Decree 55/2024/ND-CP Detailing the Implementation of Certain Provisions of the Law on Consumer Rights Protection.
Decree 55/2024/ND-CP detailing the implementation of certain articles of the Law on Consumer Protection
On May 16, 2024, the Government of Vietnam issued Decree 55/2024/ND-CP detailing the implementation of certain articles of the Law on Consumer Protection.
Decree 55/2024/ND-CP details Clause 9 of Article 3; Clause 2 of Article 9; Clause 2 of Article 13; Clause 5 of Article 23; Clause 5 of Article 28; Clause 3 of Article 32; Clause 5 of Article 33; Clause 4 of Article 37; Clause 5 of Article 39; Clause 3 of Article 40; Clause 3 of Article 45; Clause 3 of Article 47 and Clause 2 of Article 73 of the Law on Consumer Protection.
In Chapter III, Decree 55/2024/ND-CP specifies regulations on protecting consumer rights in transactions with individuals engaging in independent, regular commercial activities without business registration.
These regulations include the responsibilities of individuals engaging in independent, regular commercial activities without business registration within the scope of markets and shopping centers and the responsibilities of market and shopping center management organizations.
(1) Responsibilities of individuals engaging in independent, regular commercial activities without business registration within the scope of markets and shopping centers:
Individuals engaged in independent, regular commercial activities without business registration within markets and shopping centers, in addition to complying with the responsibilities stipulated in Clause 1 of Article 9 of the Law on Consumer Protection 2023, must fully comply with the responsibilities for consumer protection as stipulated in the internal regulations issued by the market and shopping center management organization as per the law.
(2) Responsibilities of market and shopping center management organizations:
- Issue internal regulations as stipulated by law, containing basic contents on consumer protection, including:
Rights and responsibilities of consumers and sellers; individuals responsible for receiving and resolving consumer requests and complaints, and measures for handling violations.
- Mediate disputes between consumers and sellers within the market and shopping center when requested.
- Place and maintain the operation of standard scales and measuring devices at markets and shopping centers for consumers to self-check the quantity and weight of goods.
The standard scales and measuring devices must be calibrated and within the calibration period as specified by the law on measurement.
- Regularly monitor the quality and quantity of goods, standard scales, and measuring devices within the market and shopping center.
- Establish and publicly post a hotline to receive and resolve consumer requests according to the classification of the market and shopping center as stipulated by law.
- Periodically, every six months, notify and cooperate with functional agencies on commerce, market management, food safety, standards, measurement, and quality in controlling the quality, quantity, origin, and food safety of goods and services within the market and shopping center under their management.
- Report to competent authorities in case of detecting violations of consumer protection laws and other related regulations.
- Handle violations as per the internal regulations issued in accordance with the law.
How does Decree 55/2024/ND-CP detail certain articles of the Law on Consumer Protection?
05 general requirements for contracts with consumers under Decree 55/2024/ND-CP
According to Article 6 of Decree 55/2024/ND-CP, the general requirements for contracts with consumers, standard form contracts, and general transaction conditions are prescribed as follows:
(1) The language used must be Vietnamese, and another language may be agreed upon as per Clause 2 of Article 23 of the Law on Consumer Protection 2023.
(2) In the case of written contracts, the smallest font size is 12 in Times New Roman or an equivalent size.
(3) The text and background color presenting the content must contrast with each other.
(4) The document's layout and design must be clear and easy to follow.
(5) The content must be clear, understandable, and must comply with the legal provisions on consumer protection.
When does Decree 55/2024/ND-CP come into effect?
According to Article 29 of Decree 55/2024/ND-CP, the effective date is specified as follows:
Effective Date
1. This Decree takes effect from July 1, 2024.
2. Decree No. 99/2011/ND-CP dated October 27, 2011 of the Government of Vietnam detailing and guiding the implementation of certain articles of the Law on Consumer Protection ceases to be effective from the effective date of this Decree.
Thus, as stipulated above, Decree 55/2024/ND-CP takes effect from July 1, 2024.
Law on Consumer Protection 2023 takes effect from July 1, 2024.
LawNet