Law on Protection of Consumer Rights, No. 59/2010/QH12

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ATTRIBUTE Law on Protection of Consumer Rights

Law No. 59/2010/QH12 dated November 30, 2010 of the National Assemble on Protection of Consumer Rights
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:59/2010/QH12Signer:Nguyen Phu Trong
Type:LawExpiry date:
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Issuing date:17/11/2010Effect status:
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Fields:Commerce - Advertising , Medical - Health , Others

SUMMARY

SOME NEW POINTS OF THE LAW ON PROTECTION OF CONSUMER RIGHTS

On November 30, 2010, the President issued the Order formally announcing the Law on Protection of Customer Rights (Law) No. 59/2010/QH12 passed by the National Assembly of the Socialist Republic of Vietnam at its 8th session on November 17, 2010.

Compared to previous regulations on protection of consumer rights, this Law includes some advanced and prominent points and what is the most attracted one that Law regulates prohibited behaviors in consumer right protection.

In particular, prohibiting goods or service trader makes deceitful or misleading advertisements or conceal information or provide incomplete, untruthful or inaccurate information; harass consumers through goods or service marketing against consumers’ will for 2 or more times or commits an act that obstructs or affects the normal work or day-to-day activities of consumers; forces consumers.

Besides, in order to overcome disadvantages in the Ordinance on consumer right protection in 1999 on controlling model contracts and general transaction conditions, the Law requires that A trader of goods or services on the Prime Minister’s list of essential goods and services shall register its model contract and general transaction conditions with a competent state agency in charge of consumer right protection. A competent state agency in charge of consumer right protection may, itself or at the request of consumers, request a goods or service trader to cancel or modify its model contract or general transaction conditions when detecting such contract or conditions infringe upon consumer rights.

The Law also includes 01 Chapter regulating settlement of disputes between consumers and goods and service traders, including negotiation; mediation; arbitration; court. Especially, a consumer is obliged to provide evidence and prove in a civil case to protect his/her legitimate rights and interests under the law on civil procedures, except proving faults of a goods or service trader.

This Law takes effect on July 1, 2011. Ordinance No. 13/1999/PL-UBTVQHQ10 on Consumer Right Protection ceases to be effective on the date this Law takes effect.
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THE PRESIDENT

Order No. 16/2010/L-CTN of November 30, 2010, on the promulgation of law

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;

Pursuant to Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 57 of the Law on Promulgation of Legal Documents,

PROMULGATES:

the Law on Protection of Consumer Rights,

which was passed on November 17, 2010, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 8th session.

President of the Socialist Republic of Vietnam
NGUYEN MINH TRIET

 

Law on Protection of Consumer Rights

(No. 59/2010/QH12)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law on Protection of Consumer Rights.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides the rights and obligations of consumers; responsibilities of goods and service traders toward consumers; responsibilities of social organizations for consumer right protection; settlement of disputes between consumers and goods and service traders; and state management responsibilities for consumer right protection.

Article 2. Subjects of application

This Law applies to consumers; goods and service traders; agencies, organizations and individuals involved in the protection of consumer rights in the territory of Vietnam.

Article 3.  Interpretation of terms

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

1. Consumer means the buyer or user of a goods or service for consumption or day-to-day activities of a person, a household or an organization.

2. Goods or service trader means an organization or a person carrying out one step or some or all steps of an investment process, from production to sale of goods or service provision on the market, for profit, including:

a/ Traders defined under the Commercial Law;

b/ Persons engaged in independent and regular commercial activities which are not subject to business registration.

3. Defective goods  means a goods which is unsafe to consumers and likely harms the life, health or property of consumers even in case such goods is manufactured according to current standards or technical regulations but its defects have not been detected at the time it is supplied to consumers, including:

a/ Mass-produced goods with defects arising from their technical design;

b/ Individual goods with defects arising during production, processing, transportation or storage;

c/ Likely unsafe goods without adequate instructions and warning to consumers.

