Key Benefits:
law no 453
LAW OF DECEMBER 4, 2013
EVO MORALES AYMA
CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA
For the Plurinational Legislative Assembly, it has The following Act:
THE PLURINATIONAL LEGISLATIVE ASSEMBLY,
DECCRETA:
LAW GENERAL LAW
OF THE USERS AND THE USERS AND
OF THE CONSUMERS AND CONSUMERS
FIRST CHAPTER
GENERAL PROVISIONS
Article 1. (OBJECT). This Law is intended to regulate the rights and guarantees of users and
users, consumers and consumers.
Article 2. (COMPETENT ASSIGNMENT). In application of Article 297, Paragraph II of the Constitution
Policy of the State and Article 72 of Law No. 031 of 19 July 2010, Framework of Autonomy and Decentralization? Andrés Ibanez?, is assigned to the central level of the State, the exclusive competence to develop the rights, guarantees and policies of the users and the users, the consumers and the consumers, at the national and sectoral level, without prejudice to the Municipal level exclusive competence.
Article 3. (SCOPE AND SCOPE). You are subject to the provisions of this Law, the
suppliers of products or services, as well as users and users, consumers and consumers, in their consumer relations.
Article 4. (SCOPE OF POLICIES). The central level of the State will establish the general policies and
specific to the rights of users and users, consumers and consumers, in the following cases:
Core-level regulatory-regulated activities.
National-scope activities that transcend the competencies and jurisdiction of autonomous territorial entities.
Article 5. (DEFINITIONS). For the purposes of this Law, the following definitions are established:
Users, Users, and Consumers. They are natural or legal persons who acquire, use or enjoy products or services, as final recipients.
Providers. They are natural or legal persons, public or private, who carry out activities of production, manufacture, import, supply, distribution, marketing and other of products or services in general intended to be used directly to users and users, consumers and final consumers. No providers are considered to be in a free profession.
Product. It is all good that is offered on the market to meet the needs of use and final consumption.
Service. These activities are provided or provided to the market, intended to meet the needs or requirements of users and users. The basic services set out in the State Political Constitution are included.
Competent Authority. It is the administrative authority of the different levels of the State, with attributions established by standard to exercise the tasks of supervision and control of the provision 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 users, consumers and consumers.
Consumerism. It is the diversion of consumption habits, oriented to the irrational accumulation, purchase or consumption of products or services, which seriously compromises the ecological balance and the regeneration capacity of Mother Earth.
Misleading Advertising. It is any mode of advertising, information, or total or partially false communication that misleads to features, mode of employment, or other product or service data.
Abusive Advertising. advertising or discriminatory information, which instigates or induces violence or fear, taking advantage of the lack of discernment and infringing environmental, moral and ethical values, which is capable of inducing users and users, consumers and consumers to behave in a harmful or dangerous way for their health or physical integrity.
Consumer Relationship. It is the link that is established between the provider, which provides a product or provides a service, and who acquires, uses, or consumes as the final recipient.
Article 6. (PRINCIPLES). The principles governing the protection and defense of user rights and
users, consumers and consumers are:
Living Well, sumajkausay, suma qamana, nandereko, tekokavi, ivimaraei, qhapajnan. It will take on and promote the complementarity between access and enjoyment of material goods and affective, subjective and spiritual realization, seeking to satisfy needs in harmony with nature.
and Sustainable Consumption. Consumer habits seek to use products and services in harmony and balance with Mother Earth.
Protection. Legal and institutional mechanisms are established to ensure the exercise of the rights of users and users, consumers and consumers.
Integrality. The interrelation, interdependence and functionality of the institutions of the Plurinational State, is carried out according to the political, social, cultural, ecological, economic, productive and consumption processes from the dimensions of the Living Well, as a basis for the economy and development, harmonized and articulated.
Integrity. Consumer relationships are presumed to be based on lawfulness, honesty and ethics.
Favorability. In case of doubt, the Law and the agreed stipulations will be applied in the most favorable way to users and users, consumers and consumers.
Article 7. (INSTITUTIONAL MECHANISMS). It is the responsibility of the State entities, in all
their levels and within the framework of their competences, to develop institutional mechanisms and normative instruments that guarantee the exercise of the user rights and users, consumers and consumers.
