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one vision
one identity
one community
The Association of Southeast Asian Nations (ASEAN) was established on 8 August 1967. The Member States of the Association
are Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand and Viet Nam.
The ASEAN Secretariat is based in Jakarta, Indonesia.
Catalogue-in-Publication Data
381.34059
1. ASEAN – Consumer Protection
2. Regulations – Economics – Trade
ISBN 978-602-5798-05-4
This publication was prepared with the support of the “Competition Policy and Law in ASEAN” (CPL II), which is implemented
by the Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH and funded by the Federal Ministry for Economic
Cooperation and Development (BMZ) of Germany.
________________________________________________________________________________________________________________________
The text of this publication may be freely quoted or reprinted, provided proper acknowledgement is given and a copy
containing the reprinted material is sent to Community Relations Division (CRD) of the ASEAN Secretariat, Jakarta.
Photo Credits:
ASEAN Secretariat : Photos on page v, 1, 11, 17
Handbook on ASEAN Consumer
Protection Laws and Regulations
one vision
The ASEAN Secretariat one identity
Jakarta one community
Contents
Foreword................................................................. v The ASEAN Strategic Action Plan on Consumer
Protection (ASAPCP) 2016-2025............................. 13
Introduction............................................................ vii
ASEAN High-Level Principles on Consumer
Part I – Consumer Protection System.................. 1 Protection................................................................. 14
iv
Foreword
Consumer protection and welfare are important tenets under the ASEAN Economic
Community (AEC). With over 600 million consumers, rising purchasing power
and a young demographic profile, ASEAN represents a growing and attractive
market. Consumer protection policies and laws are therefore important to provide
consumers with wider choices and competitive prices; empower them to make
decisions based on accurate, clear and consistent information; and ensure that
they buy with trust and confidence through effective product and services safety
standards and regulations as well as appropriate complaints redress mechanisms.
v
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Introduction
The ASEAN Economic Community (AEC) by 2025 is The initial focus of the ACCP has been to ensure
envisaged to be a highly integrated and cohesive; that consumer protection legislation is in place in all
a more competitive, innovative and dynamic as well AMS, consumer access to information is enhanced,
as a resilient, inclusive and people-oriented, people- mechanisms for consumer redress and recalls are
centred community, which generates prosperity for all effective and running, and institutional capacity are
stakeholders including consumers and business. strengthened. These are reflected in the strategic
approaches under the previous ACCP work plan (2012-
The development of a dynamic economy and a 2015), and significant progress has been made in the
people-oriented, people-centred ASEAN cannot take last nine years, and which is now further pursued under
place without strengthening the consumer protection the ASAPCP 2025.
framework of ASEAN Member States. With a market of
over 600 million consumers, increasing purchasing The ACCP has placed significant emphasis on building
power and a young demographic profile, ASEAN the capacity of agencies to enforce consumer laws, as
represents a growing marketplace for businesses to well as enhance awareness on consumer rights through
sell its products and services. Consumer protection various capacity building and advocacy activities. In
policies and laws are therefore a necessary adjunct particular, these have been implemented through the
to ensure consumers buy with trust and confidence development of public awareness and advocacy models
and businesses abide by a code of good conduct that and guidelines, the publication of 24 policy digests and
enhance consumers’ trust. Furthermore, consumer four case studies, the convening of ASEAN Consumer
policies and laws would also need to respond to new Protection Conferences, and the development of
and emerging challenges and opportunities facing training modules in six core areas including on product
ASEAN. This includes cross-border e-commerce and safety and labelling. The ASEAN Consumer Protection
other new trading and payment methods resulting from Portal was also set up to serve as the main reference
globalisation and technological advancement, requiring point for ASEAN consumers and others on matters
governments to find innovative ways to protect and pertaining to recalled/banned products, consumer
promote the interests of consumers. redress mechanism, training and education information,
as well as a point of reference for consumer legislation
Hence, as an integral part of the AEC 2025, consumer and regional activities.
protection has an important role in supporting a modern,
efficient, effective and fair market place in the Community. Moving forward under the ASAPCP 2025, the focus will
This will require comprehensive and well-functioning be on ensuring a more integrated consumer protection
national and regional consumer protection systems framework in ASEAN; supporting activities towards a
enforced through effective legislation, with attendant higher level of consumer empowerment and protection;
public awareness outreach and redress mechanisms. ensuring enhanced consumer confidence in the AEC
These strategic measures are highlighted in the AEC and cross border transactions as well as mainstreaming
Blueprint 2025 which is the AEC’s ten-year blueprint consumer concerns into ASEAN policies. In addition
towards achieving the goal of an integrated Community to these four areas, supportive measures were
including in the area of consumer protection. At the incorporated to reflect additional efforts that focus on
sectoral level, the strategic measures of the Blueprint new and emerging consumer issues, developing long-
were further elaborated under the ASEAN Strategic term capacity building programmes to assist AMS to
Action Plan for Consumer Protection (ASAPCP) 2025 implement its consumer protection legislations and
into specific initiatives and activities. strengthening of the ACCP.
The work on consumer protection in ASEAN is carried As part of the advocacy and awareness objectives
out by the ASEAN Committee on Consumer Protection under the ASAPCP 2025, the ASEAN Handbook is
(ACCP). This Committee was established in 2007 and being published to provide more detailed information
is represented by officials of commerce ministries or in a single point of reference for consumers and other
dedicated agencies in charge of consumer protection. stakeholders. The Handbook provides brief overview
vii
Introduction
on the meaning and scope of consumer protection, consumer protection mechanisms in AMS in six specific
consumers and businesses rights and responsibilities, areas covering product safety and labelling; phone and
the set-up of consumer laws as well as related dispute internet services, and e-commerce; consumer credit
resolution mechanisms. The Handbook also compiles and banking; environment; healthcare services; and
the available information on consumer protection in AMS professional services, with another section covering
with a key section on AMS consumer protection laws the contact details of related agencies and associations
and regulations. There is also specific information on dealing with consumer protection.
viii
PART I
1
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PART I: Consumer Protection Sytem
3
PART I: Consumer Protection Sytem
Consumer Rights and Responsibilities The United Nations’ Guidelines for Consumer Protection
(UNGCP),1 a set of principles first adopted by the UN
The prevalence of deceptive practices and irregularities General Assembly, sets out the main characteristics of
in the market means that governments have to intervene effective consumer protection legislations, enforcement
to safeguard the interests of consumers by recognising institutions and redress systems, and recognises eight
and upholding their rights in various legal instruments, basic consumer rights and responsibilities.
including consumer protection laws.
Consumer Rights:
1 The right to satisfaction of basic needs - To have access to basic, essential goods and services:
adequate food, clothing, shelter, health care, education, public utilities, water and sanitation.
2 The right to safety - To be protected against products, production processes and services which are
hazardous to health or life.
3 The right to be informed - To be given the facts needed to make an informed choice, and to be protected
against dishonest or misleading advertising and labelling.
4 The right to choose - To be able to select from a range of products and services, offered at competitive
prices with an assurance of satisfactory quality.
5 The right to be heard - To have consumer interests represented in the making and execution of
government policy, and in the development of products and services
6 The right to redress - To receive a fair settlement of just claims, including compensation for
misrepresentation, shoddy goods or unsatisfactory services.
7 The right to consumer education - To acquire knowledge and skills needed to make informed, confident
choices about goods and services, while being aware of basic consumer rights and responsibilities and
how to act on them.
8 The right to a healthy environment - To live and work in an environment, which is non-threatening to the
well-being of present and future generations.
Consumer Responsibilities:
1 Critical awareness - The responsibility to be more alert and questioning about the use of, and the price
and quality of goods and services we use.
2 Action - The responsibility to assert ourselves and act to ensure that we get a fair deal. As long as we
remain passive consumers, we will continue to be exploited.
3 Social concern - The responsibility to be aware of the impact of our consumption on other citizens,
especially disadvantaged or powerless groups, whether in the local, national or international community.
5 Solidarity - The responsibility to organise together as consumers to develop the strength and influence
to promote and protect our interests.
4
PART I: Consumer Protection Sytem
5
PART I: Consumer Protection Sytem
Consumer Protection Agencies Where the agency’s role is not interventionist in nature,
its functions could be advisory to ensure that both
In addition to adopting a comprehensive law on businesses and consumers are informed of their rights
consumer protection to serve as the legal framework, and responsibilities through public education and
countries would often establish a new agency to take information programmes. The agency could also play a
charge of consumer protection matters in its territory. representative role within the government to comment
and make recommendations on consumer protection
Alternatively, such powers and responsibilities could
laws and other related laws that would have an impact
also be vested with an existing one, which is often the
on the consumer interests.
ministry of industry and trade or commerce, which
would set up or assign a specific department to oversee
While there are several models to choose from, the
all consumer-related affairs. Such agencies, here below
functions of the consumer protection agency are
commonly referred to as the ‘Consumer Protection
quite similar, as listed above, whether it is part of the
Agencies’, would have one or more than one of the
government or an autonomous entity. Some agencies,
following powers and responsibilities:
though independent in structure, are still dependent
Enforcing consumer protection (and competition) on the government for their operating costs and are
laws; answerable to the minister charged with the responsibility
Registering and issuing licences for certain and, as public bodies, to national parliaments or
designated types of business activities; assemblies.
