I recently paid 30 million VND for a "wealth-building" course organized by a company at a hotel; the instructor is also a well-known figure on social media.
They advertised that, after just a few sessions, I would be able to generate a passive income of tens of millions of VND per month. They also promised ongoing mentorship and support until I began earning an income.
However, during the course, I discovered that the content primarily consisted of pressuring participants to pay more for "upgraded" packages and recruiting friends and family to join in exchange for commissions. Suspecting that I have been scammed, I requested a refund, but the company simply replied that "payments are non-refundable."
Is it possible for me to recover the money I paid? If so, what steps should I take, and who can assist me in this matter?
Legal Advice:
A business’s declaration that "payments made are non-refundable" does not mean you have forfeited your legal right to reclaim your money. Whether or not you can recover the funds—and the speed or method by which you might do so—depends on the specific circumstances of the case and the evidence you possess.
You may consider the following three courses of action:
First, you may request that a court declare the transaction void on the grounds of deception.
Under Article 127 of the 2015 Civil Code, a party who enters into a transaction as a result of deception has the right to request that a court declare the transaction void. Deception is defined as an intentional act that causes the other party to hold a mistaken belief regarding the subjects involved, the nature of the object, or the content of the transaction, thereby inducing them to agree to enter into the agreement.If a business intentionally makes claims—such as guaranteeing "post-course income" or offering a "refund if ineffective"—or boasts about fabricated achievements to attract enrollees, such conduct may be considered deceptive.
Under Article 131 of the Civil Code, if a transaction is declared void, the parties must be restored to their original state and return whatever they have received from one another; the party at fault for causing damages is also liable for compensation.
Please note that, pursuant to Article 132, the statute of limitations for requesting that a transaction be declared void due to deception is two years, starting from the date the affected party knew or should have known that they were being deceived.
Alternatively, you may seek a refund under the laws governing consumer rights protection.
Points (a) and (e) of Clause 1, Article 10 of the 2023 Law on Protection of Consumer Rights prohibit businesses from providing false information to deceive customers, as well as from failing to issue refunds when a service does not align with its advertised content, descriptions, or commitments.
Article 36 of the same Law stipulates that if a service fails to meet the agreed-upon terms, the business must reach an agreement with the consumer on a remedy, which may include terminating the service and providing a refund.
If you registered and paid for a course online, but the business failed to provide full and accurate information as required by law, Article 38 allows you to unilaterally terminate the contract within 30 days of its execution and receive a refund for the portion of the service that remains unused.
In cases where a course is sold at a venue such as a conference hall or hotel for a total value exceeding 10 million VND, you may also invoke Article 47, which addresses sales conducted outside of a business's regular place of operation.
Regarding the procedure, you should first submit a written request to the business, proposing negotiations and a refund. Under Article 57, a business is required to engage in negotiations within 7 working days of receiving a request.
If the business refuses, you may seek assistance with negotiation or mediation from a state authority responsible for consumer protection or a consumer advocacy organization; alternatively, you may file a lawsuit in court.
According to Articles 70 and 71, consumer protection cases involving a transaction value of less than 100 million VND are handled through simplified procedures; furthermore, consumers who initiate such lawsuits are exempt from paying advance court fees.
However, Article 3 of this law defines a "consumer" as an individual who purchases or uses services for non-commercial purposes. Consequently, if the business argues that you enrolled in the course for commercial or business-related purposes, a dispute may arise regarding the applicability of this law.
Thirdly, you may report the matter as an act of fraud for the purpose of appropriating property.
Under Article 174 of the Penal Code, an individual who employs deceitful tactics to appropriate the property of others—valued at 2 million VND or more—may face criminal liability. The basic penalty ranges from non-custodial reform for up to 3 years or imprisonment for 6 months to 3 years; the maximum penalty is life imprisonment.
The crucial point is to prove that the business intended to misappropriate your money from the very beginning, by deliberately providing false or misleading information.
If a course is simply of poor quality or fails to meet expectations, but the business did, in fact, provide instruction, the matter is generally classified as a civil dispute.
If you have grounds to believe that fraud has occurred, you may submit a formal report to the competent police authority, which will then process and review the case in accordance with the Criminal Procedure Code. In my view, the first step you should take is to gather and preserve all available evidence—including advertisements, messages, audio or video recordings, contracts, receipts, bank transfer statements, and a list of other individuals who participated in the course.
Next, send a formal written request to the business demanding a refund, and specify a deadline for them to resolve the matter. While you wait, do not make any further payments or invite others to join the course, as doing so could lead to you being considered complicit in the wrongdoing.
If multiple people have been affected, you should coordinate to file a formal complaint or seek assistance from a consumer protection organization.
Finally, be wary of "fund recovery services" that require upfront fees; there is a high risk that you could simply fall victim to another scam.