DECREE NO. 99/2011/ND-CP. DETAILING AND GUIDING THE IMPLEMENTATION OF CERTAIN PROVISIONS OF THE CONSUMER RIGHTS PROTECTION LAW

 

DECREE

DETAILING AND GUIDELINES FOR IMPLEMENTATION OF CERTAIN ARTICLES OF THE CONSUMER RIGHTS PROTECTION LAW
__________________

THE GOVERNMENT

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

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

Considering the proposal of the Minister of Industry and Trade,

DECREE:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates consumer protection 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 contract is a service contract with a term of three (03) months or more or an indefinite-term service contract.

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

Chapter 2.

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 Government Decree No. 39/2007/NĐ-CP dated March 16, 2007 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 stated.

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 market management boards' internal rules, approved by competent authorities.

Article 5. Responsibilities of Market Management Boards, Business Operators of Markets and Shopping 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 balance scales and measuring devices at markets and shopping 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 shopping center areas.

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

6. Announcing and coordinating with competent 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 shopping 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 the 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 shopping centers within their jurisdiction in implementing approved internal regulations. In cases where there is no Market Management Board or business operator of markets and shopping centers, the People's Committee of the commune shall be responsible for taking measures to protect consumer rights within the market and shopping center area.

2. Managing and inspecting the activities of individuals engaged in independent trade without registration operating outside the market and shopping center area within the commune to protect consumer rights.

3. Coordinating with county and provincial competent authorities on trade, market management, food safety, standards, measurement, and quality in managing and inspecting the business activities of individuals engaged in trade 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 shopping center area; creating conditions for individuals to conduct business within the market and shopping center area.

Chapter 3.

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. Written in Vietnamese, with clear and understandable content; font size no less than 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 included in the list of goods and services that must be registered according to the Prime Minister's regulations, business organizations and individuals must comply with the registration procedures stipulated in this Decree.

2. Standard contracts and general terms of trade may only be applied to consumers when the registration process is completed as prescribed in 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 registration documents for standard contracts and general trading conditions shall include the following materials:

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

b) Drafts of standard contracts and general trading conditions.

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

3. In cases where registration documents are submitted directly, the staff receiving the documents must prepare a receipt, the date of document receipt being the date recorded in the receipt. For registration documents sent by post, the date of receipt is calculated based on the postmark. For documents sent electronically, the time of receipt is calculated from the confirmation message sent by the competent 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 conducting 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 conducting 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. Provisions without effect as stipulated in Article 16 of the Consumer Rights Protection Law.

2. Provisions at Article 7 of this Decree.

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

Article 14. Completion of Registration

1. Within 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 conducting trade. In case of non-acceptance of registration of standard contracts and general trading conditions, the competent state authority must send a written response to the organization or individual conducting trade explaining 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. Resubmitting Standard Contracts and General Trading Conditions

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 conducting business change the contents of standard contracts and general trading conditions.

2. The procedure for resubmitting standard contracts and general trading conditions shall be carried out like the initial registration as prescribed in this Decree.

3. Organizations and individuals conducting business must notify consumers about changes to standard contracts and general trading conditions after completing the resubmission process.

Article 16. Supervision of Standard Contracts and General Trading Conditions Not Subject to Registration

1. In cases where the contents of standard contracts and general trading conditions violate laws on protecting consumer rights 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 conducting business to amend or cancel such violating contents.

2. In cases where the contents within standard contracts and general trading conditions are unclear or have multiple interpretations, the competent authority has the right to request organizations and individuals conducting business to explain and clarify the contents within those standard contracts and general trading conditions.

3. Within ten (10) working days from the date of receiving the request from the competent authority, organizations and individuals conducting 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 terms with consumers or general trading conditions and causes damage to consumers, it shall be handled according to civil law regulations.

Section 2. SOME SPECIAL CONTRACTS ENTERED INTO WITH CONSUMERS

Article 17. Remote Contracts

1. When entering into remote contracts, organizations and individuals conducting business must provide consumers with the following information:

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

b) Quality of goods and services;

c) Delivery costs (if applicable);

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

đ) Duration of validity of the 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 conducting 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 conducting 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 conducting business. Consumers are not required to pay any fees related to 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 conducting 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 period, organizations and individuals conducting business must pay interest on the delayed payment amount at the basic interest rate published by the State Bank corresponding to the delay period at the time of payment. Refunds shall 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 conducting 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) Service quality;

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 fulfill 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 ceasing service provision;

c) The organization or individual providing the service must regularly check the quality of the services they provide, ensuring the quality of the service as 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 it.

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 fulfill 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 to conclude the contract when the consumer has refused;

c) Explain to the consumer the terms of the contract and other information related to goods and 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 4.

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 responsible for protecting consumer rights 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 substance 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, the responsible officer must examine and accept the request.

In cases where consumer rights protection requests are made directly, the responsible officer must record the request in writing and require the consumer or representative of the social organization participating in consumer rights protection to sign or affix their fingerprint to confirm the written record.

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

Article 22. Handling Consumer Rights Protection Requests

1. After receiving consumer rights protection requests, the competent authority shall proceed to handle them. Where necessary, the competent authority may require the parties to provide additional explanations, information, and documents to facilitate the handling of the consumer rights protection request.