Issuing administrative rules to regulate conduct of
business entities and ensuring the protection of Where the responsibilities and powers for consumer
consumer interests; protection are not centralised into one single agency,
but shared amongst different public bodies, the
Advising the government on appropriate measures
consumer protection agency could and should still play
for consumer protection;
a central role of coordinating amongst these bodies, to
Representing the consumer interest in other ensure policy coherence, and avoid the problems of
intergovernmental committees; overlapping mandates, duplication or negative forum-
Advising consumers and businesses of their rights shopping, while according the consumers with the
and obligations under the relevant consumer highest level of protection possible.
protection laws;
Conducting, or commissioning market surveys and
Consumer Organisations/Associations
research into consumer protection problems;
Conducting or commissioning product testing for
A consumer organisation/association is a membership-
safety and quality, and disseminating information to
based non-governmental non-profit body created to
consumers; promote the interests of consumers of goods and
Managing and/or monitoring the performance of services, by disseminating information and lobbying for
consumer tribunals or other mechanisms for the laws to protect consumers against producers or sellers,
handling of consumer claims; who may usually be better organised or have more
Consulting with relevant stakeholders to understand resources.
consumer issues and developing policy to address
problem areas; Citizens often gather together to form consumer
organisations/associations on the basis of their
Organising public education and information
recognition that:
programmes independently or in collaboration with
consumer organizations or business entities; and There is a need for an independent party which is
non-political and non-commercial to voice the issues
Representing the national consumer interests at
that impact on consumers in a market economy;
regional and international negotiations on individual
cases and discussions of regional and international There is a need for the views of the under-
policies. represented, i.e., the inarticulate and disadvantaged
6
PART I: Consumer Protection Sytem
to be heard in order to address the disparity in researching “labelling” schemes to help consumers
bargaining power, knowledge and resources identify ethical and “green” products;
between consumers and business; and conducting campaigns in response to specific
Consumer organisations/associations would be consumer-related problems;
an effective avenue to collectively exercise the civil advocating for the interests of consumers at
rights of disadvantaged/vulnerable communities/ relevant national, regional and international fora;
groups or those with disabilities to be represented and
and heard before decisions affecting them are
networking and cooperating with other NGOs on
taken.
consumer issues of shared concern and interest.
7
PART I: Consumer Protection Sytem
Principles for Good Business Practices and advertising; and extends beyond the actual supply
under the UNGCP: of goods and services to customer care, warranty and
repair, etc.
Fair and Equitable Treatment - Businesses
should deal fairly and honestly with
consumers at all stages of their relationship. As products or services can be defective or there is need
for more product and service information, companies
Commercial Behaviour - Businesses should
are increasingly setting up customer hotlines, inquiry
not subject consumers to illegal, unethical,
discriminatory or deceptive practices, or desks and consumer complaint-handling sections/
other improper behaviours that may pose departments to respond to the needs of consumers.
unnecessary risks or harm consumers.
Disclosure and Transparency - Businesses Dispute Resolution and Redress
should provide complete, accurate and not
misleading information regarding the goods
and services, terms, conditions, applicable Fostering the development of effective, no-cost ways for
fees and final costs to enable consumers to consumers to resolve their disputes and obtain effective
take informed decisions. remedies (i.e., repair or replacement of defective goods,
more information, apologies or monetary compensation
Education and Awareness Raising -
Businesses should, as appropriate, develop for losses) is an important objective of all consumer
programmes and mechanisms to assist protection systems. The particular features of consumer
consumers to develop necessary knowledge disputes require tailored mechanisms that can provide
and skills to take informed decisions. consumers with access to remedies that do not impose
costs, delays and burdens disproportionate to the
Protection of Privacy - Businesses should
protect consumers’ privacy through a issues in dispute.
combination of appropriate control, security,
transparency and consent mechanisms Consumer protection laws of different countries provide
relating to the collection and use of their for one or more mechanisms for consumer dispute
personal data. resolution and redress described below.
Consumer Complaints and Disputes -
Businesses should make available Internal complaints handling procedures by
complaints-handling mechanisms that business
provide consumers with expeditious, fair, Complaint handling processes within businesses are
transparent, inexpensive, accessible, speedy
an integral element of consumer dispute resolution and
and effective dispute resolution without
redress systems. The efficient and effective handling
unnecessary cost or burden.
of consumer complaints at the earliest stage can bring
benefits to businesses and consumers alike, alleviating
Customers are the lifeline of most business. In order the need for recourse to more costly and time-
to ensure long-term sustainable growth and success consuming external mechanisms in the vast majority
for their business, business proprietors and managers of cases. As with other informal mechanisms, however,
need to be able to understand consumer demands and recourse to internal complaints handling processes will
anticipate future trends; pay close attention to consumer not be effective in cases where consumers have been
opinion polls, feedback, and attitudes; and respond to the victims of illegitimate businesses or fraudsters.
consumer complaints in a timely and effective manner;
in addition to constantly improving product designs, In recent years, many technology-based companies
production and delivery. This is based on the recognition have introduced online dispute resolution (ODR)
that the relationship between consumers and business systems. An ODR system will allow consumers to
does not just happen during a transaction; but starts lodge a complaint electronically, which will then
from the initial stages of market research, marketing be responded with a refund, replacement or other
8
PART I: Consumer Protection Sytem
restitution without further or much human intervention. been gaining in popularity in many other countries as
Cost and time-saving to businesses can be substantial a consumer redress mechanism (albeit often in a more
while consumers may receive almost instant redress. limited form). Collective action can be particularly useful
in cases where large numbers of consumers have
Alternative Dispute Resolution (ADR) each suffered losses. It offers an avenue for redress
Where efforts to resolve disputes directly with to consumers who, due to the low value of the claim,
businesses fail, alternative dispute resolution (ADR) can would not be willing to undertake the burden and cost of
offer consumers a quick, effective and cost-free way to legal action individually. As collective action procedures
obtain a remedy without the burden and expense of enable the aggregation of small value cases, they are
commencing litigation in the courts. There are a wide also powerful tools for enabling major litigation in high
variety of ADR mechanisms. Some of the most common value cases.
forms are mediation, conciliation, assisted negotiation,
and arbitration. Legal Actions by Consumer Organisations
In some countries, the rights of consumers to take
Mediation, conciliation, and assisted negotiation are private legal action are supplemented by rights provided
all consensual processes whereby a neutral third party to consumer organisations to file lawsuits on behalf of
facilitates communication between the parties to help a consumer or, more frequently, a group of consumers.
them reach agreement. Arbitration is an adjudicative Like private collective action lawsuits, actions by
process whereby a neutral third party gathers information consumer organisations can be particularly useful
from both parties and makes a decision that is most in cases of widespread consumer harm, providing a
often intended to be legally binding and final. mechanism to prevent or remedy wrongful conduct by a
defendant that may otherwise go unchecked. However,
Increasingly, information and communications due to high litigation costs, difficulty in assembling
technology (ICT) is being used to implement online evidence and succeeding claims, legal actions by
forms of ADR. consumer organisations are rarely taken.
9
PART I: Consumer Protection Sytem
10
PART II
11
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PART II: Regional Framework on Consumer Protection in ASEAN
Consumer protection has long been recognised as Convening of 2 ASEAN Consumer Protection
an integral part of the ASEAN economic and social Conferences; and
integration process. As the ASEAN Member States (AMS) Adoption of the ASEAN High-Level Principles on
integrate more deeply; individuals move across borders Consumer Protection in 2017.
more frequently; companies expand their business
operations beyond geographical boundaries, supplying The ASEAN Consumer website, launched in 2012,
goods and services to customers based in different serves as the main reference point for matters pertaining
countries more easily; and the digitalisation of social to consumer protection issues including the provision of
and economic activities progresses at unprecedented information on:
paces; consumer protection has come to occupy a
AMS focal points for handling cross-border
central place in the regional policy-making agenda.
complaints;
Notifications on recalled/banned products;
The ASEAN Committee on Consumer Consumer protection legislations of AMS; and
Protection (ACCP) Other information such as publications and
workshop materials.
The ASEAN Committee on Consumer Protection (ACCP)
was thus established in 2007 by the ASEAN Economic
Ministers (AEM). It comprises of representatives of The ASEAN Strategic Action Plan on
consumer protection agencies of all ten (10) ASEAN Consumer Protection (ASAPCP) 2016-
Member States. The ACCP serves as the focal point 2025
to implement and monitor regional arrangements
and mechanisms to foster consumer protection in the The AMS are committed to develop a dynamic, people-
ASEAN Economic Community (AEC). centered AEC that generates prosperity for consumers
and business; to build consumer confidence in fair
The ACCP’s role is to ensure that consumer protection and transparent ASEAN markets; and to achieve this
measures, including laws, regulations and policies, are by working along and together with national consumer
in place in all AMS; consumers’ access to information administrations and consumer organizations.
