Quyết định 1997/QĐ-TTg 2016 về bảo vệ quyền lợi người tiêu dùng giai đoạn 2016-2020

THE PRIME MINISTER

Decision No.  1997/QD-TTg dated October 18, 2016 of the Prime Minister on approval for consumer protection program in period of 2016-2020

Pursuant to the Law on the Governmental Organization dated June 19, 2015;

Pursuant to the Law on consumers’ right protection dated November 17, 2010;

Pursuant to the Government’s Decree No.99/2011/ND-CP dated October 27, 2011 detailing and guiding a number of Articles of the Law on consumer protection;

At request of the Minister of Industry and Trade,

DECIDES:

Article 1.To approve the Consumer Protection Program for the period 2016-2020 which has the following main contents:

I. SCOPE AND TARGETS

1.General targets:

To introduce and implement policies, mechanism and measures for supporting consumer protection in Vietnam; to enhance qualifications, capacity and give responsibilities to the State regulatory authorities, social organizations and enterprises, and to raise consumers’ awareness with the aim of achieving some achievements in consumer protection and contributing to social justice and national sustainable development.

2.Specific targets

By 2020, it is expected to:

-Have at least 5,000 officials from the State regulatory authorities and social organizations participating in consumer protection; 15,000 traders and service providers participating in disseminating, training and raising awareness of consumer protection.

-Provide training in laws on consumer protection , consumer knowledge and skills for at least 20,000 students.

-Create nationwide synchronous switchboards providing consumer consulting services that are operated by the State competent authorities, social organizations participating in consumer protection (hereinafter referred to as “social organization”), traders and service providers.

-Have Consumer Protection Associations established in at least 60 provinces and direct-controlled municipalities (hereinafter referred to as “province”); and ensure that at least 40 provinces have social organization networks of districts.

-Found mediation agencies at all level, have mediation agencies established in at least 40 provinces which are affiliated to the State regulatory authority and social organizations of provinces.

-Prepare mechanism for cooperation between competent authorities taking charged of inspection and assessment of consumer goods and services.

-Create national consumer protection database.

-Prepare and implement “Enterprise for customers” program.

-Ensure that at least 80% consumers’ complaints will be addressed at the State regulatory authorities and social organizations, traders and service providers, and the percentage of settlement shall exceed 70% of filed complaints.

3.Scope

The consumer protection program includes multiple approved projects for intensifying consumer protection as prescribed in Articles 48 and 49 of the Law on Consumer Protection, Articles 28 and 35 of the Government’s Decree No.99/2011/ND-CP dated October 27, 2011 detailing and guiding a number of Articles of the Law on Consumer Protection and other actions prescribed hereof.

II. PROGRAM ORGANIZERS AND BENIFICIARIES

1.Organizers:

a) The Ministry of Industry and Trade shall be in charge of organizing of the Consumer Protection Program.

b) Ministries, ministerial-level agencies, governmental agencies, People’s Committees at all ranks, local authorities and social organizations under the Law on Consumer Protection shall be take charge of executing projects of the consumer protection program (hereinafter referred to as “organizer”).

2.Beneficiaries

State regulatory authorities, social organizations, traders, service providers, consumers and relevant entities.

III. PROGRAM CONTENTS

1.Preparation plans and organization of Vietnam’s Consumer Rights Day

Pursuant to the Decision No.1035/QD-TTg dated July 10, 2015 by the Prime Minister, State regulatory authorities, social organizations, business community and relevant entities shall prepare and carry out activities for the Vietnam Consumer Rights Day according to the theme developed by the Ministry of Industry and Trade.

2.Dissemination of policies and laws on consumer protection.

Disseminate policies and laws on consumer protection through seminars, conferences, forums; means of media such as broadcasting media, online newspapers, online forums, publications, videos, leaflets, banners, slogans, programs, competitions, events and in other form or shape.

3.Development of human recourses for consumer protection

a) Equip teaching tools and draw up training documents on consumer protection and for different groups of trainees

b) Provide short-term, medium-term and long-term training courses for officials in charge of protection of consumer rights at organizations, enterprises and authorities.

c) Compile training documents and provide training in consumer protection for students.

