Ordinance No. 13/1999/PL-UBTVQH10 on Consumer Protection

ORDINANCE

Protecting consumer rights

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To protect the legitimate rights and interests of consumers; to strengthen the effectiveness of state management, enhance the responsibility of organizations and individuals producing and trading goods and services in protecting consumer rights;

Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;

Based on the Resolution of the Fourth Session of the Tenth National Assembly regarding the Law and Ordinance Construction Program for the Ten-Year Term of the Tenth National Assembly and the Law and Ordinance Construction Program for 1999;

This Ordinance stipulates the protection of consumer rights.

Chapter I

GENERAL PROVISIONS

Article 1

Consumers are individuals, households, and organizations that purchase and use goods and services for personal and household consumption purposes.

Article 2

Protecting the legitimate rights and interests of consumers is the common responsibility of the whole society.

State agencies, economic organizations, political organizations, socio-political organizations, social organizations, occupational associations, people's armed units, and every individual have the responsibility to implement the provisions of this Ordinance and other relevant laws concerning the protection of consumer rights.

The Vietnam Fatherland Front and its member organizations within their respective functions and powers have the responsibility to promote propaganda, education, and mobilize the people to participate in activities to protect consumer rights and enforce the law on protecting consumer rights.

Article 3

The State encourages rational and thrifty consumption.

The State has policies and measures to develop a multi-sector commodity economy, consolidate state enterprises playing a leading role in the production and trade of essential goods and services with quality to protect consumer rights.

The State encourages expanding international cooperation in the field of protecting consumer rights.

Article 4

Organizations and individuals producing and trading goods and services for domestic consumption; organizations and individuals trading imported goods must strictly comply with the provisions of this Ordinance, commercial laws, standards, measurement, quality of goods, food, advertising, environmental protection, and other relevant legal provisions; if causing damage, they must compensate according to the law., Consumers have the rights and responsibilities stipulated in this Ordinance and other relevant legal provisions.

Article 5

Producing and trading prohibited goods, fake goods;

Article 6

Producing, trading, and consuming goods and services causing serious environmental pollution, endangering human lives and health, and violating customs and traditions;

, Clause 1, Clause 2 Article 7a of this Regulation.

Strictly prohibit the following acts:

Providing false information, advertising;

Other violations aimed at deceiving consumers.

RIGHTS AND RESPONSIBILITIES OF CONSUMERS

Consumers have the right to choose goods and services; to be provided truthful information about quality, price, usage methods of goods and services; to be guaranteed safety regarding life, health, and environment when using goods and services; to be guided on necessary knowledge about consumption.

Chapter II

Consumers have the right to demand compensation and damages when goods and services do not meet the announced standards, quality, quantity, prices, or contracts; to lodge complaints, denunciations, and lawsuits according to the law against the production and trade of prohibited goods, fake goods, goods and services not meeting standards, quality, quantity, and false information and advertising.

Article 8

Consumers have the right to contribute opinions in the formulation and implementation of policies and laws on protecting consumer rights; to request organizations and individuals producing and trading goods and services to fulfill their responsibilities in protecting consumer rights.

Article 9

Consumers have the right to require organizations and individuals producing and trading to ensure standards and quality of essential goods and services related to food, clothing, housing, transportation, education, health protection, environmental protection, and other registered and announced goods and services.

Article 10

Consumers may establish organizations to protect their rights and legitimate interests according to the law.

Consumers can directly or through representatives to protect their rights and legitimate interests.

Article 11

Consumers have the responsibility to protect themselves in the consumption of goods and services; to follow instructions on the usage methods of goods and services; not to consume goods and services harmful to the environment, contrary to customs and traditions, and endangering their own and community's lives and health.

Consumers have the responsibility to detect and report fraudulent acts regarding standards, measurements, quality, product labels, prices, and other deceptive acts of organizations and individuals producing and trading goods and services causing damage to themselves and the community according to the law.

Article 12

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS PRODUCING AND TRADING GOODS AND SERVICES

Article 13

Organizations and individuals producing and trading goods and services with business registration must register and announce standards and quality of goods and services according to the law and fulfill their commitments to consumers; must regularly check the safety and quality of goods and services, accurately measure, weigh, and count.

Chapter III

The Government shall specify the protection of consumer rights in cases where goods and services are produced and traded without registering and announcing standards and quality of goods and services.

