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Legal Document
Title: Consumer Protection Law No. 02/NA, dated 30 June 2010
Type: Law
Responsible Agency: Ministry of Industry and Commerce
Issuing Date: 2010-06-30
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Contents

Part I :General Provisions

Article 1.Objectives

Article 2.Consumer Protection

Article 3.Definitions

Article 4.State’s Policy on Consumer Protection

Article 5.Basic Principles of Consumer Protection

Article 6.Duty to Perform the Consumer Protection

Article 7.Scope of Application of Law.

Article 8.International Cooperation

Part II:Consumer Protection

Chapter 1:Types of Consumer Protection

Article 9.Types of Consumer Protection

Article 10.The Protection of Consumption of Goods

Article 11.The Protection of Consumption of Services

Chapter 2 :Production, Import, Selling of Goods and Services

Article 12.Production of Goods

Article 13.Import, Selling, Distribution of Goods and Services

Chapter 3: Advertising

Article 14.Advertising

Article 15.Permission for Advertisement 

Article 16.Modification of Advertising

Article 17.Access to Information

Chapter 4:Labels and Contracts

Article 18.Label controlled goods

Article 19.Descriptions of Label 

Article 20.Modification of Label controlled goods

Article 21.Contract 

Part III :Administrative Organizations for Consumer Protection.

Chapter 1:Administrative Organizations for Consumer Protection.

Article 22.Administrative Organizations for Consumer Protection.

Article 23.Industry and Commerce Sector 

Article 24.Heath Sector 

Article 25.Forestry and Agriculture Sector 

Article 26.Science and Technology Sector 

Article 27.Rights and Duties of the Organizations for Consumer Protection

Article 28.Other Sectors

Article 29.Consumer Protection Officers

Chapter 2 :Consumer Protection Association

Article 30.Functions and Roles of Consumer Protection Association

Article 31.Rights and Obligations of Consumer Protection Association

Part IV :Rights and Responsibilities of Consumers and Suppliers

Chapter 1:Rights and Responsibilities of Consumers.

Article 32.Rights of Consumers.

Article 33.Responsibilities of Consumers.

Chapter 2: Rights and Responsibilities of Suppliers.

Article 34.Rights of Suppliers.

Article 35.Responsibilities of Suppliers.

Part V Settlement of Disputes.

Chapter 1:Settlement of Disputes.

Article 36.Principles of Settlement of Disputes.

Article 37.Means of Settlement of Disputes.

Chapter 2 Conciliations

Article 38.Conciliations

Article 39.Records of Conciliations.

Chapter 3 Mediations

Article 40.Mediations.

Article 41.Principles of Mediations.

Article 42.Mediation Units.

Article 43.Timelines of Mediations.

Article 44.The Contents of the Mediation Records/Agreement6

Article 45.Implementation of Mediation Agreements.

Article 46.Procedure to Implement the Mediation Agreements.

Article 47.Cancellation of the Mediation Agreement 

Chapter 4 Administrative Means by the Organizations for Consumer Protection. 17

Article 48.Administrative Means.

Article 49.The Procedure for the Submissions of Requests

Article 50.Timelines of Address of Requests by Consumers.

Article 51.Scope of Authority to Solve the Requests.

Article 52.The Decisions.

Chapter 5 Settlements of Disputes by the Organization of Economic Disputes Settlement or by the People’s Courts.

Article 53.Settlement of Disputes by the Organization of Economic Disputes Settlement

Article 54.Settlement of Disputes by the People’s Courts.

Article 55.Settlement of Disputes related to Private International Laws.

Part VI :Prohibitions.

Article 56.Prohibitions on Officers or Personnel 

Article 57.Prohibitions on Consumers. 

Article 58.Prohibitions on Suppliers. 

Article 59.Prohibitions on Individuals and Organizations.

Part VII :Administration and Inspection on Consumer Protection Activities.

Chapter 1 :Administration of Consumer Protection Activities. 

Article 60.Organizations for Administration of Consumer Protection Activities.

Article 61.Rights and Duties of the Organizations for Administration of    Consumer Protection Activities.

Chapter 2 :Inspection on Consumer Protection.

Article 62.Inspection Agencies for Consumer Protection.

Article 63.The Substantive Inspection.

Article 64.Forms of Inspection.

Part VIII:Policies Forward Persons With Outstanding Achievement  and Measures Against Violators.

Article 65.Policies Forward Persons with Outstanding Achievement 

Article 66.Measures Against Violators.

Article 67.Re-education Measures.

Article 68.Disciplines Measure.

