Decree No. 99/2011/ND-CP detailing and guiding the implementation of certain provisions of the Law on Consumer Protection

DECREE

Detailed regulations and guidance on implementing certain provisions of the Consumer Rights Protection Law

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on Law No. 59/2010/QH12 on Consumer Rights Protection dated November 17, 2010;

Considering the proposal of the Minister of Industry and Trade,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the protection of consumers in transactions with individuals engaged in independent, regular commercial activities without business registration; contracts concluded with consumers and general terms and conditions; resolution of consumer rights protection requests; social organizations participating in consumer rights protection activities; mediation of disputes between consumers and businesses and individuals; and state management of consumer rights protection.

Article 2. Applicability

This Decree applies to consumers; organizations and individuals trading goods and services; and agencies, organizations, and individuals related to consumer rights protection activities within the territory of Vietnam.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Remote contract is a contract concluded between a consumer and an organization or individual trading goods and services through electronic means or telephone.

2. Continuous service supply contract is a service supply contract with a term of three (03) months or more or an indefinite-term service supply contract.

3. Door-to-door sales refers to the situation where organizations or individuals engaged in trade conduct sales at the residence or workplace of consumers.

Chapter II

PROTECTION OF CONSUMERS IN TRANSACTIONS WITH INDIVIDUALS ENGAGED IN INDEPENDENT, REGULAR COMMERCIAL ACTIVITIES WITHOUT BUSINESS REGISTRATION

Article 4. Responsibilities of individuals engaged in independent, regular commercial activities without business registration

1. Ensuring the quality, quantity, utility, and food safety of goods and services provided to consumers in accordance with laws on consumer protection, commercial laws, and other relevant laws.

2. Not providing consumers with types of goods and services specified in Clause 1, Article 5 of Decree No. 39/2007/NĐ-CP dated March 16, 2007 of the Government on individuals engaged in independent, regular commercial activities without business registration.

3. Providing accurate and complete information about goods and services provided to consumers in accordance with laws on consumer protection, commercial laws, and other relevant laws.

4. Exchanging goods or refunding money and reclaiming goods from consumers in cases where the goods provided do not meet the quality, quantity, or utility as communicated.

5. Complying with decisions to recall goods in cases where the goods provided fall under the category requiring recall and bearing costs for destroying goods in cases where destruction is required according to the decision of the competent authority.

6. In addition to the provisions of Clauses 1, 2, 3, 4, and 5 of this Article, individuals engaged in independent, regular commercial activities without business registration operating within markets or shopping centers must fully comply with consumer protection regulations as stipulated in internal rules issued by Market Management Boards or Shopping Center Operators and approved by the competent authority.

Article 5. Responsibilities of Market Management Boards, Business Operators of Markets, and Trade Centers

1. Issuing internal regulations in accordance with the provisions of the law, which must include basic contents on protecting consumer rights, including:

a) Rights and responsibilities of consumers;

b) Rights and responsibilities of sellers;

c) Persons responsible for receiving and resolving consumer requests and complaints;

d) Measures to handle violations.

2. Mediate disputes between consumers and sellers within the scope of markets and shopping centers when requested.

3. Installing and maintaining weighing scales and measuring devices at markets and trade centers for consumers to self-check the quantity and volume of goods.

4. Regularly monitoring the quality and quantity of goods within the market and trade center areas.

5. Establishing and publicly posting hotlines to receive and resolve consumer requests in accordance with the classification level of the market and trade center as prescribed by law.

6. Announcing and coordinating with relevant authorities on trade, market management, food safety, standards, measurement, and quality every six (06) months to control the quality, quantity, origin, and food safety of goods and services within the managed market and trade center.

7. Report to competent authorities in cases where violations of laws on consumer rights protection and related laws are discovered.

8. Handling violations according to approved internal regulations.

Article 6. Responsibilities of the Commune People's Committee

1. Inspecting and supervising the activities of Market Management Boards, Business Operators of Markets, and Trade Centers within their jurisdiction in implementing approved internal regulations. In cases where there is no Market Management Board, Business Operator of Markets, or Trade Center, the People's Committee of the commune shall be responsible for taking measures to protect consumer rights within the market and trade center area.

