Decree No. 69/2001/ND-CP detailing the implementation of the Consumer Protection Ordinance

DECREE OF THE GOVERNMENT

Regulations for the Implementation of the Consumer Protection Ordinance

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THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on Ordinance No. 13/1999/PL-UBTVQH10 dated April 27, 1999, on consumer protection;

At the proposal of the Minister of Science, Technology, and Environment,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. This Decree provides detailed regulations for the implementation of the Consumer Protection Ordinance adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam on April 27, 1999. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The Standing Committee of the National Assembly of the Socialist Republic of Vietnam adopted on April 27, 1999.

Article 2.

1. The provisions of this Decree apply to organizations and individuals engaged in producing and trading goods and services, and consumers purchasing and using goods and services for personal consumption and work needs of organizations and individuals, families.

2. Consumers purchasing and using goods and services for personal consumption and work needs of organizations and individuals, families include:

a) Individuals who purchase and use goods and services for themselves;

b) Individuals who purchase goods and services for others, for their family, or for organizations to use;

c) Individuals, families, and organizations using goods and services purchased by others or received as gifts.

Article 3. Consumers purchasing and using goods and services for production and business purposes are not within the scope of regulation of this Decree.

 Chapter II

IMPLEMENTATION OF CONSUMER RIGHTS PROTECTION

Article 4. All organizations and individuals engaged in producing and trading goods and services (hereinafter referred to as organizations and individuals engaged in production and trade) shall be responsible for:

1. Ensuring the provision of goods and services so that consumers can freely choose; freely buy or not buy; accept or reject any type of goods or service method and conditions.

2. Creating conditions for consumers to purchase goods and use services with guaranteed quality, reasonable prices, and accompanying warranty and repair measures as prescribed by law.

3. Fulfilling all obligations according to agreements made with consumers.

4. Announcing quality standards and ensuring compliance with announced standards for goods listed in the Catalogue of Goods Required to Meet Standards; implementing regulations on labeling, hygiene, safety, and quality inspections; accurately weighing, measuring, and counting goods and services according to legal provisions.

5. Ensuring quality, hygiene, and safety when producing and trading goods and services not required to meet quality standards.

6. Providing accurate and truthful information about the origin, brand, place of manufacture, utility, characteristics, standards, grades, main components, date of production, certificates of quality inspection and control; publicly posting prices of goods and services at their stores; issuing sales invoices and service charge receipts to consumers in accordance with tax authority regulations.

7. Supplying goods and services that ensure safety, without adversely affecting the environment or health of consumers.

For goods and services that may cause harm to health or negatively impact the environment when used, organizations and individuals engaged in production and trade must warn consumers beforehand; clearly explain and guide the use of goods and preventive measures against potential harms.

Article 5. Organizations and individuals engaged in production and trade shall not impose illegal rules or force consumers to comply with such rules in sales agreements or service agreements; they shall not delay or prolong civil liability for infringing upon consumer rights. Violations will be handled according to legal provisions.

Organizations and individuals engaged in production and trade must fulfill warranty, repair, replacement, refund, return, and other responsibilities to consumers according to agreed commitments, without delaying or refusing to perform these obligations.

Article 6. Organizations and individuals engaged in production and trade shall be responsible for receiving and addressing suggestions, criticisms, and complaints from consumers regarding the non-compliance or incomplete fulfillment of their responsibilities in protecting consumer rights.

Article 7. Organizations and individuals engaged in production and trade must provide guidance for consumers to use goods and services reasonably and economically; they must advise and require consumers to take responsibility for self-protection of their legitimate rights and interests.

Chapter III

STATE MANAGEMENT OF CONSUMER RIGHTS PROTECTION

Article 8. The Ministry of Science, Technology, and Environment is responsible before the Government for unified state management of consumer rights protection nationwide.

Article 9. The General Department of Standardization, Metrology, and Quality Control assists the Minister of Science, Technology, and Environment in directly managing state affairs related to consumer rights protection, with specific powers and duties as follows:

1. Organizing research, planning, and drafting programs and projects for approval by competent authorities; developing legal normative documents for promulgation by state agencies and organizing their implementation.

