Ordinance on the Protection of Consumer Interests

No. 23 (22-(i- I 'J<J<J) OFFICIAL GAZETTE 5 ORDINANCE ON THE PROTECTION OF' CONSUMERS' INTERESTS /11 ore/er to protect the consumers· legitimate rights ancl interests. lo raise !he State monogeme111 efficiency one/ the res11011sihilities o/orgc111izatio11.1 and indivic/zwls !hut produce one/ or deal in goods anchJr services in the ;1roteclio11 of con.rnmers · interests: l'11r.rnont lo the /')')2 Consli/11/ion of' the Socwlis! Rep11h!ic of' Vietnam: J>11rs11anl to the Resolution of the Xth Notional Assemhly.frmrth session. on the legis/otive program /iJr the 11hole Xlh Noliona/ Assemh/y \· tenure as \1'ell us the 19')') legi.1/ative program: Jhis Orclincmce provides for the protection of consumers· interests. Chapter I GENERAL PROVISIONS Article 1.- Consumers arc those \\ho purchase and use goods and/or sen ices fer their personal daily-life consumption or consumption by, families and organizations. Article 2. - To protect the consumers· legitimate rights and interests is the common responsibility of the entire society. The State agencies. economic organizations. political organizat1011s. socio-political organil'.ations. social organizations. socio-professional organizations. people ·s armed forces units and all indi,iduals shall hme to implement the prmisions 6 OFFICIAL GAZETTE No. 23 (22-6-1999) of this Ordinance as well as the relevant provisions of legislation on the protection of consumers' interests The Vietnam Fatherland Front and its member organizations shall, within the ambit of their tasks and powers, have to propagandize, educate and encourage people to take part in activities for the protection of consumers' interests as well as to observe the legislation on the protection of consumers' interests. Article 3. - The State encourages the rational and thrifty consumption. The State shall elaborate policies and measures to develop the multi-sectoral commodity economy and consolidate State enterprises so that the latter hold the leading role in the production and trading of essential good-quality commodities and sen1ices in order to protect the consumers' interests. The State encourages the expansion of international cooperation in the protection of consumers· interests. Article 4.- Organizations and individuals that produce and/or deal in goods and/or services in service of domestic consumption; and organizations and/or individuals trading in import goods shall have to strictly comply with the provisions of this Ordinance, the legislation on commerce, standards, measurement, the quality of goods, food, advertisement, environmental protection as well as the relevant provisions of law, and have to pay compensation for any damage as prescribed by law. Article 5. - Consumers shall have the rights and responsibilities prescribed in this Ordinance as well as in the relevant provisions of law. Article 6.- Foreign organizations and individuals operating on the Vietnamese territory shall have to abide by the provisions of Vietnamese legislation on the protection of consumers' interests, except othenvise provided for by international agreements which the Socialist Republic of Vietnam has signed or acceded to. Article 7.- To strictly prohibit the following acts: 1. Producing and/or trading in banned goods or fake goods; 2. Producing, trading and/or consuming goods and/or services which seriously pollute the cmironment, endanger the people's life and health or contravene the fine traditions and customs of Vietnam; 3. Giving false information or making untruthful advertisement; 4. Committing other violations to deceive consumers. Chapter II CONSUMERS' RIGHTS AND RESPONSIBILITIES Article 8. - Consumers shall have the right to select goods and/or senrices: be provided with true information on the quality, prices and instructions on the use of goods and/or services; be ensured with safety in life, health and environment when using such goods and/or services; and be provided with necessary knowledge about their use. Article 9. - Consumers shall have the right to claim the refund of money for damage if the goods and/or services fail to meet the announced or contracted standards, quality, quantity and prices; make complaints, denunciations or initiate lawsuits according to law, against the production and/or trading of banned goods, fake goods or provision of services that fail to meet the standards, quality and quantity, and against the false information or untruthful advertisement. Article JO.