Decree No. 99/2011/ND-CP detailing and guiding a number of articles of the Law on Protection of Consumer Rights

Decree No. 99120llJND·(]) of October 27, 2011, detailing and guiding' a number of articles of the Law on Protection of Consumer Rights THE GOVERNMENT Pursuant to the December 25,2001 Law on Organization of the Government; Pursuant to November 17, 2010 Law No. 59120101QH12 Oil Protection of Consumer Rights; At the proposal of the Minister of Industry and Trade, DECREES: Chapter I GENERALPROVISIONS Article 1. Scope of regulation This Decree provides the protection of consumers in transactionswithpersonsengaged in independent and regular commercial activities not subject to business registration; contracts-with consumers and general transaction.conditions; settlement ofconsumer right pro.tection requests; social organizations engaged in consumer right protection; mediation of disputes between consumers and institutional or individual tl aders and state management of consumer right protection. Article 2. SUbjectsof application This Decreeapplies toconsumers;goodsand Is§- ll\'.I1'1$ 91n51i}Gt~Qr:n.fIJ H (Gong 880 IiOS 57J574!NovuniJAI 6, ?OI/) service traders; and agencies, olgaliizations ,mel persons involved in consumer ri,ght protection in the territory of Vietnam. Article 3. Interpretation of terms In this Decree, the terms belowarc construed as tollows: I. Distance contract means a contract concluded between a consumer and a goods or service trader via an electronic device or by telephone. 2, Continuous service contract means a contract on service provision with an indefinite term or a term of three (3) months or morc. 3. Door-to-door sale means the sale by a trader to a consumer at the latter's home or office. Chapter II PROTECTION OF CONSUMERS IN TRANSACTIONS WITH PERSONS ENGAGED IN INDEPENDENT AND REGULAR COMMERCIALACTlVITlES NOT SUBJECTTO BUSINESS REGISTRATION Article 4. Responsibilities of a person engaged in independent and regular commercial activities not subject to business registration I. Toguarantee the quality,quantity, use and foodsafetyof his/hergoodsor servicesprovided to consumers under the law on consumer protection, thecommercial law and other related laws. Issue nos 03·05fOctober 2011 (Cong Baanos 573-574lNovember 6,2011) 2. Not to supply consumers with the goods and services provided in Clause 1, Article 5 of the Government's Decree No. 39/2007/ND-CP of March 16, 2007, on persons engaged in indcpeudeut ami regular couuuercial acti vities not subject to business registration. 3. To truthfully and fully provide information on his/her goods or services provided to consumers under the law on consumer protection, the commercial law and other related laws. 4. To change goods for or take back goods hom and refund a consumer when his/her goods fail to meet requirements on quality, quantity or use as earl ier informed to the consumer. 5. To comply with decisions on goods recall when his/her goods are subject to recall and bear expenses for goods destruction when his/her goods are subject to destruction under decisions of competent agencies. () In addition to Clauses 1,2,3,4, and 5 of this Article. a person engaged in independent and regular commercial activities not subject to business registration operating in a market or trade center shall fully comply with rules on co nsu me r protection set by the market management unit or the market or trade center operator and approved by a competent :l2t'llry Article 5. Responsibilities of a market management unit or market or trade center operator 65 basic contents on consumer right protection, including: a/ Rights and responsibilities of consumers; bl Rights and responsibilities of sellers: cl Persons responsible for receiving and settling requests and feedback of consumers; cl Measures to handle violations. 2. To mediate disputes between consumers and sellers within the market or trade center when so requested. 3. To place, and maintain operation of, scales or measuring devices ill the market or trade center for consumers to check the quantity and quality of goods. 