CHAPTER SECOND
RIGHTS AND GUARANTEES FOR USERS AND USERS
AND CONSUMERS AND CONSUMERS
SECTION I
RIGHT TO HEALTH AND PHYSICAL INTEGRITY
Article 8 . (RIGHT TO HEALTH AND PHYSICAL INTEGRITY). Users and users,
consumers and consumers have the right to receive products or services in a safe condition in order to protect their health and physical integrity.
Article 9. (PROTECTION).
I. Providers are required to supply products or services in terms of safety, quality and safety,
being responsible in the criminal, civil and administrative criminal field, for the risk or damage caused to the health and physical integrity of users and users, consumers and consumers.
II. The import, distribution or marketing of:
Products for use or consumption that are dated or expired prompt to expire, according to regulations issued by the entity competent.
Products suspended, prohibited, or removed in the country of origin for health or risk to physical integrity.
III. If after market introduction, suppliers warn the existence of risks or hazards of the
product or service, must immediately communicate this fact to the competent authorities and users and users, consumers and consumers, in addition to proceeding under their account to the withdrawal or suspension.
IV. The competent authority to authorize or grant licenses that warn or uninformed or unexpected danger or danger
of the product or service, will immediately dispose of its withdrawal or suspension.
V. For the purposes of the above, the suppliers will withdraw or replace the products, or they will proceed to the
return of the price paid for the products or services. The recalled products will be destroyed in compliance with environmental safety standards.
VI. The competent authority that does not require compliance with security or prevention measures for the import,
distribution, the marketing or provision of a service, which involves risk or danger to the life or health of users and users, consumers and consumers, according to specific rules, will be liable for the function of the service public.
SECTION II
RIGHT AND CONDITIONS FOR POWER
Article 10. (RIGHT TO ACCESS TO FOOD). Users and users, consumers
and consumers are entitled to access to authorized food, on a regular, permanent, continuous and free, quantitative and qualitatively adequate and sufficient.
Article 11. (CONDITIONS). The conditions for processing, packaging, handling and exposure must
be properly regulated by competent authority.
Article 12. (SUPPLO). Any supplier of food products declared as first necessary or who
are part of the basic family basket, has an obligation to supply them in an appropriate, timely, continuous and fair price.
SECTION III
RIGHT TO INFORMATION
Article 13. (RIGHT TO INFORMATION). Users and users, consumers and
consumers have the right to receive reliable, truthful, complete, adequate, free and timely information about the characteristics and contents of the products they consume and services.
Article 14. (OBLIGATION OF THE SUPPLIER). The product or service provider, according to itsspecific regulations, is required to:
Provide information about the characteristics, nutritional composition, way of use, or preservation of the products products or services offered, accessible to users and users, consumers and consumers.
Provide information on possible risks that may affect the health and physical integrity of the user. consumption or use of the product or service.
The food product or service provider is required to have accessible information regarding the quality of the product or service and the specifications of its main features.
Consigning the Total price in national currency that includes the taxes, commissions and charges that correspond.
Report in a timely manner on the rate adjustments in the services, as well as the price range that is available for the same product or service.
Provide Spanish language information, be required through complementary labels and, as far as possible, in another official language of the State.
Consigning on labels the equivalences of weight, measure or volume, when they do not correspond to the national system of weights and measures.
Provide necessary information, when you have a variety of products or services of similar characteristics, so that users and users, consumers and consumers can make a favorable decision to his interests. In case of drugs with the same active principle or generic denomination, offer their alternatives.
Indicate the information of the offers, when advertising prices and promotions are advertised.
Other determine in specific regulations.
Article 15. (INFORMATION FOR VULNERABLE PEOPLE). The food product or service provider is required to provide information:
Food that causes damage or health risks to pregnant women, the embryo, the fetus or the newborn, older adults and people with disabilities.
On the benefits of breast milk.
Of the health risks to girls, children and adolescents, older adults and people with disabilities.
Article 16. (QUALITY OF PUBLIC DOCUMENT).
I. All information and the guarantee certificate provided by the supplier, whether printed, attached to the packaging or in
other support, acquire quality of public document from the authorization of import, distribution or marketing granted by the competent authority and shall make full faith in respect of the agreed offer or conditions.
II. To the effect of the previous paragraph, who illegally uses, alters or produces these public documents, will be
sanctioned under the Criminal Code.
SECTION IV
RIGHT TO EQUAL TREATMENT
Article 17. (RIGHT TO EQUAL TREATMENT).
I. Users and users, consumers and consumers are entitled to equal treatment by the
suppliers in the offering of their products or services.
