Government of the Republic of the Union of Myanmar
Ministry of Commerce
Notification No. 9/2022
(The 2nd Waxing Day of Pyatho, 1383 M.E)
(18th January, 2022)
The Ministry of Commerce is exercising the power conferred under section 83, sub-section (a) of the Consumer Protection Law, the following rules are promulgated with the approval of the Union Government.
Chapter (1)Name and Definition
1. These rules shall be called the Consumer Protection Rules.
2. The words prescribed in this Consumer Protection Rules shall be defined as in the Consumer Protection Law. In addition, the following expressions shall have the following meanings: -
(a) Law means The Consumer Protection Law.
(b) Laboratory means laboratories of relevant government departments and international recognized laboratories which are providing testing for goods with regard to the consumer protection.
(c) Working Committee means the Consumer Protection Working Committee formed by the Commission to support the implementation of the duties prescribed under the Law.
(d) Complainant means an individual or an organization, send the complaint together with the evidence documents to the Office due to the damage under the section.
(e) Form means the forms prescribed under this rules
Chapter (2)Research over Consumer Protection Activities
3. The Department -
(a) shall perform making research and survey for the data collection for the consumer protection relating to the goods or services by types of the goods or regionwise or sectorwise;
(b) may cooperate with the relevant government department, government organization, university, college, science, school, association in accordance with the sub-rule (a);
(c) shall, the report of findings from the research and the survey in accordance with the sub-rule (a), submit to the Commission, if necessary;
(d) may distribute the findings from the survey and the research.
Chapter (3)Formation of the Commission and Convening the Meeting
4. The Ministry shall carry out the following activities to form the members who are not civil service personnel in the Commission: -
(a) collecting the name of the representatives from the Consumer Protection Association;
(b) listing the names of consumer protection expert.
5. The non-civil government members shall: -
(a) be a Myanmar citizen who lives in Myanmar;
(b) have good reputation and healthy in physically and mentally;
(c) be a person who shall have fair view and non-aligned;
(d) be a person with the subject of law, economics or an expert and knowledgeable for the consumer protection with regard to the goods or services.
6. The term of the Commission is same as the term of the Government.
7. When any of the following matters is arisen due to the non-civil service member of the Commission, shall be terminated with the approval of the Chairman of the Commission: -
(a) action carried out which effect the reputation of the Commission;
(b) leaking or attempting to leak or deface a project or plan or subject matter that sets a security level;
(c) misappropriatly use of any rights or own’s duties and responsibilities of a member of the Commission for personal interest;
8. The Chairman of the Commission shall appoint a member of the Commission if there is a vacancy or need to appoint a new member either from the Union level government department or government organization or from the Consumer Protection Association or an individual among consumer protection experts for a new member of the Commission may be appointed to fill the vacancy with the approval of the Cabinet.
9. The term of the substituted non-civil service member of the Commission is the same as the remaining term of the Commission.
10. If the vacancy is the position of the Chairman of the Commission, the Vice-Chairman shall take the responsibilities before the new appointment can be made. If the vacancy is the position of the Vice-Chairman, the Chairman of the Commission shall appoint any suitable member temporarily.
11. In the meantime, the Department may, with the approval of the Ministry, make decisions on special matters relating to consumer protection before the expiration of the term of the Commission. Approval must be obtained after the Commission is reconstituted.
12. The meeting of the Commission shall be held at least once a year. If necessary, a special meeting shall be convened.
13. A quorum is present if more than half of the members of the commission attend the meeting. The meeting shall be adjourned to the appropriate date if the quorum is not presented.
14. The Chairman of the Commission shall act as Chair of the meeting. When the Chairman is unable to attend, the Vice-Chairman shall act as the Chair of the meeting.
15. The resolution of the Commission’s meeting shall be made after consultation. If the resolution is not reached, it shall be decided by a vote of the members of the Commission presenting at the meeting. Proxies of the Commission members shall not have the right to vote.
16. The resolution made from the meeting shall not be objected or refused or amended by the member who did not attend the said meeting. The resolution made at the meeting shall be deemed to be approved by all members of the Commission.
17. The Commission may invite non-member personnel from Government Department, Government Organization and subject experts to participate in the meeting, if necessary. These invited persons shall not have the right to vote in matters decided by vote.
18. If the matter which discussed at the Commission meeting is conflict of interest to the any member of the Commission, the said member shall not have the right to participate in decision making.
Chapter (4)Formation of Working Committee
19. The Commission shall: -
(a) form the working committees with at least five members as per sub-section (k) of section 12 of the Law. It can be re-organized if necessary.
(b) the working committees can be formed as per relevant sectors or Union Territory or Region or State.
20. The non-civil service member of Working Committee:
(a) must be a Myanmar citizen who resides in Myanmar.
(b) is having good attitude and must be healthy in physically and mentally;
(c) must be non-aligned and fair view person;
(d) must have expertise and knowledge in the field of consumer protection and have experience in the field of consumer protection.
21. The member of Working Committee: -
(a) shall avoid to involve in the works, activities or performances which affect or can be affected the reputation of the Working Committee;
(b) shall focus the mutual respect each other and understanding among the members;
(c) shall abstain from misuse of duties and power;
(d) shall be kept the disclosures and discussions that should not be leaked to the outside;
(e) shall keep as per security level for the business information and the documents;
(f) shall abide the rules and regulations set by the Commission from time to time.