4. Harassment of a consumer means an act of directly or indirectly contacting a consumer to introduce a goods, service or goods or service trader or soliciting contract conclusion against the consumer’s will, obstructing and affecting the normal work or day-to-day activities of the consumer.

5. Model contract means a contract prepared by a goods or service trader for transactions with consumers.

6. General transaction conditions means regulations and rules on goods sale or service provision announced by a goods or service trader for application to consumers.

7. Mediation means the settlement of a dispute between a consumer and a goods or service trader through a third party.

Article 4. Principles of consumer right protection

1. Consumer right protection is the joint responsibility of the State and the whole society.

2. Consumer rights are respected and protected under law.

3. Consumer rights must be protected promptly, fairly, transparently and lawfully.

4. Consumer right protection activities must not infringe upon the State’s interests and legitimate rights and interests of goods and service traders and other organizations and persons.

Article 5. State policies on consumer right protection

1. To create favorable conditions for organizations and individuals to proactively participate in consumer right protection.

2. To encourage organizations and individuals to apply and develop advanced technologies to manufacture and provide safe and quality goods and services.

3. To regularly and comprehensively take measures to manage and control goods and service traders in law observance.

4. To raise all resources to increase investment in physical foundations and human resource development for agencies and organizations engaged in consumer right protection; to regularly and increasingly counsel and assist consumers and disseminate and guide knowledge for them.

5. To enhance international integration and expand international cooperation and sharing of information and management experience in consumer right protection.

Article 6. Protection of consumer information

1. A consumer may have his/her information kept secure and confidential when making transactions and using goods or services except upon request by a competent state agency.

2. When collecting, using and transferring information about consumers, a goods or service trader shall:

a/ Clearly and publicly notify consumers in advance of the purposes of collection and use of their information;

b/ Obtain consumers’ consent before using their information for the purpose already notified to consumers;

c/ Ensure security, accuracy and completeness of consumer information during collection, use and transfer;

d/ Update and correct information, or take measures to enable consumers to update and correct inaccurate information;

e/ Obtain consumers’ consent before transferring their information to a third party, unless otherwise provided by law.

Article 7. Consumer right protection in transactions with persons engaged in independent and regular commercial activities not subject to business registration

1. Pursuant to this Law and other relevant laws, the Government shall issue detailed regulations on consumer right protection in transactions with persons engaged in independent and regular commercial activities not subject to business registration.

2. Pursuant to this Law, the Government’s regulations and specific conditions of localities, People’s Committees of communes, wards and townships and management boards of markets and trade centers shall take specific measures to ensure quality, quantity and food safety for consumers who buy or use goods or services of persons engaged in independent and regular commercial activities not subject to business registration.

Article 8. Rights of a consumer

1. To have his/her life, health and property safety and legitimate rights and interests assured when making transactions with or using goods or services provided by a goods or service trader.

2. To be provided with accurate and adequate information on the goods or service trader; contents of goods- or service-related transactions; and goods origin; and with transaction-related invoices, vouchers and documents and other necessary information on the goods or services he/she has bought or used.

3. To select goods or services or goods or service traders based on his/her needs and actual conditions; to decide to participate or not participate in transactions and select contents of agreement when making transactions with a goods or service trader.

4. To give feedback to goods or service traders on goods or service prices and quality, servicing style, transaction modes and other matters related to transactions between the consumer and goods or service traders.

5. To participate in the elaboration and implementation of policies and laws on consumer right protection.

6. To claim damages when a goods or service fails to meet standards or technical regulations or to reach the quality, quantity, utilities, prices or other matters as notified, posted up, advertised or committed by the goods or service trader.

7. To lodge a complaint or denunciation or initiate or request a social organization to initiate a lawsuit to protect his/her rights under this Law and other relevant laws.

8. To receive counseling, assistance and guidance on consumption knowledge.

Article 9. Obligations of a consumer

1. To check goods before receipt; to select goods or services of clear origin which do not harm the environment, are not contrary to fine customs and practices and social ethics, do not harm his/her and others’ life and health; to properly and fully follow use instructions for goods or services.

