3.4 Role of parties in promoting access to justice with online dispute resolution

3.4.1 State

The State has a role, first, in perfecting the legal framework on ODR and related fields. Second, in building the judicial system, data center, national cybersecurity. Third, in propagating and promulgating policies to encourage the use of ODR.

Regarding the legal framework, the current legal system related to ODR in Vietnam is regulated in many different documents and many contents have not been adjusted related to human rights, science and technology, e-commerce, online judicial proceedings, including electronic evidence, functions, tasks, and powers of subjects conducting electronic proceedings, etc.[1]

Resolution No. 17/NQ-CP dated March 7, 2019 of the Government has set out general goals such as building and perfecting institutions; building a technology platform; Building an e-Government combining the application of information technology and administrative reform, ensuring information security, network security, national security, and protection of personal information. The ODR mechanism also needs to develop a comprehensive action plan, creating a legal basis and promoting the development of ODR mechanisms in Vietnam. Regarding the judicial system, data center, national network security, Resolution No. 17/NQ-CP dated March 7, 2019 of the Government has mentioned many things about developing the National Public Service Portal, the Policy Consultation System, legal documents, the Information System for receiving and responding to feedback and recommendations from people and businesses… In the market, the above technologies are mostly developed by private enterprises and groups of individuals at home and abroad. The systems are required to ensure information security, network security, and protection of personal information. Information sites and software systems must comply with standards and technologies to support people with disabilities in accessing and using information and communication products and services according to Circular No. 26/2020/TT-BTTTT. Regarding the dissemination and promulgation of policies to encourage the use of ODR, for a mechanism that is still quite new in Vietnam such as ODR, incentive policies for organizations providing ODR services, people and businesses using ODR are necessary to create user habits and build the market. Currently, Vietnam has a number of mediation centers and arbitration centers providing ODR services as analyzed. The Supreme People’s Court has also begun implementing the e-court project with initial results, such as online court sessions, the court’s electronic information portal, etc. State agencies at all levels and sectors need to coordinate to promote propaganda and dissemination of knowledge so that people can better understand and exercise their rights when participating in ODR methods.

3.4.2 Enterprises

Enterprises developing platforms, enterprises operating e-commerce platforms, or enterprises participating in online sales and services play a role in providing safe, effective, and fair services. Normally, enterprises will implement a policy of equal treatment for all customers. However, as analyzed above, enterprises need to pay attention to additional support solutions for vulnerable groups to exercise their access to justice, such as electronic transactions that are friendly to people with disabilities (people with visual or hearing loss, etc.), ethnic minorities, and people in remote areas. These electronic transactions are not limited to e-commerce transactions but also need to include ODR activities.

In addition to building technological solutions, e-commerce businesses need to comply with legal regulations on e-commerce activities and demonstrate goodwill in GQTC (having a way to contact for feedback/complaints, notifications from GQTC organizations, etc.).

3.4.3 Lawyers

Lawyers are one of the entities that can support clients in resolving disputes and legal procedures by ODR method, especially supporting vulnerable groups in exercising their right to access justice. Currently in Vietnam, there are no electronic applications for lawyers to optimize their practice. The e-Court system developed by the Supreme People’s Court also does not have applications or windows specifically for lawyers to participate as in other countries[2]. This practice has not created favorable conditions for Vietnamese lawyers to better perform their role in supporting people in accessing justice through electronic court proceedings.

3.4.4 Units providing ODR services outside the court system

Conciliation centers, arbitration centers or units providing technology to support complaint resolution in e-commerce activities play a role in providing safe, secure, effective and fair services to participating parties. These units need to have technological solutions as well as practical implementation plans to support litigants, especially vulnerable groups, to exercise their right to access justice when participating in dispute resolution by ODR, such as software, interfaces that are friendly to people with disabilities, ethnic minorities and other vulnerable groups. Procedures and conditions for participating in the dispute resolution process need to be simple, accessible and at low cost.

4. Conclusion

ODR needs to be consistent with the development trend of e-commerce globally and in Vietnam. On the contrary, if e-commerce activities want to develop strongly and deeply, there needs to be a corresponding development of ODR.

The issue when building ODR is to pay attention to ensuring the right to access justice for people, especially vulnerable groups. This requirement is not only imposed on State judicial institutions but also on non-state dispute resolution institutions (arbitration, mediation), enterprises operating e-commerce platforms, enterprises participating in the provision of goods and services online, and the team of lawyers. Meeting this requirement, Vietnam’s e-commerce activities will develop, not only attracting buyers such as the Vietnamese Government and Vietnamese enterprises but also attracting entities from other countries. These factors will contribute to the national digital transformation, promoting the advantages of the Industrial Revolution 4.0 for everyone and leaving no one behind./.

The end.

*The article is published in Journal of International Economics and Management, No. 149 (09/2022)

*About the Authors:

Lawyer Nguyen Hung Quang – President of Vietnam International Commercial Mediation Center (VICMC)

Nguyen Tran Lan Huong – Member of the Secretariat of Vietnam International Commercial Mediation Center (VICMC)

Nguyen Hai Giang – Member of the Secretariat of Vietnam International Commercial Mediation Center (VICMC)

Secretariat

See full article here: https://vicmc.vn/en/enhancing-access-to-justice-in-online-dispute-resolution-part-iii/

[1] Binh, N.H. (2022), “Building an electronic court – an important task of the judicial reform strategy”, https://tapchitoaan.vn/bai-viet/phap-luat/xay-dung-toa-an-dien-tu-mot-nhiem-vu-quan-trong-cua-chien-luoc-cai-cach-tu-phap5767.html, accessed on April 4, 2022.

[2] Quang, N.H. (2020), Report on Good Practices in Implementing Judicial Administrative Procedures to Enhance Court Integrity, UNDP & Supreme People’s Court.