Chương 1 Luật bảo vệ quyền lợi người tiêu dùng 2010: Những quy định chung

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law regulates the rights and obligations of consumers, the liability of organizations or individuals trading goods and/or services to consumers, the liability of social organizations in protecting the interests of consumers; resolving disputes between consumers and organizations or individuals trading goods and/or services, the liability of the State on the protection of consumers’ interests.

Article 2. Subjects of Application

This law applies to consumers; organizations or individuals trading goods, services; agencies, organizations or individuals involved in activities to protect the interests of consumers in the territory of Vietnam.

Article 3. Interpretation of Terms

In this Law, the terms below are construed as follows:

1. Consumer is a person who purchase or use goods and/or services for personal use or use for families or use for organizations.

2. Organization or individual trading goods and/or services is an organization or individual that perform one, several or all of the stages of the investment process, from production to sales of goods or supply of services in market for profit, including:

a) Traders as defined by the Commercial Law;

b) Individual who performs commercial activities independently, regularly, without business registration.

3. Defective goods are goods that do not ensure safety to consumers, likely causing damage to lives, health and property of consumers, even though such goods are manufactured in accordance with current technical standards or norms, with no defects being detected at the time the goods are supplied to consumers, including:

a) Mass-produced goods with defects arising from engineering design;

b) Single goods with defects arising from the production, processing, transportation and storage;

c) Goods with the potential to deteriorate the safety during use, but no adequate instructions, warning being provided to consumers.

4. Disturbance to consumers means a direct or indirect approach to consumers in an attempt to introduce goods or services, organizations or individuals dealing in goods, services or contract proposals against wishes of consumers, obstructing, affecting the normal works or activities of consumers.

5. Form-based contract is a contract composed by organizations or individuals trading goods and/or services to do business with consumers.

6. General trading conditions are regulations, rules of sales, service delivery announced by organizations or individuals trading goods and/or services, and applicable to consumers.

7. Mediation means a settlement of disputes between consumers and organizations or individuals trading goods and/or services through third parties.

Article 4. Principle of protecting consumers’ interests

1. Protecting the interests of consumers is the common responsibility of the State and the entire society.

2. Interests of consumers are respected and protected as prescribed by laws.

3. Protecting the interests of consumers must be exercised timely, fairly, transparently and lawfully.

4. Activities to protect the interests of consumers do not infringe upon the interests of the State, lawful rights and interests of organizations or individuals dealing in goods, services, and other organizations or individuals.

Article 5. The State’s policy on protection of consumers’ rights

1. Creating favorable conditions for organizations or individuals to actively participate in protecting the interests of consumers.

2. Encourage organizations or individuals to apply and develop advanced technologies for producing good quality and safe goods or providing good quality and safe services.

3. Implementing regularly and synchronously measures to manage and supervise the legal compliance of organizations or individuals trading goods and/or services.

4. Mobilizing all resources to increase investment in facilities and equipments, to develop human resource for agencies or organizations protecting the interests of consumers, frequently enhancing counseling, support, dissemination and guidance of knowledge to consumers.

5. Promoting integration and expansion of international cooperation, and sharing information and management experience in protecting the interests of consumers.

Article 6. Protection of consumer information

1. Consumers’ information shall be kept safe and confidential when they participate in transactions, use of goods or services, except where competent state agencies required the information.

2. Where the collection, use and transfer of consumer information, the organizations or individuals trading goods and/or services shall:

a) Notify clearly and openly the consumer of the purpose of the collection and use of consumer information before such activities being done;

b) Use information in conformity with the purpose informed to consumers, and with the consent by the consumers;

c) Ensure safety, accuracy, completeness during collection, use and transfer of consumer information;

d) Update or adjust by themselves or help consumers to update and adjust as the information is found to be incorrect;

e) Only transfer consumer information to third parties upon the consent of consumers, except where otherwise provided by law.

Article 7. Protect the interests of consumers in dealing with individual doing commercial activities independently, regularly, without business registration

1. Based on the provisions of this Law and other provisions of the relevant law, the Government providing detailed regulations on protection of consumers’ interests in transactions with individual doing commercial activities independently, regularly, and without registering his/her business activities.

2. Based on the provisions of this Law, provisions of the Government and the specific conditions of the localities, People's Committees of communes, wards, towns, management boards of market or commercial zone, shall execute specific measures to ensure the quality, quantity and food safety for consumers when buying and using goods and/or services by individual doing commercial activities independently, regularly, without business registration.