Article 69.Fines

Article 70.Civil Measures.

Article 71.Penal Measures. 

Article 72.Additional Measures.

Part IX  Final Provisions.

Article 73.Implementation.

Article 74.Effectiveness.


 

Lao People's Democratic Republic

Peace Independence Democracy Unity Prosperity

 

National Assembly                                                                                        No. 02/NA

Vientiane Capital, Dated 30 June 2010

 

 

Law on Consumer Protection

Part I
General Provisions

Article 1.Objectives

The Law on Consumer Protection defines the principles and measures to organize, administrate and inspect and monitor the activities of consumer protection in order to strengthen these activities ensuring the legitimate interests, [and] the safety of the consumers from the negative impacts as result of consumptions of goods and services; to promote the domestic production, import [and] distribution of goods and services to produce quality goods and services, to meet the standards, [and] to conduct properly  in accordance with regulations and laws; aiming at maintaining of the justice, peace and public orders of society to improve the standard of living of the people, contributing to the national socio-economic development.

Article 2.Consumer Protection

The consumer protection means the application of the principles and measures to protect the health, assets, legitimate rights and interests of consumer as result from the impacts of consumptions of goods and services such as foods, medicines, cosmetics, heath treatments, including the settlement of disputes between the consumers and supplier as provide for in regulations and laws.

Article 3.Definitions

The terms used in this law shall have the meanings ascribed below:

  1. Consumer means an individual, legal entity or organization who buys or uses goods and service properly without profit-making purpose;
  2. Supplier means an individual, legal entity or organization, which produces, sells, distributes, buys for re-selling, and renders service, imports for selling and transferring.
  3. Label means a picture, design, paper or any mark showing the statement describing of goods to appear on the goods, or container or package of goods, or inserted in or put together with the goods or container or package or goods, and includes a document or user’s manual, or tag attached to or displayed on the goods;
  4. Service means the act of being served, permission of right to use or conferring benefit in any property for monetary consideration or other forms of interests.
  5. [A Consumer] Contract means the agreement between the consumers and suppliers to purchase or sell the goods or use of services;
  6. Billboard Advertising means the different types of billboard advertising in public areas and the advertising of new product and service.

Article 4.State’s Policy on Consumer Protection

The State encourages the consumer protection by defining the regulations and laws, providing educations, recruiting the personnel, allocating the budget, providing the materials to an organization which is responsible for carrying out the consumer protection activities in order to create the conditions supporting the organization to perform its activities effectively, ensuring the safety of the life, health, property, legal rights and benefits of the consumers.

The State encourages all sectors in society, individuals, legal entities, and domestic and foreign organizations to contribute to the consumer protection activities.

Article 5.Basic Principles of Consumer Protection

The consumer protection shall be conducted based on the following principles:

  1.  The consumer protection [shall be] conducted in parallel with the promotion of the domestic production; ensured the quality, and the standards of the production, import, distribution of goods and services as regulated by the  relevant organizations;
  2. Ensuring of the safety of life, heath, property, [protection of] legitimate rights and interests of the consumer, maintaining of the environment and promotion of the sustainable consumption;  
  3. Ensuring of the equality, transparency, fairness between the consumers and suppliers in performance of the contracts;
  4. Ensuring of the people and society’s participation in administration, monitoring, inspection of the prices, label and billboard advertising of goods and services; 
  5. Respect and implement the agreements, international conventions that the Lao PDR is a party to.

Article 6.Duty to Perform the Consumer Protection

Lao citizens, foreign residents, apatrids residing in the Lao PDR have duty to respect, implement this law and other relevant laws, including the facilitation, providing of the information and cooperation with the consumer protection officers while they are performing their functions and duties.

Article 7.Scope of Application of Law

This law applies to individuals, legal entities including the domestic and foreign organization that produce, import, sell, and distribute the goods and services which are licensed and registered their business entities; and the consumers in Lao PDR.

For those suppliers that not registered their business entities are applied by other law.

Article 8.International Cooperation

The State promotes the international relation and cooperation in relation to the protection of rights and benefits of consumer by exchanging lessons, information, sciences, technology and trainings, upgrading the technical capacity in order to perform those activities effectively and implement the international agreements and conventions which the Lao PDR is the party to.

 

Part II
Consumer Protection

Chapter 1
Types of Consumer Protection

Article 9.Types of Consumer Protection

Consumer Protection is categorized into two types as follows:

- The protection of consumption of goods;

- The protection of consumption of services.

