Order No. 16/2010/L-CTN on the promulgation of the Law on Protection of Consumer Rights

Article 1. Scope of regulation Pnrsuant to /vrticl c 91 ofthe 1_(/\\' all Orgnniiution o] the National Asscmblv; This Law provides the rights and 70 Issue nos 09·12/March 2011 (Cong Baa nos 165-166!Apn/1. 2011) obligations 01 C0I1S111rlCrS: responsibi litics 01' life. hcalt h or property of consu mcrs even in goods and service traders toward consumers: case such goods is manufactured according responsibilitics or social organizations tor to current standards or technical reguluuons consumer right protection: settlement 01' but its defects have not been detected at the disputes between consumers und ;;ood,; arid time it is suppl io d to ConSUl11erS, includ ing: service traders; and state munugcrncnt al Mass-produced goods with defects responsibilities forconsumer right protection. :u'isin,T I"rn!ll their t('chni(',l1 (h:sion: .. "--C - - - ,-' h/ Individuul goods with defects arising

Article 2. Subjects of application during production, processing, transportation This Ul\V applies to consumers: goods and or storage; service traders: agencies, organizations and cl Likely unsafe goods without adequate individuals involved in the protection or instructions and warning to consumers. consumer rights in the territory of Vietnam. 4 HurasSIJJl'1I1 o] (( consnmer means an

Article 3. Interpretation of tenus act 01' directly or indirectly contacting it consumer to introduce a goods. service or In this Law, the terms below arc construed goods or service trader or soliciting contract as follows: conclusion against the consumer's will, 1. Consuinc-): menus the buyer or uxe r of ~l obstructing and affecting the normal work or goods or service for consumption or day-to- day-to-day activities 01' the consumer. day activities of a person, a household or an 5, Mo del cont ract me an s a conuac i organization. prepared by a goods or service trader fur 2. Goods or service trader means an transact io ns wj t h consumers. organization or a person carrying out one 6. General transaction conditions means step or some or all steps of an investment regulations and rules 011 goods sale or service process, from production to sale of goods provision announced by a goods or service or service provision on the market. for trader for application to consumers. profit, i nc lu d i 11g.: aJ Traders defined under the Commercial 7, Meiluuicm means the settlement or a Law; dispute between a consumer and a ~()()ds or service trader through il third party bl Persons engaged In independent and regular commcrciul activities which arc not Artic!c 4. Principles of consu me r right subject to business rl'gistration. protection 3. Delenil'(' good' means a goods which I. Consumer ri~llt protection is the joint is unsafe to consumers and likely harms the responsibility of the State and the whole Issue nos 09-12JMa.rch 2011 71 (Cong Beo nos 165-166/Apn/l, 2011) society. in consumer right protection. 2. Consumer rights arc respected and Article 6. Protection of consumer protected under law information J. Consumer rights must be protected 1. A consumer lllay have hi~i/her promptly, fairly, transparently and lawfully. information kept secure and con Iidential 4 Consumer rizht protection activities when making transactions and using goods must not infringe upon the State's interests or services except upon request by J and legitimate rights and interests of goods competent state agency. and service traders and other organizations 2. When collecting. using and transferring and persons. information about consumers. a goods or service trader shall:

Article 5. State policies 011 consumer right protection aJ Clearly and publicly notify consumers in advance of the purposes of collection and J. To create favorable conditions for usc of their information; organizations and individuals to proactively hi Obtai n consumers' consent before using participate in consumer right protection. their information for the purpose already 2. To encourage organizations and nuti C'led tn COIJSLllllCIS. individuals to apply and develop advanced cl Ensure security, accuracy and technologies to manufacture and provide safe completeness of consumer information and quality goods and services. duri ng colleen on, usc and trans fee J. To regularly and comprehensively take dJ Update and C01TCCt iufo rrnat i on, or take measures to manage and control goods and measures to enable consumers to update and service traders in law observance. correct inaccurate information; 4. To raise all resources to mcrcase el Obtain consumers' consent before investment in physical foundations and transferring their in format ion to a third party. human resource development for agencies unless otherwise provided by law. and organizations engaged in consumer right protection; to J'cgularly un d increw;illgty Ar-ricle 7. Consumer right protection in counsel and assist consumers and disseminate t rnn s act io n s with persons engaged in and guide knowledge for them, i ndc pc ndc nt and regular commercial activities not subject to business rcgistnuion 5. To enhance intermuional illte~l"iltioll and expand international cooperation and sharing I. Pursuunt i o this Law and other relevant of information and nunagcmcnt experience laws. thl: Govrrumcnt shall issue detailed 72 1!;!;lJp' nos 09·121March 2011 (Gong Baa nos 165-166/Apnf 1 2011) regulations on consumer right protection in contents of agreement when making transactions with persons engaged in transactions with a goods or service trader. i n dc pe n dc n t a n d regulal CUTlllJICICiul 4. To gi vc feedback to goods or servi ce activities not subject to business registration. traders on goods or service prices and quality, 2. Pursuant to this Law. tile Govcrnmcnrs servicing style. transaction modes and other regulations and specific conditions of matters related to transactions between the localities, People's Commitu:es of cons urner and goods or service I radcrs communes. wards and townships and 5. To participate in the elaboration and management boards of markets and trade i mp lc mc ntut ion of po lic i cs und lu ws on centers shall take speci ric measures to ensure consumer right protect: on. quality, quantity and rood s afct y for consumers who buy or use goods or services (J. To claim damages when a goods Ul of persons engaged in independent and service fails to meet standards or technical regular commercial activities not subject \0 rpf',JlI:lliolls or In n~:Jch the quality, quantity. business registration. utilities. prices or other matters as notified, posted up, advertised or committed by the

Article 8. Rights of a consumer goods or service trader. 1. To have his/her life, health and property 7. To lodge a complaint or denunciation safety and lcgiti mate rights and interests or initiate or request a social organization to assured when making transactions with or initiate a lawsuit to protect his/her rights using goods or services provided by a goods under this Law and other relevant laws. or serv ice 1ruder. g. To receive counseliug. assistance and 2. To be provided with accurate and guidance Oil consumption knowledge. adequate information on the goods or service Articl(' 9. Ohlig:ltinns of:J con cumr-r trader; contents or goods- or service-related transactions; and goods origin: and wi th 1. '1'0 check goods before receipt: to select transaotion-rc l.nc d invoices. vouchers and goods or s.cr vices or clear origin which do documents and other necessary information not harm the environment. are not contrary on the goods or services he/she has bought to fine customs and practices and social or used ethics. do not harm his/her and others' life and health: to properly and fully follow use 3. To select goods or services or goods or instructions lor goo us or services. service traders based 011 his/her needs and actual conditions: to decide to participate or 2. To notify concerned state agencies. not participate in t runsactions and select organi zaiions and indi vidual s when detect ing Issue nos 09-12/March 2011 73 (Gong BEIO nos 165-166IAprill. 2011) a marketed goods or service that fai Is to meet trade promotion activities or requests to make safety requirements or harms or likely harms direct transactions with persons without civil t he Ii rc, hcu lt h or propert y or coris umc rx or act c apuc i t y or with lust c i vi! act cdp<ll"ity. when detecting an act of a goods or service 5. i\ goods or service trader requests trader which intringes upon the legitimate consumers to P~IY for its goods or services rights and interests of consumers. provided without prior agreement with convurners. Ankle 10. Proh i bi ted acts (J. A consumer or a social organization l , A goods or service trader that makes engaged in consumer right protection or a deceitful or misleading advertisements or goods or service trader takes advantage of conceal information or provide incomplete, consumer right protection to infrinue upon u nt ru thfu I or i naccurutc i nformati on on. the interests of the State or the legitimate ai Its goods or servi ccs: rights and interests of another organization bl Its prestige, business capacity or goods or person. or service provision capacity: or, 7. A goods or s cr vrcc trader takes cl Contents and characteristics of advantage of consumers difficulty or a transactions between it and consumers. natural disaster or an epidemic to provide pour-quality goous or services. 2. A goods or service trader harasses consumers through goods or service g. An organization or individual trades in marketing a;':i1illst consumers" will 1'01' 2 or poor-quality goods or services that harm the more times or cornmi ts an act that obstructs life, health or property of consumers. or affects the normal work or d:IY-TO-(!:Iy activities of consumers. Article 11. Handling of violations of the law on consumer right protection 3. A good!'; or s c r v i c e t rud er lo rc c s I. /\ person who violates the law 011 consumers by: consu mer right protection shul L depend: ng :11 I j"ing force or thr~~ltel1il1g to usc force on the nature and severity of hi s/hcr violation, or taking other measures that harm the life. be udministruti vely sanctioned or examined health. honor. prestige. dignity or property [or pcnal liubility. If cau:,ill~ damage. he/she of consumers: or. shall pay damages under law. b/ Taking advantage of consumers 2. An organization t hut vi o latc-, the law difficulty or a natura! disaster or an epidemic on consumer rig.ht protection shillI. depending. to force them into transactions. on the nature and severity of its violation, be 4. r\ goods or service trader carries out admiuistrarivc lv sill1ctitll1CU 1r l~tllSll1g. 74 Issuenos 09·12fMarch 2011 (Gong Bao nos 165-166IApriI1, 2011) damage, it shall pay damages under law. warranty. 3. A person who abuses his/her position 6. To accurately and fully notify or powers to violate the law on consumer consumers of j Is model contract and genera) right protccti onshai L depending on the nature transaction conditions prior t o a n v and severity of m s/rrer violation, be transactions. discipli ned or examined for penal liabi Iiry. If causing damage, he/she shal l pay c1am:lf"'!s Article 13. Responsibilities of third under law. parties for provi di ng i nforrnati on on goods or services for consumers 4. The Go ve rn rn e n t shall detail the sanctioning of administrative violations in I . When a goods or servi ce trader provi des consumer right protection information for consumers through a third party. SLiCh party shall: Chapter II al Provide accurate and complete RESPONSlB ILl TIES OF (,UUr)S Ai'\ D information on the goo ds or service to be SERVICE TRADERS TO\VARDS provided: CONSUMERS bl Request the goods or service trader to provide evidence for the accuracy and

