New points of the Law on Consumer Protection
In the face of the increasing trend of consumer rights violations, causing damage not only to property but also to the health and even the lives of consumers. Therefore, the National Assembly has passed the Law on Consumer Rights Protection. Compared to the 1999 Ordinance on Consumer Rights Protection, the Law has the following basic new points:
+ Protection of consumer information: The Law affirms that consumers are guaranteed the safety and confidentiality of their information when participating in transactions and using goods and services, except in cases where a competent State agency requests it. In the case of collecting, using, and transferring consumer information, organizations and individuals trading in goods and services are responsible for clearly and publicly informing consumers about the purpose of collecting and using consumer information before doing so; using information in accordance with the purpose notified to consumers and must be agreed by consumers...
+ More specific regulations on consumer obligations: consumers have the obligation to check goods before receiving them; choose to consume goods and services with clear origin and source, which do not harm the environment, are contrary to good customs and social ethics, and do not endanger their lives and health and that of others; accurately and fully follow instructions for using goods and services. Inform relevant state agencies, organizations and individuals when discovering goods and services circulating on the market that do not ensure safety, cause damage or threaten to cause damage to the lives, health and property of consumers...
+ Prohibited acts in the field of consumer rights protection include: prohibiting business organizations and individuals from committing acts such as deceiving or confusing consumers through advertising activities or providing incomplete, misleading, inaccurate or concealing information about goods, services, reputation, business capacity; prohibiting unwanted contact or communication with consumers two or more times...
+ Contracts with consumers, general terms of transaction: The law provides quite comprehensive regulations on the registration of standard contracts for those essential goods and services. This regulation not only helps protect consumers in the process of purchasing and using essential goods and services for daily life but also helps state agencies protect consumer rights.
+ Responsibilities of organizations and individuals trading in goods and services towards consumers: organizations and individuals trading in goods and services must fully perform warranty obligations for the goods they provide, during the warranty period must provide consumers with similar goods for temporary use or have other forms of settlement acceptable to consumers, must bear the costs of repair and transportation of goods and components under warranty... For defective goods, organizations and individuals trading in goods must publicly announce on mass media, conduct recalls and report the results to the state management agency on consumer rights protection.
+ The role of social organizations in protecting consumer rights: The Law supplements regulations to enhance the role of consumer protection organizations, contributing to the socialization of consumer protection work such as the right to initiate a lawsuit for the public interest of consumer protection organizations (the Ordinance only stipulates the right to initiate a lawsuit of consumer protection organizations when authorized by consumers); stipulates that consumer protection organizations are provided with funding by the State and other conditions when this organization performs tasks assigned by state agencies.
+ Dispute resolution according to simple procedures: The Law stipulates that the dispute resolution procedure at court is quite simple when the court applies the simplified procedure to resolve civil cases on consumer rights protection in the case of a simple civil case, the individual is the consumer who initiates the lawsuit; the organization or individual directly providing goods and services to the consumer is sued; the case is simple, the evidence is clear; the transaction value is less than 100 million VND.
+ Exemption from the obligation to prove fault and exemption from advance payment of court fees: The Law provides for exemption from the obligation to prove fault and exemption from advance payment of court fees for consumers when suing organizations and individuals who violate their legitimate rights and interests. This Law replaces the 1999 Ordinance and takes effect from July 1, 2011.
Phuong Ha
