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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
69/2001/ND-CP
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Hanoi,
October 02, 2001
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DECREE
DETAILING THE IMPLEMENTATION OF THE ORDINANCE ON THE
PROTECTION OF CONSUMERS’ INTERESTS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to Ordinance No.13/1999/PL-UBTVQH10 of April 27, 1999 on the
Protection of Consumers Interests;
At the proposal of the Minister of Science, Technology and Environment,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- This Decree
details the implementation of the Ordinance on the Protection of Consumers
Interests, which was passed on April 27, 1999 by the Standing Committee of the
Xth National Assembly of the Socialist Republic of Vietnam.
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1. The provisions of this
Decree govern organization and individuals engaged in production of and trading
in goods and services, as well as the buyers and/or users of goods and services
for the purposes of meeting daily-life consumption and working requirements of
organizations, individuals and families.
2. Those who purchase and/or use goods and
services for purposes of satisfying consumption, daily-life needs and working
requirements of organizations, individuals and families include:
a/ Goods and service purchasers and users who
have purchased them for themselves;
b/ Persons who purchase goods and services for
use by others, their families or organizations;
c/ Individuals, families and organizations that
use goods and/or services, which have been purchased, donated or presented by
others.
Article 3.- Those who
purchase and/or use goods and/or services for production and business purposes
shall not be governed by this Decree.
Chapter II
EFFECTING THE PROTECTION
OF CONSUMERS� INTERESTS
Article 4.- All
organizations and individuals engaged in production of and trading in goods
and/or services (hereinafter referred collectively to as production and/or
business organizations and individuals) shall have to:
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2. Create conditions for consumers to purchase
goods or use services of good quality, at reasonable prices, and to be provided
with warranty and repair services as prescribed by law.
3. Fulfill their obligations as committed to
consumers.
4. Publicize quality standards and strictly
ensure the already publicized quality standards for goods on the list of goods
subject to standard compatibility publicization; strictly comply with
regulations on goods labeling, and hygiene, safety and quality inspection;
carry out the accurate weighing, measuring and counting of their goods and
services according to the provisions of law.
5. Ensure the quality, hygiene and safety in
cases where they produce and/or trade in goods and services not subject to the
quality standard compatibility publicization.
6. Supply accurate and truthful information on
origin, appellations, places of manufacture, utility, peculiar properties,
standards, grades, main components or ingredients, date of manufacture,
certificates of quality inspection and control, instructions on operation, use
and preservation of goods or services; publicly post up prices of goods and
services at their outlets; hand over to consumers goods sale invoices or
invoices of collection of service charges according to the regulations of the
tax agencies.
7. Supply goods and services ensuring their
safety and causing no adverse impacts on the environment and consumers health.
For goods and services, the use of which may
cause harms to consumers health or adverse impacts on the environment, the
production and/or business organizations and individuals must give cautions or
warnings to consumers; clearly explain and instruct the use of goods together
with measures to prevent possible harmful effects.
Article 5.- Production
and/or business organizations and individuals must not lay down rules that
contravene the law and constrain consumers in their commitments, goods sale or
service provision conventions, must neither delay nor prolong the fulfillment
of civil liability when they infringe upon the consumers interests. If they
commit violations, they shall be handled according to the provisions of law.
Production and/or business organizations and
individuals must perform the obligation to give warranty, repair, change goods,
refund money, take back the sold goods or bear other liabilities toward
consumers according to the agreed commitments. They must neither delay nor
refuse to perform such obligation.
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Article 7.- Production
and/or business organizations and individuals must give consumers instructions
on rational and economical use of goods and services, as well as cautions, and
request consumers to perform their own responsibility to protect their
legitimate rights and interests by themselves.
Chapter III
STATE MANAGEMENT OVER
THE PROTECTION OF CONSUMERS�
INTERESTS
Article 8.- The Ministry
of Science, Technology and Environment shall be answerable to the Government
for uniform State management over the protection of consumers interests
throughout the country.
Article 9.- The General
Department of Standardization, Metrology and Quality Control shall assist the
Minister of Science, Technology and Environment in personally exercising the
State management over the protection of consumers interests, and have the
following specific powers and tasks:
1. To organize the study and formulation of
planning, plans, programs and projects, then submit them to the competent
authority(IES) for approval; to draft and submit legal documents to the
competent State agencies for promulgation and organization of implementation.
2. To regulate and coordinate activities with
the concerned bodies of the ministries, branches and localities in protecting
consumers interests.
3. To coordinate with the concerned agencies and
localities in organizing the propaganda, education, training and dissemination
of legal knowledge about the protection of consumers interests.
