Read the untranslated law here: http://www.gacetaoficialdebolivia.gob.bo/index.php/normas/verGratis_gob2/147245
Act No. 453 Act of 4 December 2013 EVO MORALES AYMA President constitutional of the PLURINATIONAL State of BOLIVIA, by how much, the plurinational Legislative Assembly, has sanctioned the following law: the Assembly Legislative PLURINATIONAL, DECREES: law GENERAL of LOS rights of the users and the users and of LAS consumers and LOS consumers chapter first provisions general article 1. (OBJECT). This law is to regulate the rights and guarantees of users and the users, consumers and consumers.
Article 2. (COMPETENCE ALLOCATION). In application of article 297, paragraph II, of the political Constitution of the State and the article 72 of the law Nº 031 July 19, 2010, autonomy and decentralization framework? Do Andrés Ibáñez?, is assigned to the central State level, the exclusive competence of developing the rights, guarantees and policies of the users and the users, consumers and consumers at national and sectoral level without prejudice to the exclusive competence of the Municipal level.
Article 3. (SCOPE AND FIELD OF APPLICATION). They are subject to the provisions of this law, providers of products or services, as well as users and the users, consumers and consumers in their consumer relations.
Article 4. (SCOPE OF POLICIES). The central level of the State will establish the General and specific policies in defence of rights of users and the users, consumers and the consumers, in the following cases: activities regulated by regulations from the central level.
Activities of national scope that transcend the competence and jurisdiction of the autonomous territorial entities.
Article 5. (DEFINITIONS). For the purposes of this law the following definitions are established: users and users, consumers, and consumers. They are natural or legal persons who purchase, use or enjoy products or services such as final recipients.
Suppliers. They are natural or legal, public or private, persons carrying out activities of production, manufacture, import, supply, distribution, marketing and others, of products or provision of services in general directly to users and the users, consumers and end-users. Suppliers who engaged in a free profession is not considered.
Product. It's all rather than offered in the market to meet needs of use and final consumption.
Service. They are activities provided or furnished to the market, designed to meet the needs or requirements of the users and the users. Include basic services established in the political Constitution of the State.
Competent authority. It is the administrative authority of the various levels of the State, with powers established by rule to perform the tasks of supervision and control of the supply of products or the provision of services.
Safety. It is the health feature that ensures that a product or service does not cause harm to the health of users and the users, consumers and consumers.
Consumerism. It is the deviation of the habits of consumption, oriented to the irrational accumulation, purchase or consumption of products or services, which seriously compromises the ecological balance and the regenerative capacity of the earth mother.
Misleading advertising. It is any form of advertising, information or communication in whole or partially false misleading about features, instructions for use or other data from the product or service.
Abusive advertising. It is advertising or discriminatory information that instigates or induces violence or fear, taking advantage of the lack of discernment and violating environmental, ethical, and moral values that is capable of inducing users, consumers, users and consumers to behave in a harmful or dangerous to their health or physical integrity.
Relationship of consumption. It is the link that is established between the supplier, which provides a product or provides a service, and who acquired it, used or consumed as a final recipient.
Article 6. (PRINCIPLES). The principles governing the protection and defence of the rights of users and the users, consumers and consumers are: living well, sumajkausay, sum qamaña, ñandereko, tekokavi, ivimaraei, qhapajnan. It will take over and promote complementarity between access and enjoyment of material goods and the affective, subjective and spiritual realization seeking to satisfy the needs in harmony with nature.
Responsible and sustainable consumption. Consumption habits attempts the use of products and services in harmony and balance with mother earth.
Protection. Legal and institutional mechanisms to guarantee the exercise of the rights of users and the users, consumers and consumers are established.
Integrality. The interrelationship, interdependence and functionality of the plurinational State institutions, held chord to the political, social, cultural, ecological, economic, production processes and consumption from the dimensions of living well, as the basis of the economy and development, harmonised and articulated.
Integrity. The consumer relations are hypothesized based on the legality, honesty and ethics.
Favourability. In case of doubt, law and the agreed provisions shall apply in the way most favorable to users and the users, consumers and consumers.
Article 7. (INSTITUTIONAL ARRANGEMENTS). Responsibility of entities of the State, is the at all levels and in the framework of its competencies, develop institutional mechanisms and regulatory instruments that will ensure the exercise of the rights of users and the users, consumers and consumers.
