The Consumer Problem and the Protection of consumers in Vietnam By DO GIA PHAN Vietnam Standard and Consumers Association (VINASTAS) 7/16/2016 The consumer problems and protection in VIetnam 1 Characteristics of the Vietnamese market and Vietnamese Consumer • Before 1986 - Centralized planning system – State monopoly – Almost no market transaction – No concept of Consumer. • After 1986 - Market system – Step by step decentralized – Market more boiling – People’s living standard improved Characteristics of the Vietnamese market and Vietnamese Consumer • Up to now: • • • • • • • State monopoly remains in many sectors Little choice for consumer Insufficient and weak enforcement of legislation, regulations Lack of consumer awareness Fake and imitated goods increasing Low quality goods Misleading advertising • Consumer problems - Consumer protection Characteristics of the Vietnamese Consumer • Low purchase capacity. • Lack of real information on goods and services leads to false decision. • Low level of consumption knowledge and skill leads to inadequate choice. • Not fully aware of consumer’s rights and responsibitities (hesitate to engage in struggle against unfair practices, don’t know how to do in case of loss). Consumer related legislation • • • • • • • • • • • Vietnam 1992 Constitution (1992). Civil Code (1995). Penal Code (1999). Commerce Law (1997, amended 2005). Competition Law (2005). Ordinance On Consumer Protection (1999). Ordinance On Quality (1999). Ordinance On Measuring (1999). Ordinance On Advertisement (2001). Ordinance On Pricing (2002). Ordinance On Food Safety and Hygiene (2003) Consumer Protection – Ordinance on Consumer Protection Approved and promulgated in 1999 • Rights of Consumer. • Responsibility of all the society. • Only general principles. – Competition Law. • Took effect from 1 July 2005. • Regulates anti-competition practices to protect consumer. – State management of consumer affairs • 2001-2004 assigned to MOSTE • 2004 - assigned to MOT (Competition Administration). Consumer organizations in Vietnam – VINASTAS founded in 1988, voluntary, not-for-profit, no subsidiary from the government, allsided consumer protection activities carried out throughout the country. – 26 consumer organizations in provinces and cities – Subordinated organizations of VINASTAS: • • • • • • Quality Club Club of Women Consumers Anti fake goods Club Newsmen Club The magazine The Consumer Consumer Complaint Bureau Symbol of VINASTAS • Opened Eye : Lucidity and Vigilance of Consumer • Spiral: Consumer Movement Development • Q: Quality • Sine wave: Science and Technique Basis. Consumer Protection main activities • • • • • • Drafting the Ordinance on Consumer Protection Promotion of the 8 rights of Consumer Engaging in consumer related policies making Consumer education Consumer Information Campaigns against low quality goods, fake goods and smuggled goods • Complaint handling. • Expansion of local consumer organizations • Cooperation with local and foreign organizations on consumer issues Consumer Information and Education • Main contents: – – – – – – 8 rights of consumer Awareness of consumer position Concern in the protection of consumer To become intelligent and skillful consumer Responsibility to the society Self defend of consumer interests. Consumer Information and Education • Main vehicles • • • • Mass media The magazine The Consumer Seminars and workshops Training courses (how to strengthen consumer movement, tobacco control, energy conservation…) • Informational, educational Fairs and Exhibitions (organized every year) • Mutual education in Clubs • Publications, Brochures, stickers... Consumer Representation • • • • Represent in policy, law making process Comment to legal papers Contribution to pricing (Post, benzene, electricity…) Testing of consumer goods (benzene, electric wire, foods..., using outside or corporate labs) • Consumer complaint handling – Consumer complaint bureau – Conciliatory mediation – No small court Surveys and Projects • Surveys – – – – What do consumer needs? Tobacco smoking Energy consumption and conservation... Goods labeling • Projects – – – – – – – Measures to protect consumer in Vietnam Protect consumer in Electronic commerce Energy conservation among consumer Energy efficiency standard and labeling Tobacco control Street foods hygiene and safety Quality management... Women Consumers Club • • • • • Founded in 1998 No subsidiary from outside Women, the main group of consumers Involved 800 members (in Hanoi) Meets every 2 months – – – – – – Nutrition