONLINE DISPUTE RESOLUTION IN VIETNAM
Tran Van Nam1*, Nguyen Thi Nhu Quynh1, Pham Duc Chung1, Thomas G. Giglione2
1*National Economics University (NEU), Hanoi, Vietnam;
2Roster Court Appointed Mediator/Arbitrator Ontario, Canada;
*Corresponding Author Tran Van Nam, e-mail: namtv@neu.edu.vn;
Received March 2022; Accepted April 2022; Published May 2022;
ABSTRACT
The E-commerce industry in Vietnam has been on rapid growth with market records of $5billion in 2019 and a forecast of $33 billion in 2025. This rapid growth is due to increased purchases of popular products such as garments and shoes, electronics and home appliances, and as well as personal hygiene items from e-commerce giants Tiki, Lazada, Shopee, and Sendo. However, with rapid growth come rapid problems as the E-commerce industry in Vietnam faces a considerable number of disputes in the industry with incredible acceleration, as it reflects the overall struggle and aspects that the country faces in dealing with online dispute resolution. This report aims to identify and understand the megatrends in the e-commerce online dispute resolution in Vietnam while shedding light on some of the root causes for the disputes as well as existing and potential approaches for e- commerce dispute resolution. The main aim of this paper is to focus on the different existing approaches to resolving e-commerce disputes as well as provide smart contract solutions for e-commerce disputes in Vietnam. The methodology considered to achieve the aim of the study includes a juridical normative way to analyze the application of law and regulations relevant to e-commerce dispute regulations. The analysis depicts that the e- commerce development in Vietnam is bringing various benefits however, all such benefits are impossible without the optimal functionality of an e-commerce system. The Vietnam Government has created solutions to address this problem however; there is an optimal need to initiate practical solutions to contest the ever-changing industry of E- commerce.
Key words: Vietnam; Smart Contracts; E-commerce; Blockchain; Online Dispute Resolution; Legal Framework
INTRODUCTION
Vietnam is a fast-growing country in terms of digitalization and online marketing (Abernethy, 2003). According to Google and Temasek Holdings research, e-commerce would expand by $240 billion by 2023 (Linh, 2020), with Vietnam's e-commerce rising rapidly due to youth adoption of smart phones, improved legal and payment platforms, and improved logistics. Moreover, with an estimated $39 billion e-commerce market value, Vietnam is the second fastest expanding internet economy in Southeast Asia, after Indonesia (Nguyen, 2022). Around $1 billion has been put into Vietnam's e-commerce industry, with the emergence of e-commerce giants like Tiki, The gioididong, and Sendo being a few of the best e-commerce platforms in the region (Linh, 2020).
In 2021, Vietnamese online buyers bought 50% more goods online stores rose to 40% the preceding year, which led to a rise of 1.5 times the total online shopping sales in the country (Dharmaraj, 2021).
The Vietnamese Prime Minister adopted a master plan 645/QD- TTG for e-commerce development from 2021 to 2025 to have 55% of the population shopping online and expanding Business-to-Consume (B2C) by 25% annually to 10% of total online sales and consumable sales volume (Nguyen, 2022, Nguyen, Liaw & Duong, 2020). It is estimated that e-commerce will endure to grow rapidly with an annual growth rate of 30% in the period 2020 – 2025 in Vietnam (International Trade Administration, 2021). However, with all these in place and the rapid growth of e- commerce, the most significant issue is maintaining its growth rate in the future (Nguyen, 2021).This paper discusses the present state of the Vietnamese e-commerce market using statistics and market forecasts from prominent e-commerce research groups throughout the world and suggests ways of making it more efficient. This report aims to identify the megatrends in the e-commerce online dispute resolution in Vietnam while proposing solutions to it.
MATERIAL AND METHOD
1Methodology
In this paper, data collection and analysis are combined. Data collection methods included written reflection and secondary source verification. The study's context was also integrated to typical case studies to create practical solutions. This article uses a normative legal approach to assess the implementation of existing laws and regulations addressing commercial dispute resolution.
