Civil Liability in Airbnb Transactions and the Legal Gaps in Consumer Protection in Vietnam

The rapid growth of the collaborative or sharing economy has posed numerous challenges to traditional legal systems, particularly in relation to short-term accommodation. As a decentralized, intermediary platform, Airbnb raises complex legal issues concerning the allocation of civil liability, enforceability of contracts, and mechanisms for consumer protection. In the context of Vietnamese law, where there is a lack of clear regulatory frameworks to govern digital platforms, consumers risk having their rights infringed without effective legal remedies. The article focuses on three core issues: the legal classification of hosts on Airbnb, the enforceability of clickwrap contracts, and the cross-border enforceability of consumer rights in dispute resolution. Utilising a comparative legal approach, the article examines the current Vietnamese legal framework, particularly the 2023 Law on Protection of Consumer Rights, the 2018 Cybersecurity Law, the 2025 Law on E-Commerce, and implementing decrees, in relation to European Union instruments, notably the Digital Services Act (DSA) and the Consumer Rights Directive (CRD).