II. Providers should use objective and non-discriminatory criteria in the offering of products or services to meet the needs of users and users, consumers and consumers.
III. of this right shall be effective in accordance with this Law, without prejudice to established provisions
in Law No. 045 Against Racism and All Forms of Discrimination.
Article 18. (COMPLIANCE WITH THE CONDITIONS OFFERED).
I. The provider must deliver to users and users, consumers and consumers the product or
to provide the service in the terms and terms offered or agreed.
II. (a) services with an indefinite period of time, must ensure that users and users,
consumers and consumers can conclude their contractual relationship without the need to present another requirement or other conditions outside the previously stipulated.
III. The default to the conditions offered, require the repair or replacement of the product or service to users
and users, consumers and consumers.
SECTION V
ACCESSION CONTRACTS AND UNFAIR TERMS
Article 19. (ACCESSION CONTRACTS).
The adhesion contract is the one in which the clauses are unilaterally arranged by a product or service provider, usually by a preprinted form, so that the other party cannot modify or negotiate them, limiting themselves to accepting or rejecting them in their entirety.
The models of accession contracts must be previously approved by the authority granting the authorization of the activity, as
to the provisions of this Law and the specific regulations.
Article 20. (EFFECTIVENESS OF THE ACCESSION CONTRACTS). Accession contracts that do not comply
with the conditions established shall lack total or partial legal effectiveness, upon determination based on the competent authority.
Article 21. (CONTENT OF THE ACCESSION CONTRACTS).
I. Accession contracts must comply with the following minimally:
Contain all information about the terms, modes, limitations, and clauses that users and users submit to, the consumers and consumers when hiring, as well as the means and places that are available for payments to be made.
Be written in clear, simple and understandable terms, readable to the naked eye and in language (c) in the case of a person who is a member of the State.
II. The accession contract will not be able to make referrals to other documents that are not delivered to users and users, consumers and consumers, unless the referral is to a public standard.
Article 22. (UNFAIR TERMS IN CONTRACTS).
I. These are abusive clauses that leave users and users, consumers and consumers in
a state of total disadvantage and inequality against suppliers of products or services.
II. Abusive ones that:
Exclude or limit the rights of users and users, consumers and consumers, as well as those that imply renunciation or restriction of making claims or complaints.
Set in favor of the supplier, the unilateral ability to modify the terms of the contract of consumption or service, previously subscribed.
Exoneren from responsibility to the supplier.
Establish the silence of the users and users, consumers and consumers, such as acceptance of additional non-required benefits, payments or other obligations not expressly stipulated.
Senalen personal or credit information of the consumers and consumers, will be shared with other suppliers, except for
Other that are set in the specific regulations.
III. The abusive clauses inserted in the contracts, will be unplaced and will not have any legal effect.
Article 23. (ABUSIVE BUSINESS PRACTICES).
I. Abusive business practices are prohibited and will be sanctioned by the competent authorities in the framework
of the specific regulations.
II. They are abusive business practices:
Clevying in currency that is not in legal and current course.
Take advantage of people's urgency or economic need.
Charging for products and services not provided or unsolicited.
Charging for services, having requested your court or suspension, except for
Perform discriminatory acts or behaviors for accessibility to products or services.
Using collection methods that affect reputation, privacy, activity or the image of users and users, consumers and consumers consumers.
Other established in specific regulations.
SECTION VI
RIGHT TO FREE CHOICE
PRODUCTS AND SERVICES
Article 24. (RIGHT TO FREE CHOICE).
I. Users and users, consumers and consumers have the right to choose the products and services that
require, as well as select or change supplier that is convenient to them.
II. The suppliers of products or services, may not order or induce users and users, consumers
and consumers to contract with certain suppliers or those who provide ancillary services.
Article 25. (ADVERTISEMENT AND MISLEADING OR ABUSIVE INFORMATION). misleading or abusive advertising and any information or omission about the nature, characteristics, quality, quantity, security, performance, durability, price or warranty of products or services that cause error or economic damage is prohibited; and will be sanctioned in accordance with current criminal law, if it is a crime of fraud or deception against industry and commerce, without prejudice to other penalties that correspond.
SECTION VII
RIGHT TO CLAIM
Article 26. (RIGHT TO CLAIM).
I. Users and users, consumers and consumers are entitled to the claim, when they consider that
their rights have been violated.
II. The exercise of this right may be exercised before suppliers, who must address and resolve the
claims, according to the nature of the product or service.