4. To regularly supervise the quality and quantity of goods in the market or trade center 5. To set up, and publicly post up the number of, a telephone liotii lie fOl Iecei ving and settl i IIg consumer requests sui table to the grade of the market or trade center as classified under law. 6. To biannually report on, and coordinate with functional agencies in charge of trade, market control, food safety, and standards, measurement and quality in, the control of quality, quantity, origin and food safety of goods and services within its market or trade center. 7. To report to competent agencies when detecting violations of the law on consumer right protection and other related laws. R. To handle viohtions under its approved I. To issue rules under law which must cover rules. 66 Article 6. Responsibilities of commune level People's Committees 1. To examine and supervise market management units and operators of markets and trade centers in their localities in implementing approved rules. When there is no market management unit or market or trade center operator, to take measures to protect consumer rights within markets or trade centers. 2. To manage and inspect activities of persons engaged in independent and regular commercial activities not subject to business registration in their communes who operate outside markets and trade centers in order to protect consumer rights. 3. To coordinate with district- and provincial-level functional agencies in charge of trade, market control, food safety, and standards, measurement and quality in managing and inspecting activities of individual traders in their communes. 4. To handle violations of regulations on consumer protection according to their competence and law. 5. To mobilize and encourage individuals to carry out commercial activities in markets and trade centers; to create conditions for individuals to carry out business activities within markets and trade centers. Chapter III CONTRACTS WITH CONSUMERS AND GENERAL TRANSACTION CONDITIONS 1$l;Ue nos 03-05/Odober 2011 (Gong Bao nos 573-574/November6, 2011) Section 1 CONTROL OF MODEL CONTRACTS AND GENERAL TRANSACTION CONDITIONS Article 7. General requirements on model contracts and general transaction conditions Model contracts and general transaction conditions shall he made in writing and must fully meet the following conditions: I. The language is Vietnamese. The contents are clear and understandable. The font size of the text is at least 12. 2.The paper background and in k color used in model contracts and general transaction conditions must contrast Article 8. Responsibilities for registration of model contracts and general transaction conditions L Before applying a model contract or general transaction conditions for a goods or service which must be registered under the Prime Minister's regulations, a trader shall register such contract or conditions under this Decree. 2. A model contract or general transaction condiiions may only be applied to CUIlSUlIlen; when its/their registration is completed under Article 14of this Decree. Article 9. Authority to receive registration dossiers I:isuenos 03-0S/Oftober 2011 (Cong Bao nos 573·574RVovember 6, 2011) 1. The Ministry of Industry and Trade shall receive registration dossiers of model contracts and general transaction conditions which are appl ied nationwide or in two or more provinces. 2. Provincial-level Industry and Trade Departments shall receive registration dossiers of model contracts and general transaction conditions which are applied within a province or centrally run city. Article 10. Dossiers and form of registration 1.A registration dossier of a model contract or general transaction conditions comprises: a/ An application, made according to the form provided by the Ministry of Industry and Trade, specifying the address and business line of the goods or service trader; b/ The draft model contract or general transaction conditions. 