2. Coordinating and cooperating with relevant agencies under ministries, sectors, and localities in activities related to consumer rights protection.

3. Cooperating with relevant agencies and localities in organizing publicity, education, training, and dissemination of knowledge on consumer rights protection laws.

4. Guiding, inspecting, and supervising organizations and individuals in the implementation of laws on consumer rights protection; resolving complaints and accusations; handling violations of laws on consumer rights protection within its jurisdiction.

5. Cooperating with competent authorities in monitoring and controlling information and advertising on mass media related to consumer rights protection.

6. Implementing international cooperation activities on consumer rights protection according to delegated authority.

Article 10. Ministries, ministerial-level agencies, and government agencies within their functions, tasks, and powers shall cooperate with the Ministry of Science, Technology, and Environment to carry out the following tasks:

1. Draft and submit to the Government for issuance, or issue within their authority, regulatory legal documents within the scope of their industry or field of management related to protecting consumer rights.

2. Direct, inspect, and audit the implementation of legal provisions on protecting consumer rights within the scope of their industry or field of management.

3. Resolve complaints and denunciations, and handle violations of laws on protecting consumer rights within their delegated authority.

4. Promote awareness, education, and dissemination of knowledge and laws on protecting consumer rights within the scope of industries or fields under their responsibility.

Article 11. For certain specific goods and services that are closely related to living environments, quality, prices, hygiene, safety, health, and lives of consumers, the Government assigns specific responsibilities as follows:

1. The Ministry of Trade shall take the lead and coordinate with relevant ministries to manage, inspect, and audit the circulation on the market of goods and services prohibited from production, trading, import, and export, or those subject to conditions for production, trading, and import/export; price labeling and compliance with labeled prices; and conduct measures to prevent the circulation of counterfeit goods, low-quality goods, goods violating product labeling regulations, and goods and services that do not ensure safety and harm consumer health; inspect and audit the implementation of legal provisions on commercial advertising according to their authority.

2. The Ministry of Health shall manage, inspect, and audit pharmaceuticals, medicinal herbs, medical equipment, medical devices, cosmetics directly affecting human health, the quality of fresh food, processed food products; drinking water, alcohol, and tobacco.

3. The Ministry of Construction shall manage, inspect, and audit all stages from planning, design, construction, to acceptance of civil construction projects.

4. The Ministry of Transport shall manage, inspect, and audit the quality of transportation vehicles on waterways, roads, railways, railway stations, ports, and equipment used with these transportation means to ensure safety for consumers in transportation services or when consumers purchase such means and equipment for use.

5. The Civil Aviation Administration of Vietnam shall manage, inspect, and audit aircraft, airports, air cargo ports, and equipment and facilities serving air transportation.

6. The Ministry of Culture, Sports and Tourism shall take the lead and coordinate with the Ministry of Science and Technology and Environment and other specialized ministries to manage, inspect, and audit promotional activities, information, and advertising about goods, cultural products, and services through mass media; press and publishing activities according to legal provisions.

7. The Ministry of Agriculture and Rural Development shall manage, inspect, and audit the quality of fertilizers, veterinary drugs, plant protection chemicals, seeds, livestock breeds, biological products for crop cultivation and animal husbandry, and animal feed.

8. The Ministry of Industry shall take the lead and coordinate with relevant ministries and sectors to manage, inspect, and audit the quality of industrial explosives, industrial chemicals, machinery, and equipment according to legal provisions.

9. The Ministry of Fisheries shall take the lead and coordinate with relevant ministries and sectors to manage, inspect, and audit the quality of aquatic species, fish feed, seafood, aquaculture protective and veterinary drugs, fishing nets, and fishing services.

10. The General Post Office Corporation shall manage, inspect, and audit postal and telecommunications service prices, quality, networks, materials, equipment, and construction projects, including the Internet network.