2. Managing and inspecting the activities of independent traders operating without business registration in the commune outside the market and trade center area to protect consumer rights.

3. Coordinating with county and provincial authorities on trade, market management, food safety, standards, measurement, and quality in managing and inspecting the business activities of independent traders operating within their jurisdiction.

4. Handling violations related to consumer protection within their authority and in accordance with the provisions of the law.

5. Promoting and encouraging individuals not to engage in trade outside the market and trade center area; creating conditions for individuals to conduct business within the market and trade center area.

Chapter III

CONTRACTS ENTERED INTO WITH CONSUMERS AND GENERAL TERMS OF TRADE

Section 1

CONTROL OF STANDARD CONTRACTS AND GENERAL TERMS OF TRADE

Article 7. General Requirements for Standard Contracts and General Terms of Trade

Standard contracts and general terms of trade must be documented in writing and must meet the following conditions:

1. The language used must be Vietnamese, with clear and understandable content; font size must be at least 12.

2. The paper background and ink color used to display the content of standard contracts and general terms of trade must contrast each other.

Article 8. Responsibility for Registering Standard Contracts and General Terms of Trade

1. Before applying standard contracts and general terms of trade that fall under the list of goods and services requiring registration as stipulated by the Prime Minister, business organizations and individuals must comply with the registration requirements set forth in this Decree.

2. Standard contracts and general terms of trade may only be applied to consumers when the registration process has been completed in accordance with Article 14 of this Decree.

Article 9. Authority to Accept Registration

1. The Ministry of Industry and Trade shall be responsible for accepting registration of standard contracts and general trading conditions when such contracts and conditions apply nationwide or in two provinces or more.

2. The Department of Industry and Trade shall be responsible for accepting registration of standard contracts and general trading conditions when such contracts and conditions apply within a province or centrally governed city.

Article 10. Documents and Form of Registration

1. The documents for registering standard contracts and general trading conditions include the following:

a) A registration form clearly stating the address and business activities of the organization or individual engaged in goods and services trade. The Ministry of Industry and Trade shall provide guidance on the model registration form;

b) Drafts of standard contracts and general trading conditions.

2. The registration documents may be submitted directly, sent by post, or transmitted electronically with one (01) set to the authority specified in Article 9 of this Decree.

3. In cases where the registration documents are submitted directly, the staff receiving the documents must prepare a receipt, and the date of document submission is the date recorded in the receipt. If the registration documents are sent by post, the date of document submission is calculated based on the postmark. For electronic submissions, the time of document submission is calculated from the time the confirmation electronic message is sent by the registration authority.

Article 11. Requests for Supplementing Documents

1. If the registration documents are incomplete as stipulated in Clause 1 of Article 10 of this Decree, within five (05) working days from the date of receipt, the authority responsible for accepting registration may request organizations or individuals engaged in trade to supplement the documents and materials.

2. Organizations and individuals are responsible for supplementing the documents and materials within three (03) working days from the date they receive the request from the competent authority.

Article 12. Examination of Registration Documents

1. The authority responsible for accepting registration shall examine the registration documents from the date of receipt of valid documents as stipulated in Articles 10 and 11 of this Decree.

2. During the examination of registration documents, the registration authority may request organizations or individuals engaged in trade to explain issues related to the content of standard contracts and general trading conditions.

3. During the examination of registration documents for standard contracts and general trading conditions, the registration authority may seek opinions from relevant agencies, organizations, and individuals.

Article 13. Scope of Examination of Content of Standard Contracts and General Trading Conditions

The authority specified in Article 9 of this Decree shall examine standard contracts and general trading conditions regarding the following contents:

1. Contents without effect as provided in Article 16 of the Consumer Protection Law.

2. Provisions at Article 7 of this Decree.

3. Compliance with consumer protection laws and general principles of contract formation.

Article 14. Completion of Registration

1. Not later than twenty (20) working days from the date of receipt of valid documents, the registration authority shall issue a notice of acceptance of registration of standard contracts and general trading conditions and send it to the organization or individual engaged in trade. In case of non-acceptance of registration of standard contracts and general trading conditions, the state authority with jurisdiction must send a written response to the organization or individual engaged in trade, specifying the reasons for non-acceptance.