4. To guide, examine and inspect organizations
and individuals in their observance of the legislation on protection of
consumers interests; settle complaints and denunciations; handle violations of
the legislation on the protection of consumers interests within its competence.
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6. To undertake international cooperation
activities in the protection of consumers interests according to its vested
powers.
Article 10.- The
ministries, the ministerial-level agencies and the agencies attached to the
Government shall, within the ambit of their respective functions, tasks and
powers, have to coordinate with the Ministry of Science, Technology and
Environment in performing the following tasks:
1. Drafting and submitting to the Government for
promulgation or promulgating according to their competence legal documents
governing the branches and fields under their management and related to the
protection of consumers interests.
2. Directing, examining and inspecting the
observance of the provisions of the legislation on the protection of consumers
interests within the ambit of the branches and fields under their management.
3. Settling complaints and denunciations and
handling violations of the legislation on protection of consumers interests
within their vested powers.
4. Carrying the propagation, education and
popularization of knowledge and legislation on protection of consumers
interests within the branches and fields they are in charge of.
Article 11.- Regarding
a number of goods and services of special types, which are related to the
living environment, their quality, prices and hygiene, the health and life of
consumers, the Government assigns the responsibilities as follows:
1. The Trade Ministry shall assume the prime
responsibility and coordinate with the concerned ministries in effecting the
management, examination and inspection of the circulation on market of goods
and services banned from production, trading, export and import or subject to
conditional production, trading, export and import; the observance of already
posted up prices of goods and services; handling fake goods, goods of inferior
quality, goods violating the Regulation on goods labeling, and goods and
services of various kinds which fail to meet safety requirements and may cause
harms to consumers health in order to prevent their circulation on the market;
conducting inspection and examination of the observance of the legislation on
commercial advertisements according to their competence.
2. The Health Ministry shall perform the
management, examination and inspection of pharmaceuticals, medicament raw materials,
medical equipment and instruments and cosmetics of various kinds that directly
affect the human health, quality of fresh and raw foodstuff, industrially
processed foodstuff; drinking water of all kinds, liquors and cigarettes.
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4. The Ministry of Communications and Transport
shall perform the management, examination and inspection of quality of
waterway, land and railway transport means, railway stations, ports and
equipment and facilities used together with these transport means, in order to
secure safety for users of transport services or consumers who purchase these
means and equipment for their own use.
5. The Civil Aviation Administration of Vietnam
shall perform the management, examination and inspection of air transport
means, airfields, airports and facilities, equipment and tools in service of
air transport.
6. The Ministry of Culture and Information shall
assume the prime responsibility and coordinate with the Ministry of Science,
Technology and Environment and the other specialized ministries in conducting
the management, examination and inspection of activities of propagating,
information and advertising goods, cultural products and services on the mass
media; as well as press and publication activities as prescribed by law.
7. The Ministry of Agriculture and Rural
Development shall perform the management, examination and inspection of the
quality of fertilizers, veterinary and plant protection drugs, plant and animal
breeds, bio-products in service of cultivation and husbandry, and livestock
feeds.
8. The Industry Ministry shall assume the prime
responsibility and coordinate with the concerned ministries and branches in
performing the management, examination and inspection of the quality of goods
being industrial explosive materials, industrial chemicals, industrial goods,
machinery and equipment according to the provisions of law.
9. The Ministry of Aquatic Resources shall
assume the prime responsibility and coordinate with the concerned ministries
and branches in performing the management, examination and inspection of the
quality of aquatic animal and plant species, feeds for aquatic animals, marine
products, aquatic plant protection and aquatic animal veterinary drugs, fishing
nets, fishing services.
10. The General Department of Post and
Telecommunications shall perform the management, examination and inspection of
prices and quality of post and telecommunications services, networks, supplies,
equipment and works, as well as the Internet.
11. The Ministry of Science, Technology and
Environment shall perform the uniform management, examination and inspection of
scientific, technological and environmental activities, measuring and quality
standards, industrial property and protection of consumers interests according
to the provisions of law.
The assignment of responsibilities for
protecting consumers interests prescribed in this Article shall be considered,
amended, supplemented and/or readjusted in time to suit the socio-economic
conditions in each period at the requests of the Ministry of Science,
Technology and Environment and the concerned ministries and branches.
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1. To direct and urge organizations and
individuals to observe the law provisions on the protection of consumers
interests in their respective localities.
2. To examine and inspect the observance of the
law provisions on the protection of consumers interests.
3. To coordinate with the concerned agencies in
activities of examining, inspecting and handling violations of the legislation
on the protection of consumers interests in their respective localities.
4. To receive and settle complaints,
denunciations and petitions on the protection of consumers interests within the
ambit of their powers or forward them to the competent agencies for settlement.