RESULTS AND DISCUSSION
Overview of the Development of E-Commerce
According to the WTO2 (2013: 2), e-commerce is "the trade or buying of products or services undertaken through computer networks using mechanisms designed to collect or place orders." But, fee and transfer of things or services are not always online. The capacity to select an item by taking a photo of it and having it physically delivered has made e-commerce a true global village. The internet facilitates communication among businesses, homes, persons, administrations, and both public and private sectors. The word “e-commerce” originated from the procedures of performing business money transfers electronically through electronic data interchange (EDI) and electronic means of transmission (EFT), allowing us to transact businesses by the exchange of information and electronic transactions (Simakov, 2020). When E-commerce was introduced into our world, entrepreneurs began setting up E-commerce businesses and selling products or services to customers around the world as a full-time job because the establishment of an web store does not involve big operating costs, technical expertise, or labour to set up and maintain (Simakove, 2020). In fact, in the early 2000s, the average cost of setting up e-commerce was estimated at
$100,000, compared to $30 now (Simakov, 2020, Malyuta & Ogol, 2019).
These are only a few of the many e-commerce advantages. Cross-border trade is the purchasing and marketing of things and services across continents and countries. The rapid development of cross-border commerce is linked to the growth of e-commerce platforms, as it reduces the time and distance between product and market (Xue, Li, & Pei, 2016). To promote trade facilitation, trade development, and effective execution of national policy, which will help solve Problems, open markets, eliminate trade barriers and a number of bottlenecks that cross-border e- commerce may bring up, such as billing, logistics, settlement and taxation (Xue, Li, & Pei, 201). Cross-border e- commerce raising global e-commerce platforms raises worries regarding connectivity. Connectivity is critical to an e-commerce system's performance. According to ITC3 (2016), a corporation can increase e-commerce capability in four ways. The first factor is the compatibility of goods and services with all e-commerce market entry criteria in
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1Nguyen, (2021) pp.127-131. Vietnam's rapid growth over the past decade is mostly due to the country's move away from a strict controlled economy to a more liberal system. For the past decade, the country has taken on reforms like deregulation which has seen an influx of private enterprises and foreign investment
2WT0, (2013) WTO covers issues related to trade arising from global e-commerce.
3ICT (2016)
accepting online business to admittance bazaars. Second, utilize cutting-edge technology to establish your web presence and accept electronic payments. The third factor is having the knowledge and skills to access foreign markets, such as language skills. The fourth factor4 has an advanced technological base to ensure security so that you can prevent fraud, information leaks, or any act that might negatively impact the foreign consumer’s confidence in your product or service (Chen & Kimura, 2020).
E-commerce Connectivity in Vietnam
Despite the rapid development of virtual sales and purchases, Vietnam's e-commerce, along with its digital technology, lacks connectivity among domestic and native enterprises, local rate chains, and the formation of a local viable platform (Hoa & Chen, 2020). Due to inefficiencies in the political-economic system, E-commerce is heavily regulated in Vietnam. For example, getting a business license takes a long time, which does not help promote e- commerce. The lack of stronger infrastructure and logistics is important to further encouraging Vietnam's incorporation into universal markets, and e-commerce can help establish these missing linkages.
E-commerce works are planned in Vietnam by Decree 52/2013/ND-CP and Circular 47/2014/TT-BCT with the Department of Commerce and Trade being its straight administration agency and with its tedious regulations and lengthy procedures, the rapid uprise of e-commerce is being threatened. Though these decrees or regulations described in 52/2013/ND-CP and Circular 47/2014/TT-BCT were done to ban certain e-commerce activities that directly violated cybersecurity in the Vietnamese e-commerce (Lind, 2020) it does also introduces lengthy administrative procedures while inimical to the promotion of e-commerce in the country. Former Alibaba CEO Jack Ma argues that high-speed Internet and more flexible administrative procedures are needed in Vietnam for e- commerce to develop (Huyen, 2017). His comments come as Vietnam's e-commerce industry grows rapidly in 2018 and 2019. In 2020, e-commerce sales reached USD11.8 billion, a 36% rise over the previous years (Figure 1).