is enhanced, mechanisms for consumer redress and
product recalls are in place, and institutional capacity The ASEAN Strategic Action Plan for Consumer
strengthened. These are reflected in the strategic Protection 2016-2025 (ASAPCP)2, based on the strategic
approaches adopted under the AEC Blueprint 2015- measures in the AEC Blueprint 2025, charts the course
2025 and the more detailed initiatives under the ASEAN of the ASEAN Committee on Consumer Protection
Strategic Action Plan on Consumer Protection (ASAPCP (ACCP)’s works and contains the following strategic
2025). measures:
1. Establish a Common ASEAN Consumer Protection
The major accomplishments of the ACCP to date include
Framework through higher levels of consumer
inter alia:
protection legislation, improve enforcement and
Nine AMS have consumer protection laws, with monitoring of consumer protection legislations,
Cambodia aiming to enact its consumer protection and make available redress mechanisms, including
law in the near future; alternative dispute resolution mechanisms;
The launch of the ASEAN Consumer Protection
Website in 2012 (www.aseanconsumer.org);
Notification and information exchange mechanism
developed for official and voluntary recalled/
banned products where Member States are able to
2 The ASAPCP 2016-2025 is downloadable from <http://
upload its recalled/ banned products in real time
asean.org/storage/2012/05/ASAPCP-UPLOADING-11Nov16-Fi-
through the ACCP website; nal.pdf>
13
PART II: Regional Framework on Consumer Protection in ASEAN
3 See <http://www.aseanconsumer.org/accp/index.php?r=-
portal/article&id=53>
4 The AEC Blueprint 2015 is downloadable from <http://
asean.org/wp-content/uploads/archive/5187-10.pdf>
14
PART II: Regional Framework on Consumer Protection in ASEAN
15
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PART III
17
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BRUNEI DARUSSALAM
The CPFTO applies to all businesses or consumers This Unit is thus responsible for:
residing in Brunei Darussalam; or business-to-consumer providing the verification and re-verification services
(B2C) transactions which are made in or sent from for all weighing and all measuring equipment use
Brunei Darussalam. for trade purposes in Brunei Darussalam
promoting awareness to the consumers, traders
Definition of Consumer and general public on the use of accurate and
According to the CPFTO, a consumer is a person who reliable weight and measurements intended to be
purchases goods/services for personal consumption used in trade
and not for commercial purposes. addressing and resolve consumers and traders
grievances related to weight and measures
Consumer Rights and Responsibilities
Any consumer who has entered into a consumer Unfair Practices and Unfair Contract Terms
transaction involving an unfair practice has the right to The CPFTO listed 20 specific unfair practices under its
commence an action in a court of competent jurisdiction Second Schedule.5
against the supplier. The right to commence such an
action shall not apply where Unfair contract terms are generally regulated under the
the amount of the claim exceeds a prescribed limit; Brunei Unfair Contract Terms Act, 1999. However, the
or CPFTO considers it an unfair practice to take advantage
there is no claim for money, and the remedy or relief of a consumer by including in an agreement terms or
sought in the action is in respect of a subject matter conditions that are harsh, oppressive or excessively
the value of which exceeds a prescribed limit. one-sided so as to be unconscionable.
19
PART III: Consumer Protection in the ASEAN Member States BRUNEI DARUSSALAM
Matters related to telecommunications services, Internet Medical and dental services (regulated by
services and E-commerce in Brunei are regulated by Ministry of Health in accordance with the Medical
the Ministry of Communications <http://www.mincom. Practitioners and Dentists Act 1984)
gov.bn> and the Authority for Info-Communications
Technology Industry (AITI) of Brunei Darussalam The aforementioned laws, along with relevant codes of
<https://www.aiti.gov.bn>. conduct, regulate the conducts of medical and legal
professionals, and the advertising of their services.
Some relevant legislations include the Brunei
Broadcasting Act 2000, the Internet Code of Practice Transport Services
Notification 2001, the Computer Misuse Order 2000, the The Civil Aviation Order, 2006 is the prescribed law that
AITI Order 2001, the Telecommunications Order 2001, regulates civil aviation services within Brunei airspace.
and the Electronic Transactions Act 2001 (amended in The Order is implemented by the Department of Civil
2008). Aviation, under the Ministry of Communications <http://
www.mincom.gov.bn/dca/Theme/Home.aspx>. There
Consumer Credit and Banking is, however, no specific agency established to handle
Various laws and regulations are already in place in consumer complaints in this sector.
Brunei Darussalam in relation to consumer credit and
banking, including hire & purchase, loans and credit
card, money lending and pawn broking. Interest rates
are regulated through various legal instruments and
Consumer Protection Agencies
self-regulatory mechanisms by banking institutions. The
Government, through the Ministry of Finance <http:// The enforcement agency responsible for consumer
www.mof.gov.bn>, has published fees and charges protection in Brunei Darussalam is the Competition and
imposed by banks in order to increase transparency Consumer Affairs Department (CCAD), formerly known
and enhance public awareness. Additionally, there as the Price Control Division, under the Department of
are measures in the Banking Order 2006 and Islamic Economic Planning and Development (JPKE), Prime
Banking Order 2008 that restrict the sharing of credit Minister’s Office <http://www.depd.gov.bn/cad/Home.
data amongst credit providers to safeguard consumers’ aspx>.
personal data.
20
PART III: Consumer Protection in the ASEAN Member States BRUNEI DARUSSALAM
The CCAD is responsible for implementing the CPFTO complaints/claims where those complaints can be
and also the Price Control Act, 2002 of Brunei. Its main channelled in-person or
functions include: via telephone
Handling consumer complaints within the scope of via email or websites
the two aforementioned laws;
via fax
Raising consumer awareness and promoting
via post
consumer education in Brunei through various
media and business engagement; via complaints form
The CCAD
Legal courts are recovered by winning parties before
Small Claims Tribunal
the Brunei courts and the successful parties can hope to
recover approximately 60 percent of their legal fees and
The CCAD handles general consumer complaints
all of their disbursements, so long as they have been
relating to civil redress and business-to-consumer
incurred reasonably.
21
CAMBODIA
22
PART III: Consumer Protection in the ASEAN Member States CAMBODIA
The Ministry of Posts and Telecommunications <http:// The Law on the Management of Private Medical,
www.mptc.gov.kh/> and the Telecommunication Paramedical and Medical Aide 2000 is deemed to
Regulator of Cambodia <https://www.trc.gov.kh> are address the problem of unregistered private medical
responsible for implementing this law, as well as all practitioners providing unqualified services to the public
consumer protection issues within the telecom sector. in Cambodia. It requires that any person practising as a
medic, paramedic or medical aide must hold a degree
Consumer Credit and Banking recognised by the Ministry of Health, and be registered
with the relevant medical professional association. This
The main piece of legislation for this sector in Cambodia
law is also implemented by the Ministry of Health.
is the Law on Banking and Financial Institutions 1999,
but it has only a few provisions related to consumer
Legal services were partly regulated under the Law on
protection. It empowers the supervisory authority to
Bar Statutes 1995, which is implemented by the Ministry
define, after having consulted the profession, a corpus
of Justice <http://www.moj.gov.kh/>.
of rules of good conduct aimed at ensuring customer
protection, including transparency, openness and
23
PART III: Consumer Protection in the ASEAN Member States CAMBODIA
The governmental focal point for consumer protection There is currently no consumer organisation or
matters in Cambodia currently is the Cambodia import association in Cambodia yet.
Export Inspection and Fraud Repression Directorate-
General (CAMCONTROL), under the Ministry of
Commerce.
Redress
CAMCONTROL is responsible for:
Ensuring the quality and safety of products and Currently, consumers in Cambodia can only take legal
services for the protection of consumers’ health action for tort or other actions to enforce their rights in
and safety; courts.
Ensuring the protection of consumers’ economic
interests;
Ensuring the compliance of the regulatory
requirements related to trade; and
Providing the service of commercial inspection as
third party.
24
INDONESIA
25
PART III: Consumer Protection in the ASEAN Member States INDONESIA
Dispute Settlement Body (BPSK) or through a judicial use directions, side effects, etc.) in the Indonesian
process at the relevant District Court. The law also language (if required by law); or (v) in the case of
recognises class actions by a group of consumers who goods, are damaged or flawed without specifying
can demonstrate that they have suffered serious losses such condition.
and have common interests in the same action. Offering, promoting or advertising goods or
services falsely as if they: (i) had discounts, special
The burden of proof of fault and compensation is prices or certain characteristics, had obtained or
theoretically reversed and the entrepreneur, not the end had sponsors, certain profits or certain working
consumer, bears the burden of proof. characteristics or accessories; (ii) were available,
did not contain a hidden flaw, hailed from certain
The Law also allows entrepreneurs to recall their areas, were complementary to other goods or
products from the market. If a product is defective, denigrated other goods; (iii) were harmless or
polluted, violates applicable standards or is fraudulently without side effects or promised certain things
marketed, the producer or distributor must recall the when, in fact, this was not the case.
product.
Offering, promoting, advertising or making incorrect
or misleading statements about: (i) the price or
Other than the Law No. 8, the Law No. 8/2012 on Food
usefulness of, or the condition/right/compensation
specifies legal provisions related to food safety, quality
regarding, particular goods or services; and (ii)
and nutrition, labelling and advertisement in Indonesia.
offered discounts, attractive prizes or the hazards
of using the goods or services.
Standards
In sales or auctions, cheating or misleading
Under the Law No. 20/2014 on Standardization and
customers by: (i) stating that goods or services
Conformity Assessment, product safety standards
fulfilled certain quality standards or had no hidden
(whether of goods or services) in Indonesia are
flaws; (ii) not intending to sell the goods or services
stipulated by the National Standardization Agency of
offered but rather other goods or services; (iii)
Indonesia (BSN). There are currently 11,670 Indonesian
raising prices or fees prior to conducting the sale.
National Standards (SNI). SNIs are implemented on
voluntary basis. However, if the SNIs are related to safety, Offering, promoting or advertising goods or
security, public health or environmental conservation services: (i) stating that goods or services fulfilled
and/or economic considerations, the Government certain quality standards or had no hidden flaws; (ii)
could partially or entirely enforce certain technical by offering free prizes if these are not so awarded
specifications and/or parameters of the relevant SNIs. as promised.
Unfair Practices and Misleading Advertisements In addition to the above prohibited activities, the Law No.