Article 10.The Protection of Consumption of Goods

The protection of consumption of goods means use of the measures to unable the consumers to utilize the quality and standard goods as defined by the relevant organizations, without negative impacts on life, health, property, legitimate rights and interests of the consumers and environment.

Article 11.The Protection of Consumption of Services

The protection of consumption of goods means use of the measures to unable the consumers to be rendered the quality and standard services as defined by the relevant organizations and sound fair.

 

Chapter 2
Production, Import, Selling of Goods and Services

Article 12.Production of Goods

Production of goods must conduct in accordance with the criteria, standards and principles strictly as define by the relevant sectors in order to avoid the contamination, danger of the improperly production of goods, aims at ensuring of safety of the life, health, property, rights, benefits of the consumers and environment.

Article 13.Import, Selling, Distribution of Goods and Services

Import, selling, and distribution of goods and rendering of services must comply with the requirements, standards and approval by the relevant sectors in accordance with the laws strictly in order to ensure the quality, safety, quick, reasonable price and without unfair treatment to consumers.

 

Chapter 3
Advertising

Article 14.Advertising

The advertising must conducted in the following principles:

- ensuring that the context of advertisement is precisely, presenting the true on the category, type, characteristics, quality of the goods, trademarks and services;

- ensuring the providing of sufficient information about the goods and services;

- ensuring that the advertisement shall not satirize, look down the goods and services of others.

The advertisement can be conducted in all forms such as billboard advertising, through the media.

Article 15.Permission for Advertisement

An individual, entity and organization intending to advertise the goods and service must seek the approval from the committee for consumer protection in accordance with the laws.

The contents and contexts of the advertisement on goods and service shall be in accordance with the regulations and laws as provides for by the relevant sectors.

Article 16.Modification of Advertising

Where it deems that any advertising is untrue bringing impact on the benefits of the consumers the relevant officers for consumer protection must notify the supplier who is conducting that advertisement to stop the advertising and modify the statement of advertising to be accurate prior continuation of such advertisement.

Article 17.Access to Information

In order to facilitate the consumers to access to information, acknowledge, and understand about the goods and services that are dangerous, the consumer protection organization or suppliers must inform such information in various forms through the media, billboard advertising as follows:

  1. Inform about the risks that are harmful to life and heath in consumption of the goods and services;
  2. Inform the types of goods and services which are under testing or re-testing to certify the quality, standard of the goods and services, after receipt of the results of the testing and examination, the consumers must be informed about that results.
  3. After the distributions of the goods and services, if the suppliers have information about the dangerous of the goods, the suppliers must inform the relevant consumer protection organizations promptly and also propose  the appropriate measures to be taken.

Expenses on the examination, re-testing of the goods and services, the notification about the dangerous of the goods and services through media and billboard advertising are under responsibilities of the suppliers.

 

Chapter 4
Labels and Contracts

Article 18.Label controlled goods

The goods which are manufactured for sale in the country and imported for sell and consumption in the Lao PDR must be label controlled goods particularly the goods that have risks to life, health and safety of the consumers.

Article 19.Descriptions of Label 

The label of a label controlled goods must be in Lao language. For the imported goods, the label in Lao Language must be also affixed.

The label controlled goods must contain of the following descriptions:

  1. the type or kind of goods;
  2. the name or trademark of the manufacturer or the importer for sale;
  3. the place of manufacturing or place of operating import business; in case of imported goods, the name of the manufacturing country.
  4. the price, quantity, volume, recommendation for use, warning, produced and expired date.

Article 20.Modification of Label controlled goods

If it is deemed that any goods is not labelled or its descriptions of label is incorrect and insufficient as its benefits and characteristic of that good the officers for consumer protection must inform the supplier to suspend its import, distribution and modify the label correctly and accordingly prior continuation of import and distribution.

Article 21.Contract

In the course of the business activities on any type of goods and services, the suppliers and consumers must conclude the contracts in accordance with the law on the contractual and non-contractual obligations and must perform the contracts fully, accordingly and timely.

Part III
Administrative Organizations for Consumer Protection

Chapter 1
Administrative Organizations for Consumer Protection

Article 22.Administrative Organizations for Consumer Protection

The governmental administrative organizations for consumer protection from the central to the local levels comprise of the key sectors as follows:

  1. The Ministry of Industry and Commerce;
  2. The Ministry of Health;
  3. The Ministry of Forestry and Agriculture;
  4. The Science and Technology Administration.

The organization structures and the personnel of the organization for consumer protection are regulated in the special regulation separately.