4Chen & Kimura (2020) “E-commerce Connectivity in ASEAN”. E-commerce security is critical specifically when it comes to protecting the privacy and sensitive data of customers on a website, safeguarding the finances of an online business, preventing fraud and financial scams and defending the reputation of an online store as a safe place to conduct
Notably, e-commerce revenues have nearly doubled in current ages. With the significant growth of e-commerce and its linked elements, the maturity level in Vietnam has improved, and now the main focus is on adding new values and creativity instead of merely focusing on traditional marketing to be able to fulfil the constantly changing expectations of customers. The quick progress of e-commerce in Vietnam5 has many causes. One of the major factors driving e-commerce sales in Vietnam is the use of mobile devices (Phong & Van Tien, 2021).
Tablets and smartphones are increasingly being used by Vietnamese consumers. Another factor driving the demand for e-commerce platforms is the fact that most Vietnamese consumers want to buy and sell goods using mobile phones (Phong & Van Tien, 2021). Customer-friendly products of high durability and quality are shown to be important factors in increasing e-commerce purchases in Vietnam (figure 2).
Also, as the number of Facebook user’s increases, social networking sites have substantially boosted the element of e-commerce in Vietnam. As a result, social media has been classified as a daily e-commerce platform in Vietnam. The key factor is the rising usage of mobile phones and internet.
The country also has the most social media users, followed by Indonesia, Mexico, the US, India, the Philippines, and Brazil. With trade accounting for 85% of the country's gross domestic product (GDP), Vietnam's6 economic growth model has shifted from centralized to market-based in recent years.
This is in addition to strengthening its position within the Association of Southeast Asian Nations (ASEAN). Nevertheless, some barriers are standing in the way of that growth, which is mainly derived from the underdeveloped connectivity structure of improving trade and international markets as well as capitalizing on the rapid growth of E-commerce.
5Phong & Van Tien, (2021) (https://nearlegal.com/the-blockchain-and-cryptocurrencies-framework-in-vietnam/).
6Social media in Vietnam - statistics & facts: Statista, (2021) (https://www.statista.com/topics/8182/social-media-in-vietnam/#topicHeader_wrapper).
Regulatory framework for e-commerce
The National Assembly enacted three e-commerce laws in 2005. They are the Civil Code, Commercial Code, and E- Transactions Law. In addition, the Law on Information Technology in 2006, Penal Code 1999, supplemented and amended in 2009, Telecommunications Law 2009, Law on Customer Safety in 2010, Advertising Law 2012, Enterprise Law 2014, and Investment Law 2014 are the legal foundation for E-commerce activities and other settlements related to disputes (Chen & Kimura, 2020)7.
Issues with e-commerce connectivity in Vietnam
A Ministry of Manufacturing and Trade report on logistics and e-commerce found that while packing and shipping amenities have rise dramatically since 2015, they still cannot match the expanding e-commerce8 request (Chien, 2018). The legal, market, and human resource issues of strengthening logistics and e-commerce infrastructure in Vietnam are the main obstacles. Logistics administrative procedures are complex. There are several rules, especially for SMEs (Thao, 2018). This lengthy administrative method makes obtaining licenses, taxes, and other regulatory approvals extremely difficult, leading to dishonest business practices or the abandoning of the idea of creating an e- commerce business. There is also growing worry about the practicality of logistical services, which will inevitably entail more administrative and financial burdens.
In Vietnam, logistic services are centered in main cities like Ho Chi Minh, Hanoi, Hai Phong, and Da Nang. This makes it inaccessible to rural residents. Logistics expenses are expected to be 30% of e-commerce revenues, which is advanced than many other countries. That's why most e-commerce platforms' online purchase prices are similar to traditional purchase prices. The Vietnamese carriers' capacity is poor, and regional connectivity is lacking. Separate logistics services; cumbersome administrative procedures; lack of competent staff and experience; and insufficient technology application in e-logistics.
Causes of E-Commerce Dispute in Vietnam
E-commerce dispute is defined as the argument between customers and enterprises regarding the payment of goods and services, different contractual restrictions, the insufficient performance of contractors and suppliers, miscommunications, false policies, and breach of confidential or crucial information9 (Nhung N.T.H, 2017).
7Chien (2018) “E-commerce Connectivity in ASEAN” for more information.
