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Ordinance 13/1999/pl-Ubtvqh10: Protecting The Rights Of Consumers

Original Language Title: Pháp lệnh 13/1999/PL-UBTVQH10: Bảo vệ quyền lợi người tiêu dùng

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ORDINANCE on the protection of the rights of consumers _ _ _ _ _ _ _ _ _ _ _ _ _ to protect the rights and legal interests of consumers; strengthening the effective governance, enhance the accountability of the Organization, individual manufacturing, trading of goods and services in the protection of consumer interests;
Pursuant to the Constitution of the Socialist Republic of Vietnam in 1992;
Based on the resolutions of the National Assembly X 4 session, about the building of laws and Ordinances the term National Assembly X and program building laws and ordinances in 1999;
This Ordinance regulates the protection of consumer rights.
Chapter I GENERAL PROVISIONS article 1 the consumer is the buyer, using the goods or services for the purposes of consumer activities of individuals, families and organizations.
Article 2 protects the legitimate rights and interests of consumers is the responsibility of the whole society.
State organs, organizations, political organizations, social-political organizations, social organizations, social-professional organization, the people's armed units and individuals have the responsibility to implement the provisions of this Ordinance and the provisions of the relevant legislation on the protection of consumer rights.
Committee of the Vietnam Fatherland Front and the front's member organizations in the scope of the task, their powers are responsible for propaganda, education, encourage the people to participate in activities to protect the rights of consumers and enforce the law on the protection of consumer rights.
Article 3 the State encourage the reasonable consumer, save.
State policy, measures to develop the economy of goods, strengthen the role of State enterprises in the manufacturing, trading of goods and services in a quality necessities in order to protect the interests of consumers.
The State encouraged the expansion of international cooperation in the field of protecting the rights of consumers.
Article 4 the Organization, individual manufacturing, trading of goods and services consumers in the country; organizations, business individuals importing goods must strictly enforce the provisions of this Ordinance, trade legislation, standards, measurement, quality goods, food, advertising, protection of the environment and the other rules of a relevant law; If the damage is compensated according to the provisions of the law.
Article 5 consumers have rights and responsibilities stipulated in this Ordinance and the provisions of relevant laws.
Article 6 the Organization, foreign individuals active on the territory of Vietnam to implement the provisions of the law of Vietnam on the protection of consumer rights, except in the case of international treaties to which the Socialist Republic of Vietnam signed or otherwise.
Article 7 prohibits the following acts: manufacturing and trading banned, false;
Production, business, consumer goods and services cause serious environmental pollution, harm to life, health of people, contrary to customs;
Information, false advertising;
4. other violations in order to deceive consumers.
Chapter II RIGHTS and RESPONSIBILITIES of CONSUMERS article 8 consumers have a choice of goods and services; provided truthful information about the quality, the price, the method of use of goods and services; guaranteed safety of life, health and the environment when using goods and services; guided insights about consumers.
Article 9 the consumers have the right to claim reimbursement, compensation when goods, services are not standard, quality, quantity, price has published or contract was committed; complaints, accusations, claims under the provisions of the law with respect to the production and trading of fake goods, goods, services, non-standard, the quality, quantity and the information, false advertising.
Article 10 the consumer have the right contributions in building and implementing policy, the law on the protection of consumer interests; ask individual organizations in manufacturing, trading of goods, service done right the responsibility in protecting the interests of consumers.
Consumers have the right to request the organisation of personal, business, manufacturing standards, quality assurance of goods and services in the essential needs of eating, wearing, in, transportation, education, health protection, environmental protection and the goods or services registered, announced.
Article 11 consumer organization founded to protect the rights and legitimate interests of themselves under the provisions of the law.
Consumers directly or through a representative to protect the rights and legitimate interests.
Article 12 responsible consumers protect themselves in the consumer goods and services; make proper guidance on how to use the goods or services; not consumer goods, services, harm to the environment, contrary to customs, harm to life, health and the community.
Article 13 the consumers responsibility to detect, denounce the deceptive behavior on standards, measurement, quality, branded goods, prices and other deceptive acts of the Organization, individual manufacturing, trading of goods and services, causing damage to themselves and the community according to the provisions of the law.
Chapter III LIABILITY of the ORGANIZATION, individual manufacturing, TRADING of GOODS, article 14 SERVICE organizations, individual manufacturing, sales of goods, business registration service to register, published standards, the quality of goods and services in accordance with the provisions of the law and made the right commitment to consumers; have to check regularly on safety, the quality of goods and services, making the weight, measurement, counting, making it exactly.
Specific government regulations protecting the interests of consumers in the case of production, trading goods, not services register, published standards, the quality of goods and services.
Article 15 individual, organization of production, sales of goods, services, information must be accurate and truthful advertising about goods and services; prices of goods and services; announced conditions, duration, location, warranty and instructions for use of the goods, its services to consumers.
Article 16 the organisation, individual manufacturing, trading of goods and services must be timely resolution of all complaints by consumers about goods, services are not standard, quality, quantity, price has published or contract was committed; perform warranty service for goods with customers.
Article 17 the Organization, individual manufacturing, trading of goods and services is responsible for the collection, research, collect opinions of consumers; reimbursement, compensation for consumers under the provisions of the law.
Chapter IV STATE MANAGEMENT on PROTECTION of CONSUMER RIGHTS Article 18 content of State management on protection of consumer rights including: the enactment and implementation of the legal texts on the protection of consumer interests;
Construction and implementation of the policy on the protection of consumer interests, on reasonable consumption, save;
Directing and coordinating the activities to protect the rights of consumers, ministerial-level agencies, government agencies, people's councils and people's committees of the levels;
Training, staff training on the protection of consumer interests;
Advocacy, education, common law and insights related to the protection of consumer interests;
International cooperation in the field of protecting the rights of consumers;

