Chương VI Luật Bảo vệ quyền lợi người tiêu dùng 2023: Quản lý nhà nước về bảo vệ quyền lợi người tiêu dùng

Chapter VI

STATE MANAGEMENT OF PROTECTION OF CONSUMERS’ RIGHTS

Article 74. Responsibility for state management of protection of consumers’ rights

1. The Government shall perform uniform state management of protection of consumers’ rights.

2. The Ministry of Industry and Trade shall act as a conduit which assists the Government in performing uniform state management of protection of consumers’ rights.

3. Ministries and ministerial agencies shall, within their jurisdiction, implement consumer right protection activities in the fields under their management and cooperate with the Ministry of Industry and Trade in performing state management of protection of consumers’ rights.

4. People’s Committees at all levels shall, within their jurisdiction, perform state management of protection of consumers’ rights within their provinces.

Article 75. Responsibility of Ministry of Industry and Trade

1. Promulgate under its authority or submit to a competent authority for promulgation and organize the implementation of policies, laws, strategies, plans, projects, schemes, programs and activities at national level with regard to the protection of consumers’ rights; promote sustainable production and consumption in the direction of green and circular economy; encourage and promote investment, production, distribution, export and import of eco-friendly products and technologies, responsible business practices for the consumers' sake in accordance with the roadmap for international integration and implementation of relevant treaties.

2. Propagate, disseminate and provide education about knowledge and laws on protection of consumers’ rights; advise, support and raise awareness of protection of consumers’ rights; provide training for human resources and offer refresher courses to serve the protection of consumers’ rights.

3. Organize survey and testing activities; announce results of survey and testing of quality of products, goods and services; provide consumers with information and warnings about products, goods and services in the fields under its management.

4. Build a national consumer protection database.

5. Assign tasks to social organizations whose principles and purposes are to protect consumers’ rights as prescribed in clause 2 Article 53 of this Law and other relevant regulations of law.

6. Manage consumer right protection activities by social organizations participating in the protection of consumers' rights and mediation organizations in charge of protection of consumers' rights as prescribed by law.

7. Build a mechanism for cooperation with other Ministries and ministerial agencies concerned to carry out consumer right protection activities under its authority.

8. Request other Ministries, ministerial agencies and provincial People’s Committees to submit periodic and ad hoc reports on protection of consumers’ rights and submit consolidated reports to competent authorities.

9. Keep control of standard form contracts and general trading conditions under its authority.

10. Carry out inspection, handle complaints and denunciations and impose penalties for violations against regulations of law on protection of consumers’ rights under its authority.

11. Carry out international cooperation in protection of consumers’ rights.

Article 76. Responsibility of Ministries and ministerial agencies

1. Fulfill the responsibility specified in clauses 1, 2, 3, 5, 6, 10 and 11 Article 75 of this Law in the fields under their management; cooperate with the Ministry of Industry and Trade in fulfilling the responsibility specified in clauses 4 and 9 Article 75 of this Law.

2. Preside over and cooperate with the Ministry of Industry and Trade in building and carrying out consumer right protection activities under their authority in the fields under their management.

Article 77. Responsibility of People’s Committees at all levels

1. Provincial People’s Committees have the responsibility to:

a) Fulfill the responsibility specified in clauses 1, 2, 3, 5, 6, 9, 10 and 11 Article 75 of this Law in the fields under their authority within their provinces; cooperate with the Ministry of Industry and Trade in fulfilling the responsibility specified in clause and 4 Article 75 of this Law;

b) Promulgate regulations on cooperation in state management of protection of consumers’ rights as well as receipt and handling of consumers’ feedback, requests and complaints within their provinces;

c) Provide professional guidance to district-level consumer right protection authorities so as for them to perform the tasks in relation of protection of consumers’ rights.

d) Participate in international cooperation in protection of consumers’ rights as assigned and decentralized or international cooperation with local authorities of bordering countries in accordance with regulations of law.

2. District-level People’s Committees have the responsibility to:

a) Fulfill the responsibility specified in clause 10 Article 75 of this Law under their authority within their districts;

b) Propagate, disseminate and provide education about knowledge and laws on protection of consumers’ rights; advise, support and raise awareness of protection of consumers’ rights within their districts;

c) Inspect activities by social organizations participating in protection of consumers’ rights under their management in their districts;

d) Manage under their authority the markets and shopping malls in their districts to protect consumers’ rights when consumers purchase and use products, goods and services at such locations;

dd) Provide professional guidance to communal People’s Committees so as for them to take necessary measures to protect consumers’ rights when consumers purchase and use products, goods and services of individuals conducting commercial activities outside markets and shopping malls;

e) Submit reports on state management of protection of consumers’ rights in their districts on a periodic basis or at the request of superior competent authorities;

g) Promulgate regulations on cooperation in state management of protection of consumers’ rights at district-level regulatory bodies.

3. Communal People’s Committees have the responsibility to:

a) Fulfill the responsibility specified in point b clause 2 of this Article in their districts;

b) Inspect activities by management boards of markets and market merchants in their districts during their performance of the tasks in protection of consumers’ rights specified in market’s internal rules according to regulations of law. If there is no management board of markets and market merchants, the communal People’s Committee shall take measures to protect consumers’ rights within markets;

c) Manage and inspect activities by individuals who conduct commercial activities independently and regularly but who are not required to have business registration in their districts outside markets and shopping malls to protect consumers’ rights;

d) Receive notifications of organizations engaging in selling activities at locations other than fixed regular locations and inspect and supervise the selling activities at locations other than fixed regular locations in their districts as prescribed in this Law;

dd) Impose penalties for violations against regulations of law on protection of consumers’ rights under their authority and regulations of law;

e) Propagate and encourage individuals to conduct commercial activities within markets and shopping malls; enable individuals to conduct commercial activities within markets.