8 also forbids or regulates certain actions relating to the
Certain practices are deemed unfair and thus prohibited
following areas:
by the Law No. 8. These include, among others, the
following: advertising agents producing misleading, incorrect
or exploitative advertisements;
Producing goods or providing services which:
(i) do not conform to standards or laws, label the offer, promotion or advertising of medicines,
statements, actual measurements, described food supplements, health equipment or health
or guaranteed quality, composition, efficacy or services by promising certain prizes;
description, or promised or advertised benefits; (ii) offering goods or services intended to be traded
do not mention the expiration date or period of best with prizes given through a lottery;
use of the goods; (iii) are not “halal” when they are offering goods or services by advance order; and
stated to be so; (iv) do not give certain specified coercion or other sales methods which may be
details about the goods (e.g., name, size, weight, disturbing to consumers.
26
PART III: Consumer Protection in the ASEAN Member States INDONESIA
27
PART III: Consumer Protection in the ASEAN Member States INDONESIA
28
PART III: Consumer Protection in the ASEAN Member States INDONESIA
The national consumer protection agency in Indonesia, The Law No. 8 establishes that any consumer who
established in accordance with the Law No. 8, is the has suffered from damages, or a group of consumers
Directorate of Consumer Empowerment under the having common interests, may file charges against
Directorate General of Consumer Protection and the entrepreneurs through the relevant agencies
Trade Compliance, Ministry of Trade of Indonesia. The responsible for settling disputes between consumers
Directorate is responsible for both policy-making, law and entrepreneurs or through a court of law having
enforcement, consumer education and awareness- jurisdiction.
raising as well as receiving consumer complaints.
Disputes between consumers and entrepreneurs could
be settled outside the court if the involved parties could
Consumer Organisations and reach an agreement regarding the type and amount of
Associations compensation and/or regarding certain measures that
must be taken to ensure that no such damages should
The Law No. 8 recognises the role of non-governmental occur again to the consumers. Settlement of disputes
consumer protection foundations with regards to in court must be in accordance with court procedures.
promoting consumer education and awareness,
providing counsels to consumers, receiving and settling The Law provides for the establishment of Consumer
consumer complaints as well as general cooperation Dispute Settlement Bodies (BPSK) by the government
with governmental agencies on consumer protection in at district levels for the purpose of settling consumer
Indonesia. disputes out of court. The decisions of the BPSK have
binding effects and could be enforced by the district
There are three registered consumer organisations courts at the jurisdiction of the consumers who have
in Indonesia, who are also members of Consumers suffered damages. Similarly, these decisions could be
International: appealed to the relevant district courts and then to the
Indonesia Consumer Association (YLKI) <https:// Supreme Court of Indonesia.
ylki.or.id/>
Institute For Consumer Development and The BPSKs are also authorised to impose administrative
Protection (LP2K) <http://siswaspk.kemendag. sanctions on the entrepreneurs who have violated
go.id/lpksm/41> relevant provisions of the Law.
29
LAO PDR
30
PART III: Consumer Protection in the ASEAN Member States LAO PDR
E-commerce, on the other hand, falls under the purview Forestry and Agriculture: the production process
of the Ministry of Science and Technology <https://www. of agricultural products, fertilisers, chemical
most.gov.la/>, in accordance with the provisions of the substances used in agriculture, pesticide, animal
Electronic Transactions Law 2013. medicines, foods for animal, agricultural products,
31
PART III: Consumer Protection in the ASEAN Member States LAO PDR
seeds, animal species, agricultural equipment and between consumers and suppliers as follows:
machinery reconciliation (or direct negotiation) between
Science and Technology: quality, standards, consumers and suppliers,
measurement, weight, and intellectual property mediation (which could be conducted by an
rights arbitrator, a mediation unit set up by the State
agency for consumer protection, or a consumer
The relevant Ministries would be responsible for association),
organising and implementing consumer protection
through administrative procedures conducted by
activities within their sector from the central to local
the State organisations for consumer protection
level, including the issuance of implementing rules and
(district-level agencies would have jurisdiction over
regulations, decisions and notices; inspection; and
claims worth below one hundred million LAK, while
dispute settlement; etc. Amongst the four agencies,
claims worth more than one hundred million LAK
the MOIC would play the coordinating role, though no
would fall under the jurisdiction of provincial-level
coordination mechanism or model is specified by the
agencies)
law yet.
through court proceedings.
Dispute settlement between consumers and suppliers of The State consumer protection agency has the power
goods and services are stipulated in Part V of the Law. to order the supplier to remedy and compensate the
There are basically four methods for settling disputes damage or loss suffered by the consumer.
32
MALAYSIA
33
PART III: Consumer Protection in the ASEAN Member States MALAYSIA
Malaysia against unsafe food, which also carries specific Misleading and Deceptive Conduct, False
provisions on labelling and nutrition. The Poison Act Representation
1952 and Poison Regulations 1952 regulate the import, The CPA defines “false”, “misleading” or “deceptive”,
transport, storage, and labelling of poisons to be used for in relation to conduct, representation or practice as
industry, agriculture or horticulture that prohibit storing conduct, representation or practice which is capable of
of poisonous substances on a shelf or near food. It also leading a consumer into error. It goes on to prohibit all
regulates labelling of dispensed medicine (Section 12). misleading conducts, false or misleading representation,
false or misleading representations with regards to land
The advancement of modern biotechnology, including and price, bait advertising and other similar conducts.
genetically modified organisms, and its potential impact
on the safety of consumers’ health and environment
is also being addressed through the Biosafety Act
2007 under the Ministry of Science, Technology and Sectoral Issues
Innovation (MOSTI) <https://www.mosti.gov.my/>.
Unfair Practices and Unfair Contract Terms Phone, Internet Services and E-Commerce
Unfair practices are mentioned by the CPA but are not Relevant legislations for this sector include the Digital
clearly explained. Signature Act 1997, which provides an avenue for secure
online transactions through the use of digital signatures,
On the other hand, the CPA clearly defines an unfair the Computer Crimes Act 1997, the Communications
contract term as a term in a consumer contract which, and Multimedia Act 1998 and the Personal Data
with regard to all the circumstances, causes a significant Protection Act.
imbalance in the rights and obligations of the parties
arising under the contract to the detriment of the The Communications and Multimedia Act (CMA) 1998,
consumer. (Section 24a(c)) for example, has provisions on matters related to
the consumer code, including model procedures to
Furthermore, a contract or a term of a contract is reasonably meet consumer requirements, the handling
procedurally unfair if it has resulted in an unjust of customer complaints and disputes, including an
advantage to the supplier or unjust disadvantage to the inexpensive arbitration process other than a court, and
consumer on account of the conduct of the supplier or procedures for the compensation of customers in case
the manner in which or circumstances under which the of a breach of a consumer code, and/or the protection of
contract or the term of the contract has been entered into consumer information.
or has been arrived at by the consumer and supplier. A
contract or a term of a contract is substantively unfair if The Personal Data Protection Act 2009 regulates the
the contract or the term of the contract is in itself harsh; processing of personal data in commercial transactions.
or is oppressive; or is unconscionable; or excludes or It also provides for an individual’s rights and expectation
restricts liability for negligence; or excludes or restricts related the usage of his or her private, including
liability for breach of express or implied terms of the prescribed fee for data access or formal request in
contract without adequate justification. writing and approval.
If a contract or a term of a contract excludes or restricts The Electronic Commerce Act 2006 provides for
liability, or excludes rights, duties and liabilities, it is for legal recognition of electronic messages to fulfil legal
the supplier relying on such exclusion or restriction to requirements and to enable and facilitate commercial
prove that it is not without adequate justification. If a transactions through the use of electronic means and
contract or a term of a contract is deemed procedurally matters that protect consumers from illegal e-commerce
or substantively unfair by the court, the court may declare transactions.
the contract or the term of the contract as unenforceable
or void.
34
PART III: Consumer Protection in the ASEAN Member States MALAYSIA
The agencies responsible for implementing these Sale of Drugs Act 1952
laws are the Ministry of Information, Communication - Control of Drugs and Cosmetic Regulations
and Culture <http://www.kkmm.gov.my>, the Ministry 1984.
of Domestic Trade, Cooperative and Consumerism The agencies responsible for implementing these laws
<https://www.kpdnkk.gov.my>, and the Malaysian and regulations and protecting the consumers’ interests
Communication & Multimedia Commission <https:// with regards to healthcare services in Malaysia include
www.mcmc.gov.my/>. Malaysian Medical Council <http://www.mmc.gov.my/>,
the National Pharmaceutical Regulatory Agency <http://
Consumer Credit and Banking npra.moh.gov.my/>, the National Pharmaceutical
All banks and financial institutions in Malaysia must be Control Bureau (NPCB) and the Medical Services Unit
licensed under the Banking and Financial Institutions under the Ministry of Health.
Act 1989, which specifies provisions on licensing and
regulation of banks and financial institutions. Professional Services
The Medical Act 1971 governs the medical profession
The Hire Purchase Act 1967 regulates hire purchase in Malaysia, under which the Malaysian Medical Council
activities, scheduled payments, rates and default (MMC) has been established to protect consumers and
payments, including an implied condition that the goods outline the code of conduct for medical practitioners. The
are of merchantable quality. The Act also states that MMC has disciplinary jurisdiction over all practitioners
“merchantable quality” may not be implied where the registered under this Act, and can exercise disciplinary
consumer has examined the goods and found defects, jurisdiction over any registered person who has been
or if the goods are second-hand. convicted in Malaysia or elsewhere of any offence
related to fraud or misrepresentation.
The Moneylenders Act 1951 regulates and controls
the money lending business and protects borrowers of There are four main categories of ‘Infamous Conduct’
monies lent in the course of such business. for which a complaint against a registered medical
practitioner can be inquired into:
The Pawn Brokers Act 1972 regulates and controls the
Neglect or disregard of professional responsibilities;
business of pawn broking, the protection of those who
pawn valuables and pledges pawned in the course of Abuse of professional privileges and skills;
such business. Conduct derogatory to the reputation of the medical
profession; and
The agencies responsible for issues related to consumer Advertising, canvassing and related professional
credit and banking in Malaysia are the Central Bank of offences.