4.Establishment of nationwide switchboards for consumer consulting

a) Upgrade and complete the switchboards of the Ministry of Industry and Trade.

b) Set up and connect switchboards at Departments of Industry and Trade, consumer protection associations and enterprises with those at the Ministry of Industry and Trade to form a synchronous nationwide switchboard.

c) Develop provides, transfer and facilitate use of software and consumer database.

5.Establishment of mediation agencies

a) Found mediation agencies at State regulatory authorities and social organizations under the Law on Consumer Protection.

b) Complete structuring the organization; improve human resources and equipment for mediation and conciliation by relevant agencies providing legal consulting services, mediation and conciliation of disputes between consumers and traders or service providers.

6.Intensification of inspection and assessment of consumer goods and service quality

a) Introduce mechanism for cooperation in consumer protection between state regulatory authorities, social organizations and entities that take charge of conducting inspection and assessment of consumer services and goods quality, especially in food safety, medicine, standards, measurements, quality, consumer goods and services.

b) Provide necessary equipment for inspecting and assessing services and goods quality for State regulatory authorities in charge of consumer protection.

c) Facilitate and assist social organizations in testing and surveying consumer goods and services to give warnings to consumers.

7.Creation of national consumer protection database.

a) Create national consumer protection database in order to:

-Develop and complete legislative documents and policies, disseminate regulations of laws, examine, inspect and deal with violations against consumer rights.

-Assist in settling complaints and disputes between enterprises and consumers.

-Assess and give warnings of unsafe business and consumption practices or unsafe foods and services that may be harmful to consumer’s health and property.

-Digitalization and provision of consumer protection documents and teaching tools.

b) Introduce policies and facilitate access to consumer protection database by regulatory authorities, social organizations, enterprises and consumers.

8.Execution of the “Enterprise for customers” program

a) Prepare and implement the “Enterprise for customers” program, provide instructions and encourage enterprises to heighten their responsibilities for consumers by:

-Incorporating policies and regulations on consumer protection into business strategies and policies.

-Setting up professional teams and consulting systems at enterprises’ premises to deal with consumers’ complaints

-Introducing and applying procedures and standards on addressing consumers complaints and taking measures for reducing consumers’ complaints.

-Compiling and releasing instructions on implementation of the Consumer Protection Program and publications concerning consumer protection according to the enterprise’s policy.

-Providing training courses in laws on consumer protection for boards of directors, staff and consumers.

b) The Ministry of Industry and Trade shall specify the Consumer Protection Program content, introduce criteria for assessment, certification and grant of certificates to satisfactory enterprises; compile and apply mechanism for supervision the operation of enterprises that have obtained certificates; set up and operate the consumer protection database for the access of consumers and relevant entities; and verify enterprises that have been granted the certificates.

9.International cooperation in consumer protection

a) Be willing to cooperate in consumer protection activities in the region and all over the world.

b) Cooperate with consumer organizations of other countries to protect Vietnamese consumers’ rights in cross-border transactions.

c) Take charge of and cooperate to hold international cooperation programs to broaden experience in consumer protection.

10.Other activities for consumer protection according to the reality and regulations of laws.

IV. FUNDING FOR CONSUMER PROTECTION PROGRAM

1.Sources of finance

The consumer protection program will be funded from the State budget, enterprises and businesses; domestic and overseas entities and other lawful capital mobilized in accordance with regulations of laws.

2.Rules for fund management

a) For funding from the State budget:

-Funding for the Consumer Protection Program of the Ministry of Industry and Trade shall be accounted in the annual budget expenditure estimate of the Ministry of Industry and Trade.

-Funding for the Consumer Protection Program of Ministries, ministerial-level agencies and governmental agencies shall be included in their annual budget expenditure estimate.

-Funding for the Consumer Protection Programs of provinces shall be included in their annual budget expenditure estimate.

b) Funding for the Consumer Protection Program shall be managed and allocated in accordance with current regulations of laws.

Article 2. Implementation organizations

1.The Ministry of Industry and Trade, performing as program organizer, shall:

a) Take charge of and cooperate with regulatory authorities and People’s Committees of provinces to:

-Manage, give instructions, inspect and supervise the execution of the Consumer Protection Program.

-Prepare, implement and supervise the implementation of projects.

-Issue guidance on implementation of the Consumer Protection Program.

b) Aggregate and submit periodic or surprise progress reports to the Prime Minister.