2. To notify concerned state agencies, organizations and individuals when detecting a marketed goods or service that fails to meet safety requirements or harms or likely harms the life, health or property of consumers or when detecting an act of a goods or service trader which infringes upon the legitimate rights and interests of consumers.

Article 10. Prohibited acts

1. A goods or service trader that makes deceitful or misleading advertisements or conceal information or provide incomplete, untruthful or inaccurate information on:

a/ Its goods or services;

b/ Its prestige, business capacity or goods or service provision capacity; or,

c/ Contents and characteristics of transactions between it and consumers.

2. A goods or service trader harasses consumers through goods or service marketing against consumers’ will for 2 or more times or commits an act that obstructs or affects the normal work or day-to-day activities of consumers.

3. A goods or service trader forces consumers by:

a/ Using force or threatening to use force or taking other measures that harm the life, health, honor, prestige, dignity or property of consumers; or,

b/ Taking advantage of consumers’ difficulty or a natural disaster or an epidemic to force them into transactions.

4. A goods or service trader carries out trade promotion activities or requests to make direct transactions with persons without civil act capacity or with lost civil act capacity.

5. A goods or service trader requests consumers to pay for its goods or services provided without prior agreement with consumers.

6. A consumer or a social organization engaged in consumer right protection or a goods or service trader takes advantage of consumer right protection to infringe upon the interests of the State or the legitimate rights and interests of another organization or person.

7. A goods or service trader takes advantage of consumers’ difficulty or a natural disaster or an epidemic to provide poor-quality goods or services.

8. An organization or individual trades in poor-quality goods or services that harm the life, health or property of consumers.

Article 11. Handling of violations of the law on consumer right protection

1. A person who violates the law on consumer right protection shall, depending on the nature and severity of his/her violation, be administratively sanctioned or examined for penal liability. If causing damage, he/she shall pay damages under law.

2. An organization that violates the law on consumer right protection shall, depending on the nature and severity of its violation, be administratively sanctioned. If causing damage, it shall pay damages under law.

3. A person who abuses his/her position or powers to violate the law on consumer right protection shall, depending on the nature and severity of his/her violation, be disciplined or examined for penal liability. If causing damage, he/she shall pay damages under law.

4. The Government shall detail the sanctioning of administrative violations in consumer right protection.

Chapter II

RESPONSIBILITIES OF GOODS AND SERVICE TRADERS TOWARDS CONSUMERS

Article 12. Responsibilities of goods and service traders for providing information on goods and services for consumers

1. To label goods under law.

2. To post up prices of goods or services at business places and service offices.

3. To notify consumers of goods’ or services’ possible adverse impacts on their health, life or property, and preventive measures.

4. To provide information on its capacity to supply spare parts and accessories of goods.

5. To provide use instructions; and warranty conditions, duration, places and procedures, for goods or services with warranty.

6. To accurately and fully notify consumers of its model contract and general transaction conditions prior to any transactions.

Article 13. Responsibilities of third parties for providing information on goods or services for consumers

1. When a goods or service trader provides information for consumers through a third party, such party shall:

a/ Provide accurate and complete information on the goods or service to be provided;

b/ Request the goods or service trader to provide evidence for the accuracy and completeness of information on the goods or service;

c/ Take joint responsibility for providing inaccurate or incomplete information unless it can prove that it has taken all measures required by law to verify the accuracy and completeness of information on the goods or service;

d/ Observe the laws on press and advertising.

2. When a goods or service trader provides information on goods or services in the mass media, the owner of the mass medium or the communication service provider shall:

a/ Comply with Clause 1 of this Article;

b/ Work out and develop technical solutions to prevent its medium or service from being used for harassment of consumers;

c/ Refuse a goods or service trader’s use of its medium or service if such use can harass consumers;

d/ Stop a goods or service trader’s use of its medium or service for harassment of consumers at the request of consumers or a competent state agency.

Article 14. Contracts with consumers

1. Forms of contracts concluded with consumers comply with the civil law.

2. A written contract with a consumer must use plain and understandable language, which is Vietnamese, unless otherwise agreed by involved parties or provided by law.