Article 12. Responsibilities or goods and completeness or information on the goods or service traders for providing information on servIce; goods and services for consumers e/ Take jo i nt rcsponsibi 1i ty fur providi ng l. To label goods under law. inaccurate or incomplete information unless 2. To post Lip prices of goods Of services it C;lll pfOW' TIl;I! it h.rs r;;kl'll all measurr-s at business places and service offices. required by law to verify the accuracy and completeness of inforrnau on on the goods or 3. To notify consumers of ~o()ds' Of service; services' possible adverse impacts on their health, life or properly. and prcve nt i vc dl Ohserve the laws on press and measures. advertising. 4. To provide information on its capacity 2, When a goods or service trader provides to supply spare parts and accessories of information on goods or services in the mass goods. media. the owner of the mass medium or the comrnumcut ion service provi dcr shall: 5. To provide Lise instructions; and warranty conditions. duration. places and al Comply with Clause I of this Article: procedures, I'or goods or services with h I \V ()r K ()uta 11d de vel 0 pte c h n i c a I Issue nos 09·12fMarch 2011 75 (Cong Baa nos 165-166/ApriI1_ 2011) solutions to prevent its medium or service consumers and general transaction conditions from bein)! used for hu ru s s ru cu t of 1. Tcrrns or a l'Ollt ruct vvi t h : I (-()Il Slllll,'f or consumers; general transaction conditions arc invalid cl Refuse a goods or service trader's usc when they: of its rucdi Llill or service if such use Can harass al Exclude responsibilities of" the goods con s umcrs: or service trader toward the consumer under d/ Stop a goods or service truders usc of law; its medium or service for harassment of b/ Restrict or exclude the consumer's right consumers at the request or consumers or a to lodge cornplai nts or lawsuits; competent slate agency. cl Allow the goods or service trader to