SECOND chapter rights and warranties of users and the users and consumers and the consumers section I entitled to health and physical integrity article 8. (RIGHT TO HEALTH AND PHYSICAL INTEGRITY). Users and the users, consumers and consumers have the right to receive goods or services in terms of safety to safeguard their health and physical integrity.
Article 9. (PROTECTION).
I. the suppliers are obliged to supply products or services in terms of safety, quality and safety, being responsible in criminal, civil and administrative penalties, of the risk or damage caused to health and physical integrity of users and the users, consumers and consumers.
II. prohibited the importation, distribution or marketing: products for use or consumption which are with date expired or soon to expire, according to regulations issued by the competent entity.
Products suspended, banned or removed in the country of origin for reasons of health or risk to physical integrity.
III. If subsequent to the introduction on the market, the suppliers warned the existence of risks or hazards of the product or service, shall be immediately communicated this fact to the competent authorities and users, consumers, users and consumers, in addition to proceeding under your account removal or suspension.
IV. the competent authorities authorize or grant licenses which warn the risk or risk not reported or unforeseen product or service, will immediately have its withdrawal or suspension.
V. The effect of the previous paragraphs, providers shall withdraw replaced products, or proceed to the refund of the price paid for the products or services. Products withdrawn will be destroyed in accordance with standards of environmental safety.
VI. the competent authority which does not require compliance with measures of safety or prevention for the import, distribution, marketing or provision of a service, involving risk or danger to the life or health of users and the users, consumers and consumers, according to specific regulations, will be liable to responsibility for the civil service.
SECTION II rights and conditions for food article 10. (RIGHT OF ACCESS TO FOOD). Users and the users, consumers and consumers have the right to access to food authorized, so regular, permanent, continuous and free, quantitative and qualitatively adequate and sufficient.
Article 11. (CONDITIONS). The conditions for the processing, packaging, handling and exposure, must be duly regulated by competent authority.
Article 12. (SUPPLY). Declared first necessity foodstuffs suppliers or to form part of the basic basket family, it has an obligation to provide them adequate, timely, continuous and fair price.
SECTION III right to information article 13. (RIGHT TO INFORMATION). Users and users, consumers, and consumers are entitled to receive reliable, accurate, complete, adequate information, free and timely on the characteristics and contents of products that consume and services that use.
Article 14. (OBLIGATION OF THE SUPPLIER). The supplier of goods or services, in accordance with its specific rules, is obliged to: provide information about features, nutritional composition, method of use or conservation of the products or services offered, in a way accessible to users and users, consumers and consumers.
Provide information on the possible risks that may affect the health and physical integrity, which may arise from the consumption or use of the product or service.
Provider of products or food services, are required to have accessible information with regard to the quality of product or service and with the specifications of its main features.
Enter the total price in national currency including taxes, commissions and charges that apply.
Timely reporting rates in the services settings, as well as the range of prices that are available for a product or service.
Provide information in Spanish, if necessary through complementary tags and, as far as possible, in another official language of the State.
Enter in tags equivalences of weight, measure or volume, when they do not correspond to the national system of weights and measures.
Provide necessary information, when it has a variety of products or services of similar features, so that users and users, consumers, and consumers can assume a decision favorable to their interests. In the case of medicines with the same active ingredient or generic denomination, offer alternatives.
Indicate the information of tenders, when sale prices and promotions are advertised.
Others to be determined in specific legislation.
Article 15. (INFORMATION FOR VULNERABLE PEOPLE). Products or food service provider is obligated to provide information: food that may cause damage or risks to the health of pregnant women, the embryo, the fetus or the newborn, older adults and people with disabilities.
About the benefits of breast milk.
Any damage or risks to the health of girls, children and adolescents, older adults and people with disabilities.
Article 16. (QUALITY OF PUBLIC DOCUMENT).
I all information and the certificate of guarantee provided by the supplier, whether printed, attached to the container or other support, they acquire quality of public document upon authorisation of importation, distribution or marketing granted by the competent authority and will be full of faith, with respect to the offer or agreed conditions.
II. the effect of the previous paragraph, who use, alter or prepare these public documents, illegally will be punished under the criminal code.
SECTION IV right to equitable treatment article 17. (RIGHT TO EQUITABLE TREATMENT).
