論臺灣與越南消費爭議處理之比較

Consumer Dispute Settlement in Vietnam and Taiwan －A Comparative Perspective

本篇以越南與臺灣兩國企業經營者與蕭分者之間所生之消費者爭議處理、作為比較研究之題目。本文首先介紹消費爭議處力與消費爭議解決之特性，其次說明參與消費爭議之訴訟外紛爭解決程序（ADR），闡述分析消費爭議之和解、調解、仲裁、以及線上消費爭議解決（ODR）之利弊得失。最後，本文針對臺灣兩國消費爭議處理之現行法制，提供若干改進建議。

Consumer protection means to protect consumers from the infringement of their rights and legitimate benefits caused by traders in consumer transaction. It also means to protect fair competition and fair trade in the market. Accordingly, settling effectively consumer disputes is an important content of consumer protection. Realizing its significance, the Vietnam Law on Consumer Protection (VNCPL) enacted in 2010 arranges Chapter IV with seventeen articles for consumer dispute settlement. Up to the present time, however, some of those provisions have revealed the backward perception and misappropriation. As result, they have made confused for the law application. Those regulations are needed to be adapted to meet the requirement of consumer dispute settlement in the context of economic development in the country and comply with international practice. This article focuses on exploring and analyzing the provisions on the settlement of consumer dispute in the VNCPL in a comparison with those presented in the Taiwan Consumer Protection Act amended 2015 that is considered an advanced consumer protection law in Asia region. The article also concentrates on finding out the resemblances and differences between the two laws in the perception of consumer dispute settlement, theoretical influences upon the regulations on settling consumer disputes, the popular methods used to resolve consumer disputes serving as negotiation, mediation, arbitration, online dispute resolution (ODR) and civil litigation. From the results of the assessment, the article asserts that the two laws have significant common values, but there are some differences, in which the VNCPL should review its provisions on consumer dispute settlement in two orientations, legal conception and law making - technique to ensure that it works in compliance with other related laws newly adopted in the country. The article is concluded by critical comments to improve the VNCPL.