2. One (1) set of a registration dossier may be submitted directly, by post or electronically IO a competent agency provided in Article 9 of this Decree. 3. For a dossier submitted directly, the recipient of the dossier shall make a receipt record the date of which is the date of dossier receipt. For a dossier submitted by post, the date of dossier receipt is based on the postmark. For a dossier submitted electronically, the date of dossier receipt is counted from the time a competent registry's electronic receipt acknowledgement message is sent. Article 11. Request for dossier 67 supplementation 1. Within five (5) working days after receiving an incomplete registration dossier under Clause 1, Article 10 of this Decree, a competent registry shall request the applicant to supplement such dossier. 2.An applicant shall supplement the dossier within three (3) working days after receiving a competent agency's request. Article 12. Consideration of registration dossiers 1. A competent registry shall consider a registration dossier after receiving it under Articles 10 and II of this Decree. 2. When considering a registration dossier, a competent registry may request the applicant to explain issues related to the model contract or general transaction conditions. 3. When considering a registration dossier of a model contract or general transaction conditions, a competent registry may consult involved agencies, organizations and persons Article 13. Scope of consideration of model contracts and general transaction conditions A competent agency provided in Article 9 of this Decree shall consider a model contract or general transaction conditions regarding: 1. Invalid contents under Article 16 of the Law on Protection of Consumer Rights. 2. Requirements under Article 7 of this 68 .'. ('\li11pli,I11Cl' \\llh ILv 1<1\\ Ull Clll1"lIliLr riglll jll\lll'llillll dlHl gl'lll'l-al jlrlllCipics tor contrac I \> )lIC 11I~ il Ill. Artidc 1-'. ('omplclioll \)1 rcgi~\r"li()n I. Withill l\\(~))ly i. .:\)\ \\ 1)I~in~ lhy~ :Jlll'; rl'l'c'iving <i I~dld dCiS"ilT ~I CCliIlPl'(c'1l1 rqc("lr) sh<.lll send 1hi.-' lr<ldl' f <I 11<)( il·l' "I" CllTC !"<lll ..:,: \ 'I rl'g.iSlr~III()/1 ur d IWllkl C(lIllr~ict UI (2l'II,TtI transaction c·Ulldili()l\s III C~i~l' 1)1 rl'rll~iil~ c.uch 1",'giSll·illion, it shali selic! lile lLlckr ,I \\Tllil'il reply clcarl , ~Ulil1g Ihe rl'~IS(lll 2, Afkr n lmp!L'1 i 11~ rl' ~i~lr~d iUIl r'li )CCdlll\'S 1110Jel CO!lII~!CI" :llid gCIIl'r~d Ilalh;ll'II,!1\ conditions sh;jll hl' plIhli"lwd ~111l1 "luled lJll thr 1\ l'h~ilcS of Clll1lpClC II! rc SlstIIC~ . .\. Cornpr tc nt rcgislrics .,IEdI (','gular!) 1l1specr and munitor the circulation uf rcgisk'I\'d mode l cu ntr ~l c Is (j nd gCnc' r~l! II a 11 "d Ct i U 11 conditions, Ar ttcte 15. Re-lcgislratioll of mod,:1 contracts and genclaltrall~aCliul1 cOliJiliun~ 1. A trader Sh:lJl r~~r~gistcr its mode! contrac: or Seneral transaction conditions when: aJThere is a change in law \vhich results in It change in the contents of the model COnlrdC[ or general transaction conditions: bl It changes the contents of the model contract or general transaction conditions. 2. Procedures for re-registration of moue! ,,'(Jill' 'c·h dll(i ~!l':l\.I;d 1I<1),,;k:l\l/1 !.II/hi 11\ '1" .1' (iii. '''llh' -IS rh.: r·~.'-'i>11 :1l·"'!1 11!ih.c'dllh' ',lIlli," Ihi· j),·Cl'L'\·. ~2cnl.'l,1! \;~IIIS~lcti\l11 (\lnd/(i',)lIs \!ld~I\l' II~·. : 1\, un CllIiSU!IlL'I 1l>!llt prOl,Tliun '.iI :I!\' C\llilr;JrI II: .C:l'll':r~d 1-;·: Il~'; pkc. j, .r c\ 'I Itl.kl '·CoI1, i ,..• 't' C(JiI1!"'CI.\,'!:' et:,el1'~) ':l','" IlL'.f ~:I :\: (L·I.: '. I" I:, ])c'e:,; :11<\ r':qtlc',1 :lJc :1 ,l'~;"l I,) /II, ',:1, \ ,,~ CJlil',.. IIil\!c,' l\lIll\'nh. 2. \Vh,?J, !Ill' Ulnkllh III :1 11 1(llic' I UlII11:lcl 1'1 ~l'lln<ll 11"~I:lS;iC\illll Uliidiliolh (II',' llllc!,':11 ;,\ may be uude rstonrl in dillcll'lil I\d\', C0I111Xlcl'lIl,lgclll') 1l1dy Iceqll,'sl th,' lradl'! 1\\ \""pbill «ud ,IMit"; lhusc LUlllClih J. \Vilhill le'l1 i lin \\olh.ing (la\" ::!'l'\ rccc iving a c\ un pctcnt '.lgCI1CY' Sr~~qllcsL a \!