Article 14. Contracts with consumers unilaterally change the contract's conditions already agreed with the consumer, or change 1. Fo rms of contracts concluded with rules and regulations lJlL guulb xule 01 service consumers comply with the civi I law. provision applicable to consumers who buy 2 A \ni 11['n coni r:lcl wi: 11 a consumer must ,inri liSt' L~nods nr services, which are not usc plain and understandable language. which specified ill the contract: is Vietnamese, unless otherwise agreed by d/ Allow the goods or service trader to involved parties or provided by law. unilaterally determine that theconsumer fails 3. When a contract is c o nc ludc d to perform one or some obligations; clccuonicull y, a goods or service trader shall el Allow the goods or service trader to set create conditions for a consumer to review or change prices at the time of goods delivery the whole contract before its conclusion. or service provision: 4. The Government shall detail other fl Allow the goods or service trader to forms of concluding contracts with Interpret the contract when its terms are consumers _ construed differently: gl Exclude rcsponsihi liucs or the goods Article l Si lntcrprctation of contracts with or service trader ill case of goods sale or COTlSLln1Crs service pro v is.io n through a third party; When a contract can he understood hi Force c o n su mc rs to fulfill i hc i r d i tf'c rc nt l y. the organil.ation or person obl ig ai ions even when the goods Of service competent to settle disputes shall interpret tile trader Fails to fulfill its obligations: contract in favor or the consumer. if Allow l1w i~o()ds or service trader to Artidc 16.lnval'ld tenus ul conuacts wilh lrall~rer its rights und obligations to a third 76 Issuenos 09-12/March 2011 (Gong Baa nos 165-166/Apn/1, 2011) party without the consumers' consent. services shall register its model contract and general transaction conditions with a 2. Terms of a contract with a consumer or competent state agency in charge of' consumer general transaction conditions shall be right protection. announced to be in v aJ id under, and t hei r handling complies with. the civil law. 2. A competent state agency in charge of consumer ri ght protection may. i tsel r or at the

Article 17. Performance of mode 1 request of consumers. request a goods or contracts service trader to cancel or modi fy its model 1. Wilen concludmg a model contract With contract or ~cneral transaction conditions a consumer, a goods or service trader shall when detecting such contract or conditions give a reaco nub le time for the consumer to infringe upon consumer rights. study such contract. 3. The Government shall detail this 2. A goods or service trader shall keep a Article concluded model contract unti I such contract

Article 20. Responsibi lities for provision expires. A goods or service trader shall gi ve ot transaction evidences a consumer a copy of thc concluded model contract which is kept confidential by the 1. A goods or service trader shall provide consumer or IS damaged. consumers with invoices or vouchers and documents related to transactions under law

Article 18. A ppl i cati on of J:': ene ra I or at the cousumcrs ' request. transaction conditions ) When transactions are made 1. A goods or service trader shall publici y electronically, a goods or service trader shall notify consumers of its general transaction create conditions for consumers to access, conditions before making transactions with download, qore a n d print our invoice" consumers. vouchers and documents specified in Clause 2. Tile point of time for applying general 1 of this Article. transaction conditions must be specific and

Article 21. Responsibilities for warranty posted up at easy-to-notice places in on goods, parts and accessories transaction venues. Warranty shall be provided on goods. pans