I users and users, consumers, and consumers are entitled to equal treatment by providers in offering your products or services.
II. vendors must use objective and non-discriminatory criteria in the offer of products or services, to meet the needs of users and the users, consumers and consumers.
III. the protection of this law shall be effective in accordance with this law, without prejudice to provisions laid down in the law Nº 045 against racism and all forms of discrimination.
Article 18. (COMPLIANCE WITH THE OFFERED CONDITIONS).
I. the supplier shall deliver to users and users, consumers, and consumer product or supply service on the modalities and terms offered or agreed.
II. contracts for services with undetermined term, shall ensure that users and the users, consumers and consumers may conclude their contractual relationship without the need to introduce other requirements or other conditions beyond the stipulated previously.
III. failure to comply with the offered conditions, require repair or replacement of the product or service to the users and the users, the consumers.
SECTION V ADHESION contracts and unfair terms article 19. (CONTRACTS OF ADHESION).
The contract of adhesion is one in which the clauses are unilaterally arranged by a supplier of products or services, normally using a preprinted form, so that the other party may not modify or negotiate them, limited to accept them or reject them in their entirety.
Models of contracts of adhesion must be previously approved by the authority that granted the authorization of the activity, in accordance with the provisions of this law and the specific legislation.
Article 20. (EFFECTIVENESS OF CONTRACTS OF ADHESION). Contracts of adhesion which do not comply with the conditions laid down have no legal validity, total or partial, prior determination based by the competent authority.
Article 21. (CONTENT OF CONTRACTS OF ADHESION).
I accession contracts must meet minimally the following: contain detailed information about the terms, procedures, limitations and caveats to users and users, consumers, and consumers are subjected at the time of hiring, as well as media and places that are arranged so that the payments are made.
Be written in terms of clear, simple and understandable, legible to the naked eye and in the Spanish language or optionally in another official language of the State which is knowledge of the adherent.
II. the contract of adhesion not can make referrals to other documents not delivered to users and users, consumers and the consumers, unless the referral is to a standard of public.
Article 22. (UNFAIR TERMS IN CONTRACTS).
I are unfair terms those that leave users and the users, the consumers in a State of total disadvantage and inequality against providers of products or services.
II. are unfair terms which: exclude or restrict the rights of users and the users, consumers and consumers, as well as those that imply waiver or restriction to submit claims or complaints.
Exempt from liability to the supplier.
Establish the silence of users and users, consumers and the consumers, as acceptance of not required additional benefits, payments or other obligations not stipulated expressly.
Identify personal or credit information of the consumers, to be shared with other providers, subject to specific regulations.
Others established in the specific legislation.
III. abusive clauses inserted into contracts, shall be taken not implemented and will not produce any legal effect.
Article 23. (ABUSIVE COMMERCIAL PRACTICES).
I. unfair commercial practices are prohibited and shall be punished by the competent authorities within the framework of the specific legislation.
II. unfair commercial practices are: cash in a currency that is not in force and legal course.
Take advantage of the urgency or economic necessity of persons.
Charge for goods and services not supplied or not requested.
Charge for services, having requested his cut or suspended, except as provided in the relevant contracts.
Perform acts or discriminatory conduct accessibility to products or services.
The use of collection methods that affect the reputation, privacy, work or image of users and the users, consumers and consumers.
Others provided for in specific legislation.
SECTION VI right to the free choice of products and services article 24. (RIGHT TO FREEDOM OF CHOICE).
I users and users, consumers, and consumers are entitled to choose products and services that require, to select or change provider than at its discretion is suitable.
II. providers of products or services, may not order or mislead users and the users, consumers and consumers to contract with certain suppliers or those who provide support services.
Article 25. (ADVERTISING AND MISLEADING OR ABUSIVE INFORMATION). Abusive or misleading advertising and information or omission about the nature, characteristics, quality, quantity, safety, performance, durability, price or warranty of products or services resulting in error or economic damage, is prohibited and shall be punished in accordance with the penal regulations in force, if crime of fraud or deception against the industry and trade, without prejudice to other sanctions that correspond.
SECTION VII right to claim article 26. (RIGHT TO THE CLAIM).
I users and the users, consumers and consumers have the right to claim, when they consider that their rights have been violated.