·~l\kr SlJ'l!J modify or cancel violaling eOlllcllL'i of i1le' conlr.\Cl and notify such to ClIllStillllTS hell-ins signed thal contract. ln case the rnodificution or cancellation of violatin~ contents results in the invai idity of conuac t s signed wit h consumers or general lransaction conditions. causing damage to consumers. the trader shall pay damages 1,0 those consumers under the civ: J law, [~SLJflJlo~Dl-05IQr.tobl',~2Q11 (Cong Bjo I,OS 57~L574}ioiern/)'::/ 6 20"· SPEC J FlC ():\ rR\ (TS \\ nn « J\'Sl i\JJ.R\ l . \Vlh'll CIlJ!liLidillg ~l di~I;t1"I~l' connact. .1 tl,I,I-'1' ~1i~!lI PI"\1\ ille' ,I COII"IlI11l'l" II. 1111 tile !nllnwillg inform.uio»: <II :\~tIl1C of the rr.idcr. I<..'lcplHllll: number. auu r.: s s he ad u (li cc .t nd dulin' ~~ o r the L'stahli"lllllCllt I"L'sj!'lllsihk f"l" t hc ("untrUL"t Co Il C IIIS i0 il 0 IIc r ( ir d n) ): ct (Ioous delivery Cost (if any): d/ \1ocks of paymcru and goods deli very or service prOVISI()n~ l'! The validity time of the offer and offered puce: (j Costs for lISe of communication devices for contract conclusion, if these costs arc not included ill the guud~ UJ ser vicc price; g/ Details Oil spcc ificario ns, use and use method of the guods ur ::>l:l vice pro\' ided under the contract. 2. Whcn a contract conclusion offer IS made by telephone, a trader should clearly state its namr and addre ss and purpose of the call right from the beginning, 3. Unless otherwise agreed by involved parties, when a trader fails to properly or fully provide the information stated in Clause I of this Article, within ten (10) days after 69 CllllCludlll;' tlh' l"(1lllr~ICL ;l l'()llS(lln,~r Illay 1I11Ilafl'!';lily n-rmin.uc the (OIlIr;ICI ,1l1d notify ',:,ell 1<, !IlL' uudcr. ThL' L'·:lll:,IIlIlL'j" i': 1l()1 ()hli.C!cd [I, fUY LillY custs !'"I<lke! [0 Ih;1I rcrmin.nion and ~kJlII)llly pay f,lf IIiL' gHl(b ,11' sL'nicL' he/she ILlS IISL'd. ~. III C~IS,' ~l c ons umcrunilutcr.rllv rcrmi nute ; ;1 cunlraclllll(krCbu-'l' ~ 011h'IS .\rlick, a trader sh;J!1 refund till' p;lid 1110!ll') 11l the consumer 1\ irhin thir1y (~()) dely' after the consumer announces lu unilalcrally term: natc the contract P~hl illis rime limit. tll" trader Slhill p;ly interests lor the delayed P;I)'!llClll C()ITe~Sp()lldillgto the Ii 11ll' of d,' I:JY'-'d p:tylliCIlI .u the pri me interest ral,' .mnounccd by the' St;ltC Bank at the time of payment. The refund shall be Illdlk hy the mode of paymcm lIscd by till' consumer. unless Ihl' consumer agrees to the refund hy anothermode. In case the contract termination causes damage to a consumer, J uadcr shal I pay damages under tile CIVIl law. Article IS. Continuous service contracts 1. A contmuous service contract must contain: u/ Name and contacl address of the service prov idcr; bl Description of the service to be provided; cl Service quality: dJ Time and duration of service provision; e/ Method of calculation of service charge and price; fI Modes of service provis ion and payment. 70 2. A continuous service contract shall be madein writingand one (1)copy shallbegiven to theconsumer. . 3. Unless otherwise agreed by involved parties, a consumer may unilaterally terminate a continuous service contract at any time and notify such in writing to the service provider. When a consumer unilaterally terminates a contract, he/she shall only pay the charge or price fur the service he/she has used. 4. A service provider has the following obligations: aJ Unless otherwise agreed by involved parties, not to request a consumer to make any payments before the service is provided to the consumer; bl Not to unilaterally terminate a contract andstopprovidinga servicewithouta plausible reason.Whenrepairor maintenance is required or there is another reason forcing it to stop the service, to notify consumers at least three (3) working days in advance before stopping the service: cl To regularly examine the quality of its serviceandensurethequality ascommitted with consumers; dI Upon a consumer's notification of an incidentor complaint about