2. After completing the registration procedures, standard contracts and general trading conditions shall be publicly announced and stored on the electronic information website of the authority responsible for accepting registration.

3. The authority responsible for accepting registration shall regularly monitor the circulation of registered standard contracts and general trading conditions.

Article 15. Re-registration of standard form contracts and general terms of trade

1. Organizations and individuals conducting business must re-register standard form contracts and general terms of transactions in the following cases:

a) When changes in laws alter the contents of standard form contracts and general terms of transactions;

b) Organizations and individuals engaged in business change the contents of standard form contracts and general terms of trade.

2. The procedure for re-registering standard form contracts and general terms of trade shall be carried out like the initial registration as prescribed in this Decree.

3. Organizations and individuals engaged in business must notify consumers about changes to standard form contracts and general terms of trade after completing the re-registration process.

Article 16. Supervision of standard form contracts and general terms of trade not subject to registration

1. In cases where the contents of standard form contracts and general terms of trade violate laws on consumer protection or contravene general principles of contract formation, the competent authority specified in Article 9 of this Decree has the right to require organizations and individuals engaged in business to amend or cancel such violating contents.

2. In cases where the contents within standard form contracts and general terms of trade are unclear or have multiple interpretations, the competent authority has the right to request organizations and individuals engaged in business to explain and clarify the contents within those standard form contracts and general terms of trade.

3. Within ten (10) working days from the date of receiving the request from the competent authority, organizations and individuals engaged in business must amend or cancel the violating contents and notify consumers who have concluded contracts. If amending or canceling the violating contents leads to ineffective contract clauses with consumers or general terms of trade causing damage to consumers, it shall be handled according to civil law regulations.

Section 2

SOME SPECIAL CONTRACTS CONCLUDED WITH CONSUMERS

Article 17. Remote Contracts

1. When concluding remote contracts, organizations and individuals engaged in business must provide consumers with the following information:

a) Name of the organization or individual engaged in business, contact phone number, address, headquarters, address of the responsible entity for the contract proposal (if any);

b) Quality of goods and services;

c) Delivery costs (if applicable);

d) Payment methods, delivery methods of goods, service provision methods;

đ) Validity period of the contract proposal and proposed price;

e) Communication costs for concluding the contract if these costs are not included in the price of goods and services;

g) Details about the features, functions, usage methods of goods and services that are the subject of the contract.

2. In cases where the contract proposal is made through telephone, organizations and individuals engaged in business need to clearly state their name, address, and purpose of the call from the beginning.

3. Except in cases where both parties have agreed otherwise, in cases where organizations and individuals engaged in business fail to provide correct or complete information as stipulated in Clause 1 of this Article, consumers have the right to unilaterally terminate the concluded contract within ten (10) days from the date of contract conclusion and notify the organization or individual engaged in business. Consumers are not required to pay any fees related to the termination and only need to pay for the portion of goods and services they have used.

4. In cases where consumers unilaterally terminate the performance of the contract as stipulated in Clause 3 of this Article, organizations and individuals engaged in business must refund money to consumers no later than thirty (30) days from the date the consumer declares unilateral termination of the contract. Beyond this deadline, organizations and individuals engaged in business must pay interest on the delayed amount at the basic interest rate published by the State Bank corresponding to the delay period at the time of payment. The refund will be made in the same method as the consumer's original payment, except when the consumer agrees to another payment method.

In cases where terminating the contract causes damage to consumers, organizations and individuals engaged in business must compensate according to civil law regulations.

Article 18. Continuous service supply contracts

1. Continuous service supply contracts must include the following contents:

a) The name and contact address of the organization or individual providing the service;

b) Description of the service provided;

c) Quality of the service;

d) Time and duration of service provision;

đ) Method of fee calculation and service pricing;

e) Service provision method and payment method.

2. Continuous service supply contracts must be established in writing and handed over to the consumer one (01) copy.

3. Except where the parties have agreed otherwise, the consumer has the right to unilaterally terminate the continuous service supply contract at any time and notify the organization or individual providing the service in writing. In case the consumer unilaterally terminates the contract, the consumer only needs to pay for the portion of the service that they have used.

