Chuyển nhượng dự án xây dựng nhà ở thương mại theo pháp luật việt nam từ thực tiễn thành phố hồ chí minh tt tiếng anh

Therefore, with the desire to research, analyze and understand more deeply the responsibilities of social organizations in protecting the rights and interests of consumers, the author ch

ACADEMY OF SOCIAL SCIENCES OF VIETNAM

GRADUATE ACADEMY OF SOCIAL SCIENCES

UNDER VIETNAM’S LAW

Major: Economic Law Major Code : 9.38.01.07

SUMMARY OF DOCTORAL THESIS IN LAW

PGS.

HANOI, 2020

The Work completed at:

GRADUATE ACADEMY OF SOCIAL SCIENCES

Academic Supervisor: ASSOC PROF.DR BUI NGUYEN KHANH

1 st Peer-reviewer: ASSOC PROF.DR Tang Van Nghia

2 nd Peer-reviewer: ASSOC PROF.DR Le Thi Hoai Thu

3 rd Peer-reviewer : PROF.DR Đinh Thị My Loan

The Thesis is defended before the Doctoral Examination Board

at the Academy level at Graduate Academy of Social Sciences

At… , ……(day)………(month), 2020

The Thesis is kept at:

- The National Library of Vietnam

- Library of the Graduate Academy of Social Sciences

LIST OF PUBLICATION RELATED TO THE THESIS

1 La Truong Anh (2018), “Social orgnizations protecting

consumers in Vietnam”, Journal of Social Sciences Manpower,

No.10/2018

2 La Truong Anh (2018), “The role of social organizations in

protecting the rights and interests of consumers”, Journal of

Democracy and Law, No.11.2018

INTRODUCTION

1 Necessity of the Thesis

Currently, deriving from the needs and social significance of social organizations in protecting the rights and interests of consumers, inadequacies

in the development and application of laws on the responsibilities of social organizations in protecting the interests of consumers in Vietnam, research gaps are existing Therefore, with the desire to research, analyze and understand more deeply the responsibilities of social organizations in protecting the rights and interests of consumers, the author chose the topic

“Responsibilities of social organizations in protecting the rights and interests of consumers under Vietnam’s law” as the title of doctoral thesis so as to respond

to the current requirements of theoretical, legal and practical basis in Vietnam

at present

2 Objectives of the Thesis

The objectives of the thesis are to clarify theoretical issues about responsibilities of social organizations in protecting the rights and interests

of consumers; analyze and assess the current status of the law and practice

of responsibilities of social organizations in protecting the rights and interests of consumers in Vietnam at present; thereby, propose orientation and solutions to improve the law on responsibilities of social organizations

in protecting the rights and interests of consumers

3 Research Objects and Scope of the Thesis

The object of the thesis is the legal provisions on responsibilities of social organizations in protecting consumers’ rights and interests At the same time, the author studies the practice of responsibilities of social organizations in protecting the rights and interests of consumers under current laws of Vietnam

Scope of content research: Responsibilities of social organizations in protecting the rights and interests of consumers are of broad issue, with many different contents There are also many social organizations responsible for protecting the rights and rights of consumers with different scope of responsibilities However, within this thesis, the author forces on the

Vietnam Consumers Protection Association as the social organization protecting consumers' rights and interests

Scope of research space and time: Based on applicable practices, the thesis summarizes and evaluates the responsibilities of the Vietnam Consumers Protection Association since 2010 (when the Law on the Protection of Consumers’ Rights was introduced) to date

4 Methodology of the Thesis

The thesis is conducted on the basis of dialectical materialism and historical materialism methodology of the Marxism- Leninism, Ho Chi Minh Ideology, the views of the Party and laws of the State on responsibilities of social organizations in protecting the rights and interests of consumers

The thesis uses the following research methods:

- Analysis method

- Synthesis method

- Comparative law method

- Statistic and observation method

5 New contributions of the Thesis

So far, there have been many domestic and international studies on social organizations protecting consumers' rights and interests, however, these studies are mainly general research In particular, independent research works, surveys

on the responsibilities of social organizations in protecting the interests of consumers in Vietnam are not available, on the other hand, the regulations on responsibilities of organizations social organizations in protecting the rights and interests of consumers were included in the Law on the Protection of Consumers’ rights without solid grounds Therefore, this is the first time to have a comprehensive, specific research with detailed basis, practical activities

on the responsibilities of social organizations in protecting the rights and interests of consumers The thesis presents the theoretical basis of responsibilities of social organizations in protecting the rights and interest of consumers This is a scientific basis to propose orientation and solutions to improve the law and the effectiveness of law enforcement on responsibilities of social organizations in protecting the rights and interests of consumers The thesis also studies the participation of social organizations in protecting

consumers’ rights in some countries in the world This is the basis and lesson for the development of legislation on responsibilities of social organizations in protecting the rights and interest of consumers in Vietnam at present In addition, the thesis also provides a comprehensive study of the current situation

of legal adjustment and the practice of responsibilities of social organizations

in protecting the rights and interests of consumers in accordance with the current law of Vietnam, including: consumer education, representing consumers in lodging consumer complaints, representing consumers in filing civil cases, social criticism and assessment; goods inspection and product testing; organizing boycott campaigns; developing networks of consumer protection associations; providing state agencies with information about violations of organizations and individuals trading goods and services On this basis, the thesis identifies: (i) the advantages and limitations of the law on responsibilities of social organizations in protecting consumers’ rights and interests in Vietnam in recent years; (ii) inadequacies in the process of applying the law on responsibilities of social organizations in protecting consumers’ rights and interest The thesis offers opinions, requirements and recommendations to improve the efficiency of law enforcement on the responsibilities of social organizations in protecting the rights and interests of consumers in Vietnam at present

6 Theoretical and practical significance of the Thesis

- Theoretically, The thesis has built and provided a scientific basis in terms

of theory, practice and legal aspect on responsibilities of social organizations

in protecting the rights and interests of consumers in Vietnam at present Through multi-dimensional identification of responsibilities of social organizations in protecting consumers’s rights and interests; basing on assessment of the status of the law, and provision of opinions, requirements and solutions to improve the effectiveness of law enforcement on responsibilities of social organizations in protecting the rights and interests of consumers in Vietnam Nam in the future

- Practically, the reseach findings will be a useful reference for

law-making and policy-law-making bodies in the development and improvement of law on responsibilities of social organizations in protecting consumers’

rights and interests In addition, the thesis can be used as reference for research and teaching in law schools

7 Structure of the Thesis

Apart from the Introduction, Conclusion, Bibliography, the Thesis is composed of 04 chapters

Chapter 1 LITERATURE REVIEW AND THEORETICAL BASIS OF RESEARCH

1.1 Literature review

Based on the domestic and foreign studies related to the thesis topic, some contents have been solved and need to be further clarified in the thesis

Firstly, in terms of theory: The aforementioned works have given general

awareness about responsibilities of social organizations in protecting the rights and interests of consumers in accordance with Vietnam’s law: The concept, the need for legalizing tresponsibilities of social organizations in protecting consumers’ rights and interests Accordingly, responsibilities of social organizations in protecting consumers’ rights and interests such as ensuring the rights of consumers in the use of goods and services of manufacturers is particularly meaningful for everyone in society, because "the consumer is all of us" - the weaker group Consumers are at disadvantageous because of

“asymmetric information" in consumer relations In other words, they are the ones who encounter barriers preventing them from fulfilling their legitimate rights and interests, especially, difficulties in accessing and judging the quality

of goods and services Thus, from theoretical aspect, the thesis inherits theoretical issues related to responsibilities of social organizations in protecting the rights and interests of consumers In addition, the thesis further clarifies the need for adjustment of the law on responsibilities of social organizations in protecting the rights and interests of consumers

Secondly, in terms of practice: Studies point out shortcomings and

limitations in the process of implementing the law on responsibilities of social organizations in protecting consumers’ rights and interests Previous studies

generally assess the status of the responsibilities and role of consumer protection associations without an in-depth study of social organizations The thesis will look at this perspective more thorough However, because the legal framework on responsibilities of social organizations in protecting consumers’ rights and interests has been incomprehensive, incomplete, nor criteria for assessing the current situation of responsibilitis of social organizations in protecting consumers’ rights and interests under the current laws of Vietnam have not been clearly stated Therefore, based on regulatory structure of responsibilities of social organizations in protecting the rights and interests of consumers in Vietnam, the adjustment of the law on responsibilities of social organizations in protecting the rights and interests of consumers in Vietnam, the thesis evaluates the status of law and practice of social organizations in protecting the rights and interests of consumers in Vietnam in accordance with the given issue groups