service quality, to promptly examine and settle such incident or complaint. Artide 19. Door-to-doorsale contracts I. Adoor-to-door salesperson is the staffof a traderand hasthefollowingobligationswhen sellingdoor-to-door: Issue nos 03-05IOctober 2011 (Gong Bao nos 573·574INovember6, 2011) a/To introduce the name, contact telephone number, address and head office of the trader responsible for the contract conclusion offer; b/ Not to insist on contract conclusion after being refused by a consumer; c/ To explain to a consumer about contract conditions and other information related to a goodsor service that consumer is interestedin. 2. Unless otherwise agreed by involved parties, a door-to-door sale contract shall be madein writing and one (I) copy shall be given (O the consumer. 3. Within three (3) working days after concludinga contract, a consumermay request to unilaterally terminate thatcontractand notify such in writing to the trader. Before this lime limit expires, a door-to-door salesperson may not request a consumer to make any payments or perform the contract, unless otherwise provided by law. 4.Whena door-to-door salecontractis made in writing,a consumerhimself/herselfshall fi II in thedateof thecontractwhen concluding such contract. 5. A trader shall take responsibility for all activitiesof its door-to-door salespersons. Chapter IV ~ETTIEMENT OF CONSUMER RIGHT PROTECTIONREQUESTS Article 20. Formsand contentsof consumer right protectionrequests 1. A consumer or a social organization .liWe nos 03-0SlOctober 2011 (Cong Bao nos 573-574/November6, 2011) engaged in consumer right protection may request a state management agency of consumer right protection provided in Article 25 of the Law on Protection of Consumer Rights. Such request may be made in writing or verbally. 2. A consumer right protection request must contain: aJ Information on the violating trader; b/ Information on the requesting social organization or consumer; c/ Details of the case; dI Specific requests of the consumer or social organization engaged in consumer righr protection; e/ Enclosed documents and evidences. Article 21. Procedures for receiving requests 1. For a written request for consumer right protection, a person in charge shall consider and receive such request. For a consumer right protection request made verbally, a person in charge shall record such request in writing and request the consumer or the representative of the social organization engaged in consumer right protection to sign or press his/her finger-print on that document. 2. When aconsumer right protection request lacks any of the contents stated in Article 20 of this Decree, a competent agency shall request a consumer or social organization engaged in consumer right protection to supplement that request. The supplementation shall be made 71 within five (5) working days after receiving a competent agency's request. Article 22. Settlement of consumer right protection requests 1.After receiving a consumer right protection request, a competent agency shall settle such request When necessary, the competent agency may request involved parties to give explanations and additionally provide information and documents for settlement of the request 2. Within fifteen (i5) working days after receiving a valid consumer right protection request, a cornpetenr agency shall issue a reply under Article 26 of the Law on Protection of Consumer Rights. For a complicated case, the time limit for issuing a reply may be extended for not more than another fifteen (15) working days. 3. In the course of settling a consumer right protection request, if a competent agency finds that the case shows signs of violation of the law on handling of administrative violations or it must be settled by another authority, it shall forward the c:'Ise dossier 10 that authority and clearly state this in its reply to the consumer. Article 23. Public notification of the list of traders infringing upon consumer rights 1. District-level consumer right protection agencies shall