Evaluation of Research Results of Research Projects on Organizational Implementation and Directions for Perfecting Legal Regulations on Rights Protection

In fact, many projects have implemented contents in the process of perfecting legal regulations on consumer rights protection or e-commerce in aspects such as commenting on legal regulations, assessing the suitability of legal norms, making suggestions, proposals, and recommendations to enhance the effectiveness of state management in consumer rights protection or e-commerce. Some other projects and articles have approached by studying the actual state of law enforcement, difficulties, and limitations in order to propose appropriate and timely methods and solutions for individual issues related to consumer rights protection in e-commerce.

In general, legal issues related to the specific issue of consumer protection in e-commerce are still at a general level, not specific, detailed, and scattered in many in-depth research works on consumer protection or e-commerce research. Therefore, these are also suggestions for graduate students to absorb and try to complete their thesis related to a comprehensive approach to the law on consumer protection in e-commerce in Vietnam.

1.4.4. Evaluation of research results of research projects on implementation and direction of perfecting legal regulations on consumer rights protection in e-commerce

The issue related to the organization of implementation and direction of perfecting legal regulations on consumer rights protection or e-commerce has also been mentioned by many works and articles, typically some of the works listed above. Among them, there are some works that have proposed important solutions and recommendations to resolve the relationship and balance the interests between the two basic subjects related to consumer rights protection in e-commerce including: traders and consumers. We all know that consumers are the weaker party in the relationship with business organizations and individuals, especially in the e-commerce environment with too many risks.

for consumers, so it is necessary to improve the law with the goal of ensuring consumer rights in practice.

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However, new research projects have only exploited a few aspects in the direction of perfecting the law, one is consumer protection and the other is e-commerce, but have not combined these two aspects together to have a general, multi-dimensional view of protecting consumer rights in e-commerce.

Through research and document synthesis, the researcher found that many research works on ways to improve the law or enhance the effectiveness of law enforcement on issues related to consumer rights protection in e-commerce, but these works and articles have not really analyzed the logic of the problems from limitations to solutions, but often give opinions on scattered issues such as information security, dispute resolution mechanisms or risk prevention when entering into electronic contracts. This is also a content worth considering for the researcher to draw experience in the process of researching and implementing this thesis topic.

2. Research orientation of the thesis

Grasping the spirit and research viewpoints from both theoretical and practical perspectives of the scientific works systematized above, the researcher believes that the issue of protecting consumer rights in e-commerce is one of the topical issues in the field of consumer protection law. This is also an issue that many scholars, especially scholars of economics and economic law, are interested in researching and studying. Therefore, studying and studying issues from theoretical to practical perspectives related to protecting consumer rights in e-commerce in Vietnam is always a "hot" issue, complicated but also has many practical meanings for social, political and economic life in our country, especially for Vietnam's legislative activities.

Thesis topic: "Law on consumer rights protection in e-commerce in Vietnam" in the context of the situation of consumer rights infringement when concluding e-commerce contracts is taking place with increasing numbers and extremely diverse methods. In general, before that, there were many scientific works and articles written around this topic but they have not been comprehensively approached or have been approached but not at a deep and concise level, so the thesis of the doctoral student will continue to research and resolve the remaining issues on the viewpoints that still exist, at the same time, the thesis also goes into depth to analyze and comment on the overall issues related to consumer rights protection in e-commerce from theoretical and practical perspectives. Therefore, the thesis will deploy and research the following key contents:

Firstly , it introduces the concept of consumer rights protection in e-commerce, points out the specific features of consumer rights protection in e-commerce with general consumer protection activities as well as the need to protect consumers in e-commerce activities, especially buying and selling goods over the internet.

Second , research, develop concepts and determine the legal structure regulating the issue of consumer rights protection in e-commerce, thereby determining the factors affecting the law regulating this issue. By researching and applying knowledge from sources of documents on consumer protection laws in e-commerce in countries around the world, the thesis comments on which regulations are suitable for the situation of Vietnam and evaluates the possibility of applying these regulations in our country.

Third , study the theory and practice of some legal contents regulating the issue of protecting consumer rights in e-commerce in Vietnam, including regulations on the rights and obligations of consumers in e-commerce; responsibilities of business organizations and individuals towards consumers when entering into electronic contracts; sanctions for violations and methods of resolving specific disputes between traders and consumers in e-commerce.

Fourthly , from the research and resolution issues, the thesis proposes solutions to improve the law regulating the issue of protecting consumer rights in e-commerce in Vietnam, and to increase the effectiveness of implementation. The solution is both comprehensive and detailed to ensure feasibility when applied in practice.

3. Theoretical basis of the thesis

3.1. Research theories

This thesis is researched based on the following theories:

- Theory of basic consumer rights. “Consumers, by definition, include all of us” is the opening line in a special message from US President Kennedy to the US Congress in 1962. In this message, President Kennedy also proposed four basic consumer rights, which were later supplemented by the International Consumers and currently include eight basic rights: The right to satisfaction of basic needs; The right to safety; The right to information; The right to choice; The right to be heard; The right to compensation; The right to education and The right to a healthy environment. To ensure the basic rights of consumers, especially in the development of e-commerce, there are practical and urgent requirements to research solutions to improve the law.