III. In addition to exercising the claim to the supplier, users and users, consumers and consumers
may make the administrative complaint to competent entities, as provided for in the respective regulations specifies.
IV. Competent entities shall ensure effective protection of the right to individual or collective claims to the
users and users, consumers and consumers, through institutional mechanisms
THIRD
GUARANTEES ON SERVICES
SECTION I
BASIC SERVICES
Article 27. (ACCESS TO BASIC SERVICES). To access the connection, installation, or provision of
basic services, operators and providers will not be able to request users and users, more requirements than those provided for in the specific regulations.
Article 28. (CUTTING OF THE SUPPLY OF BASIC SERVICES). Providers will not be able to cut the supply of basic services, except for the conditions and procedures laid down in the specific regulations.
Article 29. (INTERRUPTION OF SERVICE). The interruption of the supply of basic services, will only be
possible after communication to the authority of the sector and information to the users and users, consumers and consumers, according to the procedure established in industry regulations.
Article 30. (REFUND OF PAYMENTS). The provider that imposes users and users, consumers and consumers, economic burdens on billing by mistake, must return the amount charged, according to the specific regulations.
Article 31. (ATTACK ON BASIC SERVICES). The supplier that is against the
security or normal operation of the basic services, will be liable to the penalties provided for in the current penal legislation.
Article 32. (TRANSPORT SERVICES). The provisions of this Section, reach the
air, land, rail, river, and lake services, in addition to their ancillary ancillary services.
SECTION II
Article 33. (OBLIGATION OF MEDICAL SERVICES).
I. Medical service providers must:
Provide quality care, with health workers properly trained and enabled by the competent authorities for the exercise of their activities.
Make known or provide the results of your diagnostic tests and laboratory studies, when requested by the patient.
Prescribing medicinal products duly authorized by the Ministry of Health and informing them. possible side effects derived from their use or consumption.
Issue prescribing drugs or pharmaceuticals with the same active principle or generic denomination.
Grant the necessary care and attention in cases of emergency or hospital emergency, without
In case of disasters or emergencies declared under Law, make available to the population, free of charge, its infrastructure, equipment and personnel.
Specify the essential characteristics of the service and the total price of the benefit, including the medicines, analysis, and others.
Providing payment alternatives for services used in medical or hospital emergency, not being able to hold the user and the user for debt purposes.
II. obligations identified in points (e) and (f) of the preceding paragraph, constitutes a crime of refusal of
aid and shall be sanctioned in accordance with current criminal law.
III. It is prohibited to bind users and users to hiring default labs or auxiliary services.
SECTION III
BANKING AND FINANCIAL SERVICES
Article 34. (OBLIGATION).
I. Financial Intermediation Entities or Financial Auxiliary Services Companies, in front of users and users or customers, are under the obligation to:
Promote financial education.
Facilitate at any time, free of charge, access to all information regarding bank, financial or credit movements, such as account statements and payment vouchers, which the user and user or client have made during the validity of your business relationship.
Save the information provided by users and users or customers, except for a request from the competent authority or the user and the user or client.
Maintain the payment of the credit agreement in the legal tender in which it was agreed until its total cancellation, except agreement between parties.
Respect the right of the user and the user or client, with respect to their choice of the notary of public faith that will intervene in the commercial relationship.
Inform the applicant of a credit in writing, the reasons why it would be denied the requested credit.
Extend for free a record of the payment and the corresponding certification of cancellation of the credit obligation, transaction, or financial transaction.
Use only information authorized by the institution of the State responsible for monitoring, regulating, controlling and supervising its activities, for the granting of financial products or services.
Meeting the industry regulatory regulations.
Other established in the specific regulations.
II. Financial Intermediation Entities or Financial Auxiliary Services Companies, versus users and
users or clients, are prohibited from:
Perform abusive practices
Impose supplementary services, when they were not explicitly requested or accepted.
Receivance penalties for advance payments of credit balances.
Other established in the present Law and in the specific regulations.
CHAPTER FOURTH
RESPONSIBLE AND SUSTAINABLE CONSUMPTION
SECTION I
RESPONSIBLE AND SUSTAINABLE CONSUMPTION
Article 35. (SCOPE OF RESPONSIBLE AND SUSTAINABLE CONSUMPTION).