8Chien (2018)
9Nhung (2017) “Online Dispute Resolution–Experience for Vietnam”.
An administrative, civil, or criminal viewpoint on e-commerce infractions is currently limited in Vietnam, according to Invest Tech Legal10. For example, despite the fact that the Criminal Code and the Consumer Protection Law contain sufficient rules, e-commerce fraud and poor-quality vendor products are not effectively enforced.
The lack of corporate ethics and standards in Vietnam is a fundamental issue surrounding the e-commerce argument (Nhung N.T.H, 2017). This is because most Vietnamese businesses do not have good ethical practices for effective e-commerce. For example, they lack strategies and processes to accept and respond to client feedback, resulting in online network disputes (Nhung N.T.H, 2017). Due to the proliferation of e-commerce platforms, domestic businesses are likewise concerned about product and service quality. In turn, customers lose confidence in these platforms, causing a shortage of goods and slowing down the rapid growth of e-commerce in Vietnam.
Tax collection is another major concern in Vietnam. Due to e-commerce transactions, organizations’ management had issues retaining records. Electronic transactions usually need high cost and control, which was a challenge for Vietnamese firms. Similarly, regulating sales and service providers of e-commerce platforms was tough. All sales and advertising are done via text messaging, social media, and other internet marketing channels, making it impossible for the government to collect taxes (Kim & Samuel, 2021)11. Because of this, e-commerce platforms have considerable access to confidential information due to the nature of the business. This created a lot of issues for the government when it came to drafting laws, rules, and regulations for online businesses. The cost of shipping is also a challenge in the e-commerce company in Vietnam, as most payments are made online (Lind, 2020)12, making it difficult for sellers to keep track of payments and monitor transactions. Inadequate management and tax calculation made it difficult for Vietnamese enterprises to manage e-commerce Company. Also, absence of e- commerce industry human resource training is one of the key causes of system inefficiencies and online e-commerce conflicts.
Most E-commerce platforms in Vietnam offer a system for resolving disputes that incorporates discussion and conciliation. If this fails, it goes to arbitration or a competent state agency to deal with it. The Civil Procedure Code, the Grassroots Mediation Law, the Labour Code, the Land Law, and the Consumer Protection Law all recognise mediation and/or arbitration. The Politburo Resolution No. 49-NQ/TW on the Judicial Reform Strategy to 2020 states: “Encouraging the resolution of one number of disputes through negotiation, mediation, arbitration ...”13 Resolution No. 37/2012 / QH13 on November 23, 2012, also requires the court sector to “improve the rate of reconciliation into civil cases”. Recently, the 2015 Civil Procedure Code has a chapter on procedural rules for the court to recognize the results of mediation outside the court.
For commercial mediation organizations and commercial disputes, the government issued Decree 22/2017/ND-CP in 2017. However, out-of-court disputes are currently underdeveloped, including criteria to assist successful mediation cases. According to a World Bank study, 173 countries offer voluntary mediation outside of court (Quang, 2018)14. The number of disagreements resolved by grassroots settlements far exceeds the number of civil cases handled by courts. Prevent infractions, ensure social order and safety; limit the number of cases presented to the People's Court for settlement, saving people time and money; promote socio-economic growth.
Shopee is one of Vietnam's largest e-commerce sites, attracting thousands of users daily. A surge in disputes between suppliers and customers is expected on the platform, with hundreds of transactions per year. Whenever. Shopee wants buyers to talk to merchants to create trust. Purchasers' funds are held by Shopee until they are satisfied. It has a customer service team that makes sure consumers are satisfied. If they have a problem, they are encouraged to speak up and bring it to light. The Seller and Buyer must first resolve any issues relating to the transaction. That's on top of Shopee's help. If bilateral negotiations fail, the case is referred to the local government for final resolution. (Tran Van Nam, 2019)15. However, the platform lacks an effective online e-commerce dispute resolution method.
10Ibid.
11Kim & Samuel, (2021) pp.9-19.