Malaysia <http://www.bnm.gov.my/> and the Ministry
of Urban Wellbeing, Housing and Local Government With regard to charges, medical practitioners are
<http://www.kpkt.gov.my/>. encouraged to price their fees reasonably and this
should be discussed with the patient prior to investigation
Healthcare Services or treatment, while adhering to the Schedule of Fees
In general, Malaysia has also put in place several laws published by the Malaysian Medical Association
and regulations to regulate its healthcare industry, <https://www.mma.org.my/>.
including the:
Medicine Act (Advertising and Sales 1956); Transport Services
Private Hospitals Act 1971; The main pieces of legislation in relation to civil aviation
in Malaysia include the Civil Aviation Act 1969, the
Telemedicine Act 1997 (Act 564);
subsidiary legislation made there under (i.e., the Civil
Private Healthcare Facilities and Services Act 1998; Aviation Regulations 2016), the Malaysian Aviation
- Private Healthcare Facilities and Services Commission Act 2015 (the MACA), which came into
(Private Medical Clinic or Private Dental force on 1 March 2016, and the Civil Aviation Authority of
Clinics) Regulations 2006; and Malaysia Act 2017.
35
PART III: Consumer Protection in the ASEAN Member States MALAYSIA
36
MYANMAR
right to choose,
Laws and Regulations right to information,
right to redress, and
Enacted on 14 March 2014 the Law on Consumer right to fair treatment
Protection of the Union of Myanmar is the first law
comprehensively addressing consumer issues in the Furthermore, the consumers would have the following
country. An amendment to this law, however, is being responsibilities:
considered by the Parliament to incorporate more complying with the information and guidelines
specific provisions on product safety and liability, so as related to goods or services intended and
to better protect the consumers of Myanmar. expressed to ensure safety;
complying with the decisions of the Consumer
Scope and Coverage
Dispute Settlement Bodies regarding consumer
The Law is divided into 12 Chapters and 31 Sections and disputes;
covers the following aspects:
avoiding false accusation intended to cause harms
Definition of ‘consumer’ (Section 2(a)) and to entrepreneurs;
‘entrepreneur’ (Section 2(g))
avoiding any act of saying, writing and acting in
The rights and duties of the consumers (Section 6) order to cause detriments to relevant entrepreneurs
Rights and duties of the entrepreneurs (Section 7) by mean of media or by other mean while the
Weight and measurement matters as related to relevant person is settling the consumer disputes.
consumer protection under Section 8(c)
Standardisation and inspection for product safety Product Safety and Liability
and quality – Section 8(f),(g),(h)and Section 28 There are many government ministries and private
False, unfair and misleading indications and sector organisations that monitor and implement specific
advertisement under Section 8 (a),(b),(j) and product safety measures in Myanmar. Under the aegis
(Section 9-12, 14) of the Ministry of Commerce, the Consumer Protection
Law also seeks generally to secure safe products and
Harassment (Section 13)
services. The Law imposes prison sentences on those
National Consumer Protection Agency: The estab- who break the law, for instance acts of misleading and
lishment of a Central Committee on Consumer Pro- deceiving consumers by selling or buying goods or
tection, its functions and duties (Section 4 and 5) services while stating incorrectly that these goods and
Redress mechanism: The establishment of services meet the prescribed standard and quality.
consumer dispute settlement bodies at different Section 6 of the law obliges suppliers to provide safe
levels and how they would operate (Section 16 to goods and services, in that consumers have rights to
19) guarantees given by the entrepreneurs and to receive
Dispute settlement procedures, offences and full and correct information on the goods and services
penalties (Section 20 to 26); and purchased.
Role of consumer protection association (non-
governmental organisations) under Section 30 Anyone who sells unsafe and low quality goods, or
expired goods to consumers will be punished with
Definition of Consumer imprisonment for a term not exceeding 3 years or with
fine not exceeding 5 million Kyats or with both. Section
A consumer, as defined by the Law, is a person who
24 of the law also provides that a consumer has the right
takes or uses goods or services not for trading.
to sue under civil litigation, even if the convicted has
served his or her jail sentence or fine or both.
Consumer Rights and Responsibilities
According to the Law, any consumer in Myanmar would Furthermore, in Myanmar, the National Food Law
have the following fundamental rights: 1997 (amended in 2013), the National Drug Law 1992
right to safety, (amended in 2014), and the Traditional Drug Law 1996
37
PART III: Consumer Protection in the ASEAN Member States MYANMAR
(amended in 2014) are the key legislations relating to 14-22). Moreover, there are provisions that confer one
product safety and liability for foods and drugs. party for entitlement of compensation for any loss and
damage resulting from the non-performance or breach
In order to monitor product safety, the Department of of the contract. (Section 53, 73)
Food and Drug Administration (FDA) <http://www.
fdamyanmar.gov.mm> was formed under the Ministry In Sales of Goods Act, there are provisions that give the
of Health. rights to both the seller and the buyer to sue against each
other for breach of the contract in terms of not following
There are also other government ministries and agencies the conditions prescribed in the contract by both parties
such as the Ministry of Agriculture, Livestock and regarding selling and buying goods and also provisions
Irrigation, the Ministry of Industry, the Ministry of Natural that express conditions for a breach of warranty by the
Resources and Environmental Conservation, the Ministry seller and the buyer.
of Education, and City Development Committees, etc.
which are responsible for ensuring product safety in The Specific Relief Act is related to the Code of Civil
their relevant sectors/localities. Procedure in the sense that a person entitles to the
possession of specific immovable property or specific
Unfair Practices and Misleading Advertisements movable property may recover it in the manner
The Consumer Protection Law provides a detailed prescribed by the Code of Civil Procedure as mentioned
definition of fraud, which means an act which is not in in the Act. (Section 8, 10) In Specific Relief Act, there are
good faith of wrong statement or incorrect advertisement provisions that describe any person suing for the specific
with the intention to mislead the consumer related to performance of a contract, may ask for compensation for
goods or services, and/or an act done dishonestly to its breach, either in addition to or in substitution for such
lead the public to have wrongful belief of the natural performance. (Section 19) Next, there are provisions
quality, manufacturing process, activity process, that describe the conditions in which the one does not
characteristic, specified standard, intention or quantity truly express the intention of the parties in the contract
relating to goods or services. and the condition in which instrument may cause a
person serious injury and explain the conditions in which
The law thus prohibits various unfair practices or frauds, a contract or instrument may be rectified or rescinded
which are meant to deceive or mislead the consumers and the conditions whereby the Court may adjudge
with regards to different characteristics and aspects of the instrument and order it to be canceled and grant
the goods and services produced, provided and traded. temporary or perpetual injunctions for preventive relief.
The law also prohibits some specific types of advertising
conducts, which were meant to mislead consumers. In Consumer Protection Law, some expressions relating
(Section 9, Section 11-14). In particular, the law holds the to agreements, warranty and guarantee of goods and
entrepreneur or advertiser liable to the consequences of services are included. In Section 6 (a) of the Law, it is
his or her own advertisement. mentioned that the Rights of the Consumers in which
consumers have the right to enable to obtain the
Unfair Contract Terms promised value, terms and conditions and warranty and
Unfair contract terms in Myanmar are regulated under they have the right to obtain completely and correctly
the Contract Act 1872, Sales of Goods Act 1930 and of information relating to the condition and warranty of
Specific Relief Act 1877. Consumer Protection Law the goods or services. In Section 7 (a), it is mentioned
2014 consists of some expressions that are related to that the entrepreneur has the right to receive payment
contract. in accord with agreements, value in sale of goods or
services. In Section 7 (b), the duties of the entrepreneurs
According to Contract Act, contracts and agreements include taking responsibility in accordance with
that are entered into not by consent of both parties but by the warranty or agreed terms and conditions in the
‘coercion’, ‘undue influence’, ‘fraud’, ‘misrepresentation’, agreement or promise for both goods and services.
and ‘mistake’, would be unlawful and thus ‘void’ (Section In Section 8, entrepreneurs are prohibited to carry out
38
PART III: Consumer Protection in the ASEAN Member States MYANMAR
production or trade goods that are not in conformity the Bar Council Act 1929 and the Legal Practitioners Act
with the information or condition stated on the label, 1880.
warranty, etc. and services that are not in conformity with
stated condition, guarantee, etc. According to the Myanmar Medical Council Law 2000,
the Council is responsible for issuing licenses for
medical treatment, licenses for pharmacists, registration
certificates for doctors while monitoring the doctors
Sectoral Issues to check whether they follow the ethics of doctors or
not and investigating and taking actions as necessary
against those who fail to follow such ethics upon
Phone, Internet Services and E-Commerce
reporting such practice.
The main pieces of legislation relevant to this sector are
the Telecommunications Law 2013 and the Electronic
According to the Traditional Medical Council Law 2000,
Transaction Law 2004 (amended in 2014). The Ministry
the Council issues registration certificates, stipulates
of Communications and Information Technology (MCIT)
the code of conduct and discipline to be abided by
is the State agency responsible for implementing these
traditional medical practitioners, and takes action against
laws.
traditional medical practitioners who have violated the
code of conduct and discipline.