Users and users,
and consumers, in their consumer relations, should promote solidarity, socially just, respectful of people and cultures, in harmony with the Mother. Land and precaution the habitat of future generations, in the framework of Living Well.Article 36. (EDUCATION ON RESPONSIBLE AND SUSTAINABLE CONSUMPTION). The Ministry of
Education will incorporate into the diversified curriculum, content on the rights of users and users, consumers and consumers, and responsible and sustainable consumption.
Article 37. (RESPONSIBLE AND SUSTAINABLE PROGRAMS AND PROJECTS).
Unlimited and non-limiting manner, programs and projects of responsible and sustainable consumption, must provide for the following contents:
State planning of the demand for products and services, in the framework of the social, economic and environmental sustainability.
Generating incentives that encourage responsible and sustainable consumption.
Promoting the revaluation of traditional responsible and sustainable consumption practices, of the indigenous nations and indigenous peoples.
Awareness about the negative impact of scheduled product obsolescence and the needs imposed.
Article 38. (PARTICIPATION OF THE MEDIA).
I. The media regarding the protection of user rights and users, consumers, and
consumers, should contribute to:
Report or disseminate responsible and sustainable consumer education programs, and promote respect for the rights of users and users, consumers and consumers.
Promote the dissemination of plans Food security and nutritional security development national.
Generate programming spaces that are broadcast in different official languages, as well as targeted people with disabilities, on consumer issues responsible and sustainable.
The protection of girls, boys and adolescents, adopting appropriate measures against inappropriate content in their programming or dissemination of information.
Avoid that information through publications, messages and images promote the submission or exploitation of women,
II.
SECTION II
DUTIES IN CONSUMER RELATIONS
ARTICLE 39. (DUTIES OF USERS AND USERS, CONSUMERS AND CONSUMERS
CONSUMERS). Users and users, consumers and consumers, in their consumer relationships, should:
Report on responsible and sustainable consumption, and contribute to promoting it.
Observe and assume warnings and instructions regarding the proper use, consumption, installation, or preservation of the product or service.
Propender not to cause damage to Mother Earth by consumption and residue of products or services.
To promote and exercise a rational and responsible consumption of products and services.
To denounce the existence of products and services that put the health or physical integrity of the population at risk.
Support and promote awareness campaigns and programs sensitization, for the full exercise of the rights of users and users, consumers and consumers.
Article 40. (DUTIES OF SUPPLIERS). The suppliers that offer products or services
must comply, with the following:
Promote education on responsible and sustainable consumption.
Obtain the respective licenses or authorizations
Providing care without discrimination, with respect, warmth, cordiality to users and users, consumers, and consumers.
Providing quality, equality, equity, accessibility, and uninterrupted, product or service conditions, except for the cases provided for in the specific regulations.
Issuing to the competent authority models of accession contracts, for approval.
Adopt appropriate and reliable security mechanisms that ensure the protection of secrecy, confidentiality and privacy of user and user information, consumers and consumers, in accordance with the Constitution of the State, this Law and the specific regulations.
Enable appropriate and permanent means and instruments for users and users, consumers and consumers to carry out their queries and complaints, such as telephone lines, public service platforms, points of claim, among others.
Understanding and resolving, in an efficient and effective manner, requests and complaints made by users and users, consumers and consumers.
Communicate and report with prior to the interruption of the service, to the appropriate authorities and to the users, consumers and consumers affected.
Exhibiting certification certificates or other documents, which accredit the capabilities or offers of specialized services.
Deliver to the user and the user, in the case of services, a written record of the conditions, rights and obligations of both parties, copy of the signed contract, the annexes and any related documentation. Without prejudice to this, they shall maintain such information available to users and users in their public service offices or other appropriate means of information for the purpose.
permanently train your staff with regard to user and user care, consumers and consumers.
Introducing user and user rights and obligations information, consumers and consumers, in the billing that is extended.
Other that sets the specific regulations.
CHAPTER QUINTO
INSTITUTIONALITY AND PUBLIC MANAGEMENT
Article 41. (COORDINATION AND COOPERATION). For the effective exercise of the rights and guarantees of the
users and users, consumers and consumers, all levels of the State will establish mechanisms of cooperation and coordination.
Article 42. (PUBLIC POLICY). The Ministry of Justice will be able to propose, promote and promote policies
general, programs and projects at the central level of the State and national reach in terms of rights of users and users, consumers and consumers, as well as implementing programs and projects for the education and dissemination of these rights.
