KINH NGHIỆM QUỐC TẾ VÀ ĐỊNH HƯỚNG XÂY DỰNG CƠ CHẾ GIẢI QUYẾT TRANH CHẤP TRONG DỰ THẢO LUẬT THƯƠNG MẠI ĐIỆN TỬ

Abstract

The rapid development of e-commerce affirms the crucial role of the State in policy making and building legal frameworks for the digital economy. Two key aspects of international practice are: (i) developing policies to support digital service providers and (ii) putting in place a thorough, well-thought-out legal framework to control e-commerce. However, Vietnam’s current legal framework, especially on dispute resolution mechanism, have lagged behind the market accelerated development. The paper analyzes Vietnam’s e-commerce legal framework based on comparison with international experiences, focusing on the dispute resolution regime proposed in the forthcoming E-commerce Law. The study identifies significant gaps and challenges in balancing consumers’ rights, legitimate interests of the State in regulating e-commerce, and businesses’ flexibility using a comparative and doctrinal approach references some developed jurisdictions. The study argues that the upcoming E-commerce Law should place effective dispute resolution regime, prioritizing mechanisms that not only protect consumers on digital economy but also enhance legal certainty and promote international integration.