11. The Ministry of Science and Technology and Environment shall uniformly manage, inspect, and audit scientific and technological activities, environmental standards, measurement, quality, intellectual property, and consumer protection according to legal provisions.

The assignment of responsibilities for protecting consumer rights stipulated in this Article will be reviewed, amended, supplemented, and adjusted promptly by the Government in accordance with economic and social conditions at different times upon the proposal of the Ministry of Science and Technology and Environment and relevant ministries and sectors.

Article 12. Provincial People's Committees and municipal people's committees directly under the central government shall have the responsibility to manage state affairs within their localities regarding the protection of consumer rights as follows:

1. Direct and urge organizations and individuals to comply with legal provisions on protecting consumer rights within their locality.

2. Inspect and audit the implementation of legal provisions on protecting consumer rights.

3. Coordinate with relevant agencies in inspection, auditing, and handling violations of laws on protecting consumer rights in their locality.

4. Receive, resolve complaints, denunciations, and suggestions on protecting consumer rights within their authority or transfer them to competent authorities for handling.

Article 13. The Standardization, Metrology, and Quality Control Agency under the Department of Science and Technology and Environment of provinces and centrally-administered cities shall manage state affairs regarding the protection of consumer rights in their locality.

 Chapter IV

CONSUMER RIGHTS PROTECTION ORGANIZATIONS

Article 14. Consumer rights protection organizations are social organizations established voluntarily, equally, without discrimination based on economic components, ethnic groups, religions, beliefs, levels, or professions; they represent consumer interests according to legal provisions.

Article 15. The activities of consumer rights protection organizations must comply with the following principles:

1. They must be representative of consumers.

2. They may not promote trade for any organization or individual engaged in production or business.

3. They may not advertise for any commercial purpose in their activities.

4. Shall not exploit information or guide consumers for business purposes.

5. Shall not be influenced or dependent on receiving financial support from organizations and individuals both domestically and internationally in all activities.

Article 16. Consumer protection organizations are permitted to register their operations with Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).people's committees at all levels and must comply with the provisions of Articles 14 and 15 of this Decree and other relevant laws.

Chapter V

SETTLEMENT OF COMPLAINTS AND REPORTS AND HANDLING OF VIOLATIONS

Article 17. When their rights are violated, consumers may directly or through their representatives file complaints, denunciations, or lawsuits in accordance with the law on complaints and denunciations.

Article 18. Organizations and individuals engaged in production and business have the responsibility to accept, process, and respond to consumer complaints or complaints from consumer protection organizations regarding their goods and services; they shall fulfill warranty responsibilities for their goods and services to customers.

Article 19. Consumer protection organizations have the right to accept consumer complaints and mediate disputes between consumers and organizations or individuals engaged in production and business.

At the request of consumers, consumer protection organizations have the responsibility to guide and assist consumers or represent them in filing complaints to competent authorities for resolution in accordance with the law.

Article 20. Consumers have the responsibility to detect and report to state management agencies with jurisdiction about the actions of organizations and individuals engaged in production and business that infringe upon consumer rights, about violations of the law and lack of responsibility of state agencies or officials responsible for protecting consumers; they have the right to criticize or make recommendations regarding the implementation of measures to protect consumer rights.

State agencies with jurisdiction have the responsibility to promptly and timely resolve consumer complaints and denunciations in accordance with the law on complaints and denunciations.

Article 21. Organizations and individuals who violate the law on protecting consumer rights shall be subject to administrative penalties or criminal prosecution depending on the nature, severity, and target of the violation as prescribed by law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 22. The Minister of Science and Technology, the Ministers of various ministries, the heads of agencies equivalent to ministries, and the heads of government-affiliated agencies shall provide guidance on implementing this Decree based on their functions, tasks, and authority.

Article 23. This Decree takes effect fifteen days from the date of signature.

Article 24. Ministers, The Minister, the head of an agency equivalent to a ministry, the head of a government-affiliated agency, the Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees under the Central Government are responsible for implementing this Decree./.