Article 43. (PLURINATIONAL PLAN TO PROMOTE AND PROTECT THE RIGHTS OF THE
USERS, CONSUMERS, CONSUMERS). The Ministry of Justice will formulate, in coordination with the competent entities, the Plurinational Plan of the Rights of the Users and Users, the Female and the Consumers.
Article 44. (MONITORING AND MONITORING). The Ministry of Justice, in the framework of the regulations
in force, will monitor and monitor the Plurinational Plan of the Rights of the Users and the Users, the Female and the Consumers.
Article 45. (SECTORAL COORDINATION COUNCILS). According to the Autonomous Framework Law and
Decentralization? Andrés Ibanez?, central level entities related to user rights and users, consumers and consumers, will be able to generate spaces of coordination with the autonomous levels, according to their competencies. and institutional needs, through the formation of Sectoral Coordination Councils.
Article 46. (COMPUTER SYSTEM ON USER AND USER, CONSUMER AND
CONSUMER).
I. The Ministry of Justice will implement a computer system on user and user, consumer and
consumer, which will contain the registration of the defense organizations, claims information and other relevant, that support in the adoption of general and sectoral policies on the rights of users and users, consumers and consumers.
II. The entities responsible for approving models of contracts and receiving claims, will send digital information or in
other formats to the Ministry of Justice, under regulation.
Article 47. (SOCIAL CONTROL). Public policies, programs and projects to promote and protect
the rights of users and users, consumers and consumers, will be subject to social control, according to Law.
Article 48. (ADVOCACY ORGANIZATIONS OF THE USER, USER, CONSUMER AND CONSUMER).
I. Users and users, consumers and consumers will be able to organize in order to participate in
promoting and defending their individual, collective or diffuse rights.
II. organizations are not for profit and are prohibited from receiving economic resources, directly or indirectly, from any supplier.
III. The form of participation of these organizations in the defense of the rights of users and users, consumers and consumers, will be determined in regulation.
CHAPTER SIXTH
LIABILITY FOR VIOLATION OF RIGHTS
OF THE USER AND USER, CONSUMER AND CONSUMER
Article 49. (APPLICABILITY). The provisions set out in this Chapter shall be applicable by the
central level entities and autonomous governments, within the framework of their competencies.
SECTION I
LIABILITY TO USERS AND USERS, CONSUMERS AND CONSUMERS
Article 50. (RESPONSIBILITY). The suppliers will be responsible for the violation of the rights and
guarantees of the users and users, consumers and consumers, established in this Law and the specific regulations, emerging the Restorative order liability, without prejudice to the appropriate administrative, civil or criminal liability.
Article 51. (LIABILITY REGIME). The responsibility of the suppliers is governed as follows:
Suppliers who perform manufacturing, production, import, distribution or final marketing activities shall be jointly and severally liable the consumer and the consumer, who will be able to claim their rights to any of them. The supplier who has complied with the repair for the violation of rights, will be able to repeat in front of the other suppliers.
The provider that provides services will be solely responsible to the user and the user.
SECTION II
RULES FOR PROCESSING THE
ADMINISTRATIVE CLAIM
Article 52. (NATURE).
I. It is intended for the immediate restitution of the rights to users and users, consumers
consumers
II. The rules set out in this Section should be applied and developed by the entities in charge of
to resolve claims for violations of user rights and users, consumers and consumers. consumers, in their respective administrative claim procedures.
Article 53. (PROCEDURAL PRINCIPLES). In addition to the principles laid down in specific regulations,
the procedure will be guided by the principles of honesty, legality, material truth, speed, immediacy, orality, gratuitousness, effectiveness, informalism and investment of the load of the test.
Article 54. (MINIMUM REQUIREMENTS). The procedure will minimally set the following aspects:
It may be initiated at the request of part or of trade, in verbal or written form.
It may be raised by the user and the user, the consumer and the user. affected consumer or by an organization of users and users, consumers and consumers.
Identification of the rights violated for its restoration, as well as the responsible supplier.
requires some legal sponsorship.
Set up mechanisms for the protection of the identity of users and users, consumers and consumers affected, when there are reasons to justify it.
Any claim must always be resolved, even if the claimant leaves it.
When multiple processes exist with the same pretense and are derived from the same fact, they will accumulate to the first known claim.
Promote the restoration of rights, using reconciliation as an alternative means of solution.
Article 55. (PRECAUTIONARY MEASURES).
I. The precautionary measures to be taken, are intended to avoid further affectation of the rights of the
users and users, consumers and consumers.