Breast feeding Foods Hygiene and Safety Gynecological diseases Dressing Fashion… • Some Women consumer clubs established in provinces and cities Quality club • • • • • • Founded in 1993 (12 years) How to make better quality for consumers. Quality management systems. Involves 80 experts and businesses Cost covered by members Meets every month (More than 130 meetings) – Education on Quality Management (ISO 9000, TQM, HACCP…) – Information and training. Club of Newsmen for the Protection of Consumer • Efficient Tool for consumer education and information • Meeting every 3-4 months – Exchange of Important issues on the protection of consumers – Informed on consumer protection activities – Campaigns for the interests of consumers – Inform and educate consumers. Anti fake goods Club • • • • Founded in 2000. Involved 40 enterprises and experts. Meeting every 2 months. Alliance to struggle against production and distribution of imitated and fake goods, to protect consumers and fair enterprises. • Education and promotion of industrial property, development of trade mark. • Exchange of experiences and knowledge.. Consumers Complaint bureau • • • • • • Established in 1994 by VINASTAS. Handle consumers complaints. Mainly settle by concilliatory mediation. No subsidiary from the government. No complaint fee collected. About 500 complaints setled every year (from automobile to candies). • Many consumers ccomplaint bureaus in provinces and cities. The magazine The Consumer • First number issued in 1991. • 48 page, issued 2 times every month (half monthly) in Vietnamese. • Foster consumer awareness on their rights and reponsibilities. • Give guidances to consumers on goods and services. • Struggle against unfair trade practices. • Self-financed, no subsidiary from the government. Cooperation with other organizations • Constant relation with government related organizations (competition, market management, food hygiene and safety, laboratories…) • With Mass organizations – – – – Youth association Labor Confederation Women Union Farmers Association… • With foreign organizations having common concerns: – – – – – Consumer Protection Tobacco control Energy conservation Standard and Quality Environment... Main constraints for consumer protection • Lack of comprehensive legislation on consumer protection (only general principles mentioned in the consumer protection ordinance, lack of concrete regulations specified for consumer protection). • The consumer problem is not much concerned. • Lack of powerful and specific facilities for consumer information and education (The association magazine The Consumer issued half monthly has no resources to implement its task, no comparative testing lab...) Main constraints for consumer protection (cont’d) • No resources for consumer protection activities. – No financial aid from the government (As regulated for NGOs). Budget mainly depends on projects that are of irregular basis. The association cannot implement its planned activities. – Activists are almost volunteers (mainly retreated persons who pay not much concern on their earnings...) Main constraints for consumer protection (cont’d) • No power delegated for consumers organizations (settling consumers complaints, dealing with unfair practices...). • No comparative testing facilities for consumer goods. • Poor experience in consumer protection (no consumer protection activities in Vietnam so far). • Difficult to access poor, marginalized consummers in rural and remote areas (lack of ressources). Challenges and opportunities (In the Background Of Regional and International integration – Globalization) Challenges – – – – – – Increase the gap between the rich and the poor. Trade before consumer’s interests. Transnational corporation – Monopoly. Growth not in line with development. Environment degradation. Consumer’s rights violated. Challenges and opportunities (In the Process Of Regional and International integration – Globalization) • Opportunities of Consumers – – – – – Living standard improved. Approach new, modern commodities, services. More chance to choose. Competitive price. More international assistance and cooperation. Lesson learned • • • • • • • • Responsibility of the government must be affirmed by law. Responsibility of the society must be stressed Consumer movement must be developed Consumer information and education is essential Promotion of the 8 rights of consumer Fair competition - Control monopoly Consumer complaints handling is necessary Prevention is better than cure Thank you for listening!