Overview of Consumer Protection in Vietnam

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1 Overview of Consumer Protection in Vietnam Malaysia, Sept 23-24, 2010 Ms. Ta Thi Minh Van Official of Consumer Protection Board, VCA

2 Content Part 1: Overview of Law system on Consumer Protection in Vietnam; Part 2: Introduce the Vietnam Consumer Protection Agency and Organizations; Part 3: Challenges in the Implementation and Enforcement of Consumer Protection Law in Vietnam and Some Recommendations. 2

3 Part 1: Overview of Law system on Consumer Protection in Vietnam

4 Current legal documents regulating Consumer Protection in Vietnam - The Ordinance on Protection of Consumers interests in The Decree 55/2008/ND-CP on Detailing the Implementation of the Ordinance on Protection of Consumers interests in The Civil Code - The Penal Code - The Competititon Law 4

5 Current legal documents regulating Consumer Protection in Vietnam - The Business Law - The Law on Insurance Business - The Law on Credit Institutions - The Law on Product Quality - The Ordinance on Foods Hygiene and Safety - The Ordinance on Advertisement - The Decree 89/2006/ND-CP on goods labelling - 5

6 The Draft of Law on Protection of Consumers Interests 6 Chapters and 57 Articles - Chapter 1: General Provisions - Chapter 2: Business Organizations and Individuals Responsibility on Consumers Interests Protection - Chapter 3: Social Association Responsibility on Consumers Interests Protection - Chapter 4: Resolution of Disputes between Consumers and Business Organizations, Individuals - Chapter 5: State Administration Responsibility on Consumers Interests Protection - Chapter 6: Implementing Provisions 6

7 Government s policy and role towards Consumer Protection Education and Awareness Article 4 of Decree No.55/2008/ND-CP of the Government: Activities of consumers s rights protection must be based on the following fundamental principles: (i) All legitimate rights and interests of consumers must be respected and protected pursuant to laws; (ii) Any infringement against legitimate rights and interests of consumers must be timely handled pursuant to laws; (iii) Protection of consumer s rights is under responsibility of the whole society

8 Part 2: Introduce the Vietnam Consumer Protection Agency and Organizations

9 Vietnam Competition Authority (VCA) under the Ministry of Industry and Trade has function helping Minister to perform state management over consumer protection. In each province there is the Bureau of Industry and Trade that perform local management. Besides the VCA, Vinastas a social organization established to protect the legitimate rights and interests of consumers, currently has 37 branches on all the country.

10 THE ORGANIZATION OF VCA Ministry of Industry and Trade Vietnam Competition Authority (VCA) Director General Consumer Protection Board Competition Restriction Investigation Board Unfair Competition Handling Board Competition Management & Supervision Board Trade Remedies Board International Cooperation Board Branches in Ho Chi Minh City, Da Nang City Office Center for Investigator Training Center for Competition and Consumer Protection Information

11 Government s Cooperation/ Partnership with Consumer Organizations Support consumer organizations in training human resources through inviting staffs of organizations attending training courses; Financial support in organising some events; Giving advice on handling consumer complaints; Inviting representatives from consumer organizations in drafting relating laws and regulations on consumer protection.

12 Part 3: Challenges in the Implementation and Enforcement of Consumer Protection Law in Vietnam and Some Recommendations

13 Challenges in the Implementation and Enforcement of Consumer Protection in Vietnam Lack of comprehensive legal framwork. Current Ordinance on consumer protection is outdated and provided with general provisions. Vietnam now is drafting the new Law on Protection of Consumers Interests; Lack of awareness of consumer on their rights and interests; Consumer protection agency is newly established need to strengthen capacity building; Consumer organizations are still not effective because they are short of budget for operation and expansion.

14 Recommendations - Improve the resources for the Consumer Protection Agency and Social Consumer Protection Organizations; - Enhance education and guidance for consumers to protect their legitimate rights and interests; - Building the strict sanctions to deal with violations of consumer rights; - Enhance cooperation between State Agencies and Social Consumer Protection Organizations; - Enhance international cooperation between countries in the region and the world.

15 THANK YOU FOR YOUR ATTENTION! 15

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