Measures relating to The Consumer Protection Law


Domestic Regulations
sr. Section measures mode remarks
1 19

The rights of the consumer are as follows:

(a) obtaining the satisfaction on the basic needs related to goods or service;

(b) having the right to use goods or service safely;

(c) having the right to know information correctly and completely, and obtain the receipt or document in buying and using the goods or services; 

(d) having the right to choose and buy the goods or services in the market satisfactorily; 

(e) having the right to explain and complaint in the matters related to  consumer damages;

(f) having the right to remedy for damage arising from the purchase and consumption of goods or services;

(g) having the right to study the knowledge, rights and required information in respect of goods or service; 

(h) having the right to live in the decent living standard and environment not only in the present but also for future generations; 

MODE 3 Domestic Regulations
2 21

The duties of the entrepreneur are as follows:

(a) providing the simple and correct information regarding the guarantee and requirements of goods or services;

(b) treating consumers honestly and properly without discrimination;

(c) acting the business honestly and properly in accordance with the business ethics and regulations;

(d) guaranteeing goods or services for trading or manufacturing based based on the quality and standardization stipulated by the relevant government departments and government organizations;

(e) providing the opportunity to test on goods for consumers which is required to test quality before purchase; 

(f) expressing the additional cost of goods or service to be known by the consumer before purchase; 

(g) avoiding the direct or indirect selling goods or services that are likely to cause damage or loss to consumer;

(h) taking responsibility for goods or services that are inconsistent with the guarantee; 

(i) avoiding threatening, false statement in the form of saying, writing and acting in order to the detriment of consumers by means of the social media or by other means while settling the consumer dispute; 

(j) notifying timely to the Department and consumer by means of the social media or by other means if he knows the hazard of the produced goods or services by himself of by any other way; 

(k) complying with the settlement and decision made by the relevant Committee if the disputes related to goods or services arise.

MODE 3 Domestic Regulations
3 26

The following facts shall be included in the guarantees in respect of providing services to the customer by the entrepreneur:

(a) informing the facts about its services to the consumers in advance; 

(b) providing the correct information and perfect service standards completely; 

(c) conforming with the need of consumers;

(d) performing completely within the guaranteed period; 

(e) paying service fees agreed with the customer.

MODE 3 Domestic Regulations
4 27

The consumer has the right to claim the following rights if the entrepreneur cannot provide the service or fails to provide the service during the guaranteed period to the consumer under section 26:

(a) to pay compensation for the damage caused by the failure of providing services;

(b) to remedy for the damage of the consumers if they do not receive the service agreed within the guaranteed period.

MODE 3 Domestic Regulations
5 30

The Department shall:

(a) perform to recall the hazardous goods from the market or to prohibit the distribution of it and to prohibit the hazardous service;

(b) coordinate with the relevant government department in doing so if necessary.

MODE 3 Domestic Regulations
6 31

The Department shall recall the hazardous goods from the market or prohibit the distribution of it and prohibit the hazardous services in any of the following conditions:

(a) the case that it is the hazardous goods submitted by the Office according to the observation of the inspector and the finding of the relevant government departments;

(b) the case that it is hazardous informed by the relevant Committee in respect of the hazardous goods or service reported by the Consumer Protection Working Committee.

MODE 3 Domestic Regulations
7 32

If any entrepreneur who desire to recall the hazardous voluntarily, he shall report the recall and plan to recall of it to the relevant Office at the same time.

MODE 3 Domestic Regulations
8 33

The Department shall issue the procedures in respect of recalling the hazardous goods or services from the market or prohibiting the distribution of them.

MODE 3 Domestic Regulations
9 34

The Department shall issue the correct information to the consumers about taking action in respect of recalling the hazardous goods or services or prohibiting the distributing of them from the market.

MODE 3 Domestic Regulations
10 35

The following persons are responsible for arising the damage of consumers due to the consumption of goods or service:

(a) a seller goods or the entrepreneur who provides services;

(b) a manufacturer of goods;

(c) the person authorized to use the name of the person, a trademark or a distinct mark on goods;

(d) a redistributor who imports goods to the domestic consumers;

(e) the redistributor of goods;

(f) the person who operates services for the domestic consumers at either Myanmar or foreign country.

MODE 3 Domestic Regulations
11 36

If the consumer faces damage for the purchase and consumption of goods or services in the guaranteed period, the following persons are responsible for it:

(a) a seller of goods or the entrepreneur who provides services;

(b) a manufacturer of goods;

(c) the person authorized to use the name of a person, a trademark, or a distinct marks on goods;

(d) a redistributor who imports goods to the domestic consumers;

(e) the redistributor of goods;

(f) the person who operates services for the domestic consumers at either Myanmar or foreign country.