II. According to the case and without prejudice to the set to specific regulations, the following may be adopted:
Temporary disregard of the product or suspension of service.
Temporary ban on production, distribution, marketing, provision, or product or service provisioning.
Temporary product withdrawal.
Temporary withdrawal of advertising or information to the user or user.
Grant of guarantees to ensure compliance with the restoration.
Others that by their nature avoid further affectation.
III. For compliance with the precautionary measures, public force assistance may be required.
Article 56. (SCOPE OF THE CONCILIATION).
I. The procedure may be initiated with the promotion of reconciliation between parties, on available aspects, provided that
does not contravene the provisions of the State Political Constitution and this Law.
II. If a partial reconciliation is reached, the competent authority that knows the claim will accurately establish the facts on which the procedure will continue.
Article 57. (ANALYSIS AND ASSESSMENT). The competent authority shall analyze and assess the claim in accordance with the background and evidence of charge and discharge.
Article 58. (RESOLUTION).
I. The resolution must establish the existence or non-violation of the right and determine the liability of the
provider.
II. In case of setting the violation of the right, the corresponding measures of restoration will be determined, without
detriment of referring history to the corresponding instance.
Article 59. (REVIEW FACILITY). The resolution referred to in the previous Article may be challenged
to the same authority as the one that gave it, and resolved by the higher hierarchical authority or designated by specific regulations.
Article 60. (EXHAUSTION OF THE ADMINISTRATIVE ROUTE). The resolution issued in the
review, ends the administrative path.
Article 61. (DEFAULT). Failure to comply with the decisions taken, will result in the penalties
being determined in the sanctioning procedure set out in specific regulations.
Article 62. (RESTORATION FORMS). In addition to the forms of replenishment established in specific regulations
, violations of the guarantees and rights of users, consumers, consumers, and consumers can be restored as follows:
Moral, which consists of formal apology, public satisfaction, or other, admonition or warning.
Replacing through health, education, or other social services for the benefit of the community.
Positive restore that consists of dictating, among others, the following measures:
Repair of the good or product, and if not possible, the change of the good or the product by others of identical or similar will be available features.
Run the assumed service or obligation, and if it is not possible or unreasonable, another equivalent effect including pecuniary capabilities.
Return the amounts paid by the consumer plus legal interests, where the repair, replacement or enforcement of the benefit or obligation, as the case may be, not possible.
Return the amounts plus legal interest calculated to the date, when undue or excess payments are made, in cash or through credit generation to user and user favor.
Determine the deletion of the identified abusive clauses.
ADDITIONAL DISPOSITION
ONLY. For compliance and implementation of this Law, the entities of the responsible public sector,
will allocate the necessary resources within its institutional budget, regardless of the source of funding, not having to represent additional resources to the State Treasury.
FINAL PROVISIONS
FIRST. The Executive Body within one hundred and twenty (120) days of published this Law, will develop
the corresponding regulation for its application.
. The sector regulatory and audit entities, within sixty (60) days of the approval of the
regulations of this Law, will have to adjust their regulations as appropriate, in accordance with this Law.
THIRD. The sanctioning procedures for claims of users and users who are
pending the entry into force of the provisions of this Law will culminate in the provisions of this Law. established in Supreme Decree No 27172 of 15 September 2003, Supreme Decree No 71 of 9 April 2003 2009, and other current sectoral regulations.
OPENING AND REPEALING PROVISION
ONLY. All provisions contrary to this Law shall be abrogated and repealed.
Remit to the Executive Body for the purpose of
It is given in the Session Room of the Plurinational Legislative Assembly, at twenty-six days of the month of
November of the year two thousand thirteen.
Fdo. Nelida Sifuentes Cueto, Lucio Marca Mamani, Andres Agustín Villca Daza, Claudia Jimena Torres
Chávez, Marcelo Elio Chávez, Carlos E. Subirana G.
Therefore, it is enacted so that it has and will comply with the Law of the Plurinational State of Bolivia.
Palace of Government of the city of La Paz, four days of the month of December of the year two thousand thirteen.
FDO. EVO MORALES AYMA, Juan Ramon Quintana Taborga, Luis Alberto Arce Catacora, Ana Teresa Morales Olivera, Cecilia Luisa Ayllon Quinteros, Juan Carlos Calvimontes Camargo, Roberto Ivan Aguilar Gomez, Claudia Stacy Peña Claros, Amanda Davila Torres.