- Consumers shall have the right to contribute their opinions to the elaboration and implementation of policies and legislation on the protection of consumers' interests: request organizations and/or individuals engaged in goods production and/or service provision to fulfill their responsibilities in the protection of consumers· interests. Consumers shall have the right to request production and/or business organizations and individuals to ensure the standards and quality of essential goods and services, regarding food, clothes, housing, traveling, studying, health care, environmental protection as well as other goods and services already registered and announced. No 23 (22-C,-1999) OFFICIAL GAZETTE 7 Article 11.- Consumers shall be entitled to establish organil'.ation(s) to protect their legitimate rights and interests in accordance \\ith the prm 1sions ofl,m Consumers shall thcmschcs or through their rcprcscntati, cs protect their legitimate rights and interests Article 12.- Consumers shall hm c to protect thcmschcs in the consumption of goods and/or sen ices. strict!, follo,, the instructions on the use of goods and/or sen ices: refrain from using goods and/or sen ices which damage the cm ironmcnL contra,cnc the fine traditions and customs of the country. or threaten the life and health of their 0\\11 as well as or the comm unit, Article 13. - C onsumcrs shall hm c to detect and denounce fraudulent acts concerning the goods· standards. measurement. quality. trademarks or prices as ,,ell as other acts or deceiving people by organil'.ations and/or indi,iduals engaged in the production or and/or trading in goods and/or sen ices. \\hich cause damage to them and the community, as prescribed by law Chapter fl/ RESPONSIBILITIES OF ORGANIZATIONS AND lNDIVfDUALS ENGAGED [N GOODS PRODUCTION AND/OR SERVICE PROVISION Article J.I.- Organizations and indi,iduals that produce and/or deal in goods and/or sen ices \\ ith business registration. shall ha,e to register and announce the standards and quality of their goods and/or sen ices according to the prO\ isions of Im, and fulfill their commitments to consumers: regularly cxammc the safety and quality or goods and/or sen ices. and ensure the accurate \\cighing, measurement and calculation. The Government shall stipulate in details the protection or consumers· interests in case of the production or and trading in goods and/or sen ices. or "hich the standards and quality hm c not been registered and/or announced. Artic:le 15.- Organizations and indi,iduals engaged in the production of and/or trading in goods and/or services shall ha, c to gin; accurate and truthful information and ad,crtiscmcnt on their goods and/or sen ices: post up the goods· and/or scn'iccs · prices: announce the conditions. time-limits and place or ,rnrrnnty and prm idc consumers" ith instructions on the use of the goods and/or sen ices. Article 16.- Organil'.ations and indi,iduals that produce and/or deal in goods and/or sen ices shall ha,c to promptly settle in time all consumers· complaints about their goods and/or scn·iccs that fail to meet the announced or contracted criteria. quality. quantity and/or prices: and have to prmidc goods and/or sen ices ,rnrranty for the consumers. Article 17.- Organil'.ations and indi,,iduals that produce and/or deal in goods and/or scn·iccs shall ha,e to collect, study and rccei,e consumers· opinions and comments: and make refund of money and/or compensation for any damage caused to consumers as prescribed b, Im,. Chapter JV STATE MANAGEMENT OVER THE PROTECTION OF CONSUMERS' INTERESTS Article 18.- The contents of State management mer the protection of consumers· interests shall include: 1. Promulgating and orga111l'.lng the implementation or legal documents on the protection of consumers· interests: 2 Elaborating and organizing the implementation or policies on the protection of consumers· interests, as \\ell as on the rational and thrifty consumption: 3. Directing and coordinating activities for the protection or consumers· mtcrests. or the ministries, the ministerial-level agencies, the agencies attached to the Go, ernmcnL the People ·s Councils and People ·s Committees or different lc,cls: 4. Training, fostering a contingent or cadres for the protection of consumers· interests: 5. Propagandil'.ing. educating and popularizing Im, and knowledge related to the protection of consumers· interests: (i. Promoting international cooperation in the field 8 OFFICIAL GAZETTE No 23 (22-(,-1 ()()<J) of the protection of consumers· interests: 7. Promoting. examining the obs en ancc or the legislation on the protection or consumers· interests: settling consumers· complaints and/or denunciations: and handling ,iolations or the legislation on the protection of consumers· interests. Article 19.