3. When a contract is concluded electronically, a goods or service trader shall create conditions for a consumer to review the whole contract before its conclusion.

4. The Government shall detail other forms of concluding contracts with consumers.

Article 15. Interpretation of contracts with consumers

When a contract can be understood differently, the organization or person competent to settle disputes shall interpret the contract in favor of the consumer.

Article 16. Invalid terms of contracts with consumers and general transaction conditions

1. Terms of a contract with a consumer or general transaction conditions are invalid when they:

a/ Exclude responsibilities of the goods or service trader toward the consumer under law;

b/ Restrict or exclude the consumer’s right to lodge complaints or lawsuits;

c/ Allow the goods or service trader to unilaterally change the contract’s conditions already agreed with the consumer, or change rules and regulations on goods sale or service provision applicable to consumers who buy and use goods or services, which are not specified in the contract;

d/ Allow the goods or service trader to unilaterally determine that the consumer fails to perform one or some obligations;

e/ Allow the goods or service trader to set or change prices at the time of goods delivery or service provision;

f/ Allow the goods or service trader to interpret the contract when its terms are construed differently;

g/ Exclude responsibilities of the goods or service trader in case of goods sale or service provision through a third party;

h/ Force consumers to fulfill their obligations even when the goods or service trader fails to fulfill its obligations;

i/ Allow the goods or service trader to transfer its rights and obligations to a third party without the consumers’ consent.

2. Terms of a contract with a consumer or general transaction conditions shall be announced to be invalid under, and their handling complies with, the civil law.

Article 17. Performance of model contracts

1. When concluding a model contract with a consumer, a goods or service trader shall give a reasonable time for the consumer to study such contract.

2. A goods or service trader shall keep a concluded model contract until such contract expires. A goods or service trader shall give a consumer a copy of the concluded model contract which is kept confidential by the consumer or is damaged.

Article 18. Application of general transaction conditions

1. A goods or service trader shall publicly notify consumers of its general transaction conditions before making transactions with consumers.

2. The point of time for applying general transaction conditions must be specific and posted up at easy-to-notice places in transaction venues.

Article 19. Control of model contracts and general transaction conditions

1. A trader of goods or services on the Prime Minister’s list of essential goods and services shall register its model contract and general transaction conditions with a competent state agency in charge of consumer right protection.

2. A competent state agency in charge of consumer right protection may, itself or at the request of consumers, request a goods or service trader to cancel or modify its model contract or general transaction conditions when detecting such contract or conditions infringe upon consumer rights.

3. The Government shall detail this Article.

Article 20. Responsibilities for provision of transaction evidences

1. A goods or service trader shall provide consumers with invoices or vouchers and documents related to transactions under law or at the consumers’ request.

2. When transactions are made electronically, a goods or service trader shall create conditions for consumers to access, download, store and print out invoices, vouchers and documents specified in Clause 1 of this Article.

Article 21. Responsibilities for warranty on goods, parts and accessories

Warranty shall be provided on goods, parts and accessories as agreed by parties or required by law. A trader of goods, parts and accessories subject to warranty shall:

1. Fully perform its obligations to provide warranty on its goods, parts and accessories;

2. Provide consumers with a warranty card which must specify the time of maintenance. Such time is excluded from the warranty period. When the goods trader replaces parts or accessories or change the goods, the warranty period for such parts, accessories or goods shall be counted from the time of replacing those parts or accessories or changing the goods;

3. During the time of maintenance, provide consumers with similar goods, parts or accessories for temporary use or offer another solution accepted by consumers;

4. Change similar goods, parts or accessories or recall goods, parts or accessories and refund consumers when it, past the time of maintenance, fails to repair or correct the faults;

5. Change similar goods, parts or accessories or recall goods, parts or accessories and refund consumers when it fails to correct the faults after 3 or more times of maintaining such goods, parts or accessories;

6. Pay expenses for the repair and transportation of goods, parts and accessories to maintenance places and from such places to consumers’ places of residence;

7. Be held responsible for warranty on goods, parts and accessories for consumers even when it authorizes another organization or person to provide such warranty.