Consumer Credit and Banking
The relevant legislations for this sector are the Financial According to the Teeth and Mouth Medical Council Law
Institutions Law 2016 and Central Bank of Myanmar Law 2011, the Council is responsible for issuing registration
2013. The Central Bank of Myanmar (CBM) <http:// certificates and licenses for medical treatment for
www.cbm.gov.mm/> remains the regulator and is given dental and oral medical practitioners, supervising the
the powers to regulate and supervise banks and other registered dental and oral practitioners, investigating
financial institutions; while the Ministry of Planning and and inspecting dental and oral medical practitioners to
Finance <http://www.mof.gov.mm> retains only policy- check whether they fail to follow ethics or not and takes
making powers. actions against them as necessary.
39
PART III: Consumer Protection in the ASEAN Member States MYANMAR
40
PART III: Consumer Protection in the ASEAN Member States MYANMAR
The Consumer Dispute Settlement Bodies notify mainly concerned with prohibitions for entrepreneurs
the decision related to consumer protection to the with regard to product labelling, safety and quality:
entrepreneur who has violated against it in dispute Warning/Severe Warning
The Consumer Dispute Settlement Bodies notify Remedies
the decision related to consumer protection to
Prohibiting the sale and distribution of the relevant
the entrepreneur who has committed any actions
goods temporarily
prohibited under Section 8 of the Law
Recall from the market
Entrepreneurs found to have infringed the prohibitions Destroying the goods causing threat to consumers
of the law, as prescribed from Section 9 to Section 14 Coordinating with the relevant Ministries, if required
(mainly concerned with false, unfair and misleading to revoke business licence either temporarily or
indications and advertisements) could be punished with permanently (Section 19)
imprisonment for a term not exceeding 3 years or with
fine not exceeding 5,000,000 Kyats or with both (Section Entrepreneurs should prove that they have no intention
23). to mislead under Section 9 of the Law. Those which
do not agree with decisions passed under Section 19
Additionally, the dispute settlement bodies could take could appeal to the Central Committee within 60 days
the below given actions if entrepreneurs are found to from the day when the concerned decision is passed.
have infringed Section 7(b) concerned with the rights Consumers could also sue for injury in accordance
and duties of entrepreneurs and/or Section 8, which is with civil litigation procedures once the entrepreneur’s
violations have been found under Section 23.
41
PHILIPPINES
Definition of Consumer
The principal law for consumer protection in the
As explained by RA 7394, “consumer” means a
Philippines is the Consumer Act 1992 (Republic Act
natural person who is a purchaser, lessee, recipient or
No. 7394). It came into effect on 15 July 1992. RA 7394
prospective purchaser, lessee or recipient of consumer
embodies the Philippines’ State policy on the protection
products, services or credit.
of consumers and establishes standards of conduct
for business and industry in the country. The general
Consumer Rights and Responsibilities
objective of the Act is to protect the ‘interests of the
consumer, promote his general welfare and establish Although not explicitly mentioned, from the specific
standards of conduct for business and industry’. objectives of RA 7394, consumers in the Philippines
enjoy the following fundamental rights:
Scope and Coverage Right to safety (‘protection against hazards to
RA 7394 covers a wide range of areas: health and safety’)
Consumer product quality and safety Right to information (‘provision of information and
education to facilitate sound choice and the proper
Food, drugs, cosmetics and devices
exercise of rights by the consumer’)
Hazardous substances
Right to education
Deceptive, unfair and unconscionable sales acts
Right to redress; (‘provision of adequate rights and
and promises
means of redress’)
Weights and measures
Right to representation (‘involvement of consumer
Consumer product service and warranties
representatives in the formulation of social and
Price tag economic policies’)
Labelling and packaging
Liability for product and services Product Quality and Safety
42
PART III: Consumer Protection in the ASEAN Member States PHILIPPINES
Unfair Practices
RA 7394 promotes and encourages fair, honest Sectoral Issues
and equitable relations among parties in consumer
transactions, and protects the consumer against
deceptive, unfair and unconscionable sales acts or Phone, Internet Services and E-Commerce
practices. An act or practice is deemed unfair and
Two separate laws set the policy framework for
unconscionable if:
telecommunications services and e-commerce in the
the producer, manufacturer, distributor, supplier Philippines: the Public Telecommunications Policy Act
or seller took advantage of the inability of the of 1995 and the E-Commerce Law of 2000.
43
PART III: Consumer Protection in the ASEAN Member States PHILIPPINES
The E-Commerce Law, in particular, provides the legal were promulgated to govern credit card operations in
recognition of electronic documents or data messages. the country, including:
It also mandates all government agencies to, among The Access Devices Regulation Act of 1998,
others, transact business and perform functions using which requires credit card providers to provide
electronic documents. The Act also penalises hacking information in writing or orally (with regard to
and piracy offenses. annual percentage rate; computation method, fees,
and toll-free numbers, etc);
Below are some orders issued related to the E-Commerce
BSP Circular No. 398 dated 21 August 2003 which
Law to specifically protect consumers in the sector:
promotes the development of consumer credit
JOINT DTI-DOH-DA Administrative Order No. through innovative products under conditions of
1 Series of 2008 which prescribes rules and fair and sound consumer credit practices; and
regulations for consumer protection for online
BSP Circular no. 702 series of 2010 which aims to
transactions that covers both local and foreign-
enhance consumer protection in the credit card
based retailers;
operations of banks and their subsidiary or affiliate
The Central Bank of the Philippines (BSP) <http:// credit card companies.
www.bsp.gov.ph/> issued Circulars No. 269 in
2000 and No. 542 in 2006 which cover electronic
banking and safeguard of customer information,
prevention of money laundering and terrorist Consumer Protection Agencies
financing, respectively.
The National Telecommunications Commission (NTC) The National Consumer Affairs Council (NCAC) is the
<http://ncr.ntc.gov.ph/> under the Department of body created by RA 7394 to improve the management,
Transportation and Communications (DOTC) is the coordination and effectiveness of consumer programs
government agency responsible for the supervision, and policies by different government agencies and
adjudication and control over all telecommunications private organizations. The Council is composed of
services throughout the Philippines. representatives from the following government and non-
government agencies:
The DTI directs and supervises the promotion and DTI
development of electronic commerce in the country with
Department of Education <http://www.deped.gov.
relevant government agencies.
ph/>
44
PART III: Consumer Protection in the ASEAN Member States PHILIPPINES
Submitting to Congress and the Office of the against any person who appears responsible. Any civil/
President a full report on the progress of the criminal action shall be filed with the appropriate regular
implementation of consumer programs in the courts (Municipal Trial Court/Regional Trial Court).
Philippines.
A wide range of penalties may be imposed, even if not
The Council is headed and presided by a Chairman requested in the complaint. These include cease-and-
who is elected by the members. He sets up, with the desist orders, assurance to recall, replace repair or
concurrence of the Council, the policies, procedures refund the money value, restitution or rescission of the
and standards to govern the implementation and contract, and the imposition of fines of between PhP500
interpretation of the functions and duties of the Council. to 300,000 depending on the gravity of the offence.
Amongst all the relevant departments involved in the Among the implementing agencies of RA 7394, it is
implementation of RA 7394, the DTI plays the central the DTI which has the largest network of mechanisms
role. It is also the focal point for the ASEAN Consumer providing consumer redress. It has set up mechanisms
Protection Committee (ACCP). in all levels i.e., national, regional and local levels.
Consumer complaint can be filed at the DTI provincial
offices having jurisdiction over the subject of the
Consumer Organisations and complaint. In areas where there are no provincial offices,
Associations the complaint shall be filed in the regional offices. In
cases where the complainant and respondent are
A number of consumer organisations have been situated in different provinces, the complainant has the
option to choose the place where to file the complaint.
established in the Philippines, though none of these
organisations has been admitted as a member
At the national level, DTI maintains a consumer hotline
of Consumers International yet. Some notable
called DTI Direct which accepts, reviews, and resolves
organisations include:
consumer queries and complaints.
The Consumers Union of the Philippines (CUP)
consumersunion.philippines@gmail.com Notably, in the Philippines, industries that have national
Coalition for Consumer Protection and Welfare, Inc. presence have started to set up Consumer Welfare
http://www.ccpw.org/ Desks (CWDs), as part of the Gold Bagwis Program
Nationwide Association of Consumers, Inc. of the DTI which is a self-policing mechanism in the
http://naciphil.tripod.com/ business sector to resolve consumer complaints. The
Laban Consyumer, Inc. main objectives of the establishment of CWDs are to
forge partnership between the government and the
http://labankonsyumer.com
private sector in the promotion of consumer welfare, and
set up procedures to systematically and appropriately
address consumer complaints.
Redress
CWDs in business establishments are manned primarily
by the manager/supervisor of the participating stores
Under RA 7394, consumers can seek redress by filing and should be situated at a strategic place easily located
a letter of complaint addressed to the concerned by consumers preferably near the Customer Relations
department or government agency. The governmental Desk of the stores. In case of dissatisfaction, consumers
departments concerned – the DTI, DOH, and the can always tap the DTI services to resolve the issue.
DA – upon petition or receipt of complaint letter from
any consumer may each, within their own area of For disputes involving financial institutions, consumers
competence, commence an investigation. Upon findings may contact or personally talk to the manager or officer-
of a prima facie violation of any rule or regulation in-charge of his/her bank. In cases when complaints are
promulgated under their jurisdiction, the departments not resolved, consumers may write his/her complaint
upon verified complaint may commence formal action and send by mail, email, fax or proceed to the BSP.
45
SINGAPORE
‘Consumer transactions’, as defined by the Act, means Other rights in respect of non-conforming goods
the supply of goods or services by a supplier to a such as to have the goods repaired or replaced,
consumer as a result of a purchase, lease, gift, contest or to have reduction in the amount to be paid, or to
other arrangement; or an agreement between a supplier rescind the contract with regard to those goods
and a consumer, as a result of a purchase, lease, gift, (i.e., lemon law).