- The Gm crnmcn! shall exercise the uni ricd Stale management 0\ er the protection of consumers· interests in the whole country. The State management agencies in charge or the protection of consumers· interests shall be ans,, crab le to the Gm crnmcnt for the State management o,cr the protection or consumers· mtcrcsts. The Gmcrnmcnt shall determine State agencies in charge or the protection or consumers· interests. Article 20. I. The ministries. ministerial-Ic,cl agencies and agencies attached lo the Go,crnmcnt shal L ,,ithin the ambit of their tasks and powers, ha, c lo coordinate ,,ith the State agencies in charge of the protection of consumers· interests in exercising the State mana gement o,cr the protection of consumers· interests. 2. The Gmcrnmcnt shall specify responsibilities of the ministries. ministcrial-Ic,cl agencies and agencies attached lo the Gm crnmcnL stipulated in Clause I of this Article Article 23.- The consumers· complaints against organi1:ations and/or indi,iduals that produce and/or deal in goods and/or sen ices shall be settled first of all. on the principle or conciliation. except othcrn isc prmidcd fi..ir by la,,. In case offailurc in conciliation. consumers shall ha,c the right to further complain or initiate la,,suits in accordance ,,ith the prmisions of hm. Article 2./.- Consumers shall thcmschcs or through their rcprcsen!ati, cs denounce lo the competent agencies. organizations or indi, iduals an:, acts of ,iolating the legislation on the protection of consumers· interests. Article 25.- The State management agencies in charge of the protection or consumers· interests and the rcle,ant Stale bodies shall hen c to settle in time consumers· complaints and/or denunciations according to their respccti,c competence and the prm isions of la\\. Article 26.- Any persons\\ ho produce and/or trade in banned goods. fake medicines or food as \\ ell as other fake goods and/or food that fail to meet the hygiene and safety criteria: produce, trade in or consume goods and/or sen ices \\ hich cause serious emironmcntal pollution. or harms to the pcoplc·s life and health or contrm enc the fine traditions or customs of the country: gi,c false information and/or advertisement: cheat in weighing. measurement and/ or calculation or commit other acts of ,iolating the Article 21.- The People ·s Councils and People ·s legislation on the protection of consumers· interests Committees of different levels shall. ,vithin the ambit shall. depending on the nature and seriousness of their of their tasks and po,,crs, ha,c to implcmcnL Yiolation(s), be administrati,cly sanctioned or supcn isc and inspect the implementation of policies examined for penal liability: and pay compensation and legislation on the protect ion or consumers· for damage caused to consumers as prescribed by la\\. interests in their rcspccti,c localities. Chapter V SETTLEMENT OF COMPLAINTS AND DENUNCIATIONS AND HANDLING OF VIOLATIONS Article 22.- Consumers shall themselves or through their rcprcscntati,cs lodge complaints, request the refund or money or demand compensation for the damage caused to them by organizations and/ or indi,iduals that produce and/or deal in goods and/ or services, as prescribed by la\\. Article 27.- Any persons \Yho abuse their postilions and/or power to commit acts or ,iolation or coyer the violators of the legislation on the protection of consumers· interests shall, depending on the nature and seriousness of their ,iolation(s), be disciplined or cxammed for penal liability Article 28.- Any persons ,vho commit acts or violating the legislation on the protection of consumers· interests, thus causing damage to organizations and/or other indi, iduals shall not only be dealt" ith according to Articles 2(, and 2 7 or this Ordinance, but also hmc to pay compensation for No. 23 (22-6-1999) OFFICIAL GAZETTE 9 the damage as prescribed by law. Chapter VJ IMPLEMENTATION PROVISIONS Article 29.- This Ordinance takes effect from October I'', 1999. Article 30.- The Government shall detail the implementation of this Ordinance. On beha(f'ofthe National Assemb{v Standing Committee Chairman NONG DUC MANH Article I. - The purposes of the issuance of government bonds The issuance of national construction bonds by the Government aims to mobilize capital from the population for further imestmcnt in irrigation and the construction of rural infrastructure projects, first of all in poor communes ,vhich meet with exceptional di !ficulties according to the National Assembly's Resolution No. 18/1998/QHJ0 of November 25, 1998. Article 2.- Government bond buvers 1. Vietnamese citizens within 111d ,, ithout the countf\'. 2. Overseas Vietnamese. 3. Foreigners working and/or residing in Vietnam. 4. Administrati\'e and non-business agencies. 5 Political. socio-politicaL social and socio professional organizations.