make and publicize lists of goods or service traders infringing upon COIlSUl11I::1 rights under Clause 4, Article 26 of the Law on Protection of Consumer Rights. For cases of violation involving two or more districts, 72 l~SJJ!L~Q3~Q.51QGQb.GIJ011 :'C6ng Bao nos 573-574/No'!smiJer 6.2:,:11: prOVlllClal-kvc'l Industry andl r'H.lc Dcparuncnt« sh,i11 publicize lists or vi\l!clli]\~ right pmlcc{icn may il:..cIC ini(i~ltc ,I l<1\\'~ud (III C()I1S11Il](1 ri ~ hI protect 1<)\1 lor pllhl Ie i Ilkl'C s! Whe'11 1\i1ly 1\1\','1111~~ 1ill.' (,,11(\\\ ill:' (',,"dlll'\I\',' province». lht:: :\1inistry or lndustry :lnd Tr.ulc shall publicize lislS of \ioblini' traders. 2. Liqs of violating (raJers sl1J11 he publicized in {he' mass media. and roslcJ up at \he: head offices uud published Oil websites of consumer I'ighl protection Cl.L'cIlCics. coverlll.'!: aJ Names and addresses of violarovs: hi Acts .uid r!aces or \';o!,t!i(Jn: c/ AgeJ1C ics iSSlling vi 0 Iat ion 11,11)(.1 Iin '-' decisions and numbers and dales or these decisions. The duration for notificutinn of violatois is Olirly (50) days from the elate of notnication. '") 10 h.i v« (I!H:rali(ll\ "lIllk I iii," .i!l(.l (1hi C2e l ; VC S fill' '.:OIlSUll1e'r ri~hls or I'm puhlic.. il1h,'rc:sl rchkd \1 COl\~\III,,'r riLIH". .1 Tn h:/vc \)p':-LI!Cl! Inr at k':hlllm'" f 'l \,'dr, CUHlilill" I"Wlll ll1L' dale lJf il" l'""l"!,li,,i'"'l'JIi H! the- dd Ii of itx Lt1\'1I i{ ill; I id I iUIL Articll' 25. Ohlii2:11iulb of ,oci:Jl o rgall j ;; : /( i ons c" g:1 t!eJ inc I)11.' UlJ) err i c: h I protl-'clion when in; ';:iI iIlg Ll\\~ui I, 011 L('/bU mer righl prO!CCiIOI1 [or public il1ll'(C"l 3. Market mJI1,tgcmcnt units .md operators of markets or Ir,IUc centers shall puhlici:«: IislS ur Irudcrs thai inrringc upon consumer l'i~,dHS in markets or trad~ centers uudcr lheir managemenl. When ini tiati ll.'! ihe'll a Iawsui I on UHNlllllT li)'.hl rIOll'cti\\1l Cor p',I!>lic illil're~L J ,ucl;11 or g u11 i r. ~ll io n eng a ~edin co 11 "U 111 c' r i~ ,I \ protection hUE, the t\}li\lwil1~ ohli~aliol1~;: Chapter V SOCIALORCjANIZATfONS ENCiA(;ED IN CONSUMER RfGHT PROTECTION I. To i I: form Oil 1he C1S(' under Artie k ~,~ 01" the Law un Protection Ill' Consumer Ri"hl.'L :2. To uxsurc inv 01 vcd Cll]1SUl1wr< ri~hI III PUrllC1P;lIC 111 th(' case. Section 1 INITIATION OFLAWSU[TS ON CONSUMER RIGHTPROTECTION 3. To bear all expenses arlSlng I"ml1l (Ill' lawsuit initiation. When ,1 soc ial org,mlzdtioll has iniliJtnl d lawsuit on consumer right protection. related so c ia l orgo.l1ilJtions have the: right and obi ig ation to coordinate witb such s(Jeia}A social organization engaged in consumer Artidc 2(,. Sociul org.anizalion:' pal-licipatin= Article 24. Conditions for social in lawsuit initiation organizations engaged in consumer right protection to initiate lawsuits on consumer righl protection for public interest IsW~ ncs Q3·0510ctober 2011 (Cong Beo nos 573-574/November6 2011) IJI,Salli/dliull ill clJlkLlilig evidences. provilliJlg information and GllTyillg out other activities rcla\c'd to judicial pruceedings. Section ::2 I'FRFOIUvlANCE OF ST/\TE.-/\SSICNED TASKS A r ti cl e 27. Co 11 d i t i (1 ns fo r soc ia I OJ'S:l n i/.:!! i on s en gaged in cons umc r ri gh I protection to perform stare-assigned tasks Oil consumer right protection ,\ social organization engaged in consumer right protection may perform state-assigned tasks 011 consumer right protection when fully meet ing the fo lIowing conditions: I. To be set up lawfully. 2. To h.i v c operation guidelines and objectives for consumer right protection, :'>. To have operated for at least one ( I) year. 4. To operate at provincial or higher level. Article 28. Tasks assigned by the State to soc ial organizut Ions A social organization fully meeting the conditions provided in Article 27 of this Decree may be assigned by a competent state agency to perform one of the following tusks: l. Disseminating information and educating about the rights and obligations of consumers, 2. Providing guidance and training to raise awareness for consumers. 