Article 19. Control of model contracts and and accessories af, agreed by parties or general transaction conditions required by law. A trader of goods, parts and accessories subject to warranty shall: 1. A trader of goods or services on the Prime Minister's list of essential goods and I. Fully perf01111 its obligations to provide Issue nos 09·12/March 2011 77 (Cong BElO nos 165-166/April1. 2011) warranty on its goods. parts and accessories: Article 22. Responsibilities for recall of defective goods 2. Provide consumers with a warr:.mty card which must specify the time of mai ntcnancc. When detect i ng defecti ve goods, the Such time is excluded from the warranty producer or importer of such goods shall: peri od. When the goods trader replaces parts 1. Promptl y take all necessary measures or accessories or change the goods, the to stop the supp iy otsuch goods in the market: warranty period for such parts. accessories or goods shall be counted from the time of 2. Publi sh information on defccti ve goods replacint!- those parts or aCCCSSOrIC:, 01' and it" n.'c~\ll on at ll,,,q 'i cnr1SCClJliv(~ isslIl's changing the goods: of a dai Iy newspaper or 5 consecuti ve days on the radio or television of the locality in 3. During the time of maintenance. which such goods is marketed, with the provide consumers with simi Jar goods. parts following contents: or acces sori cs for temporary use or offer <.Ii Description of the goods to be recalled; another soluti on accepted by consumers; bl Reasons for the recall and warning of 4. Cb a n g e similar g o o d s , parts or damage possibly caused oy defects of such accessories or recall goods, parts or goods: accessories and refu nd cons LL mers when it, cl Time. place and mode of recall: past the ti me of mai ntenance, fai Is to rcpui r or correct the faults: dl Ti me and mode of remedy of defects; cl Necessary measures to protect S. Change similar goods, parts or consumer rights during the recall; accessories or recall goods. parts or accessories and refund consumers when it :1. Recall defective goods as publicly Iai Is to COllect the faults after :3 or more times notified and pay expenses arising during the of maintaining such goods, parts or recal L accessories; 4. After completing the recall, report its 6. Pay expenses for the r e pai rand results to a provincial-level state management transportation of goods, parts and accessories agency in charge of consumer light protection to maintenance places ami From such places uf tilt':: locality ill which defective guods are to consumers' pi aces of resi deuce; recalled or to the central state management agency in charge of consumer [ig ht protection 7. Be held responsible for warranty on whe 11 dctcc ti vc goods are recalled in 2 or goods. parts and accessories for consumers 11101'e prOVI nee". even whcn it authorize.'; another or~ani/.ution or person to provide such warranty. Article 23. Rc.s pons ib i liti es fur 78 1.'),~Jd.,E:L!!Qfi 09·121March 2011 (Cong Beo 110S 165-166/ApriI1. 2011) compensation of damage caused by defective protection by state management agencies goods 1. When dcrcct in g that v io lut ion s of thc J. Goods traders shall pay damages when law on consumer right protection of a goocls their defecti ve goods harm the li fc. hcalt h or or service trader hal rn the interests of the property of consumers even when they are State, interests of many consumers or public not aware about or not at fault for such interests. a consumer or SOCIal organization defects, except the case defined in Article 24 may directly request or send. a written request of this LaW. to a district-level state management agency in charge of consumer ri gin protection of the 2. Goods uaders provided in Clause I of locality in which transactions are made for this Article include: sctt lcment. aI Goods producers; 2. A consumer or social organization IS bl Goods imporu.rs ; obliged to provide information an d evidence cl Organizations and persons with their related to violations of a goods or service commercial names on goods or using trader. trademarks or commercial indicators showi ng that they arc goods producer s or i III porte rs: Article 26. Settlcmcru of request for L:UJlSUIIICI I iglil protection d/ Direct suppliers of goods to consumers incase those rcsponsi hi e for paying damages I. When receiving a consumcrs request, specified .ll Points <I, b an d c uf this Clause a district-level state management agency in are unidentifiable. charge of consumer right protection shal I 3. Damages shall be paid under the ei vi I request invo lvc d parties to gi vc cxplanarious , law. provide information and evidence or itself veri fy and co I lect i nformati on and ev ide nee

Article 24. Exemption from liability for for settlement under law. c ompcnsat i o n for damage caused oy 1, A district-level st:..it e management defecti vcg ood s agency in charge of consumer right protection Goods traders defined in Article 2J of this shall issue a written reply on the settlement Law arc exempt from liability for paying of a request for consumer right prorcciion. damages when they can prove that the defects When concluding thai a goods or service of goods are undctcctuh le gi ven the scientific trader infringes upon consumer rights. tile and technical level at the time they supply written reply must com ain the following goods 10 COI1SLlIllLTS. contents:

