THE GOVERNMEN

Decree No. 99/2011/ND-CP of October 27, 2011, detailing and guiding a number of articles of the Law on Protection of Consumer Rights

Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant  to  November  17,  2010  Law  No.  59/2010/QH12  on Protection of Consumer Rights;

At the proposal of the Minister of Industry and Trade,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the protection of consumers in transactions with persons engaged  in  independent  and  regular  commercial  activities  not  subject  to business  registration;  contracts  with  consumers  and  general  transaction conditions;   settlement   of   consumer   right   protection   requests;   social organizations  engaged  in  consumer  right  protection;  mediation  of  disputes between consumers and institutional or individual traders and state management of consumer right protection.

Article 2. Subjects of application

This Decree applies to consumers; goods and service traders; and agencies, organizations and persons involved in consumer right protection in the territory of Vietnam.

Article 3. Interpretation of terms

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

1. Distance contract means a contract concluded between a consumer and a goods or service trader via an electronic device or by telephone. 2. Continuous service contract means a contract on service provision with an indefinite term or a term of three (3) months or more.

3. Door-to-door sale means the sale by a trader to a consumer at the latter’s home or office.

Chapter II

PROTECTION OF CONSUMERS IN TRANSACTIONS WITH PERSONS ENGAGED   IN   INDEPENDENT   AND   REGULAR   COMMERCIAL ACTIVITIES NOT SUBJECT TO BUSINESS REGISTRATION

Article  4. Responsibilities of a person engaged  in independent and regular commercial activities not subject to business registration

1. To guarantee the quality, quantity, use and food safety of his/her goods or services  provided to consumers  under  the law on consumer protection,  the commercial law and other related laws.

2. Not to supply consumers with the goods and services provided in Clause 1, Article 5 of the Government’s Decree No. 39/2007/ND-CP of March 16, 2007, on  persons  engaged  in  independent  and  regular  commercial  activities  not subject to business registration.

3.  To truthfully and fully provide information on his/her goods or services provided to consumers under the law on consumer protection, the commercial law and other related laws.

4. To change goods for or take back goods from and refund a consumer when his/her goods fail to meet requirements on quality, quantity or use as earlier informed to the consumer.

5. To comply with decisions on goods recall when his/her goods are subject to recall and bear expenses for goods destruction when his/her goods are subject to destruction under decisions of competent agencies.

6. In addition to Clauses 1, 2, 3, 4, and 5 of this Article, a person engaged in independent  and  regular  commercial  activities  not  subject  to  business registration operating in a market or trade center shall fully comply with rules on consumer protection set by the market management unit or the market or trade center operator and approved by a competent agency.

Article  5. Responsibilities of a market management unit or market or trade center operator

1. To issue rules under law which must cover basic contents on consumer right protection, including:

a/ Rights and responsibilities of consumers; b/ Rights and responsibilities of sellers;

c/  Persons  responsible  for  receiving  and  settling  requests  and  feedback  of consumers;

d/ Measures to handle violations.

2. To mediate disputes between consumers and sellers within the market or trade center when so requested.

3.  To place, and maintain operation of,  scales or measuring devices in the market or trade center for consumers to check the quantity and quality of goods. 4. To regularly supervise the quality and quantity of goods in the market or trade center.

5.  To set up,  and publicly post  up the  number of,  a telephone  hotline  for receiving and settling consumer requests suitable to the grade of the market or trade center as classified under law.

6. To biannually report on, and coordinate with functional agencies in charge of trade, market control, food safety, and standards, measurement and quality in, the control of quality, quantity, origin and food safety of goods and services within its market or trade center.

7. To report to competent agencies when detecting violations of the law on consumer right protection and other related laws.

8. To handle violations under its approved rules.

Article 6. Responsibilities of commune-level People’s Committees 1.  To  examine  and  supervise  market  management  units  and  operators  of markets and trade centers in their localities in implementing approved rules. When there is no market management unit or market or trade center operator, to take measures to protect consumer rights within markets or trade centers. 2. To manage and inspect activities of persons engaged in independent and regular  commercial  activities  not  subject  to  business  registration  in  their communes who operate outside markets and trade centers in order to protect consumer rights.

3.  To  coordinate  with  district-  and  provincial-level  functional  agencies  in charge of trade, market control, food safety, and standards, measurement and quality  in  managing  and  inspecting  activities  of  individual  traders  in  their communes.

4. To handle violations of regulations on consumer protection according to their competence and law.

5. To mobilize and encourage individuals to carry out commercial activities in markets and trade centers; to create conditions  for  individuals  to carry out business activities within markets and trade centers....

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