Article 8. Consumer Rights

1. Being protected safely as to their life, health, property, and other legitimate rights and interests when being involved in transactions, use of goods and/or services provided by organizations or individuals trading goods and/or services.

2. Being provided accurate and complete information about organizations or individuals trading goods or services; contents of transaction of goods and/or services; the source and origin of goods; being provided with invoices and vouchers and documents relating to the transactions and other necessary information about goods and/or services that consumers purchase and/or use.

3. Being entitled to select goods or services, organizations or individuals trading goods and/or services according to their actual needs and conditions; decide to participate or not participate in the transaction and agreed contents when joining transaction with organizations or individuals trading goods and/or services.

4. Being entitled to offer suggestions to organizations or individuals trading goods and/or services on price, quality of product or service, service style, trading methods and other content concerning transactions between consumers and organizations or individuals trading goods and/or services.

5. Being entitled to participate in formulating and implementing policies and legislation on protection of the interests of consumers.

6. Being entitled to rrequire compensation if the provided goods or services do not match technical standards or norms, quality, quantity, features, usage, pricing or other contents that organizations or individuals trading goods and/or services already announced, posted, advertised or pledged.

7. Being entitled to complaint, denounce and take a lawsuit or propose social organization to take a lawsuit in order to protect their rights under the provisions of this Law and other provisions of law involved.

8. Getting Advice, support and guidance on the knowledge for consumption of goods and/or services.

Article 9. Obligations of consumers

1. Checking before receiving the goods; selecting and consume goods and/or services with clear origin or source, without cause harm to the environment, contrary to the fine customs and social morals, not causing harm to their lives or health and that of others; observing precisely and fully the manual of goods and/or services.

2. Informing state agencies, organizations or individuals concerned when detecting goods and/or services circulating in the market are not safe, causing damage or threatening to cause damage to life, health and property of consumers, behaviors of organizations or individuals trading goods and/or services infringe upon the legal rights or interests of consumers.

Article 10. Prohibited behaviors

1. Attempt of organizations or individuals trading goods and/or services in deceiving or misleading consumers via advertising activities, or hide or provide information that is incomplete, false or inaccurate about one of the following details:

a) Goods and/or services that organizations or individuals trading goods and/or services provided;

b) Reputation, business ability, and ability to provide goods and/or services of organizations or individuals trading goods and/or services;

c) The contents and characteristics of transaction between consumers and organizations or individuals trading goods and/or services.

2. Organizations or individuals trading goods and/or services harasses consumers through the marketing of goods and/or services contrary to the wishes of consumers 02 or more times or other acts that obstruct or affect normal works or activities of consumers.

3. Organizations or individuals trading goods and/or services force consumers through the implementation of one of the following acts:

a) Using force, threatening to use force or other means to cause damage to life, health, honor, prestige, dignity and property of consumers;

b) Taking advantage of disadvantaged consumers or taking advantage of natural disasters and diseases to force a trade.

4. Organizations or individuals trading goods and/or services conduct the trade promotion activities, or suggest transactions directly with a person who have no capacity for civil acts or who have lost their civil act capacity.

5. Organizations or individuals trading goods and/or services require a consumer to pay for goods or services provided without prior agreement with the consumer.

6. Consumers, social organizations participating in protection of the interests of consumers, organizations or individuals trading goods and/or services take advantage of the protection of consumer rights to infringe upon the interests of the State, the legitimate rights or interests of other organizations or individuals.

7. Organizations or individuals trading goods and/or services take advantage of disadvantaged consumers or take advantage of natural disasters and diseases to provide goods and/or services that does not guarantee quality.

8. Organizations or individuals trading goods and/or services with poor quality that causes damage to lives, health and property of consumers.

Article 11. Handle violations of laws on protection of consumers’ interests

1. Individuals violating the law on protecting the interests of consumers, depending on the nature and seriousness of their violations, shall be administratively sanctioned or examined for penal liability, if causing damage, shall pay compensation in accordance with laws.

2. Organizations that violate the law on protecting the interests of consumers, depending on the nature and seriousness of their violations, shall be administratively sanctioned, in case of causing damage, shall pay compensation as prescribed by laws.

3. Individuals who abuse their positions and powers to violate the law on protection of the interests of consumers, depending on the nature and seriousness of their violations, shall be disciplined or prosecuted for criminal liability, if causing damage, shall be required to pay compensation as prescribed by laws.

4. The Government shall detail the sanctions against administrative violations in protecting consumers’ interests.