Article 23.Industry and Commerce Sector

In the course of implementing the consumer protection activities, the industry and commerce sector has the centrally leading role to coordinate and cooperate with the relevant sectors and has responsibility focusing on the industrial and commercial fields related to the manufacturing, marketing, price and services including but not limited to other fields that are under responsibilities of other sectors.

Article 24.Heath Sector

In the course of implementing the consumer protection activities, the health sector has responsibility focusing on the health care and treatment fields related to the foods and medicines, medical equipment and services in health care and treatment.

Article 25.Forestry and Agriculture Sector

In the course of implementing the consumer protection activities, the forestry and agriculture sector has responsibility to focus on the forestry and agriculture fields related to the fertilizers manufacturing, and using of the chemical substances in the agriculture, using of the chemical insecticide, animal medicines, foods, agricultural products, seeds, breeding, agricultural equipment and machinery.

Article 26.Science and Technology Sector

In the course of implementing the consumer protection activities, the science and technology sector has responsibility to focus on the scientific activities, technology, quality, standards, measures, weight, and intellectual property.

Article 27.Rights and Duties of the Organizations for Consumer Protection

The administrative organizations for consumer protection have the following rights and duties:

  1. To implement the policies and regulations on the consumer protection accordingly and strictly;
  2. To settle the disputes between the consumers and suppliers, provide the counselling on the legal matters related to the consumer protection;
  3. To examine the contents and forms of the advertising, label, packaging, measures and prices on goods that manufacture, import, and distribute in the markets;
  4. To examine the certificates on the quality, standards of goods and services, enterprise registrations, and other relevant documents on the goods and services;
  5. To collect the samples of the products or goods or objects imported for manufacturing, trading, and services for examinations;
  6. To seize or freeze goods, parcels, or packages of goods, label or other incorrect documents, and make the records as evidence for further legal proceeding;
  7. To inspect the place, premises, buildings that are involved in production process, manufacturing or improvement of products and goods, sell places, shops, stores and services places;
  8. To interview individuals, representatives, legal entities or organizations on quality, standards of goods and services, and environment;
  9. To propose to withdraw the licenses, or certificates, enterprise registration or any relevant document related to the goods and services if it is deems that there is violation of laws as under the organization’s responsibility;
  10. To cooperate and coordinate with each other, with relevant organisations, local administrations at all levels in implementing of the consumer protection activities;
  11. To cooperation, coordinate with foreign countries on the consumer protection activities as assigned by the their supreme bodies;
  12. To summarize, evaluate and report the implementation of consumer protection to their supreme bodies regularly.

Article 28.Other Sectors

In the implementing the consumer protection activities, the other sectors have their responsibilities to implement the law in accordance with their functions, rights and duties.

Article 29.Consumer Protection Officers

Consumer protection officers are the governmental personnel which are appointed by the ministers of relevant organizations for consumer protection.

The function, rights and duties of the consumer protection officers are defined in special regulation separately.

 

Chapter 2
Consumer Protection Association

Article 30.Functions and Roles of Consumer Protection Association

The consumer protection association is the civil and non-profitable organization created by law, has the functions and roles to assist, provide the advices, and suggestions and protect the legitimate rights and interests of the consumers.

The organization and activities of the consumer protection association are defined separately.

Article 31.Rights and Obligations of Consumer Protection Association

The consumer protection association has the following rights and obligations:

  1. To receive, study, consider the requests by the consumers and organize the settlement of disputes between the consumers and suppliers;
  2. To be the representatives of the consumers in the settlement of disputes and file claims against the suppliers;
  3. To request to the administrative organizations for consumer protection about the violations of laws by the suppliers;
  4. To present about the impropriate acts of the consumer protection officers to the responsible organizations for consumer protection;
  5. To express the views to the organizations for consumer protection about the measures and the creation of the laws and regulations on the consumer protection;
  6. To advice, assist the consumers where they have the issues on consumption of goods and services and ensure the transparency and fairness when it represents as representatives of consumer in the course of settlement of disputes;
  7. To perform other rights and obligations in accordance with the laws and regulations and as assigned by the relevant governmental organizations.