MODE 3 Domestic Regulations
12 37

In any entrepreneur transacts the goods or services to any other entrepreneur, the entrepreneur who transact shall, when any of the following conditions arise, settle the damage in respect of goods or services:

(a) selling originally the goods or service without modification;

(b) trading the goods or services without knowing the modification or the noncompliance with the sample, quality or composition.

MODE 3 Domestic Regulations
13 38

Any entrepreneur who sell the modified or altered goods or services to the consumers is  responsible to settle for the damage of the said goods or services.

MODE 3 Domestic Regulations
14 39

Any entrepreneur shall carry out for the consumers to get spare parts, provide the necessary services after the sale of goods, and act in accordance with the guarantee contained in the agreement during the usable or guaranteed period of goods or services.

MODE 3 Domestic Regulations
15 40

If two or more entrepreneur are responsible for the damage under section 37, 38 and 39, they shall take responsibility jointly or individually.

MODE 3 Domestic Regulations
16 52

The relevant Office may pass one or more of the following administrative orders to any entrepreneur who fails to comply with the duties of the entrepreneur under section 21 or fails to provide the rights claimed by the consumer under section 24, 25 and 27: 

(a) warning;

(b) ordering to remedy;

(c) ordering to provide substitute;

(d) ordering to refund the value of damage.

MODE 3 Domestic Regulations
17 53

The Committee may pass one or more of the following administrative orders to any entrepreneur who violates any provision of this Law except the provisions of sections 21, 24, 25, 27 and prohibitions in Chapter XXIII: 

(a) ordering to provide the prescribed compensation for damage; 

(b) imposing a fine;

(c) prohibiting the sale of the disputing goods or services for a limited period;

(d) coordinating with the relevant government department to revoke the business license temporarily or permanently.

MODE 3 Domestic Regulations
18 63

No entrepreneur shall advertise the following types of advertisements:

(a) the fraudulent advertisements related to the quality, quantity, ingredients, mode of use, price, rate of service and time needed to deliver the goods or service;

(b) the fraudulent advertisements related to the warranty of goods or service;

(c) the advertisements including the false information in respect of goods or service; 

(d) the advertisements that are not informative about the risk of using the goods or service; 

(e) the advertisements using any person or event without the permission of the person concerned; 

(f) the advertisements which are in consistent with the existing laws or ethics:

MODE 3 Domestic Regulations
19 64

No entrepreneur shall make a sale promotion regarding the goods or services by one of the following conditions:

(a) offering to sell the goods with the special price within a period without any plan to sell as the advertised amount or quantity within the specified period;

(b) offering to sell the goods by pledging to pay as a bonus or to provide free services which are unable to provide actually;

(c) offering to sell the goods or services by any way to be disturbed the consumer physically or mentally;

MODE 3 Domestic Regulations
20 65

No entrepreneur shall mislead the goods or services traded by any of the following conditions:

(a) selling the goods or services after modifying or altering; 

(b) stating incorrectly that the goods or services meet with the prescribed standards or quality;

(c) selling the expired goods by modifying or mixing; 

(d) mixing and selling the goods that are of the same type but lower quality, and mixing and selling goods that are of different type and are unfit to be consumed.

MODE 3 Domestic Regulations
21 66

No entrepreneur shall deceive the goods or services traded by any of the following conditions:

(a) being the unusable or unavailable goods or services;

(b) being the goods or service concealing the defectiveness;

(c) disparaging directly or indirectly other goods or services;

(d) exaggerating the information about the goods or services that is not complete and concrete; 

(e) substituting and selling other goods that is different from the offered goods;

(f) increasing the price before the sale promotion;

(g) selling together with the additional goods which are not needed for the consumer without any reasonable ground in purchasing the usable goods.

MODE 3 Domestic Regulations
22 67

No entrepreneur shall produce, trade or sell the following goods or services: 

(a) the goods or services that are not in conformity with the information stated on the label of the goods under the section 41;

(b) the goods or service that are not in conformity with the description in the advertisement and sale promotion;

(c) the goods or services that are not in conformity with the specified standards and norms;

(d) the goods or services prohibited by the Committee with the limited period for disputing.

MODE 3 Domestic Regulations
23 76

The followings at the minimum shall be prescribed at the receipt or proof relating to the services: - 

(a) name of service provider and address; 

(b) provided service and the fees;

(c) guarantee received by the consumer compatible with the provided services; 

(d) eligible period of the provided service.

Mode 3 Domestic Regulations
24 77

The address and information for the after sales service for the purchased goods or services shall be mentioned at the receipt or to be attached with the receipt and provided to the consumer.

Mode 3 Domestic Regulations