Article 25. Request for consumer n!,hl a/The violation: Issue nos_09-12fMarch 2011 79 (Cong Beio nos 165-166/Apri/l, 2011) hi Remedies: 2. Soci cd or~Lln i zut iun s ' CUllS L1IllC r right protection activities must comply with this c/Tirnc for taking remedies: Law and relevant laws. d/ Administrative handling measures (if any). Article 28. C'on tents of CO[lSU mer ri ght protection 11Y social organizations 1 The remedies provided at Poi nt b. Clause '2 of thi s Article include: J. A social organization rnuy protect consumer rights hy: a/ Forcing the goods or service trader 10 recall or destroy goods or stop provi di ng al Guiding, assisting arid counseling goods or services; consu mcrs upon req ucst: bl Terminating or suspcndi I1g husi ness bl Representing a consumer to initiate a operations of the violator; l awsurt or nunaung a Iawsuit lor publrc interest: cl Forcing the goods or service trader to remove the term that infringes upon consumer c/T'rovidi rig a state management agency rights from the model contract or general in char[!e of consumer right protection with transaction conditions. information Oil goods or service traders' violations of law: 4. In addition to the remedies provided in dl Independently surveyrnp .md (,>slinE. Clausc J of this Article. a goods or service goods or service quality and announcing its trader committing recidivism shall he survey and testing results: notifyi ng and i nclude d in the list of floods or service traders warning consumers of goods or services and infringing upon consumer rights. take responsibility before law for such 5. The (Joverllmcnt shall d ct ai l this notification and warning: proposing Article. COI1lPClL'1lt state agencies to handle violations of the law on con" umcr ri ~.h( protect i on: Chapter III cl Participating in the elaboration of laws, RESPO:-\Slf31UTIES Of SOCIAL guidelines, policies. orientations. plans and ORCiANIZATI00.'S POR CO:\SUMER measures for consumer right protection; RlCillT PROTECTION fl Performing tasks assigned by state

Article 27. Social organizations engaged agencies under Article 29 of this Law: in consumer right protection gl Di ssc m i nnt i n g , popularizing and c ducut inp about laws and knowledge Oil I. Social oq.!anizations l awfu l i v consumption. cstabl i shed and operating under their charters may participate in consumer riglu protection. The Go vc rn mc nt shall st i pu lat c 80 Issue nosQ9·12fMarch 2011 (Gong BaG nos 165-166/ApriI1 2011) conditions for social organizations cugugeu illlcr<::-,ts of l1lany c un s u ruc.rs or public in consumer right protection to exercise the interests. right tn initiate l.iws u ir s for pub lie interes t under Point b. Clause I of this Article. Section t A rticlf' 29. Performance of tasks assigned r\EGOTIArION by state agencies

Article 31. Negotiation 1. When performing tasks assigned by state agencies, a social organization engaged I. Aconsurncr may send a written request in consumer right protection may receive for negotiation to a goods or service trader financial supports from the State and other when beticvmg that his/her iegrumutc rights conditions under law. and interests are infringed upon. 2 The Governrncnt shall specify tasks 2. A goods or service trader shall receive assigned by state agencies to social a consumer's request lor negotiation and organivations cngugcd in consumer right negmialt: with the CUIiSUlllCI wuluu ? "'lJlking protection. days after recei ving such request. Chapter IV Article 32. Negotiation results SETTLEMENT OF DJSPL'TES Results of successful negoti arion between BETWEEN CONSUMERS AND GOODS a goods or service trader and a consumer shall AND SERVICE TRADERS he made in writing, unless otherwise agreed by patties.