Article 14

Organizations and individuals producing and trading goods and services must provide accurate and truthful information and advertising about goods and services; display prices of goods and services; announce conditions, time limits, locations for warranty and usage guidance of their goods and services to consumers.

Organizations and individuals producing and trading goods and services must promptly resolve all complaints from consumers about goods and services not meeting announced standards, quality, quantity, prices, or contracts; fulfill warranty responsibilities for customers.

Article 15

Organizations and individuals producing and trading goods and services must provide accurate and truthful information and advertising about such goods and services; display prices for goods and services; announce warranty conditions, periods, locations, and usage instructions for their goods and services to consumers.

Article 16

Organizations and individuals producing and trading goods and services must promptly address all complaints from consumers regarding goods and services that do not meet the announced standards, quality, quantity, prices, or contracts concluded, and fulfill their warranty responsibilities towards customers.

Article 17

Organizations and individuals producing and trading goods and services shall be responsible for collecting, researching, and adopting consumer feedback; compensating and indemnifying consumers for losses in accordance with the provisions of the law.

Chapter IV

STATE MANAGEMENT OF CONSUMER RIGHTS PROTECTION

Article 18

The contents of state management to protect consumer rights include:

Issuing and implementing regulatory legal documents on protecting consumer rights;

Developing and implementing policies on protecting consumer rights, promoting reasonable and thrifty consumption;

Directing and coordinating activities to protect consumer rights conducted by Ministries, ministerial-level agencies, government-affiliated agencies, People's Councils, and People's Committees at all levels;

Training and enhancing the capacity of cadres involved in protecting consumer rights;

Promoting, educating, and disseminating laws and relevant knowledge related to protecting consumer rights;

International cooperation in the field of protecting consumer rights;

Inspecting and supervising compliance with laws on protecting consumer rights; resolving complaints and denunciations from consumers; handling violations of laws on protecting consumer rights;

Article 19

The Government shall uniformly manage state affairs concerning the protection of consumer rights throughout the country.

State management agencies responsible for protecting consumer rights shall be accountable to the Government for implementing state management over the protection of consumer rights.

The Government shall specify in detail the state management agencies responsible for protecting consumer rights.

Article 20

Ministries, ministerial-level agencies, and government-affiliated agencies within their respective duties and authorities shall be responsible for coordinating with state management agencies responsible for protecting consumer rights in the implementation of state management over the protection of consumer rights.

The Government shall specify in detail the responsibilities of Ministries, ministerial-level agencies, and government-affiliated agencies as stipulated in Clause 1 of this Article.

Article 21

People's Councils and People's Committees at all levels within their respective duties and authorities shall be responsible for implementing, monitoring, and inspecting the enforcement of policies and laws on protecting consumer rights in their localities.

Chapter V

SETTLEMENT OF COMPLAINTS AND REPORTS AND HANDLING OF VIOLATIONS

Article 22

Consumers may directly or through representatives file complaints, request compensation, and restitution from organizations and individuals producing and trading goods and services that have caused them harm in accordance with the provisions of the law.

Article 23

Consumer complaints against organizations and individuals producing and trading goods and services shall first be resolved based on the principle of mediation, except where the law provides otherwise. In cases where mediation fails, consumers have the right to file complaints or initiate lawsuits in accordance with the provisions of the law.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

Consumers may directly or through their representatives report to competent authorities, organizations, or individuals about acts violating laws on protecting consumer rights.

Article 25

State management agencies responsible for protecting consumer rights and other relevant state agencies shall promptly resolve complaints and denunciations from consumers within their jurisdiction in accordance with the provisions of the law.

Article 26

Any person who produces and trades banned goods, counterfeit medicines, fake food, and other types of counterfeit goods; food not meeting hygiene and safety standards; producing, trading, or consuming goods and services causing severe environmental pollution, endangering human lives and health, contravening social customs and practices; providing false information or advertising; cheating in weighing, measuring, or counting, or engaging in other acts violating laws on protecting consumer rights shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation; if such acts cause damage to consumers, they must compensate according to the provisions of the law.

Article 27

Any person who abuses their position or authority to violate or cover up violations of laws on protecting consumer rights by others shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation.

Article 28

Any person who violates laws on protecting consumer rights and causes damage to other organizations or individuals shall, in addition to being handled according to Articles 26 and 27 of this Ordinance, also be required to compensate for damages in accordance with the provisions of the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 29

This Ordinance shall take effect from October 1, 1999.

Article 30.

The Government shall promulgate detailed regulations to implement this Ordinance.