Collective Litigation for Consumer Protection Under Vietnamese Law: Identifying an Appropriate Procedural Model

Collective litigation has become an increasingly important procedural mechanism for addressing consumer disputes arising from the same or similar unlawful conduct. This article examines the theoretical foundations of collective litigation, analyses the current Vietnamese legal framework, and identifies an appropriate procedural model for strengthening consumer protection. The analysis demonstrates that, although Vietnamese law has incorporated certain elements of collective consumer litigation through representative proceedings initiated by consumer organisations, it has not yet established a coherent procedural framework for collective claims. Existing shortcomings include the absence of specialised procedural rules, limited standing to commence representative proceedings, and the lack of clear provisions governing collective participation, the binding effect of judgments, and the distribution of compensation. Based on comparative experience, the article argues that Vietnam should develop a representative model of collective litigation by expanding standing to initiate proceedings and introducing dedicated procedural rules tailored to collective consumer disputes. Such reforms would enhance access to justice, strengthen consumer protection, and improve the effectiveness of civil enforcement in Vietnam.