Thirdly, in terms of recommendations: Most of the studies focus on the

need to find solutions to improve laws: Consumer Protection Association, the Law on the Protection of Consumers’ Rights, consumer protection mechanism Thus, these works have solved the issue of perfecting the law to some extent However, viewpoints, needs and solutions to improve the law and effectiveness of law enforcement on responsibilities of social organizations in protecting the rights and interests of consumers have not been clearly clarified This is the task that the thesis must complete

Although the number of studies related to the thesis topic is diverse, at present, there is no systemic and comprehensive study on responsibilities of social organizations in protecting the rights and interests of consumers under Vietnam’s law Thereby, the thesis proposes recommendations and solutions to improve the effectiveness of responsibilities of social organizations in protecting the rights and interests of consumers under the law of Vietnam, especially in the process of socio-economic development, international integration and the requirement of implementing the 2013 Constitution

1.2 An assessment of literature review

By reviewing the aforementioned studies, in addition to the achievements in theory, practice and recommendations to improve responsibilities of social organizations in protecting the rights and interests of consumers, the thesis finds out several issues have not been mentioned or fully solved as follows:

Firstly, from theoretical perspective: (1) The need to legalize

responsibilities of social organizations in protecting the rights and interests of consumers has not been fully and convincingly argued (2) Regarding the concept of responsibilities of social organizations in protecting the rights and interests of consumers, social organizations in protecting the rights and interests of consumers, the law on responsibilities of social organizations in protecting rights and interest of consumers, most of the studies have yet introduced these concepts In fact, there are few works on the concept of consumer protection organizations and regulations on responsibilities of individuals of professional associations in protecting consumers' rights and interests individuals (Vien The Giang, Discussion paper at the Workshop on Socio-political organizations, socio-professional organizations, social organizations, communities and human rights)

Secondly, from practical perspective: Because there has not been a clear

identification of the legal concept of responsibilities of social organizations in protecting consumers’ rights and interests, there has not been any research providing criteria to assess the status of the law on responsibilities of social organizations in protecting consumer rights and interests, nor comprehensive and specific assessment of the current situation of the law on responsibilities of social organizations In addition, the current status of implementation of the law on responsibility of social organizations in protecting consumers’ rights and interests has been studied by a number of domestic works such as research

on the status of the role of Consumer Protection Association in protecting consumers’ rights and interests, but it has not yet highlighted issues such as the status of the law on responsibilities of social organizations in protecting consumers' rights and interest; the status of organization and operation of social organizations in protecting consumer’s rights and interests; the situation of human resources organizing the implementation of responsibilities of social

organizations in protecting consumers’ rights under the current Vietnam’s law These gaps have led to the lack of practical basis for proposing solutions to improve the law on responsibilities of social organizations in protecting the rights and interests of consumers in Vietnam in the coming time

Thirdly, in terms of solutions and recommendations: 1) The results of

literature review related to the topic of responsibilities of social organizations

in protecting the rights and interests of consumers show that there is a lack of adequate analysis and argument about the views and requirements for improving the law on responsibilities of social organizations in protecting the rights and interests of consumers in Vietnam at present Especially, in the context of implementing the 2013 Constitution and the Party's major guidelines

on building a socialist rule-of-law state, developing a socialist-oriented market economy, promoting democracy, ensuring human rights, and integrating deeply into the international community (2) Relating to the aforementioned problem

is the lack of a generally accepted opinion system on the necessary legal institution model and basic legal policy framework on responsibilities of social organizations in protecting consumers' rights and interests in Vietnam at present This is the basis for developing and promulgating legislation on responsibilities of social organizations in protecting the rights and interests of consumers in Vietnam in the coming time (3) In addition, previous studies have not developed specific solutions for each of the components of the law on responsibilities of social organizations in Vietnam at present

1.3 Issues to further studied in the Thesis

Firstly, the thesis introduces new changes in the theoretical awareness of

responsibilities of social organizations in protecting the rights and interests of consumers, the law on responsibilities of social organizations in protecting the rights and interests of consumers in Vietnam By studying the theoretical grounds of responsibilities of social organizations in protecting the rights and interests of consumers, the concept of responsibilities of social organizations in protecting the rights and interests of consumers in the world and in Vietnam, the author builds up the concept of responsibilities of social organizations in protecting the rights and interests of consumers, the law on responsibilities of

social organizations in protecting the rights and interests of consumers, the characteristics of the law on responsibilities of social organizations in protecting the rights and interests of consumers in Vietnam at present