 

Part IV
Rights and Responsibilities of Consumers and Suppliers

Chapter 1
Rights and Responsibilities of Consumers

Article 32.Rights of Consumers

The consumer shall have the following rights:

  1. To choose goods and services at its own will, and make decision by itself to buy goods or obtain service;
  2. To receive clear information and directions about the quality, price, location of manufacture, name of producer, usage, the special feature, content, manufactured and expired dates, dosage, certificate of approval of use, manual, service after sell or terms of service and other relevant costs in relating to the goods and services after sell or render of services;
  3. To be guaranteed the safety to health, environment in consumption the goods and services;
  4. To claim for compensation to relevant organizations about the goods and service those are under standard quality and incorrect in terms of standard and have impact on life, heath, and property.
  5. To present to the organizations of consumer protection the suggestion about the prohibited goods and service, which is manufactured, prohibited business activities; counterfeit goods, services that are under-standard quality; incorrect quantity goods and the incorrect or unreal information about goods and services, the damage to environment;

Article 33.Responsibilities of Consumers

                        The consumer has the following responsibilities:

  1. To pay for goods and services in Lao currency (LAK);
  2. To use the goods and services in accordance with instructions or manuals properly;
  3. To report on the goods and services that are under standards and quality to the relevant organizations.

 

Chapter 2
Rights and Responsibilities of Suppliers

Article 34.Rights of Suppliers

The suppliers have the following rights:

  1. To conduct business activities, manufacture, conduct business and  render services;
  2. To determine and show the prices of goods and services in Lao currency;
  3. To advertise the quality of goods and services precisely and accurately;
  4. To request, propose on the consumer protection activities and the violation of their intellectual property and services to the relevant organizations for consumer protection.

Article 35.Responsibilities of Suppliers

The Suppliers have the following responsibilities:

  1. To ensure the standard, quality of goods and services are correct in accordance with the regulations and laws;
  2. To ensure that the manufacturing, import, distributions, and sell of goods and services do not over standard that will bring negative impact to environment;
  3. To ensure that the provided the information about goods or services to the consumer are correct and clear;
  4. To be responsibility for the damages causing by using of the products, goods, and services that are not qualified and unstandardized and supplied by them.
  5. To perform the contracts with consumers strictly and label goods as provide for in the laws and regulations accordingly;
  6. To provide the cooperation and information about the goods and services to relevant officers.

 

Part V
Settlement of Disputes between the consumers and suppliers

Chapter 1
Settlement of Disputes

 

Article 36.Principles of Settlement of Disputes

The settlement of consumer protection disputes must be applied the principles as follows:

- Correctly and in accordantly on the regulations and laws;

- Equality;

- Transparency and fairness;

- Speedy.

Article 37.Means of Settlement of Disputes

The disputes between the consumer and supplier can be settled through any of the following means:

  1. Conciliation;
  2. Mediation;
  3. Administrative mean by the organizations for consumer protection ;
  4. Settlement of disputes by the Organization of Economic Dispute Settlement or through the formal judicial process by people courts.

 

Chapter 2
Conciliations

Article 38.Conciliations

In case there is a dispute between the consumers and suppliers, the parties to dispute shall endeavour to resolve that dispute through the consultations and conciliations in accordance with the following steps:

  1. If it is deems that rights and interests have been violated, damaged due to the consumption of goods and service, the consumers have rights claim against or request the compensations directly from the suppliers, individuals or legal entities which received the goods and services from the suppliers;
  2. The suppliers shall respond the claims or requests by the consumers at least no later than three days after receipt such claims or requests;
  3. The supplier shall solve the disputes in appropriate time but not later than seven days after receipt the claims or requests;
  4. The consumers have rights to use other means of settlement of disputes when the conciliation has fail.

Article 39.Records of Conciliations

            The consumers and suppliers must make the records of the conciliation in writing, unless agreed otherwise.

            A party to dispute has obligations to perform in accordance with the records or agreements in the course of such conciliation.

 

Chapter 3
Mediations

Article 40.Mediations

When there is a dispute between the consumers and suppliers, the party to dispute has right to purpose:

  1. To choose an individual or organization which is accepted by both parties to disputes to conduct the mediation;
  2. To medicate in accordance with the regulations and laws.

Article 41.Principles of Mediations

The mediations must undertake in accordance with the following principles:

  1. ensuring that the equality, transparency, subjective, fairness without duress and deception;
  2. ensuring that the confidentiality of the information of each party, unless agreed or the provisions of laws otherwise;
  3. ensuring that no mediation on illegal matters.

Article 42.Mediation Units

The organizations for consumer protection shall establish the mediation units which comprise of three to five personnel and have duties to mediate the disputes between the consumers and suppliers under their responsibilities.

The consumer protection association can also conduct the mediation if agreed by the consumers and suppliers as the party to dispute.

Article 43.Timelines of Mediations

The mediation shall undertake the following timelines:

  1. during seven days after receipt of the request to mediation, the mediation units must notify the parties to disputes to mediate;
  2. duration of mediation is subject to agreement by the parties to disputes which must make such agreement within one month after receiving of the notice to mediation;
  3. The party to disputes can withdraw from the mediation any time but must give the written notice to the mediation units.