Testing, inspection of the observance of the law on protection of consumer rights; complaints, accusations of consumers; processed in violation of law on protection of consumer rights.
Article 19 the Government of unified state management on protection of consumer rights within the country.
The State administration on the protection of the rights of consumers the Government is responsible to perform state management on protection of consumer rights.
Specific government regulations of the State administration on the protection of consumer rights.
Article 20 ministries, ministerial agencies, government agencies in the scope of the task, their powers are responsible for coordination with State authorities on protection of consumer rights in the implementation of State management on protection of consumer rights.
The Government specifies the responsibilities of ministries, ministerial agencies, government agencies specified in paragraph 1 of this article.
Article 21 the people's Council, the people's Committee in the scope of its powers, the mission is responsible for implementing, monitoring, checking the enforcement of policies and legislation to protect the rights of consumers locally.
Chapter V COMPLAINTS, accusations and HANDLE breach of article 22 consumers directly or through a representative to make the complaint, claim, compensation for individual, organization of production, sales of goods and services were causing damage to themselves under the rule of law.
Article 23 The consumer complaints against the Organization, individual manufacturing, trading of goods and services are addressed first and foremost the principle of reconciliation, unless otherwise specified by law. In the absence of reconciliation is, consumers have the right to complain or sue under the provisions of the law.
Article 24 the consumer directly or through his representative to report to the Agency, organization, personal authority on the violations of the law on protection of consumer rights.
Article 25 the State administration on the protection of the rights of consumers and the relevant State agencies are responsible for timely resolution under the jurisdiction of the complaints, accusations of consumers under the provisions of the law.
Article 26 any Person producing, and trading ban, medicines, food and other goods; food does not guarantee safety, hygiene standards; production, business, consumer goods and services seriously polluting the environment, harm to life, health of people, contrary to customs; information, false advertising; fraud in weight, swung, measuring, counting or other acts violating the law on the protection of consumer rights, then depending on the nature and extent of the violation that sanctioned administratively or prejudice criminal liability; If the damage to consumers must be compensated according to the provisions of the law.
Article 27 People would abuse the position, rights violations or covering up for other people to violate the law on protection of consumer rights, then depending on the nature and extent of the violation being disciplined or prejudice criminal liability.
Article 28 would be violations of the law on protection of consumer rights which cause damage to the Organization, the other individual shall in addition be handled as specified in articles 26 and 27 of this Ordinance, have to compensation under the provisions of the law.
Chapter VI PROVISIONS Enacted 29 this Ordinance has effect as from October 1, 1999.
Article 30 the Government detailing the implementation of this Ordinance.