46
PART III: Consumer Protection in the ASEAN Member States SINGAPORE
47
PART III: Consumer Protection in the ASEAN Member States SINGAPORE
including in an agreement terms or conditions that are Other regulations/ executive orders that are relevant
harsh, oppressive or excessively one-sided so as to be include:
unconscionable. Personal Data Protection Act (PDPA) covering
personal data protection on consumer credit and
banking implemented by Personal Data Protection
Sectoral Issues
Commission
Guidelines on standards of conduct for marketing
Phone, Internet Services and E-Commerce and distribution activities by financial institutions
To ensure quality of service provided by telephone on prohibiting false and misleading advertisements
and Internet Service Providers in Singapore, on consumer credit or banking. These guidelines
Telecommunications Act on Code of Practice for implemented by the Monetary Authority of
Competition in the Provision of Telecommunication Singapore (MAS) <http://www.mas.gov.sg/> set
Services was enacted in 2012. out the MAS’ expectations that the board and
senior management of financial institutions are
As regards to e-commerce transactions, Singapore accountable and responsible for ensuring that
does not have a consumer protection law specifically there are proper controls in place for their financial
for e-commerce. However, a number of provisions in the institution’s marketing and distribution activities.
CPFTA could also apply to e-commerce transactions. Association of Banks in Singapore’s code
of advertising practice which specifies that
For personal data protection - the Personal Data advertisements should be legal, clear, fair,
Protection Act 2012, administered by the Personal Data reasonable and not be misleading.
Protection Commission <https://www.pdpc.gov.sg/> is Singapore Code of Advertising Practice (SCAP)
in place, which applies in conjunction with sector laws implemented by the Advertising Standards
that incorporate data protection elements. In the event of Authority of Singapore <https://asas.org.sg/>
any inconsistencies, the sector law will prevail. where the SCAP states that advertisements should
not mislead consumers.
In addition, Singapore has also put in place the
Section 16 Moneylenders Act, Registrars’
Electronic Transactions Act and the Electronic
Directions on Advertising (issued 31 July 2013)
Transactions (Certification Authority) Regulations 2010
prohibiting false and misleading advertisements
to ensure a certain level of security and certainty for the
on consumer credit or banking where minimum
use of electronic transactions. These are administered
information which must be included in advertising
by the Infocomm Media Development Authority (IMDA)
and marketing material; format and location of such
<https://www.imda.gov.sg/>. These laws apply equally
material.
to e-commerce transactions.
Healthcare Services
Consumer Credit and Banking
Healthcare institutions, namely hospitals (including
For issues related to consumer credit and banking, the
nursing homes), medical and dental clinics, as well as
following legislations are relevant:
clinical laboratories, in Singapore are currently regulated
Banking (Credit Card and Charge Card) under the Private Hospitals and Medical Clinics Act 2007
Regulations 2013 (revised edition 2017), issued and its subsidiary legislation.
under Singapore’s Banking Act, Revised Edition
2017 The Ministry of Health <https://www.moh.gov.sg>
Moneylenders Act, Chapter 188, Revised Edition regulates healthcare institutions, namely hospitals
2010 (including nursing homes), medical and dental clinics, as
Hire Purchase Act, Chapter 125, Revised Edition well as clinical laboratories, licensing them and ensuring
2014 that they maintain good standards of medical/clinical
services, to protect the safety and welfare of patients.
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PART III: Consumer Protection in the ASEAN Member States SINGAPORE
49
PART III: Consumer Protection in the ASEAN Member States SINGAPORE
50
THAILAND
51
PART III: Consumer Protection in the ASEAN Member States THAILAND
Statement which is directly or indirectly encouraging by consideration of the good faith of all parties to it,
the commission of an unlawful or immoral act, or what the parties have done, and the potential negative
which adversely affects the national culture; and effects on the parties. Additionally, any term in a contract
Statement which will cause disunity or adversely between the parties, which is made for excluding or
affects the unity among the public. restricting liability before the result has occurred, is void
and unenforceable.
Another notable piece of legislation in this regard is
the Act Governing Prices of Goods and Services 1999, Under the Unfair Contract Term Act, a ‘consumer’ is
which establishes a Central Board Governing Prices defined as ‘any person entering a contract as buyer,
of Goods and Services with the authority to prescribe lessee, hire-purchase, borrower, insurance applicant
goods and services to be controlled by the Act; fix the or party to any other type of contract in order to
sale/purchase prices of controlled goods and services; acquire property, service or any other interests with
ensure that there is sufficient supply of goods or services remuneration, provided the transaction is NOT for
to meet the domestic demand; consider complaints of commercial purposes’.
distress or damage arising from unfair price practices;
lay down regulations governing the payment of rewards
and money; and prescribe bases, procedures, and
Sectoral Issues
conditions regarding the display of goods and services
prices.
Phone, Internet Services and E-Commerce
Unfair Contract Terms
In Thailand, the quality of service provided by telephone
In Thailand, two laws deal with unfair contract terms for and Internet service providers is regulated by the
consumers: the CPA and the Unfair Contract Term Act Telecom Business Act 2001. The regulatory agency in
1997. charge of the sector is the National Broadcasting and
Telecommunication Commission (NBTC) <https://www.
The CPA empowers the Committee on Contract who nbtc.go.th>.
was appointed by the Consumer Protection Board to
consider any business using a written contract to be a The NBTC requires telecom and Internet service
“contract-controlled” business. The so-called “controlled providers to offer services in compliance with standards
contract” to which a business operator and a consumer set by the NBTC. These standards address technical
are parties must adhere to the following elements: issues, service contracts, tariffs, service charges, as well
Essential provisions, as determined by the as protection of consumer rights in the areas of personal
Committee, whereby without such essential data, privacy, and freedom of communication via
provision the consumer could be in a disadvantaged telecommunication networks. The standards are meant
position compared to the business operator; to provide services on a fair and equitable basis for both
Prohibition from applying unfair terms to the the licensee and users. During the implementation of
consumer. these standards, the NBTC (or its predecessor) issued
several notifications concerning the protection of service
In the case any essential or unfair term(s) in a controlled users, which have been published in the Government
contract is deemed by the Committee to be excluded Gazette of Thailand in order to become effective under
but persists therein, the designated unfair terms shall be various laws. This includes procedures for receiving
considered null and void, without prejudice to the rest of and considering user complaints, the establishment
the contract. of the Telecommunications Consumer Protection
Bureau <http://tcp.nbtc.go.th/>, and the 1200 Call
The main principle of the Unfair Contract Terms Act 1997 Centre, which were implemented to protect the rights of
is that the Court will examine the terms in a contract consumers and to enhance their bargaining power and
awareness in these areas.
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PART III: Consumer Protection in the ASEAN Member States THAILAND
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PART III: Consumer Protection in the ASEAN Member States THAILAND
54
VIETNAM
55
PART III: Consumer Protection in the ASEAN Member States VIETNAM
According to Article 3 of this law, ‘The quality of products Using force, threatening to use force or other means
and services is the level at which the characteristics of to cause damage to life, health, honor, prestige,
a product or service meet requirements for applicable dignity and property of consumers;
announced standards and corresponding technical Taking advantage of disadvantaged consumers or
specifications.” Manufacturers are required by this law to taking advantage of natural disasters and diseases
issue a notification and cease production if their product to force a trade;
is unsafe. A similar obligation applies to importers.
Conducting trade promotion activities, or suggest
transactions directly with a person who have no
The Law on Food Safety 2010 sets out the rights and
capacity for civil acts or who have lost their civil act
obligations of organisations and individuals with respect
capacity;
to food safety in Vietnam; conditions to ensure the safety
of manufacturing, doing business in, and importing and Requiring a consumer to pay for goods or
exporting food; advertising and labelling food; testing services provided without prior agreement with the
food; analysing threats to food safety; and protecting, consumer;
preventing and overcoming food safety problems. This Taking advantage of disadvantaged consumers or
law is implemented by the Ministry of Health of Vietnam taking advantage of natural disasters and diseases
(MOH) <http://moh.gov.vn>. to provide goods and/or services that does not
guarantee quality; inter alia.
Under Article 3.13 of the Law on Consumer Protection
2010, defective products are products which fail to Unfair Contract Terms
ensure the safety of consumers, which endanger According to the Consumer Protection Law 2010, terms
their lives or health and could cause loss or damage of the contracts concluded with consumers and general
to their assets. This includes products which meet trading conditions shall have no effect (because they are
current technical standards or criteria but the defect unfair in nature) in the following cases:
was undiscoverable at the time they are supplied to the Where they exclude liability of business individuals
consumer. Manufacturers and/or importers are liable, at and organisations to consumers;
their own cost, for the recall of defective products. The
Where they restrict or exclude the right to complaint
law provides for clear procedures for product recall.
and take lawsuits by consumers;
However, it is silent on the issue of defective services.
Where they allow business individuals and
Unfair Practices and Misleading Advertisements organisations to unilaterally change the conditions
of the contract agreed in advance with the
The Consumer Protection Law 2010 does not provide a
consumer or the rules and regulations for the sale
general definition of unfair practices against consumers.
of good sales or provision of services which apply
However, it provides for a list of prohibited practices with
to consumers when buying and using goods and/
certain elements of ‘unfairness’, which also includes
or services are not specifically indicated in the
misleading advertisements:
contract;
Attempt in deceiving or misleading consumers
Where they allow business individuals and
via advertising activities, or hiding or providing
organisations to unilaterally declare that the
information that is incomplete, false or inaccurate
consumer has failed to perform one or more
about the goods and/or services being provided;
obligations;
or the reputation, business ability, and ability to
provide goods and/or services; or the contents and Where they allow business individuals and
characteristics of transaction with consumers; organisations to set forth or change the price at the
time of delivery of goods or provision of services;
Harassing consumers through the marketing of
goods and/or services contrary to the wishes of Where they allow business individuals and
consumers two or more than two times or other organisations to explain the contract in case of
acts that obstruct or affect the normal works or different interpretation of the terms;
activities of consumers;
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PART III: Consumer Protection in the ASEAN Member States VIETNAM
Where they exclude the liability of business licenses and regulates banks and financial institutions,
individuals and organisations in cases where the and the Law on the State Bank of Vietnam of 2010 which
business individuals and organisations sell goods regulates banking activities. The latter replaced the State
or provides services through a third party; Banking Act No. 10/2003/QH11.