73 5. Counseling :llxl assisti ng con-urncrx. 4. Conducting researches and fi,'ld surveys und c o ll cc t i ng op i n i o ns and needs of con surncrx. Article 29. Competence to assi)!11 tasks on co IlSU mer ri gh ( nro rcct i o n to soci a I orga niza: ions J, The Minister of' Industry und Trude may assign st:lte-assigned tasKS on COIlSUIJ1Lr right protection to soci al organizations that arc e]igihle and operate nationwide or within two Dr more provuices. 2. Chairpersons of provincial-level People's Committees may assign state-assigned tasks on consumer right protection 10 social organizations that arc clig ihlc and operate with in their prnviuccs. Article 30. Financial support for consumer rigllt protection activities assigned by the State When assignee! hy a compelenf <;taff' :Igency to perform state-assigned tasks on consumer right protection, a social organization may receive financial support from the State under law, Chapter VI MEDIATION OF DISPUTES BETWEEN CONSUMERS AND TRADERS Article 31. Competence to set up and dissolve mediation organizations The following agencies and organizations 74 may set up and dissolve mediation organizations: I. State management agencies of consumer right protection. 2. Social organizations engaged in consumer right protection. Article 32. Mediators 1. A Vietnamese citizen may act as a mediator when fully meeting the following conditions: aITo have full civil act capacity; bl To have good morals and be honest; cl To have at least five (5) years of working experience. 2. A person who is being kept under administrative probation, is being examined for penal liability or has been sentenced without being remitted from his/herconviction may not act as a mediator. Article 33. Responsibilities and powers of mediation organizations In the course of operation, a mediation organization shall: l. Comply with law. 2. Respect agreements of parties; neither intimidate nor coerce parties in the course of mediation. 3. Keep confidential information on the mediation and other information of involved !ssye nos 03-05IOctober 2011 (Gong Bao nos 573·5741November 6,2011) parties, unless otherwise agreed by parties or provided by law. 4. Not take advantage of the mediation to harm the rights and legitimate interests of involved parties. 5. Not mediate a dispute which harms the interests of the State or many consumers or public interests or shows elements of crimes. Chapter VII STATE MANAGEMENT OF CONSUMER RIGHT PROTECTION Article 34. State management agencies of consumer right protection I. The Ministry of Industry and Trade is the central state management agency of consumer right protection. The Vietnam Competition Authority is the agency assisting the Minister of Industry and Trade in performing the state management of consumer right protection. 2. Provincial-level People's Committees are local state management agencies of consumer right protection. Provincial-level Industry and Trade Departments are agencies assisting chairpersons of provincial-level People's Committees in performing the state management of consumer right protection in their localities. 3. District-level People's Committees may decide on units to assist them in performing the ISsue nos 03-05Ioetober 2011 (Gong Baonos 573-5741November 6, 2011) statemanagementof consumerright protection in their districts. Article 35. Responsibilities of local state management agencies of consumer right protection 1. Provincial-level Industry and Trade Departments shall assist provincial-level People's Committees in performing the following tasks: aJControlling model contracts and general transaction conditions under the Law on Protection of ConsumerRights,thisDecreeand related laws; bl Appraising schemes and plans on operation of social organizations engaged in consumerright protectionand submittingthem to chairpersons of provincial-level People's Committees for decision and assignment of state-assignedtasks; c! Supervising social organizations engaged