Secondly, the thesis provides a view on the need to develop a law on

responsibilities of social organizations in protecting the rights and interests of consumers in Vietnam, the main content and principles of the law on responsibilities of social organizations in protecting the rights and interests of consumers in Vietnam at present

Thirdly, the thesis studies experience in developing and adjusting the law

on responsibilities of social organizations in protecting the rights and interests

of consumers in some countries around the world so as to draw suggestion for Vietnam

Fourth, the thesis provides criteria to assess the current status of the law on

responsibilities of social organizations in protecting the rights and interests of consumers in Vietnam at present; the current situation of adjustment and implementation of the law on responsibilities of social organizations in protecting the rights and interests of consumers in Vietnam such as: studying the situation of organizing and enforcing the law on responsibilities of social organizations in protecting consumers’ rights through the Consumer Protection Association, assessing the status of activities of a number social organizations

in protecting the rights and interests of consumers The research must clearly identify the achievements, limitations, inadequacies and causes of the achievements and limitations

Fifth, the thesis proposes orientation, solutions to impove the law and law

enforcement of the law on responsibilities of social organizations in protecting consumers’rights an interests in Vietnam at present

Chapter 2 THEORETICAL ISSUES ON RESPONSIBILITIES OF SOCIAL ORGANIZATIONS IN PROTECTING THE RIGHTS AND INTERESTS

OF CONSUMERS

2.1 Overview of responsibilities of social organizations in protecting the rights and interests of consumers

2.1.1 The concept of consumers

Consumer is a term with a fairly wide range of descriptions Clearly defining the connotation the concept of consumers is very important in order to protect the legitimate rights and interests of consumers, to avoiding the abuse

of consumer protection mechanisms for self-seeking as well as to avoid excessive and unnecessary state interference in civil relations The perceptions

of consumers in each country can be defined differently, but in summing up these views emerge three issues of subject status, access, and purpose of using goods and services

2.1.2 The concept of consumers’ rights

Consumers’ rights are privileges, expressing the needs of individuals, families and the community in daily life States, manufacturers and service providers are responsible for respecting, protecting and ensuring the rights of consumers The rights of consumers are recognized and guaranteed in national and international laws

2.1.3 The concept of social organization protecting the rights and interests of consumers

“Consumer protection organizations are social organizations of consumers established on a voluntary and equal basis, regardless of religious and belief, ethnic groups, professional qualifications, and are representative organizations

to protect the rights and interests of consumers in accordance with the law ”

2.4.1 The concept and content of responsibilities of social organizations

in protecting the rights and interests of consumers

- The concept of responsibilities of social organizations in protecting the rights and interests of consumers:

Responsibilities of social organizations protecting consumers' rights and interests are the tasks and the assigned tasks of social organizations to protect consumers, these organizations established on a voluntary, equal and non-discriminatory basis, regardless of religious beliefs, professional qualifications

and are representative to protect consumer’s rights and interests according to the provisions of law

- The content of responsibilities of social organizations in protecting the rights and interests of consumers

Firstly, consumer education

Second, data collection and product inspection

Third, filing complaints on behalf of consumers

Fourthly, filing sue on behalf of consumers

Fifth, campaigning to boycott goods that does not guarantee quality

Sixthly, developing networks of consumer protection associations

Seventh, critical and social assessment

Eighth, providing state management agencies for protection of the interests

of consumers with information on violations of organizations or individuals trading goods and/or services

2.2 Theoretical issues of law on responsibilities of social organizations

in protecting the rights and interests of consumers

2.2.1 Necessity of legal adjustment of responsibilities of social organizations in protecting consumers’ rights and interests

Currently, the process of developing the knowledge economy, the increasing impact of the technological revolution (revolution of information technology, communication, new materials technology, biotechnology, etc.), globalization and the development e-commerce have led to further specialization in terms of quality, the distance between manufacturers and consumers is increasingly far apart, the growing difference between manufacturers and consumers in terms of knowledge about products, increasing difference in terms of the economic scale between traders and consumers These make great difference between manufacturers and consumers in the actual position In this context, if consumers do not have the support tools, it is highly likely that consumers will be abused by manufacturers and distributors If only relying on its self-protection ability, consumers will be difficult to prevent and overcome the risks in participating in dealing with manufacturers, distributors of goods and services as well as in