Where they force consumers to comply with
obligations even if the business individuals and The State Bank of Vietnam (SBV) <https://www.sbv.gov.
organisations have not fulfilled their obligations; vn/> is the regulator for all matters related to monetary
and policies, credit and banking activities in the country.
Phone, Internet Services and E-Commerce The Law on Health Insurance requires compulsory
participation in social health insurance by Vietnamese
The Law on Telecommunications of 2009 provides
citizens and stipulates six groups of participants for
the legal basis for regulating the telecom sector in
compulsory social health insurance.
Vietnam, while issues related to information technology
and electronic communications are covered under the
The Law on Medicines regulates conditions for trading
Information Technology Law of 2006 and the Electronic
drugs. It requires that drugs must be registered with the
Communication Law of 2005.
MOH for circulation in Vietnam. This law also governs
the advertising and clinical trials of drugs.
The provision of electronic communication services to
consumers is subject to mandatory quality control for
The Law on Medical Examination and Treatment is
certain types of services (for example, telephone services
designed to ensure that all patients receive appropriate
via terrestrial fixed telecoms networks, telephone services
and equal treatment. It therefore sets out many stringent
via terrestrial mobile telecoms networks, terrestrial fixed
requirements for medical practitioners and medical
broadband internet access services using xDSL, among
examination and treatment establishments regarding
others).
professional qualifications and ethical criteria.
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PART III: Consumer Protection in the ASEAN Member States VIETNAM
58
ANNEX I
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ANNEX I: Principal Consumer Protection Laws in ASEAN
ASEAN
National Consumer Protection Law and Link for Download
Member States
Brunei <http://www.aseanconsumer.org/accp/download/Brunei/Consumer_Protection_Fair_Trading_
Darussalam Order_2011_Brunei_Darussalam.pdf>
<http://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2011/EN/s064.pdf>
Malaysia <http://aseanconsumer.org/misc/downloads/misc-msiacpa.pdf>
<http://www.parlimen.gov.my/files/billindex/pdf/2017/DR/D.R.%209_2017%20(eng).pdf>
Myanmar <http://www.aseanconsumer.org/accp/download/Myanmar/Consumer%20Protection%20
Law%20(Engish).pdf>
Philippines <http://www.aseanconsumer.org/accp/download/Philippines/Republic%20Act%20No.%20
7394%20-%20The%20Consumer%20Act%20of%201992.pdf>
Singapore <http://www.aseanconsumer.org/accp/download/Singapore/Consumer%20Protection%20
(Fair%20Trading)%20Act%202009.pdf>
Thailand <http://www.aseanconsumer.org/accp/download/Thailand/The%20Consumer%20Protection%20
Act%201979.pdf>
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ANNEX II
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ANNEX II: Comparative Table on Consumer Protection Frameworks in ASEAN
Consumer Sale of Food Act (Chapter 283) and Food Weights and Covered under Unfair Contract Covered under the CPFTA Multi-level Market- Electronic Most claims under the CPFTA may be filed in the Small
Singapore Protection (Fair Regulations, 2017 Measures the CPFTA (24 Terms Act (UCTA) ing and Pyramid Sell- Transactions Act Claims Tribunals.
Trading) Act Consumer Protection (Trade Descriptions & Act 1975 and types of prac- 1994 ing (Prohibition) Act and the Electron-
(CPFTA) 2003 Safety Requirements) Act 1975 & its Reg- Regulations tices listed 1973 ic Transactions
ulations in its Second (Certification
Schedule) Authority) Regu-
Consumer Protection (Consumer Goods Safety lations 2010
Requirements - CGSR) Regulations 2011
Consumer Product Liability Act 2008 Measurement Covered under Covered under the Covered under the CPA 1979 No standalone No standalone In addition to submitting complaints to the OCPB, consumers
Thailand Protection Act Drug Act 1967 Act 1999 the CPA 1979 CPA 1979 and the legislation yet legislation yet in Thailand now could also file a “consumer case” in the
1979 (CPA) Unfair Contract Court of Justice, which performs as a “Consumer Court”, in
Food Act 1979 Term Act 1997 accordance with the Consumer Case Procedure Act of 2008
Law on Protec- Partly covered under the Law on Consumer Law on Covered under Covered under the Covered under the Law on Consumer Protection Covered under Com- Information According to the Consumer Protection Law 2010, disputes
Vietnam tion of Consumer Protection 2010 Standards the Law on Law on Consumer 2010 petition Law 2010 Technology Law between consumers and business could be resolved through:
Rights 2010 Law on Quality of Products and Services and Technical Consumer Protection 2010 of 2006 negotiation; mediation; arbitration; and the court.
2007 Regulations Protection Electronic The law also stipulates that consumer interests could be
2006 2010 Communication protected through administrative actions by relevant govern-
Law on Food Safety 2010 mental agencies.
Law of 2005
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ANNEX III
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ANNEX III: Comparative Table on the Rights of Consumers in ASEAN
Any consumer who has entered into a consumer transaction involving an unfair practice has the
Brunei right to commence an action in a court of competent jurisdiction against the supplier.
Darussalam
Cambodia does not have a general consumer protection law yet, but the Law on the Management
Cambodia of Quality and Safety of Products, 2000 of Cambodia mentions the following rights of consumers:
• Right to safety; and
• Right to information (to be provided with accurate information about the composition or
configuration of products, goods or services to avoid confusion).
The following rights of the consumers are recognised and protected in Malaysia:
Malaysia • Right to safety (General safety requirement for goods, prohibition against unsafe goods and
services)
• Right to information (to be provided with information about unsafe goods and services)
• Right to choose (consumers’ options of refund and replacement); and
• Right to redress (consumers’ rights against suppliers of goods and services, manufacturers,
etc)
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ANNEX III: Comparative Table on the Rights of Consumers in ASEAN
The following fundamental rights of all Thai consumers are recognised and protected by law:
Thailand • Right to receive correct and sufficient information and description as to the quality of goods
or services;
• Right to enjoy freedom in the choice of goods or services;
• Right to expect safety in the use of goods or services;
• Right to receive a fair contract; and
• Right to have the injury considered and compensated.
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ANNEX IV
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ANNEX IV: Relevant Websites and Contact Points
Department of Economic Planning and Development Consumer Protection and Fraud Repression
Department
73
ANNEX IV: Relevant Websites and Contact Points
74
ANNEX IV: Relevant Websites and Contact Points
Malaysia Myanmar
Ministry of Commerce
Level 11, No. 13 Office No.(52), Nay Pyi Taw
Persiaran Perdana, Precint 2 The Republic of the Union of Myanmar
Federal Government Administrative Centre, 95-67-430217
62623 Putrajaya, 95-67-430203
MALAYSIA www.commerce.gov.mm
(603) 8000 8000
(603) 8882 5983
http://www/.kpdnkk.gov.my
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ANNEX IV: Relevant Websites and Contact Points
Philippines Singapore
Consumer Protection and Advocacy Bureau (CPAB) Ministry of Trade & Industry
76
ANNEX IV: Relevant Websites and Contact Points
Thailand Vietnam
Office of the Consumer Protection Board (OCPB) Vietnam Competition and Consumer Protection
Authority (VCCA)
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ANNEX V
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ANNEX V: List of Arbitration and Mediation Centres in ASEAN
81
ANNEX V: List of Arbitration and Mediation Centres in ASEAN
82
ANNEX V: List of Arbitration and Mediation Centres in ASEAN
Singapore Thailand
Consumer Protection Advocacy Bureau (CPAB) Mediation : Office of the Consumer Protection
Consumer Protection Group (CPG) Board (OCPB)
2F Trade & Industry Bldg, 361 Sen. Gil J. Puyat Avenue Government Complex, Bldg. B, 5th Floor,
1200 Makati City, Philippines Chang wattana road,
(632) 751-3233 Laksi, Bangkok 10210 Thailand
(632) 751-3330 (DTI Direct Hotline) Hotline: 1166
(63) 9178343330 (DTI Direct SMS Hotline) +662 141 2250, +662 141 2284
(632) 890-4949 www.ocpb.go.th
cpab@dti.gov.ph consumer@ocpb.go.th
www.dti.gov.ph
Arbitration : Thailand Arbitration Center (THAC)
Consumers Association of Singapore (CASE) 689 Phirach tower, 26th Floor, Sukhumvit road,
Address: 170 Ghim Moh Road #05-01, Wattana, Bangkok 10110 Thailand
Ulu Pandan Community Building, Singapore 279621 +662 018 1615
(65) 64636678 www.thac.or.th
www.case.org.sg info@thac.or.th
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ANNEX VI
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ANNEX VI: List of Consumer Associations in ASEAN
ASEAN
Consumer Associations
Member States
N/A
Cambodia
N/A
Lao PDR
+603-78764648
Malaysia
fomca@fomca.org.my
http://www.fomca.org.my/v1/
N/A
Philippines
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www.asean.org
www.asean-consumer.org