Article 44.The Contents of the Mediation Records/Agreement

The records of the mediations must have the following substantive contents:

  1. Names and Surnames of the parties to disputes;
  2. The information of the disputes to mediate;
  3. Name of Surname (s) of the mediator (s) and participants;
  4. Date, and place of mediations;
  5. Outcomes of mediations;
  6. Terms to implement the agreements;
  7. Signatures and fingerprints of the parties to disputes;
  8. Signature (s) of the mediator (s).

Article 45.Implementation of Mediation Agreements

The mediation agreement must be implemented as follows:

  1. The parties to dispute must voluntarily implement the mediation agreement, unless in case that there is an appeal against such agreement with sufficient grounds;
  2. In case that a party to dispute does not implement the mediation agreement voluntarily without grounds, another party to dispute can have right to request to the organizations for consumer protection for consideration.

Article 46.Procedure to Implement the Mediation Agreements

The mediation agreement must be conducted as follows:

  1. The mediation units must send the mediation records to the relevant organizations for consumer protection within three official working days;
  2. Within five official working days from receiving of the mediation agreement, the organization for consumer protection must give notice and warn the parties to dispute must to implement such mediation agreement;
  3. In case of a party to dispute who has obligations under the agreement, had not performed such obligations, the organization for consumer protection has right to request to the competent authority for any measure to be taken in accordance with the laws.

Article 47.Cancellation of the Mediation Agreement

When it is deems that the mediation is violated the principles as provided for in Article 41 of this law and this makes a party to dispute loose its benefits, such party to dispute has right to request on cancellation of mediation agreement to relevant organizations for consumer protection.

Within five days from receiving of the request on cancellation of mediation agreement, the organization for consumer protection must make its decision to cancel or not cancel that mediation agreement and inform its reasons to the parties to dispute.

 

Chapter 4
Administrative Means by the Organizations for Consumer Protection

Article 48.Administrative Means

When there is a dispute between the consumers and suppliers, the party to dispute has right to request to the organizations for consumer protection or relevant sectors to consider the settlement of dispute through the administrative means in accordance with regulations and laws.

Article 49.The Procedure for the Submissions of Requests

The submissions of the requests for the settlement of disputes through the administration means must undertake in the following procedure:

  1. The consumers can submit their requests to the organizations for consumer protection in their localities;
  2. The consumers have duty to provide the documents, evidence as follows:

- Evidence on the selling-buying with suppliers;

- Evidence on act showing that suppliers have breached the contracts;

            The damaged suppliers also have right to submit the requests.

Article 50.Timelines of Address of Requests by Consumers

The timelines for address of requests by the consumers are as follows:

  1. within ten official working days from the receiving of the requests by the consumers the organization for consumer protection must invite the suppliers to respond the requests by consumers;
  2. The suppliers must respond such requests not later than seven days of the receipt of the invitation from the organization for consumer protection.
  3. Within no later than thirty days of receipt of the respond from the suppliers  the organization for consumer protection must issue its decision to solve the requests;
  4. In case if it deems necessary the organization for consumer protection may invite the parties to disputes to provide further explanations or invite the relevant sectors or experts to participate in the solving of the dispute.

Article 51.Scope of Authority to Solve the Requests

The organizations for consumer protection have the power to consider the following requests:

  1. the organization for consumer protection at district level have the power to consider the requests on the goods and services with total values below one hundred million LAK;
  2. the organization for consumer protection at provincial level have the power to consider the requests on the goods and services with total values above one hundred million LAK.

Article 52.The Decisions

The decisions on the requests in the case that the suppliers breach the contracts can be rendered as follows:

  1. To order the suppliers to perform their obligations in accordance with contracts;
  2. To order the suppliers to compensate to the consumers;
  3. To order the suppliers to maintain the impacts on the consumers;      

            The decisions on the requests in the case that the suppliers have not breached the contracts shall be rendered to adopt such requests.

            The decisions by the suppliers shall be rendered in the same principles as mention above.

 

Chapter 5
Settlements of Disputes by the Organization of Economic

Disputes Settlement or by the People’s Courts

 

Article 53.Settlement of Disputes by the Organization of Economic Disputes Settlement

When there is a dispute between the consumers and suppliers, the party to dispute has right to request to the organization of economic disputes settlement to resolve the dispute in accordance with the laws and mutual agreement by the parties to dispute.