Article 30. Modes of settling disputes h~twe"l1 ro ncu me rs and goods or service Section 2 traders MEDIATION 1. A dispute between u c ons u mc r unci a

Article 33. Mediation goods or service trader shall be settled through: A goods or scrv ice trader and a consu mer alNegotiation; may agree to select a third party being a bl Mediation; person or mediation organization to mediate thei r dispute. cl Arbitration: dI Cuu rt. Article 34. Me diut.i c n principles 2. Negotiation and mediation do not apply l , Assurance of obje ct i vi t y, honesty, to disputes that harm the interests of \Ile Stutc. goodWill and no constralm or deception. Issue nos09-12/March 2011 81 (Cong Baa nos 165-166/Aprr/ 1, 2011) 2. Mediators and i nvol vcil parties sli<LlI w i t h i n t h c t i inc l i n i i t s pe c i ti c d in tile keep con 1'1 d c n t i a l me di ut i on-related mediation record. When a party fails to information. unless otherwise arreed hy the voluntarily do ';0. the other rnay illiti;l1~ ;1 parties or provided by law lawsuit before a court for settlement under law.

Article 35. Mediation organizations Section 1 Organizations and individuals satisfying the conditions provided by the Government ARBITR/\TION may establish mediation organizations to settle disputes between consumers and ;oods Article 38. Effect or arbitration term or service traders. Before concluding a contract. a goods or service t ra dcr shallnoti fy a consu mer of the

Article 36. Mediation records arbitration term which is acceptable to the 1. A mediation record must contain the consumer. In case the goods or service trader following principal contents: includes the arbitration term in its model contract or general transaction conditions. al Mediating organization or person: when a di sputc arises. an i ndi vi dual consumer h/ Parties involved in the mediation: may select another mode for settlement e! Mediation contents:

Article 39. Order and procedures for d/ Ti me and pi ace of medi ati on: di spute settlement by arbi trati on cl Opinions of parties involved in the The order and procedures for dispute mcdiati on; settlement by arbitration comply with the law fI Mediation results: on commercial arbitration. g/Tirne limit for implementing mediation

Article 40. Hu rdcn of proof results. The burden of proof In dispute settlement 2. A mediation record must contain 11y arbitruuon complies with Ani cle 42 or this si g n atutcs of' the parties involved in Law. mediation and signature of the mediating organization or person. Section 4

Article 37.llllplemClllation n(!1wdi:ltiO!1 D1SPI iTE SETTLEMENT BY COURTS results

Article 41. Civi I cases Oil consumer right Purti cs :;hall i mplcmcnt mcdi ati on results protection 82 Issue nos09·121March 2011 (Cong BaD 110S 165-166/Apri/1, 2011) 1. A civil case on c o n su rnc r right law UII le~al coxt s and court fees. protection is the case in which the plaintiff is 2. A consumer initiating a civil case to a c onsurne r or a social organiz~lliolll'l1g~I[':('d protect his/her legitimate rights and interests in consumer right protection under this Law. is not required to advance legal costs and 2. A civil c u s c on c o ns u m c r right court Ices. protection shall be settled according to simple procedures under the law on civil procedures Article 44. Notification of civil cases on when it fully meets the following conditions: consumer right protection initiated by social organizations a/The plaintiff is an individual consumer. The defendant is an organization or a person I. A social organization enga~ed in directly supplying the goods or service for Consumer right protection shall rnukc public the consumer; notice of its lawsuit in an appropriate form b/ The case is simple with clear evidence; and take responsibility for such notice und cl:'>"urc t h ut such doc s 110L affect normal c/The transaction value is less than VI'\D operation of the goods or service trader. IOOmillion. 1_ A notice pruvidcd in Clause 1 or this

Article 42. Burden of proof in civil cases Artie le covers: 011 consumer right protection a/ The social organization engaged in l , A consumer is Obliged to provide consumer right protection initiating the evidence and prove' in a c ivi l case to prO!l'c't la wsui}: his/her legi ti mate ri ghts and illwrests under bl The sued goods or service trader: the law on CIvil procedures, except proving cl Detai Is or the lawsuit; faults of a goods or service trader. Lil Procedures and time limit for 2. A goods or service trader is obliged to purt icipat ing in the casco prove that it docs not commit felUlts causing damage. :1,Acourtshall publiclypostupat its office its acceptance ota casc within i: workIng days 3. A court shall clecide on the part y at lau It after receiving the case under the law on civil in a ci v it case on Cons umer righ t protection. procedures.