4. The organization or individual providing the service shall have the following obligations:

a) Except where the parties have agreed otherwise, they may not require the consumer to pay any amount before the service is provided to the consumer;

b) They may not unilaterally terminate the contract or stop providing the service without a legitimate reason. In cases where repairs, maintenance, or other necessary reasons require stopping the service, the organization or individual providing the service must notify the consumer at least three (03) working days before the cessation of service provision;

c) The organization or individual providing the service must regularly check the quality of the service they provide, ensuring it meets the quality standards committed to the consumer;

d) In case the consumer reports a malfunction or complaint about the service quality, the organization or individual providing the service must promptly investigate and resolve the issue.

Article 19. Door-to-door sales contracts

1. A door-to-door seller is a person representing an organization or individual engaged in business. When conducting door-to-door sales, the door-to-door seller shall have the following obligations:

a) Introduce their name, contact phone number, address, headquarters of the organization or individual engaged in business, and take responsibility for the proposal to conclude the contract;

b) Shall not continue to propose the conclusion of the contract when the consumer has refused;

c) Explain to the consumer the terms of the contract and other information related to goods or services that the consumer is interested in.

2. Except where the parties have agreed otherwise, door-to-door sales contracts must be established in writing and handed over to the consumer one copy.

3. Within three (03) working days from the date of concluding the contract, the consumer has the right to request unilateral termination of the concluded contract and notify the organization or individual engaged in business in writing. Before this period expires, the door-to-door seller may not require the consumer to make payment or perform any contract contents, except as otherwise provided by law.

4. In case the door-to-door sales contract is established in writing, when signing the door-to-door sales contract, the consumer must record the date and month of contract conclusion themselves.

5. The organization or individual engaged in business shall be responsible for all activities of the door-to-door seller.

Chapter IV

RESOLUTION OF CONSUMER RIGHTS PROTECTION REQUESTS

Article 20. Form and Content of Consumer Rights Protection Requests

1. Consumers and social organizations participating in consumer rights protection have the right to request state management agencies for consumer rights protection in accordance with Article 25 of the Consumer Rights Protection Law. Such requests may be made in writing or directly.

2. Consumer rights protection requests must include the following contents:

a) Information on businesses or individuals violating the law;

b) Information on social organizations or consumers making the request;

c) The nature of the case;

d) Specific demands of consumers or social organizations participating in consumer rights protection;

đ) Supporting documents and evidence.

Article 21. Procedure for Receiving Requests

1. In cases where consumer rights protection requests are made in writing, responsible officers shall examine and accept such requests.

In cases where requests are made directly, responsible officers must record them in writing and require consumers or representatives of social organizations participating in consumer rights protection to sign or affix their fingerprints to confirm the written record.

2. If consumer rights protection requests lack the contents specified in Article 20 of this Decree, competent authorities shall require consumers or social organizations participating in consumer rights protection to supplement the missing information within five (05) working days from the date of receipt of the authority's request.

Article 22. Resolution of Consumer Rights Protection Requests

1. After receiving consumer rights protection requests, competent authorities shall proceed to resolve them. Where necessary, competent authorities may require parties to provide explanations and additional information or documents to assist in resolving the requests.

2. Within fifteen (15) working days from the date of receipt of valid consumer rights protection requests, competent authorities must respond in accordance with Article 26 of the Consumer Rights Protection Law. In complex cases, the response deadline may be extended but not exceeding fifteen (15) working days.

3. During the resolution process of consumer rights protection requests, if competent authorities determine that the case involves violations of administrative penalty laws or falls under the jurisdiction of another agency, they shall transfer the case file to that agency for resolution and clearly state this in the response to the consumer.

Article 23. Public Disclosure of Lists of Organizations and Individuals Violating Consumer Rights

1. Consumer rights protection agencies at the district level are responsible for compiling and publicly disclosing lists of organizations and individuals violating consumer rights in accordance with Clause 4 of Article 26 of the Consumer Rights Protection Law. In cases involving violations across two or more districts, the Department of Industry and Trade shall be responsible for publishing the list of violators. For cases involving two or more provinces, the Ministry of Industry and Trade shall be responsible for publishing the list of violators.