Article 54.Settlement of Disputes by the People’s Courts

When there is a dispute between the consumers and suppliers, the party to dispute has right to bring the legal action to the people’s court for consideration and adjudication by laws.

Article 55.Settlement of Disputes related to Private International Laws

The disputes on the consumer protection that have the public international law’s elements shall be settled in accordance with the laws of the Lao PDR or the agreements or the conventions which the Lao PDR is a Party to.

 

Part VI
Prohibitions

Article 56.Prohibitions on Officers or Personnel

The consumer protection officers or personnel are prohibited to act as follows:

  1. To perform their duties for the consumers unfairly, bias, and illegally;
  2. To abuse of their powers, positions, and of their position for their individual interests, take bribes related to the consumer protection activities;
  3. To falsify or use falsified documents, disclose the confidential information, delay or destroy the concerning documents related to the goods and services;
  4. Any other prohibited act as define in the laws related to the consumer protections.

Article 57.Prohibitions on Consumers

The consumers are prohibited to act as follows:

  1. To promote the unqualified and non-standardized goods or services;
  2. To discredit the reputations of suppliers on the goods and services or omit any act causing the damage to the suppliers;
  3. To perform the contracts improperly and not fully;
  4. To ignore the violations of laws by the officers, personnel or suppliers;
  5. To utilized the goods and services that are harmful to the environment; violate the laws and regulations; bring impact on the fine traditions and customs; that are harmful to the life, heath, and property of others and society;
  6. To use the foreign currencies to pay for goods and services without permission;
  7. Any other prohibited act as define in the laws.

Article 58.Prohibitions on suppliers

 The suppliers are prohibited to act as follows:

  1. To manufacture, import, distribute the unqualified and non-standardized, counterfeit, and prohibited goods;
  2. To render the unqualified and non-standardized goods and violate the laws and regulations and fine traditions;
  3. To perform the contract with the consumers improperly and not full;
  4. To supply the goods that increase the pollutions over the standard lines, cause the damage to the life, health, and property of the consumers;
  5. To advertise or provide unreal or incorrect information on goods and services;
  6. To falsify or use the falsified documents on the goods and services;
  7. To invent falsehood, deceive, offer bribes due to illegal supplying of goods and services;
  8. To place stickers, show the prices and receive the payments for goods and services in foreign currencies;
  9. Any other prohibited act as define in the laws related to the consumer protections.

Article 59.Prohibitions on Individuals and Organizations

The individuals and organizations are prohibited to act as follows:

  1. To create the obstacles, intervene the consumer protection activities by the suppliers;
  2. To propaganda the incorrect information about the quality, standard of the goods and services causing misunderstanding or discrediting the suppliers;
  3. To assist, protect the suppliers who violate the laws and regulations;
  4. To abuse, frighten, create the obstacles the performing of duties of the consumer protection officers;
  5. To be the intermediaries for offering and receiving of bribes related to the consumer protections;
  6. Any other prohibited act as define in the laws.

 

Part VII
Administration and Inspection on Consumer Protection Activities

Chapter 1
Administration of Consumer Protection Activities

 

Article 60.Organizations for Administration of Consumer Protection Activities

The Government uniformly administrates the consumer protection activities throughout the country and delegates the Ministry of Industry and Commerce to be the central authority to coordinate and cooperate with the Ministry of Health, the Ministry of Agriculture and Forestry, the National Science and Technology Administration, and other relevant sectors and the local administrations.

The organizations for administration of consumer protection activities are the same organizations for consumer protection as provide for in Article 22 of this law.

Article 61.Rights and Duties of the Organizations for Administration of Consumer Protection Activities

The organizations for administration of the consumer protection activities have the following rights and duties:

  1. To study and formulate the policies, laws and regulations, the strategic plans and programmes on consumer protection and submit to the Government for consideration and approval;
  2. To disseminate, propaganda the policies, laws and regulations, the strategic plans and programmes on consumer protection to the society under their responsibilities;
  3. To issue the regulations, decisions, instructions, recommendations and notices related to consumer protection;
  4. To coordinate with other relevant organizations and the local administrations in order to supervise and follow up the implementation of the consumer protections in accordance with their responsibilities;
  5. To suspend, change, and cancel the appointments, instructions, orders, guidelines, notices that are in conflict with laws and regulations on consumer protections in accordance with their responsibilities and duties;
  6. To propose to establish or the dissolve and follow up and administrate the consumer protection association;
  7. To create, provide the trainings, upgrade the knowledge and capacity of personnel; to appoint or dismiss the officers for consumer protection in their sectors;
  8. To receive the complains by the consumers and to address such issues within its scope of responsibilities or refer them to other relevant authorities for settlement as stipulate in the relevant laws;
  9. To provide the cooperation with the international organization and foreign countries in accordance with its rights and duties;
  10. To report on the implementation of policies and laws on protection of consumer regularly to the Government.

