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The Ministry of Justice assesses the Draft Law on Protection of Consumer’s Right (amended)

29/04/2022 - The Ministry of Justice assesses the Draft Law on Protection of Consumer’s Right (amended)

On 28 April, 2022, at headquarter of The Ministry of Justice, The Ministry of Justice held a meeting and gave appraisal opinions on the dossier of the Law on Protection of Consumer’s Right.

The meeting was chaired by a representative of the Ministry of Justice, with the participation of more than 20 representatives from central ministries and agencies, the business community (Vietnam Federation of Trade and Industry_VCCI), the Union Vietnam Bar Association, a number of related social and professional organizations (Vietnam Consumer Protection Association_Vicopro, Vietnam E-commerce Association_Vecom) and representatives of the Drafting Committee, Editorial Team The Law on Protection of Consumer Rights.

Representative of the agency in charge of developing the Law on Protection of Consumer Rights (amended), Deputy Minister of Industry and Trade Nguyen Sinh Nhat Tan, and also the Deputy Head of the Drafting Committee of this Law Project attended and summarized the development process as well as some new contents in the draft Law. Deputy Minister Nguyen Sinh Nhat Tan said:

On the basis of summarizing the enforcement of the consumer protection law in the period before 2020, the Ministry of Industry and Trade has developed a dossier to propose the development of the Law on Protection of Consumer’s Right (amended) in accordance with the procedures of the Law on Promulgation of Legal Documents. On May 6, 2021, the Government issued Resolution No. 48/NQ-CP on the regular Government meeting in April 2021. The Government agreed with the proposal to develop a Law on Protection of Consumer’s Right (amended) with 07 major policy groups. On July 27, 2021, the National Assembly issued Resolution No. 17/2021/QH15 on the 2022 law and ordinance development program, adjusting the 2021 law and ordinance development program. Accordingly, the Ministry of Industry and Trade was assigned to be the agency in charge of drafting the Law on Protection of Consumer’s Right (amended).

Over the past time, the Ministry of Industry and Trade has actively coordinated with units inside and outside the Ministry to carry out related activities, ensure the quality, progress and procedures for building the amended Law in accordance with current regulations. Specifically, in order to seek advice and direction in the process of developing the Law Project, the Ministry of Industry and Trade held many meetings of the Drafting Board and the Editorial Team. Through these meetings, the Drafting Committee agreed on the plan, content and orientation for the development of the Law Project, and at the same time, gave opinions to complete the Law Project dossier, prepare for the operation. consult relevant agencies, organizations and individuals.

The consultation activities are carried out in accordance with the provisions of the Law on Promulgation of Legal Documents, in both face-to-face and online forms, ensuring access to all agencies, organizations and individuals relevant, such as the Ministry of Industry and Trade has posted publicly on the portal, consulted the People's Committees of the provinces and cities; publicly posted on e-commerce floor applications; organize seminars to consult relevant subjects; organize research to build reference documents of international experience; Up to now, the Drafting Board has recorded and summarized the opinions of 21/30 ministries, ministerial-level agencies and agencies attached to the Government; 54/63 People's Committees of provinces and cities; Consumer Protection Associations in Vietnam, 12 companies and law offices.

The draft Law on Consumer Protection (amended) currently has 7 Chapters and 80 Articles. Compared with the 2010 Law, the Draft Law now has a number of amendments and supplements as follows:

- In terms of quantity: The Draft Law increases 01 chapter, keeps 08 articles, amends 43 Articles and adds 29 new articles.

- Regarding the content: the terms are amended and supplemented on the basis of reviewing and evaluating, ensuring the consistency with current legal provisions, in accordance with practical requirements, compatible with the provisions of law. International conventions to which Vietnam participates and adheres to 07 Policy groups approved in the Dossier of application for the development of the Law on Protection of Consumer Rights (amended).

After listening to the summary report of the representative of the agency in charge of drafting, the representative of the Ministry of Justice and the members of the appraisal council asked questions and gave their opinions on the law project file. Council members recognized and highly appreciated the efforts of the lead agency to ensure the correct implementation of the order and procedures of the Law on Promulgation of Legal Documents in the elaboration of this Law Project. Editorial Board. The Ministry of Justice has commented on the appraisal, in turn focusing on the following issues (according to Article 5 of the 2015 promulgation of legal documents):

- The suitability of the content of the draft document with the purposes, requirements, scope of regulation and policies in the approved law/ordinance formulation proposal;

- The constitutionality, legitimacy and consistency of the draft document with the legal system; compatibility with relevant international treaties to which the Socialist Republic of Vietnam is a contracting party;

- The necessity, rationality and cost of complying with administrative procedures in the draft document, if there are administrative procedures in the draft document;

- Conditions for ensuring human and financial resources to ensure the implementation of legal documents;

- The mainstreaming of gender equality issues in the draft document, if the draft document contains provisions related to gender equality issues;

- Language, techniques and order and procedures for drafting documents.

On that basis, Mr. Trinh Anh Tuan, Deputy Director of Vietnam Competition and Consumer Authority (VCCA), Head of the Editorial Team, gave specific explanations and explanations for questions and issues. the question asked by the appraisal board. At the same time, the Editorial Team promised to seriously absorb the comments of the appraisal council; continue to study, review and amend the draft Law in order to ensure the consistency, suitability, and avoid anti-crossing in the system of legal documents; soon complete the dossier of the Law on Consumer Protection for the Ministry of Justice for comments before submitting it to the Government (in early June 2022), submitting it to the National Assembly for consideration at the October 2022 meeting, and approving it. passed at the May 2023 meeting.

Source: Division of Consumer Protection

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