Article 22. Responsibilities for recall of defective goods

When detecting defective goods, the producer or importer of such goods shall:

1. Promptly take all necessary measures to stop the supply of such goods in the market;

2. Publish information on defective goods and its recall on at least 5 consecutive issues of a daily newspaper or 5 consecutive days on the radio or television of the locality in which such goods is marketed, with the following contents:

a/ Description of the goods to be recalled;

b/ Reasons for the recall and warning of damage possibly caused by defects of such goods;

c/ Time, place and mode of recall;

d/ Time and mode of remedy of defects;

e/ Necessary measures to protect consumer rights during the recall;

3. Recall defective goods as publicly notified and pay expenses arising during the recall;

4. After completing the recall, report its results to a provincial-level state management agency in charge of consumer right protection of the locality in which defective goods are recalled or to the central state management agency in charge of consumer right protection when defective goods are recalled in 2 or more provinces.

Article 23. Responsibilities for compensation of damage caused by defective goods

1. Goods traders shall pay damages when their defective goods harm the life, health or property of consumers even when they are not aware about or not at fault for such defects, except the case defined in Article 24 of this Law.

2. Goods traders provided in Clause 1 of this Article include:

a/ Goods producers;

b/ Goods importers;

c/ Organizations and persons with their commercial names on goods or using trademarks or commercial indicators showing that they are goods producers or importers;

d/ Direct suppliers of goods to consumers in case those responsible for paying damages specified at Points a, b and c of this Clause are unidentifiable.

3. Damages shall be paid under the civil law.

Article 24. Exemption from liability for compensation for damage caused by defective goods

Goods traders defined in Article 23 of this Law are exempt from liability for paying damages when they can prove that the defects of goods are undetectable given the scientific and technical level at the time they supply goods to consumers.

Article 25. Request for consumer right protection by state management agencies

1. When detecting that violations of the law on consumer right protection of a goods or service trader harm the interests of the State, interests of many consumers or public interests, a consumer or social organization may directly request or send a written request to a district-level state management agency in charge of consumer right protection of the locality in which transactions are made for settlement.

2. A consumer or social organization is obliged to provide information and evidence related to violations of a goods or service trader.

Article 26. Settlement of request for consumer right protection

1. When receiving a consumer’s request, a district-level state management agency in charge of consumer right protection shall request involved parties to give explanations, provide information and evidence or itself verify and collect information and evidence for settlement under law.

2. A district-level state management agency in charge of consumer right protection shall issue a written reply on the settlement of a request for consumer right protection. When concluding that a goods or service trader infringes upon consumer rights, the written reply must contain the following contents:

a/ The violation;

b/ Remedies;

c/ Time for taking remedies;

d/ Administrative handling measures (if any).

3. The remedies provided at Point b, Clause 2 of this Article include:

a/ Forcing the goods or service trader to recall or destroy goods or stop providing goods or services;

b/ Terminating or suspending business operations of the violator;

c/ Forcing the goods or service trader to remove the term that infringes upon consumer rights from the model contract or general transaction conditions.

4. In addition to the remedies provided in Clause 3 of this Article, a goods or service trader committing recidivism shall be included in the list of goods or service traders infringing upon consumer rights.

5. The Government shall detail this Article.

Chapter III

RESPONSIBILITIES OF SOCIAL ORGANIZATIONS FOR CONSUMER RIGHT PROTECTION

Article 27. Social organizations engaged in consumer right protection

1. Social organizations lawfully established and operating under their charters may participate in consumer right protection.

