The rapid development of information technology and the Internet has created an entirely new business platform, especially e-commerce, where transactions for the purchase and sale of goods and the provision of services can be conducted quickly, without limitations of space or time. However, together with convenience and market expansion come numerous legal risks, particularly disputes arising in such transactions. The following article by NPLaw provides legal analysis and consultancy regarding common types of disputes in e-commerce activities.

I. Current situation of disputes related to e-commerce

In recent years, e-commerce activities in Vietnam have developed rapidly, contributing significantly to economic growth and the expansion of distribution channels for goods and services. Nevertheless, such a development has also led to an increasing number of legal disputes, which are becoming more diverse and complex in nature.

Common types of disputes in e-commerce include:

  • Disputes between sellers and buyers: It is the most common type, revolving around issues such as goods not conforming to descriptions, late delivery, non-delivery, refusal to provide warranty or returns, or failure to refund after order cancellation.
  • Disputes between individuals/businesses and e-commerce platforms: Conflicts may arise over shop suspension, failure to remit revenue, lack of transparency in promotional policies, or unilateral measures taken without clear grounds.
  • Disputes related to electronic contracts: Transactions conducted via electronic means (emails, websites, applications, etc.) often give rise to disagreements regarding contract validity, time of formation, evidentiary value, or unclear contractual terms.
  • Disputes concerning intellectual property rights and personal data: Many businesses face trademark infringement or copyright violations on e-commerce platforms, while consumers may be exposed to unlawful collection or use of personal information.
  • Disputes between e-commerce service providers and third parties: For example, disputes with logistics providers, payment intermediaries, or online advertising partners.

II. Legal regulations on disputes related to e-commerce

1. What are disputes related to e-commerce?

Pursuant to Clause 1, Article 3 of Decree No. 52/2013/ND-CP (as amended and supplemented by Clause 3, Article 1 of Decree No. 85/2021/ND-CP), e-commerce activities refer to the conduct of part or all of a commercial process by electronic means connected to the Internet, mobile telecommunications networks, or other open networks.

Disputes related to e-commerce are a form of commercial dispute. Commercial disputes are understood as conflicts or disagreements over rights and obligations between parties in commercial activities, in which at least one party engages in commercial activities. According to the Law on Commerce: Commercial activities are activities for profit-making purposes, including the sale and purchase of goods, provision of services, investment, trade promotion, and other profit-oriented activities according to Clause 1, Article 3 of the Law on Commerce.

Accordingly, disputes related to e-commerce may be understood as conflicts or disagreements over rights and obligations between parties arising in e-commerce activities, in which at least one party conducts e-commerce activities.

2. Methods of resolving disputes related to e-commerce

Pursuant to Article 76 of Decree No. 52/2013/ND-CP, disputes in e-commerce must be resolved through negotiation between the parties, mediation, arbitration, or court proceedings in accordance with applicable dispute resolution procedures and regulations.

  • Resolution through negotiation: It is the method most commonly chosen first by disputing parties, and in practice, most commercial disputes are resolved in this manner. The State encourages parties to apply self-negotiation based on respect for contractual freedom. During negotiations, parties may seek assistance from lawyers for legal analysis and consultancy, enabling them to understand their rights and obligations and to find a mutually acceptable solution.
  • Resolution through mediation: Mediation involves the disputing parties working through an intermediary (a mediator or mediation center) to discuss and agree upon a solution, which the parties then voluntarily implement.
  • Resolution through arbitration: Arbitration is a characteristic dispute resolution method for commercial disputes. The parties may agree to submit disputes to arbitration. After reviewing the dispute, the arbitral tribunal issues an award that is binding and enforceable on the parties.
  • Resolution through the courts: Such a method involves resolving disputes through judicial authorities in accordance with litigation procedures.

3. Jurisdiction over disputes related to e-commerce

Jurisdiction over disputes related to e-commerce depends on the nature of the dispute and the agreement between the parties, specifically:

  • People’s Courts: Resolving civil and commercial disputes upon filing of a lawsuit in accordance with the Civil Procedure Code. It is the most common authority, particularly where the parties cannot reach an agreement or lack an arbitration clause.
  • Commercial Arbitration: Where there is a valid arbitration agreement, disputes may be resolved by an arbitration center (such as VIAC) in accordance with the Law on Commercial Arbitration 2010.
  • State management authorities: In certain cases involving administrative violations (infringement of consumer rights, false advertising, fraud, etc.), authorities such as the Vietnam E-commerce and Digital Economy Agency, the Competition Authority, or cybersecurity agencies may be involved.
  • Internal dispute resolution mechanisms of e-commerce platforms: E-commerce platforms often have their own complaint-handling systems; however, these mechanisms do not have mandatory legal effect unless recognized by both parties.

III. Common questions regarding disputes related to e-commerce

1. Causes of disputes related to e-commerce

Common causes include:

  • Inaccurate or unclear information about goods or services.
  • Lack of binding terms in contracts or incomplete contract formation.
  • Failure to comply with delivery, payment, or refund policies.
  • Ineffective complaint-handling systems of e-commerce platforms.
  • Fraudulent conduct, counterfeiting, intellectual property infringements, or unlawful collection of user data.

2. Who may be affected by disputes related to e-commerce?

Affected parties include:

  • Consumers: Being defrauded, receiving counterfeit goods, or having their rights inadequately protected.
  • Sellers: Being falsely accused, having sales accounts suspended, or suffering reputational damage.
  • E-commerce platforms: Facing complaints, reputational harm, and potential administrative sanctions.
  • Intermediaries (logistics, payment services, etc.): Taking joint liability where faults are attributable to them.

3. Main considerations to avoid disputes related to e-commerce

  • Drafting clear electronic contracts with comprehensive terms (price, delivery methods, return policies, complaint procedures, etc.).
  • Retaining all transaction evidence: Invoices, emails, messages, receipts, etc.
  • Conducting transactions only through reputable platforms with consumer protection policies.
  • Carefully verifying information about partners and products prior to contract formation. 

4. Where can disputes related to e-commerce be litigated?

Depending on the nature of the dispute:

  • Before the competent People’s Court based on the defendant’s place of residence or place where the transaction occurred.
  • Before a commercial arbitration center if there is a prior arbitration agreement.
  • Additionally, complaints may be submitted to the e-commerce platform if it has an internal dispute resolution mechanism.

5. How to collect evidence when e-commerce disputes arise

  • Retaining transaction documents: Contracts, invoices, delivery notes, order details.
  • Preserving electronic communications: Emails, messages, chat records.
  • Taking photographs or videos of delivered products for comparison with descriptions.
  • Recording access logs, order codes, and notifications from e-commerce platforms.
  • Where necessary, requesting platforms or service providers to assist in verifying information, or seek expert assessment or verification by competent authorities.

IV. Legal consultancy services on disputes related to e-commerce

The above constitutes all detailed information provided by NPLaw to support clients in relation to disputes arising from e-commerce activities. Should you have any questions regarding the above matters or other legal issues, please contact NPLaw for direct consultation and guidance from our professional team.