inconsumerrightprotection in petfonning tasks assigned to them; d/ Examining and supervising mediation activities of organizations mediating disputes between consumers and traders; elCreating conditions forsocial organizations engagedinconsumerlight protection tooperate; fl Providing technical and professional guidance for district-level state management agencies of consumer right protection to carry outactivities related toconsumer right protection; gl Publicizing lists of goods and service traders infringing upon consumer rights under 75 Clause 4, Article 26 of the Law on Protection of Consumer Rights and Article 23 of this Decree; hI Reporting on the state management of consumer right protection in their localities regularly or at therequest of superior authorities; i/ Inspecting and handling violations of consumer rights under law; jIPerforming other responsibilities provided in Article 49 of the Law on Protection of ConsumerRights. 2, Units assisting district-level People's Committees in performing the state management ofconsumerrightprotection shall: af Settleconsumer right protection requests under the Law on Protection of Consumer Rights, this Decree and related laws; bl Examine and supervise the operation of social organizations engaged inconsumerright protection in the localities under their management; cl Assist district-level People's Committees ill managing acconling [0 their competence markets and trade centers in their localities to protect the rights of consumers when buying goods or services in these markets and trade centers; dl Provide technical and professional guidance for commune-level People's Committees totake necessary measures toprotect the rights of consumers when buying goods or services of persons engaged in commercial activities outsidemarkets and trade centers; el Publicize listsof goodsandservicetraders 76 infrinDin::,: UpOlJ consumer rights under CbLLS~ 4, Article 26 or th~ Law 011 Protection of C'OJ]SlIlllL'J Riilhts and Article ~,~ of lill,' Decree: fl Report 011 the state man<.t;2l'JilCllt of <:on~un)u ri;.d1l prutectioll in lhcir districts rej!Ldarly or at t he re.quc s t of superior authorit ics: gl Perform utlin rcsponsibiiiiics under Ani c lc 4 () 0 f the Law 0 II Pro tee I i 011 () f COnSU1H0r Rights, Chapter VIII EvlPL[~v1E"rL\T!ONPROVISIOl\iS Article 3f>. Effect This f)CCI'l'C lakes dfcel OIl December 15, 20! I, Artidc 37. !ll1ph~mentati\)nre,;pl)n~;ihilitics J. The Ministry of Industry and Trad" sh;i\l assume the prime rc spunxitn luy for, and coordinate with the rvlinislry or Home Affairs and provinci al-Icvcl P~'opl<:'S (\.\111111 it!l'L'S j 11 guiding the Slatemanagement of consumer right protection in localitics, 2, Ministers, heads of ministerial-level ~lge nc ie s, heads 0 r gov~rlll7lc Il t -a t tachcd agencies. chairpersons of provincial-level People's Committees and concerned organizations and persons shall implement this Decrec. Oil bchal] o] the Government Prime Minister NGUYEN TAN DUNG !§~!L~ nos 01.p~/~tclolJeaOJ1 (Gong Baa nas 57:3·5/4/Navember 6, 2(J; 7: I)ecision No. 5X/2U II/QI)·TTg of( klolwr 1.J. 2m I. 011 the l'~tahlishJllt'lli or the ,'\aiiollal .\(l\i~or~' COllnl'il for FilWlltial aud \IOIl\'lary Polidl>s ['Iii, [),?cislu:1 LllL':' dln:l (III tIle; d"lC l'lit.' S j gIi i il~' all d r cp I;! Cc'S tIlC P1i 1/1e ,\1 j 11 ) \ Ie I ,\ Dcci,j(!Jl r , 17S/~()()7iOI)-Tlgof .".:,11 Cillh,'j jl), :01,7. and other prnillll:' dOllln,,'lll', 'lll ,lppoinlnwnt of 111;.'1111""1,\ In the '\,ltil'll:d ,:\clYisnI\ Coul1cil I'llI' l·il1~llh:i;li ;uld i\'ll)ll~'L11) I\llicic,s. Dedsion \'0.59/20 l1/<lD-TTg 01'( h:lolwr 2-L 201 l , promulgating (he \Vorl... ing Rq~lllaliotl of the Natiunal ;\<hisory Councit 1'01' Financial awl :VIOlll'tar~ Polil'ies Thi.\ Decision l:d-:n l'rkl'l un lllc dall' oj it\ signlng,~ Decision No. 60/201l/QD-TTg of October 26,2011, providing a number of policies on preschool education development during 2011-2015 THb PRIME MINISTER PurJIt([!11 to the December 2.\ 2(0) Las: 011 Orf!,(/Jliz.ario/l oitne Government;