Article 13.- The
Sub-departments of Standardization, Metrology and Quality Control under the
Services of Science, Technology and Environment of the provinces and
centrally-run cities shall perform the State management over the protection of
consumers interests in their respective localities.
Chapter IV
CONSUMERS’
INTEREST-PROTECTING ORGANIZATION
Article 14.- The consumers
interest-protecting organization is a social organization founded on the basis
of voluntariness and equality, irrespective of economic sectors, nationalities,
religions, beliefs, levels and occupations of their members, and acts as a
representative to protect the consumers interests according to the provisions
of law.
Article 15.- The
consumers interest-protecting organization must comply with the following
principles in its operation:
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2. It must not be related to trade promotion for
any other production and/or business organizations or individuals.
3. It must not advertise its activities for any
commercial purposes.
4. It must not exploit information and
instructions given to consumers for business purposes.
5. It is not influenced by or dependent on
financial assistance from organizations and individuals at home and abroad in
its operation.
Article 16.- The
consumers interest-protecting organization is entitled to register its
operation at local People’s Committees of all levels and must comply with the
provisions of Articles 14 and 15 of this Decree and other provisions of law.
Chapter V
SETTLEMENT OF COMPLAINTS
AND DENUNCIATIONS AND HANDLING OF VIOLATIONS
Article 17.- When their
interests are infringed upon, consumers shall themselves or through their
representatives lodge complaints and/or denunciations or initiate lawsuits
according to the provisions of the legislation on complaints and denunciations.
Article 18.- Production
and/or business organizations and individuals shall have to receive and settle
complaints of consumers or the consumers interest-protecting organization about
their goods and/or services, then notify the latter of the settlement results;
and perform their responsibility to provide goods and/or service warranty to
the consumers.
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At consumers requests, the consumers
interest-protecting organization shall have to guide and help consumers or
represent them in lodging complaints to the competent agencies for settlement
according to the provisions of law.
Article 20.- Consumers
shall have to detect and denounce to competent State management agencies acts
committed by production and/or business organizations and individuals against
their interests, law-breaking or irresponsible acts of State agencies or
officials in charge of protection of consumers interests; may make their
criticisms or proposals on the application of measures to protect consumers
interests.
The competent State agencies shall have to
quickly and promptly settle complaints and denunciations of consumers according
to the provisions of the legislation on complaints and denunciations.
Article 21.-
Organizations and individuals that commit acts of violating the legislation on
the protection of consumers interests shall, depending on the nature,
seriousness and objects of their violations, be administratively sanctioned or
examined for penal liability according to the provisions of law.
Chapter VI
IMPLEMENTATION
PROVISIONS
Article 22.- The
Minister of Science, Technology and Environment, the ministers, the heads of
the ministerial-level agencies and the heads of the agencies attached to the
Government shall base themselves on their respective functions, tasks and
powers to guide the implementation of this Decree.
Article 23.- This
Decree takes effect 15 days after its signing.
Article 24.- The
ministers, the heads of the ministerial-level agencies, the heads of the
agencies attached to the Government and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decree.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
LIST
OF LEGAL DOCUMENTS APPLICABLE TO THE HANDLING AND
SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE PROTECTION OF CONSUMERS� INTERESTS
I
The 1995 Civil Code
Article 294
Performing the obligation to hand over objects
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Performing the obligation to pay money
Article 310
Liability for compensating damage
Article 311
Liability for failure to perform the obligation
to hand over objects
Article 132
Liability for failure to perform an obligation
to do a task or for performance of a task not allowed
Article 313
Liability for delayed performance of a civil
obligation
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Liability for delayed acceptance of the
performance of a civil obligation
Article 423
Quality of the objects for sale and purchase
Article 428
Liability for handing over objects in an
incorrect quantity
Article 429
Liability for handing over objects in
incomplete sets
Article 430
Liability for handing over objects of the
wrong kind
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Liability for intentional donation of property
not under one�s
ownership
Article 549
Liability for compensating damage
Article 612
Damage caused by infringements on property
Article 613
Damage caused by infringements upon health
Article 614
Damage caused by infringements on life
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Duration for enjoyment of compensation for
damage caused by infringements on life or health
Article 632
Compensation for damage caused by infringement
on the consumers�
interests
II
The 1997 Commercial Law
Article 9
Protection of legitimate interests of
producers and consumers
Clause 4
Consumers are entitled to establish
organizations to protect their legitimate interests under the provisions of
law
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Contents of the State management of commerce
Clause 4
Provision of guidance for rational and
economical consumption
Clause 6
Control of quality of domestically circulated
goods, imported goods and exported goods
III
The Penal Code
Article 156
Manufacturing and/or trading in fake goods
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Manufacturing and/or trading in fake goods
being food, foodstuff, curative medicines, preventive medicines
Article 158
Manufacturing and/or trading in fake goods
being animal feeds, fertilizers, veterinary drugs, plant protection drugs,
plant varieties, animal breeds
Article 159
Conducting business illegally
Article 171
Infringing upon industrial property rights
Article 180
Making, storing, transporting and/or circulating
counterfeit money, treasury bills and/or bonds
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Making, storing, transporting and/or
circulating counterfeit checks and/or other counterfeit valuable papers
IV
Ordinances:
1.
