Strengthening Consumer Protection in Vietnam

1. STRENGTHENING THE TASKOF CONSUMER PROTECTIONIN VIETNAM Dr. Dinh Thi My Loan Director General, Competition Administration Department MINISTRY OF TRADE

2. PRESENTATION CONTENTS • 1. The necessity of consumer protection work • 2. Laws on protection of consumers’ rights • 3. State Management of Protection of Consumers' Rights • 4. State Management function of the Ministry of Trade in consumer protection • 5. Roles of Departments of Trade/Departments of Trade and Tourism • 6. Roles of ministries/industries and organizations in consumer protection.

3. Roles of consumers: - Consumers greatly affect businesses’operation. - Consumer protection aims at both ensuring social equity and guaranteeing a fair business environment. 1. The necessity of consumer protection work

4. 1. The necessity of consumer protection work (cont’d) • Vietnam’s situation: • Unfair competition acts (improper multilevel marketing; misleading advertisement…) • Counterfeit and low-quality goods • Violation of Intellectual Property Law • - The issues of price, quality and safety of goods and services.

5. Numerous enterprises are still no respect of their responsibilities to consumers. The mass of consumers are not fully aware of their rights and responsibilities and that do not execute them. 1. The necessity of consumer protection work (cont’d)

6. Ordinance No.13/1999/PLUBTVQH10 on protection of consumers’ rights - Promulgated on April 27, 1999; - Governing the rights and responsibilities of consumers; organizations and individuals producing and trading goods and services; State management of protection of consumers' rights; Resolving complaints and denunciations and dealing with breaches… 2. Laws on protection of consumers’ rights

7. Decree No.69/2001/NĐ-CP Making detailed provisions for implementation of the Ordinance on Protection of Consumers' Rights Promulgated on October 2, 2001; Making detailed provisions for State Management of Protection of Consumers' Rights in which detail responsibilities are assigned to Ministries/industries and localities; Regulating Organizations Protecting Consumers' Rights; Resolving Complaints and Denunciations and Dealing with Breaches. 2. Laws on protection of consumers’ rights (cont’d)

8. Law on Competition - Promulgated on December 14, 2004; - Governing competition restriction acts and unfair competition acts; 2. Laws on protection of consumers’ rights (cont’d)

9. Other legal documents: - Civil Code - Criminal Code - Commercial Law - Law on protection of people’s health - Law on protection of environment - Ordinance on quality of goods - Ordinance on measurement 2. Laws on protection of consumers’ rights (cont’d)

10. 3. State Management of Protection of Consumers' Rights • Under Ordinance No.13/1999/PL-UBTVQH10 on protection of consumers’ rights • Promulgation and organization of implementation of legal documents; • Construction and organization of implementation of policies on protection of consumers’ rights; on rational and economical consumption; • Guidance and co-ordination of activities on protection of consumers’ rights of Ministries, ministerial-level bodies, government agencies, people’s Council and people’s Committee at all local levels.

11. 3. State Management of Protection of Consumers' Rights (cont’d) • Training and developing officials; • Advocacy, education and popularization of laws and regulations; • International cooperation; • Check and inspection of implementation of the laws on protection of consumers' rights; • Resolving Complaints and Denunciations and • Dealing with Breaches.

12. Previously State Management function was entrusted to the The Ministry of Science, Technology and Environment in which The General Department of Standards, Weights, Measurements and Quality should assist the Minister of Science, Technology and Environment in the direct implementation of State management of protection of consumers' rights. 4. State Management function of the Ministry of Trade in consumer protection

13. Under Decree No. 29/2004/NĐ-CP regulating functions, duties, powers and organizational structure of the Ministry of Trade: - The Ministry of Trade shall be responsible to the Government for unified State management of protection of consumers' rights under laws and regulations… 4. State Management function of the Ministry of Trade in consumer protection (cont’d)

14. 4. State Management function of the Ministry of Trade in consumer protection (cont’d) • On September 29, 2004, The Ministry of Science, Technology and Environment officially handed over the responsibility for State Management in consumer protection to the Ministry of Trade

15. Under Decree No. 06/2006/NĐ-CP Competition Administration Department. 4. State Management function of the Ministry of Trade in consumer protection (cont’d)

16. Several activities of Competition Administration Department to implement this task: Guiding Departments of Trade/Departments of Trade and Tourism in taking up and implementation of this task Supplying information and advocacy of laws on protection of consumers’ rights via 4. State Management function of the Ministry of Trade in consumer protection (cont’d)

17. Several activities of Competition Administration Department to implement this task (cont’d): Enhancing international cooperation: CUTS International; Cooperation with ASEAN members FTC/DOJ of other nations 4. State Management function of the Ministry of Trade in consumer protection (cont’d)

18. 5. Roles of Departments of Trade/ Departments of Trade and Tourism • Under Circular No.08/2005/TTLT/BTM/BNV, Departments of Trade/Departments of Trade and Tourism is responsible for: • Guidance and organization of implementation of regulations on consumer protection in their localities; • Advocacy, education and popularization to consumers of laws and their rights; • Organization and assist consumers to self-protect of their rights.

19. 5. Roles of Departments of Trade/Departments of Trade and Tourism • Check and inspection of the comply of laws on protection of consumers’ rights • Co-ordination with related agencies in Resolving Complaints and Denunciations from consumers; • Support and close cooperation with local Association of Consumer Protection.

20. Under Decree No.69/2001/NĐ-CP, ministries, ministerial equivalent bodies and Government bodies shall be responsible, depending on their respective functions, duties and powers, to co-ordinate in the implementation of the following duties: - To draft and submit to the Government for promulgation, or to promulgate within their own authority, legal instruments relating to protection of consumers' rights for the branches and sectors they manage. 6. Roles of ministries/industries and organizations in consumer protection (cont’d)

21. -To guide, check and inspect implementation of the laws on protection of consumers' rights within the branches and sectors they manage. -To resolve complaints and denunciations, and to deal with breaches of the laws on protection of consumers' rights. - To organize education in respect of, and dissemination of information on, the laws on protection of consumers' right. 6. Roles of ministries/industries and organizations in consumer protection (cont’d)

22. Organizations protecting consumers' rights: - Be permitted to register their operation at people's committees at all local levels Be representative organizations in order to protect consumers' rights Be permitted to receive complaints from consumers Be possible to represent consumers to hand in complaints to authorized bodies for resolving 6. Roles of ministries/industries and organizations in consumer protection (cont’d)

23. Protection of consumers' rights is common responsibility of the society The task of protection of consumers' rights relates to many different industries/sectors and that it is needed to co-ordinate among Competition Administration Department (Ministry of Trade), Departments of Trade/Departments of Trade and Tourism, other ministries/industries, media agencies and Organizations protecting consumers' rights 6. Roles of ministries/industries and organizations in consumer protection (cont’d)

24. THANK YOU