II. the exercise of this right may be made to the suppliers, who must pay attention and resolve complaints, according to the nature of the product or service.
III. in addition to the claim to the provider, users and the users, consumers and consumers may be the administrative complaint to the competent entities, in accordance with provisions in the respective specific regulations.
IV. the competent authorities shall ensure the effective protection of the right to individual or collective claim to users and users, consumers and the consumers, through institutional mechanisms chapter third guarantees in the services section I services basic article 27. (ACCESS TO BASIC SERVICES). To access the connection, installation or provision of basic services, operators and suppliers may not apply to users and users, additional requirements that are provided in the specific legislation.
Article 28. (COURT OF THE PROVISION OF BASIC SERVICES). Providers may not be cutting the supply of basic services, except for the conditions and procedures laid down in the specific legislation.
Article 29. (INTERRUPTION OF SERVICE). The interruption of the provision of basic services, will only be possible after communication to the authority of the sector and information users, consumers, users and consumers, according to the procedure laid down in the regulations of the sector.
Article 30. (REPAYMENT). The supplier that would impose on users and the users, consumers and consumers, financial burdens in the billing error, must return the charged amount, in accordance with the specific legislation.
Article 31. (ATTACK ON BASIC SERVICES). The provider that violates the security or operation of basic services, will be liable to the penalties laid down in criminal legislation.
Article 32. (TRANSPORTATION SERVICES). The provisions of this section, reach services for air, land, rail, River and Lake, as well as its complementary services auxiliary.
SECTION II article 33 medical services. (OBLIGATION OF MEDICAL SERVICES).
I medical service providers should: provide quality care, with health workers properly trained and authorized by the competent authorities for the exercise of their activities.
Give to know or provide the results of the diagnostic tests and laboratory studies, as requested by the patient.
Prescribe medicines authorised by the Ministry of health and report possible side effects arising from its use or consumption.
Issue prescription drugs or pharmaceutical products with the same active ingredient or generic name.
Grant the aid and attention necessary in cases of urgency or emergency hospital, while it can be argued any excuse.
In the event of disasters or emergencies declared in accordance with law, make available to the population, free, infrastructure, equipment and staff.
Specify the essential features of the service and the total price of the provision, including medications, testing and others.
Provide payment alternatives for services used in emergency medical or hospital, not being able retain is to the user and the user because of debt.
II. the omission of the obligations referred to in subparagraphs e) and f) of the previous paragraph, is an offence of denial of relief and shall be punished in accordance with criminal legislation.
III. are prohibited from forcing users and users to contract laboratories or default ancillary services.
SECTION III banking services and financial rule 34. (OBLIGATION).
I financial intermediation institutions or companies of auxiliary financial services, users and users or clients, are obliged to: promote financial education.
Facilitate anytime, free of charge, access to all information related to banking, financial movements or credit, such as account statements and proofs of payment, which the user and the user or client effected during the validity of their commercial relationship.
Save booking information provided by users and users or customers, unless requested by competent authority or of the user and the user or customer.
Maintain payment of the credit agreement in the currency of legal tender which was agreed until its total cancellation, except by agreement between the parties.
Respect the right of the user and the user or customer, with respect to its election of the notary of public faith that will intervene in the commercial relationship.
Inform in writing the applicant of a credit, the reasons for which the provision would have denied.
Extend free proof of payment and the corresponding cancellation of credit obligation, transaction or financial operation certification.
Use only information authorized by the State institution responsible for supervising, regulating, controlling and overseeing its activities, for the provision of financial services or products.
Comply with the regulations regulatory of the sector.
Others set out in the specific legislation.
II. the financial intermediation institutions or companies of auxiliary financial services, users and the users or customers, are prohibited from: carry out abusive practices and billing for expenses of prejudgment.
Impose additional services, when they were not requested or accepted way expresses.
Charge penalties for early payment of credit balances.
Others established in law presents it and specific legislation.
FOURTH chapter responsible consumption and sustainable section I responsible consumption and sustainable article 35. (SCOPE OF RESPONSIBLE AND SUSTAINABLE CONSUMPTION). Providers, users and the users, consumers and consumers in their consumer relations, must promote solidarity, socially just, environmentally-friendly consumption of individuals and cultures, in harmony with mother earth and preserving habitat for future generations, part of living well.