2. Social organizations’ consumer right protection activities must comply with this Law and relevant laws.

Article 28. Contents of consumer right protection by social organizations

1. A social organization may protect consumer rights by:

a/ Guiding, assisting and counseling consumers upon request;

b/ Representing a consumer to initiate a lawsuit or initiating a lawsuit for public interest;

c/ Providing a state management agency in charge of consumer right protection with information on goods or service traders’ violations of law;

d/ Independently surveying and testing goods or service quality and announcing its survey and testing results; notifying and warning consumers of goods or services and take responsibility before law for such notification and warning; proposing competent state agencies to handle violations of the law on consumer right protection;

e/ Participating in the elaboration of laws, guidelines, policies, orientations, plans and measures for consumer right protection;

f/ Performing tasks assigned by state agencies under Article 29 of this Law;

g/ Disseminating, popularizing and educating about laws and knowledge on consumption.

2. The Government shall stipulate conditions for social organizations engaged in consumer right protection to exercise the right to initiate lawsuits for public interest under Point b, Clause 1 of this Article.

Article 29. Performance of tasks assigned by state agencies

1. When performing tasks assigned by state agencies, a social organization engaged in consumer right protection may receive financial supports from the State and other conditions under law.

2. The Government shall specify tasks assigned by state agencies to social organizations engaged in consumer right protection.

Chapter IV

SETTLEMENT OF DISPUTES BETWEEN CONSUMERS AND GOODS AND SERVICE TRADERS

Article 30. Modes of settling disputes between consumers and goods or service traders

1. A dispute between a consumer and a goods or service trader shall be settled through:

a/ Negotiation;

b/ Mediation;

c/ Arbitration;

d/ Court.

2. Negotiation and mediation do not apply to disputes that harm the interests of the State, interests of many consumers or public interests.

Section 1

NEGOTIATION

Article 31. Negotiation

1. A consumer may send a written request for negotiation to a goods or service trader when believing that his/her legitimate rights and interests are infringed upon.

2. A goods or service trader shall receive a consumer’s request for negotiation and negotiate with the consumer within 7 working days after receiving such request.

Article 32. Negotiation results

Results of successful negotiation between a goods or service trader and a consumer shall be made in writing, unless otherwise agreed by parties.

Section 2

MEDIATION

Article 33. Mediation

A goods or service trader and a consumer may agree to select a third party being a person or mediation organization to mediate their dispute.

Article 34. Mediation principles

1. Assurance of objectivity, honesty, goodwill and no constraint or deception.

2. Mediators and involved parties shall keep confidential mediation-related information, unless otherwise agreed by the parties or provided by law.

Article 35. Mediation organizations

Organizations and individuals satisfying the conditions provided by the Government may establish mediation organizations to settle disputes between consumers and goods or service traders.

Article 36. Mediation records

1. A mediation record must contain the following principal contents:

a/ Mediating organization or person;

b/ Parties involved in the mediation;

c/ Mediation contents;

d/ Time and place of mediation;

e/ Opinions of parties involved in the mediation;

f/ Mediation results;

g/ Time limit for implementing mediation results.

2. A mediation record must contain signatures of the parties involved in mediation and signature of the mediating organization or person.

Article 37. Implementation of mediation results

Parties shall implement mediation results within the time limit specified in the mediation record. When a party fails to voluntarily do so, the other may initiate a lawsuit before a court for settlement under law.

Section 3

ARBITRATION

Article 38. Effect of arbitration term

Before concluding a contract, a goods or service trader shall notify a consumer of the arbitration term which is acceptable to the consumer. In case the goods or service trader includes the arbitration term in its model contract or general transaction conditions, when a dispute arises, an individual consumer may select another mode for settlement.

Article 39. Order and procedures for dispute settlement by arbitration

The order and procedures for dispute settlement by arbitration comply with the law on commercial arbitration.

Article 40. Burden of proof

The burden of proof in dispute settlement by arbitration complies with Article 42 of this Law.

Section 4

DISPUTE SETTLEMENT BY COURTS

Article 41. Civil cases on consumer right protection

1. A civil case on consumer right protection is the case in which the plaintiff is a consumer or a social organization engaged in consumer right protection under this Law.

2. A civil case on consumer right protection shall be settled according to simple procedures under the law on civil procedures when it fully meets the following conditions:

a/ The plaintiff is an individual consumer. The defendant is an organization or a person directly supplying the goods or service for the consumer;

b/ The case is simple with clear evidence;

c/ The transaction value is less than VND 100 million.