2.The Ministry of Finance shall:

a) Cooperate the Ministry of Industry and Trade to prepare guidance on implementation the Consumer Protection Program.

b) Annually arrange funding for implementation of the consumer protection program under the Law on the State Budget.

c) Cooperate with the Ministry of Industry and Trade to provide instructions, supervise and inspect the implementation of the Consumer Protection Program.

3.The Ministry of Planning and Investment shall:

a) Cooperate the Ministry of Industry and Trade to prepare guidance on implementation the Consumer Protection Program.

b) Arrange capital for the implementation of the Consumer Protection Program.

c) Cooperate with the Ministry of Industry and Trade to provide instructions, supervise and inspect the implementation of the Consumer Protection Program.

4.The Ministry of Home Affairs shall:

a) Cooperate with the Ministry of Industry and Trade to encourage state regulatory authorities and social organizations to take part in consumer protection.

b) Cooperate with the Ministry of Industry and Trade to provide instructions, supervise and inspect the implementation of the Consumer Protection Program.

5.The Ministry of Science and Technology shall:

a) Take charge of and cooperate with the Ministry of Industry and Trade in actions for consumer protection regarding intellectual property, standards, measurement, quality and preparation of assistance policies on inspection, assessment and declaration of goods quality and consumer services.

b) Cooperate with the Ministry of Industry and Trade to provide instructions, supervise and inspect the implementation of the Consumer Protection Program.

6.The Ministry of Education and Training and Ministry of Labor, War Invalids and Social Affairs shall:

a)Take charge of and cooperate with the Ministry of Industry and Trade to design curricula and educate students in high school, vocational schools, colleges and universities nationwide on consumer rights.

b) Cooperate with the Ministry of Industry and Trade to provide instructions, supervise and inspect the implementation of the consumer protection program.

7.The Ministry of Health shall:

a) Take charge of and cooperate with the Ministry of Industry and Trade to carry out consumer protection activities in fields of medicine, pharmaceuticals, food safety, medical equipment, medical services and healthcare.

b) Cooperate with the Ministry of Industry and Trade to provide instructions, supervise and inspect the implementation of the consumer protection program.

8.The Ministry of Agriculture and Rural Development shall:

a) Take charge of and cooperate with the Ministry of Industry and Trade to protect consumer rights in agriculture, forestry, fishery and irrigation by focusing on controlling input quality.

b) Cooperate with the Ministry of Industry and Trade to provide instructions, supervise and inspect the implementation of the consumer protection program.

9.The Ministry of Information and Communications shall:

a) Take charge of and cooperate with the Ministry of Industry and Trade to prepare plans and disseminate campaigns for consumer protection, direct press agencies to release consumer protection program information.

b) Cooperate with the Ministry of Industry and Trade to provide instructions, supervise and inspect the implementation of the consumer protection program.

10.Every Ministry, ministerial-level agency and governmental agency shall:

Cooperate with the Ministry of Industry and Trade to incorporate projects of national programs and other socio-economic development program with those of the consumer protection program to enhance the effectiveness and save budget.

11.Every People’s Committee of province shall:

a) Prepare projects, arrange funding and conduct projects of the local –scale consumer protection programs, incorporate this program into other projects and program within the province to fully mobilize local sources for the implementation of the program.

b) Facilitate the participation in projects of the Consumer Protection Program of the province by state authorities and social organizations.

c) Submit progress reports on implementation of the consumer protection program to the Ministry of Industry and Trade annually or surprisingly upon request.

d) Cooperate with the Ministry of Industry and Trade to provide instructions, supervise and inspect the implementation of the consumer protection program in the province.

12.Every social organization participating in consumer protection shall:

a) Prepare, propose and conduct assigned projects to step up consumer protection nationwide and within the province according to the program content specified in Article 1 hereof.

b) Cooperate with the State regulatory authorities at all ranks to provide instructions, supervise and inspect the implementation of projects within the scope of the Consumer Protection Program.

Article 3. Implementation

1.This Decision takes effect on the signing.

2.The Minister of Industry and Trade, Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Presidents of People’s Committees of provinces and relevant entities shall be responsible for the implementation of this Decision ./.

The Prime Minister

Nguyen Xuan Phuc