Article 43. Legal CO.)IS and court fees for

Article 45. Notification of court civil cases on consumer ri gh t protection judgments or rulings on sculcmcm of civil I. Legal costs and court fees for ci vi I cases cases on consumcr right protection initiated on C0I1SUIllel ri~lll protcctiun cmuply Willi tile \,y ~(Jci<ll Ul,!2il1liZUlirlllS ISSUG nos 09-121March 2011 83 (Cong Beo nos 165-166/Apnl1. 2011) i\ court judgruern or ruling OIl settlement 4. lcoplcs Committees of all levels shall, of a civil case on consumer right protection within the ambit of their tasks and powers. ini tiutcd by a social organizaLion shan IJl~ pcrt orm the state munagemcnt 01 consumer publicly posted up at the court office and right protection in their localities. jl"bli,hf.'d in the ma" nl,.'dia in an appropriate Conn. Ar-ticle 48. Rc s po n s i h i l i t ie s of the Ministry of Industry and Trade A rticle 4(•. Damages in ci vi I cases on I. To pro mu l g ate according to its consumer right protection initiated by social or~llllizLlti{)ll for public in tcrc st competence or propose competent slate agencies to promulgate strategies. master Damages in a civi I case I'm consumer right plans. plans, programs. projects, policies and pro tcc tion initialed by u social organization laws on consumer ri gilt protection and for public interest shall he paid under the organize their en torccmen t. courtjudgment 01" ruling, 2. To manage consumer right protection ChapterV activities of social organizations and STATE MANACiEME'\T mcdi anon organ izarions: to manage mode I RESPONSII~[[JTIESFOR ('()!\'St JMl·J{ contracts and general transaction conditions RICaIT PROTl:CTION IIHelP!" Article !C) of thi s Law 3, To disseminate, popularize and educate

Article 47. State management ab ou t 1he Ia v\" 011 consu Iller ri gilt protecl ion; rcsponsihi litics for consumer right protection 10 counsel and assist consumers in and raise 1 The Govenllllcnt sh al l perform t he their awareness about consumer right uni form state management of consu Iller ri gh t protection. protection, 4. To form :1 dat:lh:lsc for r.nn sumer rigbt 2. The Ministry ofIndustry and Trade shall protection: to train human resources and train take responsibility before the Govcmmcnr for in profess: onal operations for consumer light performing the slate m an ag cmc n t of protection. consumer right protection. 5. To inspect, examine, settle complaints and denunciations and handle violations of J, Ministries and ministerial-level the law on consumer right protection agcncies shall, within the ambit oftheir tasks according to its competence. and powers, coordinate with the Mini suy of Industry and Trade in performing the stale (J, To carry out international cooperation management of consumer rip-ht protection. in consumer righl protection. 84 Issue nos 09-121March 2011 (Cong Bao nos 165-166/Apnl1. 2011)

Article 49. Responsibilities of People's and guide other necessary contents of this Committees or all levels Law to meet state management requirements. 1. To promulgatc according to their This Lm1' was passed Oil November 17. competence or propose competent state 2010. bv the xtr: National Asscmb!v ofthe agencies to promulgate legal documents on Social ist Republic of vietnam (I[ its 8'" .\es.\HJl1.~ consumer right protection and organize their enforcement in their localities. Chairman of the Nat ional Assembl» 2. To manage consumer right protection NCitJYEN PHTJ TROr\G activities of local social organizations and mediation organizations. 3 To disseminate, popularize and educate about the law on consumer right protection: to counsel and assrst consumers m and raise their awareness about consumer right protection in their localities. 4. To inspect, examine. settle complaints and denunciations and handle violations of t he Iaw on con s u mer ri ght protection according to thcir competence. ChapterVI IMPLEMENTATION PROVISION-S

Article 50. Effect This Law takes effect on July 1.20 I I. Ordinance No. I 3/1999/PL-lIBTVQHQ 10 on Consumer Right Protect ion ceases to be effective on the date this L.l\V takes effect. Artie1P 51 Lmplc rnerunt i on dcrai ling and guidance Tht' Govc rn mcnt shall detail and gliidL: artie les and clauses or thi s Law as assigned;