 

Chapter 2
Inspection on Consumer Protection

Article 62.Inspection Agencies for Consumer Protection

The inspection agencies for consumer protection consist of:

  1. Internal inspection agencies are the same organizations for administration of consumer protections as provide for in Article 60 of this law.
  2. External inspection agencies are the National Assembly and the State Supervision and Inspection Administration which have rights and duties to inspect the consumer protection activities within their roles and responsibilities under the relevant laws.

Article 63.The Substantive Inspection

The substantive inspections on consumer protection are as follows:

  1. Monitoring the implementation of policies and laws and regulations on the consumer protection;
  2. Reviewing the structures and activities of the organizations for consumer protections;
  3. Monitoring the activities, responsibilities, acts, and works of the officers for consumer protections.

Article 64.Forms of Inspection

Inspection on consumer protection is undertaken in compliance with the following forms:

  1. Regular inspection;
  2. Inspection by advance notice;
  3. Emergency inspection.

Regular inspection refers to an inspection performed regularly according to plans and at pre-determined times and shall take at least two times per an annual;

Inspection by advance notice refers to an inspection which is not included in the plan, which is performed when deemed necessary and for which advance notice is given at least twenty four hours.

Emergency inspection refers to a sudden inspection without advance notice to the person to be inspected.

Inspection can be conducted to view and inspect the documents and performance and conduct in the field.

 

Part VIII
Policies Forward Persons With Outstanding Achievement
and Measures Against Violators

Article 65.Policies Forward Persons with Outstanding Achievement

Persons or organizations that are role models of active and effective participation in the implementation of this law will receive rewards or be granted policies as determined in detail by the government.

Article 66.Measures Against Violators

Persons or organizations violating this law or regulations on consumer protection shall be re-educated, disciplines, fined, civil or penal according to the nature of the violation.

Article 67.Re-education Measures

Individuals or organizations intentionally violating this law or regulations on consumer protection particularly the minor prohibition provisions and at first will be subject to re-educated measure.

Article 68.Disciplines Measure

The civil servants or public officers, which have violated any of the provisions of the law and regulation on consumer protection and prohibitions [under this law] as minor offender, which is not the criminal offence; and cause the damage but had not reported, or attempted to escape of wrong doing; will be imposed any of following as determined on case by case basis:

  1. Being warned about the violation in accordance with the regulations on civil servants and remark such offence in their biographic record;
  2. Suspension of the promotion on position, salary grade, and praise;
  3. Demotion or Reposition from current position to a position at lower level;
  4. Dismissal from office without any incentive or benefit;

An individual who had been imposed the said disciplines must return any property that acquired offensively to the organization properly and completely.

Article 69.Fines

Individuals or organizations that are violated the law on consumer protection particularly violated non-criminal offence, and after had received warnings up to two times will be fined depending on the seriousness or natures of violation which are defined in separate regulation.

Article 70.Civil Measures

Individuals or organizations causing the damages to other people by supplied goods or services that are unqualified, under standard and other forms of civil matters must pay the compensation for damages caused.

Article 71.Penal Measures

An individual who had forced, abused of power, position, duties, and rights; received or offered bribes, adjusted the weight scales or measures equipment, falsify the documents, used the falsified documents, disclosed the confidential information for the individual benefits, manufactured, sold and distributed the prohibited goods and services that create the pollutions harmful to the environment seriously, to lives, and health, and properties of people greatly, and other acts related to the consumer protection that are criminal offences shall be subject to punishments in accordance with the penal law.

Article 72.Additional Measures

In addition to the measures as provide for in Articles 71 of this law, the violator of law may be subject to additional measures including order to suspension or cease of license, enterprise registration, and other certificates, nationalization of property or the profits gaining from the offences.

 

Part IX
Final Provisions

Article 73.Implementation

The government of the Lao People's Democratic Republic is to implement this law.

Article 74.Effectiveness

This law shall become effective after ninety days from the date of the promulgating decree of the President of the Lao People's Democratic Republic.

Any provisions that contradict this law are repealed.

 

 

President of the National Assembly

 



Download English:Consumer Protection Law No. 02/NA, dated 30 June 2010

Download Lao:Consumer Protection Law No. 02/NA, dated 30 June 2010