12Lind, (2020) pp. 112-250. Vietnam's export and import costs are still higher than the ASEAN average, reducing its ability to participate in the global value chain. This is largely due to the fact that Vietnam's logistics costs are so high that they account for more than 20% of its GDP, which is nearly twice as high as the GDPs of other developed economies. Other economies have advanced much faster than Vietnam's, indicating that the country has been losing its competitive edge.
13Promoting commercial dispute resolution before proceedings: Quang, (2018)
14Ibid.
15Tran Van Nam, (2019) pp. 346-360
The country has taken many steps to improve e-commerce platforms and resolve online issues. For example, the Vietnamese government adopted new tax policies and laws. So, to regulate electronic transactions and manage tax difficulties, the country's government focuses on putting up a data processing center that keeps track of every payment received (Phong & Van Tien, 2021)16. This allows the government to improve the firm's structure and resource allocation. With a web gateway, organizations can also receive and distribute any file or information to another party with just one scan or print. For example, the Trokt can validate any file after storing, renaming, or scanning it (Nhung, 2017)17. Despite this, the nature of e-commerce is customer service-based, therefore maintaining client confidence and loyalty is critical.
These include on-time delivery, refund procedures, online complaint techniques, return and exchange options. This includes new technology and client trends in e-commerce like as mobile applications and social networks. Thus, e- commerce plateform18 plays a vital part in Vietnam's development and success of its logistic system. The firms are using 4.0 technologies in logistics and transport services to boost success and deploy digital solutions. With the integration of cloud computing and Blockchain technology, businesses may now provide online services professionally. The logistics sector includes several components, such as uploading, raw material loading, warehouse product loading, and more (Nguyen, Dinh, and Nguyen, 2020). Inefficient services are highlighted in internet commerce in Vietnam, although this has been remedied with the development of advanced technology and infrastructure.
Having a mix of trustworthy dispute resolution procedures is strongly encouraged on e-commerce platforms, given most transactions involve money and are done anonymously over the internet. All e-commerce platforms should seek, practice, and encourage consumer and supplier protection. These e-commerce platforms' processes don't always fix the issue, necessitating a more reliable approach.
CONCLUSION
The study aims to identify major e-commerce megatrends and significant disputes, causes, and resolution solutions. The popularity of cellphones among the youth has accelerated the growth of the e-commerce industry in Vietnam. The rising popularity prompted legislators to create legal frameworks. In addition to the above mentioned laws, there is also the Decree 942/QD-TTG and Decree 22/2017/ND-CP. Vietnam has also deployed Blockchain technology and a legislative framework to combat cryptocurrency adoption. In 2017, the Government updated Decree 22/2017/ND-CP related to commercial mediation and proposed the Commercial Mediation Act.
This study suggests that the Vietnamese government adopt Smart Contracts, commercial mediation, the 2019 Singapore convention, and the Glen Weyl Quadratic Voting system to improve e-commerce dispute resolution. For smart contracts, Vietnam can leverage block chain technology, where parties can upload their criteria for selling and buying things, all in one place. It can also help the Vietnamese e-commerce business provide fast and accurate services to buyers and merchants. Trout is a recommended smart contract for verifying and rescanning files to resolve online buying and selling problems. The Vietnamese government should mandate ADR in law schools to promote online business mediation. As a result of the 2019 Singapore convention, the government will no longer be required to deal with issues involving parties outside its jurisdiction. Using this convention, Vietnam should speed up the creation and regulation of the Civil Procedures Code and the Law on Civil Judgement. Glen Weyl's quadratic voting can also help in successful decision-making in disagreements and should be implemented into the country's dispute resolution systems. Also, private Blockchain platforms like Kleros and RheaNet can use block chain to resolve conflicts, which will enhance the country's e-commerce dispute resolution. Finally, RheaNet and Quadratic voting can construct a decentralized block chain in Vietnam e-commerce and so grow in the e-commerce market.
Acknowledgement. The authors extend appreciation to the National Economics University, Vietnam in supporting in this research.
16Phong & Van Tien, (2021) (https://nearlegal.com/the-blockchain-and-cryptocurrencies-framework-in-vietnam/).
17Nhung, (2017) “Online Dispute Resolution–Experience for Vietnam”.
18Nguyen, Dinh and Nguyen, (2020) pp.127-131.
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