Article 42. Burden of proof in civil cases on consumer right protection

1. A consumer is obliged to provide evidence and prove in a civil case to protect his/her legitimate rights and interests under the law on civil procedures, except proving faults of a goods or service trader.

2. A goods or service trader is obliged to prove that it does not commit faults causing damage.

3. A court shall decide on the party at fault in a civil case on consumer right protection.

Article 43. Legal costs and court fees for civil cases on consumer right protection

1. Legal costs and court fees for civil cases on consumer right protection comply with the law on legal costs and court fees.

2. A consumer initiating a civil case to protect his/her legitimate rights and interests is not required to advance legal costs and court fees.

Article 44. Notification of civil cases on consumer right protection initiated by social organizations

1. A social organization engaged in consumer right protection shall make public notice of its lawsuit in an appropriate form and take responsibility for such notice and assure that such does not affect normal operation of the goods or service trader.

2. A notice provided in Clause 1 of this Article covers:

a/ The social organization engaged in consumer right protection initiating the lawsuit;

b/ The sued goods or service trader;

c/ Details of the lawsuit;

d/ Procedures and time limit for participating in the case.

3. A court shall publicly post up at its office its acceptance of a case within 3 working days after receiving the case under the law on civil procedures.

Article 45. Notification of court judgments or rulings on settlement of civil cases on consumer right protection initiated by social organizations

A court judgment or ruling on settlement of a civil case on consumer right protection initiated by a social organization shall be publicly posted up at the court office and published in the mass media in an appropriate form.

Article 46. Damages in civil cases on consumer right protection initiated by social organization for public interest

Damages in a civil case for consumer right protection initiated by a social organization for public interest shall be paid under the court judgment or ruling.

Chapter V

STATE MANAGEMENT RESPONSIBILITIES FOR CONSUMER RIGHT PROTECTION

Article 47. State management responsibilities for consumer right protection

1. The Government shall perform the uniform state management of consumer right protection.

2. The Ministry of Industry and Trade shall take responsibility before the Government for performing the state management of consumer right protection.

3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, coordinate with the Ministry of Industry and Trade in performing the state management of consumer right protection.

4. People’s Committees of all levels shall, within the ambit of their tasks and powers, perform the state management of consumer right protection in their localities.

Article 48. Responsibilities of the Ministry of Industry and Trade

1. To promulgate according to its competence or propose competent state agencies to promulgate strategies, master plans, plans, programs, projects, policies and laws on consumer right protection and organize their enforcement.

2. To manage consumer right protection activities of social organizations and mediation organizations; to manage model contracts and general transaction conditions under Article 19 of this Law.

3. To disseminate, popularize and educate about the law on consumer right protection; to counsel and assist consumers in and raise their awareness about consumer right protection.

4. To form a database for consumer right protection; to train human resources and train in professional operations for consumer right protection.

5. To inspect, examine, settle complaints and denunciations and handle violations of the law on consumer right protection according to its competence.

6. To carry out international cooperation in consumer right protection.

Article 49. Responsibilities of People’s Committees of all levels

1. To promulgate according to their competence or propose competent state agencies to promulgate legal documents on consumer right protection and organize their enforcement in their localities.

2. To manage consumer right protection activities of local social organizations and mediation organizations.

3. To disseminate, popularize and educate about the law on consumer right protection; to counsel and assist consumers in and raise their awareness about consumer right protection in their localities.

4. To inspect, examine, settle complaints and denunciations and handle violations of the law on consumer right protection according to their competence.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 50. Effect

This Law takes effect on July 1, 2011.

Ordinance No. 13/1999/PL-UBTVQHQ10 on Consumer Right Protection ceases to be effective on the date this Law takes effect.

Article 51. Implementation detailing and guidance

The Government shall detail and guide articles and clauses of this Law as assigned; and guide other necessary contents of this Law to meet state management requirements.

This Law was passed on November 17, 2010, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 8th session.-

Chairman of the National Assembly
NGUYEN PHU TRONG

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