2. Lists of organizations and individuals violating consumer rights shall be publicly disclosed through mass media, posted at the headquarters, and uploaded on the electronic information website of the consumer rights protection agency. The content of public disclosure includes:

a) Name and address of the organization or individual violating the law;

b) Violation behavior and location;

c) Issuing authority, number, date, month, and year of the decision on handling the violation.

The period for public disclosure of organizations and individuals violating consumer rights is thirty (30) days from the date of disclosure.

3. Market managers, traders operating markets, and shopping center operators shall publicly disclose lists of organizations and individuals violating consumer rights within the market or shopping center they manage.

Chapter V

SOCIAL ORGANIZATIONS PARTICIPATING IN CONSUMER RIGHTS PROTECTION ACTIVITIES

Section 1

INITIATING CONSUMER RIGHTS PROTECTION CASES

Article 24. Conditions for social organizations participating in consumer rights protection to initiate lawsuits on their own behalf for public interest

Social organizations participating in consumer rights protection have the right to initiate lawsuits on their own behalf for public interest when meeting the following conditions:

1. Legally established in accordance with the provisions of the law.

2. Have objectives and purposes of operation for the benefit of consumers or for public interest related to consumer rights.

3. Have at least three (03) years of operation from the date of establishment of the social organization to the date the social organization exercises its right to initiate lawsuits.

4. Have a scope of operation at provincial level or higher.

Article 25. Obligations of social organizations participating in consumer rights protection when initiating lawsuits on their own behalf for public interest

When initiating lawsuits on their own behalf for public interest, social organizations participating in consumer rights protection have the following obligations:

1. To notify information about the content of the case in accordance with Article 44 of the Consumer Rights Protection Law.

2. To ensure the right of participation in the case of consumers related to the case.

3. To bear all costs arising during the lawsuit process.

Article 26. Social organizations participating in the lawsuit process

In cases where social organizations have initiated lawsuits for consumer rights protection, related social organizations have the right and obligation to cooperate with the social organization that has initiated the lawsuit to collect evidence, provide information, and other activities related to the litigation process.

Section 2

IMPLEMENTATION OF TASKS ASSOCIATED WITH THE TASKS OF THE STATE

Article 27. Conditions for social organizations participating in consumer rights protection to carry out tasks associated with the State's tasks in protecting consumer rights

Social organizations participating in consumer rights protection can carry out tasks associated with the State's tasks in protecting consumer rights when meeting the following conditions:

1. Established in accordance with the provisions of the law.

2. Have objectives and purposes of operation for the protection of consumer rights.

3. Have at least one (01) year of operation.

4. Have a scope of operation at provincial level or higher.

Article 28. State tasks assigned to social organizations to implement

Social organizations meeting the conditions stipulated in Article 27 of this Decree shall be assigned by competent state authorities to perform one of the following tasks:

1. Promote, disseminate education on the rights and obligations of consumers.

2. Guide and train to enhance consumer awareness.

3. Advise and support consumers.

4. Conduct research, surveys, gather opinions, and reflect the needs of consumers.

Article 29. Authority to assign consumer rights protection tasks to social organizations

1. The Minister of Industry and Trade decides to assign tasks associated with the State's tasks in protecting consumer rights to social organizations that meet the conditions for nationwide operations or operations in two provinces or more.

2. The Chairman of the People's Committee of the province decides to assign tasks associated with the State's tasks in protecting consumer rights to social organizations that meet the conditions for operations within their province.

Article 30. Financial Support for Consumer Protection Activities Assigned by the State

When assigned by state agencies with competent authority to perform tasks related to the state's consumer protection responsibilities, social organizations shall be supported financially according to the provisions of the law.

Chapter V

ORGANIZATIONS FOR MEDIATING DISPUTES BETWEEN CONSUMERS AND BUSINESSES

Article 31. Authority to Establish and Dissolve Mediation Organizations

The following agencies and organizations have the authority to establish and dissolve mediation organizations:

1. State management agencies for consumer protection.

2. Social organizations participating in consumer protection.

Article 32. Mediators

1. Vietnamese citizens meeting the following conditions may serve as mediators:

a) Having full capacity for civil acts;

b) Possess good moral character and honesty;

c) Have at least five (05) years of work experience.