Article 36. (EDUCATION ON RESPONSIBLE AND SUSTAINABLE CONSUMPTION). The Ministry of education will incorporate in the diversified curriculum, content about the rights of users and the users, consumers and consumers, and responsible and sustainable consumption.
Article 37. (PROGRAMMES AND PROJECTS OF RESPONSIBLE AND SUSTAINABLE CONSUMPTION). So not limited, programmes and projects for sustainable and responsible consumption, they must provide the following contents: State planning of the demand for products and services, in the context of social, economic and environmental sustainability.
Create incentives that encourage responsible and sustainable consumption.
Promote the revaluation of traditional practices of sustainable and responsible consumption, of Nations and peoples originally indigenous peasants.
Awareness of the negative impact of the planned obsolescence of products and imposed requirements.
Article 38. (PARTICIPATION OF THE MEDIA).
I media regarding the protection of the rights of users and the users, consumers and consumers, should contribute to: inform or disseminate educational programs in sustainable and responsible consumption, and promoting respect for the rights of users and the users, consumers and consumers.
Promote the dissemination of national development plans in food and nutrition security improved.
Create spaces for programming are broadcast in different languages official, as well as targeted at people with disabilities, issues of sustainable and responsible consumption.
The protection of children and adolescents, adopting appropriate measures against inappropriate content in its programming or dissemination of information.
Avoid information through publications, messages and images to promote submission to or exploitation of women, or that they dishonor or threaten their dignity and image.
II. the application of the preceding paragraph, shall be subject to regulation.
SECTION II duties in the relationships of consumption article 39. (DUTIES OF THE USERS AND THE USERS, CONSUMERS AND CONSUMERS). Users and the users, consumers and consumers in their consumer relations, should: inform on responsible and sustainable consumption, and help promote it.
Observe and assume the warnings and instructions regarding the proper use, consumption, installation or preservation of product or service.
Tend not to cause damage to mother earth by consumption and residue of products or services.
Promote and carry out a rational and responsible consumption of products and services.
Denouncing the existence of products and services that put at risk the health or physical integrity of the population.
Support and promote campaigns and programmes of awareness raising and sensitization for the full exercise of the rights of users and the users, consumers and consumers.
Article 40. (DUTIES OF SUPPLIERS). Providers who offer products or services must comply with the following: promote education on responsible and sustainable consumption.
Obtain licenses or consents and releases for its activities in the provision of products or the provision of services.
Provide care without discrimination, with respect, warmth, friendliness to users and users, consumers, and consumers.
Supply in terms of quality, equality, equity, accessibility and uninterruptedly, products or services, except for the cases provided for in the specific legislation.
Send models of contracts of adhesion, for approval to the competent authority.
Adopt appropriate and reliable security mechanisms that guarantee the protection of secrecy, confidentiality and privacy of the information of users and the users, consumers and consumers, according to the political Constitution of the State, this law and the specific legislation.
Enable media and permanent and adequate instruments to users and users, consumers, and consumers can make inquiries and complaints, as phone lines, platforms to the public, points of claim, among others.
Address and solve efficiently and effectively, requests and complaints made by users and the users, consumers and consumers.
Communicate and report before the interruption of service, to the authorities that apply and to users and the users, consumers and consumers affected.
Displaying qualification certificates or other documents, proving the capabilities or specialized service offerings.
Deliver to the user and the user, in the case of services, written record of the conditions, rights and obligations of both parties, copy of the contract signed, annexes and all related documentation. Notwithstanding this, they shall maintain such information available to users and users in their offices to the public or other media suitable for the effect.
Permanently to train its staff with respect to the attention of users and the users, consumers and consumers.
Enter information rights and obligations of users and the users, consumers and consumers, billing that extends.
Others established the specific legislation.
Chapter five institutions and governance article 41. (COORDINATION AND COOPERATION). For the effective exercise of the rights and guarantees of users and the users, consumers and consumers, all levels of the State will establish cooperation and coordination mechanisms.
Article 42. (PUBLIC POLICY). The Ministry of Justice may propose, promote and promote policies, programmes and projects at the central level of the State and national scope of rights of users and the users, consumers and consumers, as well as implementing programs and projects for education and dissemination of these rights.