2. Within fifteen (15) working days from the date of receipt of a valid consumer rights protection request, the competent authority 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 process of handling consumer rights protection requests, if the competent authority determines that the case involves violations of administrative penalty laws or falls under the jurisdiction of another agency, the file shall be transferred to that agency for resolution and clearly stated 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 goods and services 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 public disclosure of the list. In cases involving two or more provinces, the Ministry of Industry and Trade shall be responsible for public disclosure of the list.

2. The list 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 the public disclosure includes:

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

b) Violating acts and locations;

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

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 centers shall publicly disclose lists of organizations and individuals violating consumer rights within the market or shopping center they manage.

Chapter 5.

SOCIAL ORGANIZATIONS PARTICIPATING IN CONSUMER RIGHTS PROTECTION ACTIVITIES

PART 1. INSTITUTIONAL CLAIMS FOR THE PROTECTION OF CONSUMER RIGHTS

Article 24. CONDITIONS FOR SOCIAL ORGANIZATIONS TO PARTICIPATE IN THE PROTECTION OF CONSUMER RIGHTS TO INITIATE SUITS ON THEIR OWN BEHALF FOR PUBLIC INTEREST

Social organizations participating in the protection of consumer rights have the right to initiate suits on their own behalf for public interest when they meet 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 interests related to consumer rights.

3. Have at least three (03) years of operational time from the date of establishment of the social organization to the date it exercises its right to initiate suits independently.

4. Have an operational scope at the provincial level or higher.

Article 25. OBLIGATIONS OF SOCIAL ORGANIZATIONS PARTICIPATING IN THE PROTECTION OF CONSUMER RIGHTS WHEN INITIATING SUITS ON THEIR OWN BEHALF FOR PUBLIC INTEREST

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

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

2. To ensure the participation rights of consumers related to the case.

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

Article 26. SOCIAL ORGANIZATIONS PARTICIPATING IN THE LITIGATION PROCESS

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

PART 2. IMPLEMENTATION OF TASKS ASSOCIATED WITH THE TASKS OF THE STATE

Article 27. CONDITIONS FOR SOCIAL ORGANIZATIONS PARTICIPATING IN THE PROTECTION OF CONSUMER RIGHTS TO PERFORM TASKS ASSOCIATED WITH THE STATE'S TASKS IN PROTECTING CONSUMER RIGHTS

Social organizations participating in the protection of consumer rights may perform 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 operational time.

4. Have an operational scope at the provincial level or higher.

Article 28. STATE TASKS ASSIGNED TO SOCIAL ORGANIZATIONS TO PERFORM

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

1. Propaganda, dissemination, and education on the rights and obligations of consumers.

2. Guidance and training to enhance consumer awareness.

3. Counseling and support for consumers.

4. Conducting research, surveys, collecting opinions, and reflecting the needs of consumers.

Article 29. AUTHORITY TO ASSIGN TASKS FOR THE PROTECTION OF CONSUMER RIGHTS 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 have the necessary conditions to operate nationwide or in two provinces or more.

2. The Chairman of the People's Committee of a province decides to assign tasks associated with the state's tasks in protecting consumer rights to social organizations that have the necessary conditions to operate within their province.

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

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

Chapter 6.

ORGANIZATIONS FOR CONSUMER DISPUTE RESOLUTION BETWEEN CONSUMERS AND BUSINESSES

Article 31. Authority to Establish and Dissolve Dispute Resolution Organizations

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

1. State management agencies for consumer protection.

2. Social organizations participating in consumer protection.

Article 32. Mediators

1. Vietnamese citizens who meet 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 having been convicted without having their criminal record expunged shall not serve as mediators.

Article 33. Responsibilities and Authorities of Dispute Resolution Organizations

During their operation, dispute resolution organizations shall have the following responsibilities:

1. Comply with the provisions of the law.

2. Respect the agreements of all parties; shall not threaten or coerce any party 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 the law provides differently.

4. Shall not take advantage of 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 interests, or have signs indicating the formation of a crime.

Chapter 7.

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 is the agency assisting 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.

Departments of Industry and Trade assist the Chairmen of Provincial People's Committees in implementing state management over consumer rights protection in their respective provinces.

3. District People's Committees decide on the units assisting the People's Committee in performing state management functions over consumer rights protection within their districts.

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

1. Departments of Industry and Trade shall have the responsibility to assist Provincial People's Committees 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, submitting them to the Chairman of the Provincial People's Committee for decision-making on assignment of tasks related to the State's responsibilities;

c) Supervising the implementation of tasks when assigning social organizations to protect consumers;

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

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

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

g) Publicizing the list 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 rights protection in their province periodically or upon request from higher-level competent 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 District People's Committees in performing state management over consumer rights protection shall 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 managed districts;

c) Assisting District People's Committees 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 to Village 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) Publicizing the list 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 rights protection in their district periodically or upon request from higher-level competent authorities;

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

Chapter 8.

IMPLEMENTING PROVISIONS

Article 36. Effective Date

This Decree shall take 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 the People's Committees of provinces to guide the implementation of state management over consumer protection at the local level.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the Central Government, relevant organizations and individuals are responsible for enforcing this Decree./.