The hotline 1800.6838, operated by the VietNam Competition Commission, is a completely free advisory and support service for consumers (including call charges). Each year, the consumer advisory and support hotline 1800.6838 receives over 10,000 calls, of which nearly 80% are received and answered.
Through consultations, receiving recommendations, and handling complaints, many violations of consumer protection laws have been identified. The main types of violations reported and complained about include failure to comply with regulations on the control of standard contracts and general transaction conditions in the timeshare business sector; real estate, housing, and apartment transactions; fraud and asset appropriation in life insurance services associated with banks; failure to ensure the quality or quantity of ordered goods, or the quality of shipping and delivery services in e-commerce transactions; failure to compensate, refund, or exchange products, goods, or services in e-commerce transactions; failure to comply with product warranty obligations in transactions involving the purchase and sale of vehicles, electronics, or household appliances; deceptive advertising, providing false, incomplete, or inaccurate information about the products, goods, and services offered by businesses or individuals; and misleading information about the reputation, business capabilities, product availability, and business transactions of organizations or individuals with consumers. These issues also include misuse of government certification documents for products, goods, services, or business entities.
Additionally, the hotline has received numerous calls from consumers reporting harassment and threatening calls from financial companies seeking to collect debts.
When applying for loans via apps, these apps typically require access to the borrower's contact list. Consequently, if borrowers fail to repay on time, the app owners will harass their contacts to pressure the borrower into repaying the debt.
Regarding the legal situation above, the hotline advisors provide the following advice:
1. Remain calm, briefly explain that you are not acquainted with the borrower or have no responsibility for the debt in question. Request detailed information about the debt collection company, demand evidence of the debt, and document the call or messages as proof.
2. Inform and guide your family, friends, and colleagues on how to handle such debt collection calls and messages.
3. Use phone features to block harassing calls and messages. For personal Facebook pages, you can restrict comments from strangers.
4. If the harassment persists, especially if it escalates to phone "terrorism," report the issue to the nearest police station for timely action.
5. Do not, under any circumstances, provide your personal information, such as ID details, family relations, or workplace information, to debt collectors.
According to Circular 18/2019/TT-NHNN, financial companies are prohibited from contacting borrowers' relatives to encourage debt repayment.
Clause g, Article 102 of Decree 15/2020/ND-CP, dated February 3, 2020 (amended on January 27, 2022, under Decree No. 14/2022/ND-CP), stipulates that using a phone number to threaten, harass, distort, or defame others can result in fines ranging from VND 10 million to 20 million.
For posting defamatory or insulting images on social media, violators can also be fined up to VND 20 million under Clause a, Article 101 of Decree 15/2020/ND-CP (amended on January 27, 2022, under Decree No. 14/2022/ND-CP), specifically: "A fine of VND 10 million to 20 million for exploiting social networks to perform acts such as providing or sharing false information, slandering, or defaming the reputation of organizations or individuals."
More seriously, such actions may be prosecuted under Articles 155 and 156 of the 2015 Penal Code (amended in 2017) for the crimes of "insulting others" or "slander."
If defamatory images are posted on social media, the affected person has the right to file a complaint with the police to demand the removal of the images and information. Additionally, individuals receiving harassing phone calls can record the calls and file a complaint with their telecom service provider or submit a complaint to the local Department of Information and Communications for resolution.
Such incidents involving consumers typically stem from two main causes:
1. A relative, friend, or colleague took out an app-based loan and failed to repay it on time, leading debt collectors to harass their contacts, even if those contacts are not involved in the debt.
2. Due to the simplicity of the app-based loan process, some bad actors have stolen or misused public information to take out loans in someone else's name without repayment.
The hotline also advises consumers to seek financial assistance from reputable banks or credit institutions for advice on loan amounts, interest rates, and repayment terms. Additionally, consumers should report high-interest loan apps to the police to avoid the consequences of dealing with predatory lending apps or “black credit” entities.