Article 43. (PLURINATIONAL PLAN OF PROMOTION AND PROTECTION OF THE RIGHTS OF USERS AND THE USERS, CONSUMERS AND CONSUMERS). The Ministry of Justice will formulate, in coordination with the relevant entities, the pluri-national Plan of the rights of users and the users, consumers and consumers.
Article 44. (TRACKING AND MONITORING). The Ministry of Justice, within the framework of the current legislation, will track and monitor the pluri-national Plan of the rights of users and the users, consumers and consumers.
Article 45. (COUNCILS OF SECTORAL COORDINATION). In accordance with the framework law of autonomy and decentralization? Do Andrés Ibáñez?, from the central level entities related to the rights of users and the users, consumers and consumers, may create opportunities for joint coordination with regional levels, according to their competences and institutional needs, through the creation of Councils of sectoral coordination.
Article 46. (SYSTEM ON THE USER COMPUTER AND THE USER, THE CONSUMER AND CONSUMER).
I. the Ministry of Justice will implement an information system on the user and the user, the consumer and the consumer, which will contain the registration of organizations of defence, claim information and another of relevance, which enable support in the adoption of General and sectoral policies on the rights of users and the users, consumers and consumers.
II. the entities responsible for approving model contracts and receive complaints, shall forward information digital or other formats to the Ministry of Justice, in accordance with regulation.
Article 47. (SOCIAL CONTROL). Public policies, programmes and projects for the promotion and protection of the rights of users and the users, consumers and consumers, will be subject to social control, according to law.
Article 48. (ORGANIZATIONS OF THE USER AND THE USER, THE CONSUMER AND THE CONSUMER).
I users and users, consumers, and consumers can organize in order to participate in the promotion and defence of their individual, collective or diffuse rights.
II. the organizations not have non-profit and are prohibited from receiving economic resources, directly or indirectly, from any supplier.
III. the form of participation of these organizations in the defence of the rights of users and the users, consumers and consumers, shall be determined by regulation.
SIXTH chapter responsibility for the violation of the rights of the user and the user of the consumer and the consumer article 49. (APPLICABILITY). The provisions laid down in this chapter, shall apply for the entities of the central level and of autonomous governments, within the framework of its powers.
SECTION i. liability of the supplier against users and users, consumers and the consumers article 50 (RESPONSIBILITY). Providers are responsible for the violation of the rights and guarantees of users and the users, consumers and consumers, established in this law and specific regulations, emerging the responsibility of restoring order, without prejudice to the administrative, civil or criminal liability that apply.
Article 51. (LIABILITY REGIME). The responsibility of providers is governed in the following manner: providers that carry out activities of manufacture, production, import, distribution or end marketing, will be responsible for solidarity against the consumer and the consumer, who may claim rights to any of them. The provider that met repair for the violation of rights, may be repeated against other providers.
The provider that services will be solely responsible for the user and the user.
SECTION II rules for processing administrative complaint article 52. (NATURE).
I it is intended the immediate restitution of the right infringed users, consumers, users and consumers.
II. the rules laid down in this section, must be applied and developed by the entities responsible for resolving complaints for violation of the rights of users and the users, consumers and consumers in their respective administrative grievance procedures.
Article 53. (PROCEDURAL PRINCIPLES). In addition to the principles laid down in the specific regulations, the procedure shall be guided by the principles of honesty, legality, material truth, speed, immediacy, orality, gratuity, efficiency, informalism and reversal of the burden of proof.
Article 54. (MINIMUM REQUIREMENTS). The procedure established minimally the following aspects: can be started at the request of party or ex officio, in verbal or written form.
It may be raised by the user and the user, the consumer and affected consumer or by an organization of users and the users, consumers and consumers.
Identification of the rights violated to its restoration, as well as the responsible vendor.
It requires no legal sponsorship any.
It will establish mechanisms for the protection of the identity of users and the users, consumers and concerned consumers, when there are grounds justifying it.
All claims must always be solved, even if the claimant abandoned it.
When there are multiple processes with the same claim, and are derived from a very fact they accrue to the first claim that has ever known.
Promote the restoration of rights, resorting to conciliation as alternative means of solution.
Article 55. (PRECAUTIONARY MEASURES).
I measures to be adopted, aim to avoid a greater involvement of users and users, consumers, and consumer rights.
II. where appropriate and without prejudice to those laid down in the specific regulation, may be adopted as follows: temporary seizure of the product, or the suspension of the service.