The February 4, 1993 Veterinary Ordinance
2.
The February 4, 1993 Ordinance on Plant
Protection and Quarantine
3.
The April 17, 1993 Ordinance on Execution of
Civil Judgments
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The September 30, 1993 Ordinance on Private
Medical and Pharmaceutical Practices
5.
The March 16, 1994 Ordinance on the Handling
of Economic Cases
6.
The July 6, 1996 Ordinance on the Handling of
Administrative Violations
7.
The May 21, 1996 Ordinance on the Procedures
for Handling Administrative Cases
8.
The April 27, 1999 Ordinance on the Protection
of Consumers’ Interests
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The October 6, 1999 Ordinance on Measurement
10.
The December 24, 1999 Ordinance on the Quality
of Goods
V
The Government’s decrees concerning the handling
of administrative violations
1.
The Government’s Decree No.49/CP of July 26,
1995 prescribing the administrative sanctions against acts of breaking
land-road and urban traffic order and safety
2.
The Government’s Decree No.88/CP of December
14, 1995 prescribing sanctions against administrative violations in cultural
activities, cultural services and the prevention of and combat against a
number of social vices
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The Government’s Decree No.01/CP of January 3,
1996 on administrative sanctions in the field of taxation
4.
The Government’s Decree No.16/CP of March 20,
1996 prescribing the sanctioning of administrative violations in the State
management over customs
5.
The Government’s Decree No.22/CP of April 17,
1996 prescribing the sanctioning of administrative violations in the field of
taxation
6.
The Government’s Decree No.24/CP of April 18,
1996 prescribing the sanctioning of administrative violations in the field of
national defense
7.
The Government’s Decree No.26/CP of April 26,
1996 prescribing the sanctioning of administrative violations in the field of
environmental protection
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The Government’s Decree No.77/CP of November
29, 1996 prescribing the sanctioning of administrative violations in the
field of forest management and protection and forest product management
9.
The Government’s Decree No.78/CP of November
29, 1996 prescribing the sanctioning of administrative violations in the field
of plant protection and quarantine
10.
The Government’s Decree No.38/CP of June 25,
1996 prescribing the sanctioning of administrative violations of the labor
legislation
11.
The Government’s Decree No.49/CP of August 15,
1996 prescribing the sanctioning of administrative violations in the field of
security and order
12.
The Government’s Decree No.46/CP of August 6,
1996 prescribing the sanctioning of administrative violations in the field of
State management over healthcare
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The Government’s Decree No.48/CP of August 12,
1996 prescribing the sanctioning of administrative violations in the field of
aquatic resource protection
14.
The Government’s Decree No.04/CP of January
10, 1997 prescribing the sanctioning of administrative violations in the
field of land management and use
15.
The Government’s Decree No.35/CP of April 23,
1997 prescribing the sanctioning of
administrative violations in the field of
State management of minerals
16.
The Government’s Decree No.48/CP of May 5,
1997 prescribing the sanctioning of administrative violations in the
construction management, management of houses and urban technical
infrastructure works
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The Government’s Decree No.57/CP of May 31,
1997 prescribing the sanctioning of administrative violations in the field of
goods measurement and quality
18.
The Government’s Decree No.79/CP of June 19,
1997 prescribing the sanctioning of administrative violations in the field of
State management over post, telecommunications and radio frequencies
19.
The Government’s Decree No.18/CP of February
24, 1997 prescribing the sanctioning of administrative violations in the
banking field
20.
The Government’s Decree No.12/1999/ND-CP of
March 6, 1999 prescribing the sanctioning of administrative violations in the
field of industrial property
21.
The Government’s Decree No.49/1999/ND-CP of
July 8, 1999 prescribing the sanctioning of administrative violations in the field
of accountancy
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The Government’s Decree No.93/1999/ND-CP of
September 7, 1999 prescribing the sanctioning of administrative violations in
the field of statistics
23.
The Government’s Decree No.67/1999/ND-CP of
August 7, 1999 detailing and guiding the implementation of the Law on
Complaints and Denunciations