2. Persons currently under administrative supervision, being pursued for criminal responsibility, or who have been convicted and not yet had their criminal record expunged shall not serve as mediators.

Article 33. Responsibilities and Authorities of Mediation Organizations

During their operations, mediation organizations shall have the following responsibilities:

1. Adhere to the provisions of the law.

2. Respect agreements between parties; shall not threaten or coerce parties during the mediation process.

3. Ensure confidentiality regarding information related to the mediation content and other information of the parties involved in the mediation, except where the parties have agreed otherwise or where the law provides differently.

4. Shall not exploit the mediation process to cause damage to the rights and legitimate interests of the parties involved in the mediation.

5. Shall not mediate disputes that cause damage to the interests of the state, the interests of many consumers, public interest, or have signs indicating the formation of a crime.

Chapter VII

STATE MANAGEMENT OF CONSUMER RIGHTS PROTECTION

Article 34. State Management Agencies for Consumer Rights Protection

1. The Ministry of Industry and Trade is the central state management agency for consumer rights protection.

The Competition Administration Department assists the Minister of Industry and Trade in implementing state management over consumer rights protection.

2. Provincial People's Committees are local state management agencies for consumer rights protection.

The Department of Industry and Trade assists the Chairman of the Provincial People's Committee in implementing state management over consumer rights protection in the locality.

3. The People's Committee of a district decides on the unit assisting the People's Committee in performing its functions of state management over consumer rights protection within its district.

Article 35. Responsibilities of Local State Management Agencies for Consumer Rights Protection

1. The Department of Industry and Trade has the responsibility to assist the Provincial People's Committee in performing the following tasks:

a) Implementing the monitoring of standard contracts and general terms of transactions according to the Consumer Protection Law, this Decree, and relevant laws;

b) Reviewing proposals and plans of activities of social organizations participating in consumer protection when submitting them to the Chairman of the Provincial People's Committee for assignment of tasks linked to state tasks;

c) Supervising the implementation of tasks when assigning them to social organizations for consumer protection;

d) Inspecting and supervising the mediation activities of organizations mediating disputes between consumers and businesses;

đ) Creating favorable conditions for social organizations participating in consumer protection to operate;

e) Providing professional guidance for district-level state management agencies for consumer protection to implement matters related to consumer protection;

g) Publicly announcing lists of organizations and individuals operating goods and services that violate consumer rights according to Clause 4, Article 26 of the Consumer Protection Law and Article 23 of this Decree;

h) Reporting on the results of state management over consumer protection in the province periodically or upon request from higher authorities;

i) Inspecting and handling violations of consumer rights according to the law;

k) Other responsibilities prescribed in Article 49 of the Consumer Protection Law.

2. Units assisting the People's Committee of a district in performing state management over consumer protection have the responsibility to perform the following tasks:

a) Implementing the resolution of consumer protection requests according to the Consumer Protection Law, this Decree, and relevant laws;

b) Inspecting and supervising the activities of social organizations participating in consumer protection operating within their jurisdiction;

c) Assisting the People's Committee of a district in managing markets and shopping centers within their jurisdiction to protect consumer rights when purchasing goods and using services at these locations;

d) Providing professional guidance for commune-level People's Committees to implement necessary measures to protect consumer rights when purchasing goods and using services from individuals engaged in commerce outside markets and shopping centers;

đ) Publicly announcing lists of organizations and individuals operating goods and services that violate consumer rights according to Clause 4, Article 26 of the Consumer Protection Law and Article 23 of this Decree;

e) Reporting on the results of state management over consumer protection in the district periodically or upon request from higher authorities;

g) Other responsibilities prescribed in Article 49 of the Consumer Protection Law.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 36. Effective Date

This Decree takes effect from December 15, 2011.

Article 37. Responsibility for Implementation

1. The Ministry of Industry and Trade shall take the lead and coordinate with the Ministry of Home Affairs and provincial People's Committees in guiding the implementation of state management over consumer protection in localities.

2. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial and centrally-administered city People's Committees, and related organizations and individuals are responsible for enforcing this Decree./.