Temporary prohibition of the production, distribution, marketing, provision or supply of the product or service.
Temporary removal of the product.
Temporary removal of advertising or information to the user or the user.
Granting of guarantees which ensure compliance with the restoration.
Others which, by its nature, to avoid further involvement.
III. for the fulfilment of the precautionary measures, you may require the assistance of the security forces.
Article 56. (SCOPE OF CONCILIATION).
I. the procedure can be started with the promotion of conciliation between parties on skins available, always that they not contravene provisions of the political Constitution of the State and the present law.
II. If becomes a partial reconciliation, the competent authority who knows the claim, will establish the facts upon which the procedure will continue with precision.
Article 57. (ANALYSIS AND EVALUATION). The competent authority shall analyse and assess the claim according to the background and the evidence of charge and discharge.
Article 58. (RESOLUTION).
I. the resolution must establish the existence or not of the violation of the law and determine the liability of the supplier.
II. in case of establishing the infringement, shall be determined appropriate measures of restoration, without prejudice to send background to the corresponding instance.
Article 59. (JUDICIAL REVIEW). The resolution referred to in the preceding article may be challenged before the same authority that he gave it, and resolved by the hierarchical authority higher or the designated by specific legislation.
Article 60. (EXHAUSTION OF ADMINISTRATIVE REMEDIES). The ruling in the appeal for review, puts an end to the administrative procedure.
Article 61. (BREACH). Failure to comply with the decisions taken, will result in administrative penalties to be determined in the sanctioning procedure under specific legislation.
Article 62. (FORMS OF RESTORATION). In addition to replacement forms laid down in the specific regulations, violations to the guarantees and rights of users and the users, consumers and consumers, may be restored in the following way: Moral, consisting of formal apology, public satisfaction or another, reprimand or warning.
Replacement through social services health, education or other work for the benefit of the community.
Positive restoration consisting of dictate, among others, the following measures: repair of the good or product, and if not possible, changing the good or product will be available for other identical or similar features.
Run the service or obligation assumed, and if it is not possible or is not reasonable, another of equivalent effects including cash benefits.
Return the amounts paid by the consumer more legal interests, when the repair, replacement, or pursuant to the provision or obligation, as the case may be, is not possible.
Return the amounts more legal interests calculated to date, when undue or excess, payments are made in cash or through the generation of credit in favour of the user and the user.
Determine the Elimination of unfair terms identified.
SOLE ADDITIONAL PROVISION. For compliance with and implementation of this law, responsible for public sector entities, allocated resources to inside its institutional budget, regardless of the source of funding, and must not represent additional resources to the General Treasury of the State.
FINAL PROVISIONS FIRST. The executive body within the period of one hundred twenty (120) days of posted this law, will develop the regulations for its implementation.
THE SECOND. Institutions of regulation and sectoral supervision, within a period of sixty (60) days of approved the regulation of this law, must adapt its regulations that apply, in accordance with the present law.
THIRD. The bidding procedures for claims of users and users who are pending at the time of the entry into force of the regulation of this law, will culminate with the provisions established in the Supreme Decree No. 27172 of 15 September 2003, Supreme Decree No. 71 of April 9, 2009, and other existing sectoral regulations.
SOLE ABROGATION AND REPEAL PROVISION. They abrogate and repealing all provisions contrary to this law.
Refer to the Executive Body for constitutional purposes.
Two thousand thirteen is given in the room of sessions the Assembly Legislative multinational, the twenty-sixth day of November in the year.
FDO. Nélida Sifuentes Cueto, Lucio Marca Mamani, Andres Agustin Villca Daza, Claudia Jimena Torres Chávez, Marcelo Elio Chavez, Carlos E. Subirana G.
I therefore enacted it is and meets as a law of the plurinational State of Bolivia.
Government Palace of the city of La Paz, to the four days of the month of December of the year two thousand thirteen.
FDO. EVO MORALES AYMA, Juan Ramón Quintana Taborga, Ana Teresa Morales Olivera, Luis Alberto Arce Catacora, Cecilia Luisa Ayllon Quinteros, Juan Carlos Calvimontes Camargo, Roberto Ivan Aguilar Gomez, Claudia clear Stacy Pena, Amanda Davila Torres.
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