- Theory of protection of the disadvantaged. In legal relations in general and civil legal relations in particular, the disadvantaged are understood as those who do not have (or have difficulty in) performing acts to enjoy rights, do not have (or have difficulty in) protecting themselves or are the party that does not have (or have difficulty in) equality compared to other subjects. Consumers are considered the disadvantaged party in the relationship with business organizations and individuals. Therefore, the State has adopted legal provisions to contribute to minimizing and balancing their status to ensure the rights and legitimate interests of disadvantaged people in society, including consumers.

- Theory of information asymmetry. Asymmetric information , in economics, is a state of imbalance in the information structure - between the subjects of the transaction with unequal levels of information holding. One person will have more information than another about the subject of the transaction. In consumer transactions, consumers are limited in their ability to access information and verify the accuracy of information, so they may have to bear the disadvantages caused by this information asymmetry. Therefore, legal regulations as well as the practice of law enforcement to protect consumer rights must pay attention to this issue in order to provide solutions to overcome the information weaknesses of consumers when participating in e-commerce.

3.2. Research questions and research hypotheses

Regarding the issue of “Law on consumer rights protection in e-commerce in Vietnam”, the author raises the following research questions and hypotheses:

Question 1: What is the concept of consumer in e-commerce and consumer protection in e-commerce? What are the unique features of consumer protection in e-commerce compared to traditional consumer protection?

Hypothesis 1: Consumers when participating in e-commerce gain many benefits but also face many risks compared to traditional transactions because e-commerce activities have many different characteristics compared to traditional commerce. Therefore, the requirement for laws to protect consumers when conducting e-commerce transactions has its own characteristics, meeting the development speed of e-commerce, ensuring the rights of consumers.

Question 2: What are the contents of legal regulations protecting consumer rights in e-commerce and the current status of Vietnamese law on this issue?

Hypothesis 2: Important legal regulations when regulating consumer protection issues in e-commerce include: consumer rights in e-commerce activities; responsibilities of business organizations and individuals towards consumers in e-commerce activities; dispute resolution methods; consumer protection institutional system; sanctions for handling violations.

Question 3: What are the directions and specific solutions for perfecting the law on consumer protection in e-commerce?

Hypothesis 3: Answering the question of whether it is necessary to develop and improve the law on consumer rights protection in e-commerce with the current information technology situation in Vietnam is an extremely urgent issue. Based on the study of foreign law and the study of issues surrounding the nature and content of consumer rights protection activities in e-commerce, it will clarify the direction of improving the law in Vietnam today to suit the socio-economic situation, ensuring the rights of consumers in reality. At the same time, it will enhance the ability to enforce legal regulations, coordinate actions between state management agencies, enterprises and consumers themselves.

CONCLUSION OF THE OVERVIEW OF THE RESEARCH SITUATION

The theory and law on consumer rights protection in e-commerce is an issue of interest to research both domestically and internationally. Previous studies have certain significance in laying the foundation for subsequent studies, including this Thesis. However, there has not been any study that systematically studies and comprehensively evaluates the provisions of Vietnamese law on the issue of protecting consumers' rights when they participate in e-commerce activities.

Through the assessment of the research situation of the topic at home and abroad, the researcher believes that conducting legal research on consumer protection in e-commerce in Vietnam in the current context is extremely necessary. The research content of the thesis is to systematize and complete theoretical issues; analyze and evaluate the provisions of the law on consumer protection in e-commerce in Vietnam today, thereby proposing solutions to improve the regulations and enforcement mechanisms of the law on consumer protection in e-commerce in Vietnam in the context of international economic integration. The research results of the thesis are expected to have significant significance in ensuring consumer rights, enhancing consumer confidence when participating in e-commerce and contributing to the development of e-commerce in Vietnam.

Chapter 1: THEORETICAL ISSUES ON CONSUMER RIGHTS PROTECTION IN E-COMMERCE AND LAWS ON CONSUMER RIGHTS PROTECTION IN

E-COMMERCE

1.1. Overview of e-commerce and consumer protection in e-commerce

1.1.1. Overview of e-commerce

1.1.1.1. Concept of e-commerce

The development and explosion of the Internet and information technology systems have created the foundation for the emergence of e-commerce, marking amazing changes in global commercial activities. Since the 1960s, the first commercial application of computers has been implemented in the form of electronic payment and recording machines. Thus, it can be seen that computers have been applied to commerce before the birth of the Internet. Around the 1970s - 1980s, businesses continuously expanded the application of information technology to production and business such as: sending and receiving orders, invoices and shipping notices electronically via the electronic data interchange service (EDI). E-commerce began to develop strongly in the 1990s after the birth of the Internet. Thus, although it is no longer strange to the world, it is not until recent years that e-commerce has been introduced to Vietnam and has become increasingly popular.

Although it has been around for a long time, there are still many different ways of understanding e-commerce. The term “e-commerce” is a phrase translated into English as “electronic commerce” (abbreviated as e-commerce), which represents the widely recognized nature of e-commerce as a combination of two elements: “commerce” and “electronic”. More specifically, e-commerce is understood as a field in which commercial activities are supported by electronic means and tools.

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