Chapter (5)Forming the Consumer Affairs Committee and Convening the Meeting
22. The Commission shall form the Consumer Affairs Committee of Region or State with the following personnel in the number of five up to nine with odd number to carry out consumer protection activities, to settle the dispute occurs between the consumer and the entrepreneur: -
| (a) | Minister assigned by the Region or State Government | Chairman |
| (b) | A person assigned by the Region or State Government | Vice-Chairman |
| (c) | A person assigned by the Region or State General Administrative Department | Member |
| (d) | A person assigned by the Region or State Police Force | Member |
| (e) | Head of Region or State Consumer Affairs Department | Secretary |
23. The Commission shall form the Union Territorial Consumer Affairs Committee with the following personnel in the number of five up to nine with odd number to carry out consumer protection activities, to settle the dispute occurs between the consumer and the entrepreneur: -
| (a) | Nay Pyi Taw Council Member | Chairman |
| (b) | A person assigned by the Nay Pyi Taw Council Member | Vice-Chairman |
| (c) | A person assigned by the Nay Pyi Taw Development Committee | Member |
| (d) | A person assigned by the Nay Pyi Taw Police Force | Member |
| (e) | Head of Nay Pyi Taw Consumer Affairs Department | Secretary |
24. Commission may, if necessary, reform the Committees which were formed under the Rule 22 and Rule 23.
25. A non-civil service Committee member: -
(a) must be a Myanmar citizen who resides in Myanmar.
(b) is having good attitude and must be healthy in physically and mentally;
(c) must be non-aligned and fair view person;
(d) must have expertise and knowledge in the field of consumer protection and have experience in the field of consumer protection.
26. The term of the Committee is the same as the term of the Government.
27. A Committee member shall automatically terminate his/her membership in the Committee when any of the following occurs: -
(a) deceased;
(b) resigned voluntarily;
(c) lack of fitness for no longer performing his/her duties which are diagnosed by the doctor or medical team designated by the Ministry of Health;
(d) a punishment due to the crime with regard to the attitude;
(e) inability to fulfill the assigned duties;
28. The Chairman of the Committee may terminate the membership of the Committee with the approval of the Commission if a non- civil service Committee member commits any of the following actions: -
(a) committing any situation which is detrimental to the reputation of the Commission or the Committee or disclosing at any outside places;
(b) leaking or attempting to leak or deface a special matters or important matters of the Commission or Committee or project or plan or subject matter that sets a security level;
(c) misusing for the self-interest by using the any power or rights of the Committee member;
29. The Chairman of the Committee shall submit to the Commission the list of the members of the Committee to be appointed to fill the vacancies of the non-civil service Committee members within 45 days from the date of the vacancy.
30. The term of the newly appointed non-civil service member shall be the same as the remaining term of the predecessor member. The substitution must be made at least six months of the term of the predecessor is left.
31. The regular meeting of the Committee shall be held at least quarterly. A special meeting will be convened if necessary.
32. A quorum is present if more than half of the members of the Committee attend the meeting. The meeting shall be adjourned to the appropriate date if the quorum is not presented.
33. The Chairman of the Committee shall act as Chair of the meeting. When the Chairman is unable to attend, the Vice-Chairman shall act as the Chair of the meeting.
34. The resolution of the Committee’s meeting shall be made after consultation. If the resolution is not reached, it shall be decided by a vote of the members of the Committee presenting at the meeting. Proxies of the Committee members shall not have the right to vote.
35. The resolution made from the meeting shall not be objected or refused or amended by the member who did not attend the said meeting. The resolution made at the meeting shall be deemed to be approved by all members of the Committee.
36. The Committee may invite non-member personnel from Government Department, Government Organization and subject experts to participate in the meeting, if necessary. These invited persons shall not have the right to vote in matters decided by vote.
37. The Secretary of the Committee shall distribute the meeting minutes to the Committee members who attend the meeting and keep the record systematically.
38. The meeting place, date and time and the meeting agendas shall be announced in advance before the meeting by the Secretary of the Committee.
39. The Committee members: -
(a) shall avoid to involve in the works, activities or performances which affect or can be affected the reputation of the Working Committee;
(b) shall focus the mutual respect each other and understanding among the members;
(c) shall abstain from misuse of duties and power prescribed under the Law and the Rules;
(d) shall be kept the disclosures and discussions of the Committee’s meetings that should not be leaked to the outside as per resolution;
(e) shall avoid the disclosure of the information about the action taken by the administrative measures or the decision on the appeal before the announcement by the Committee;
(f) shall keep as per security level for the business information and the documents;
(g) shall abide the rules and regulations set by the Commission or Committee from time to time.
40. The Commission: -
(a) may define the duties and form the Consumer Protection Committee of Autonomous Region or Self-Administered Area by appointing the Chairman to the relevant person designated by the authority of the Self-Administered Division or Self-Administered Area and the person appointed by the Department as a Secretary, to carry out the consumer protection matters with three to five members;
(b) may define the duties and form the District Consumer Protection Committee, chaired by the District General Administration Officer as a Chairman and the person appointed by the Department as a Secretary, to carry out the consumer protection matters with three to five members;
(c) may reform the Committees formed under Sub-Rule (a) and (b).
Chapter (6)Forming an Investigation Team and Conducting an Investigation
41. The Committee may form an investigation team consisting of the following persons to investigate the cases whether having fraudulence with the view to prevent for causing enormous damage or hazardous goods or services to the consumers:-
| (a) | An officer not lower than the rank of Gazetted Officer assigned by the Chairman of the Committee | Team Leader |
| (b) | Representatives from relevant Government Departments and Government Organizations | Member |
| (c) | A subject expert relating to the goods or Services | Member |
| (d) | A member of the relevant Committee | Secretary |
42. An investigation team, if necessary, may have authority to investigate the relevant persons, to collect the evidences or documents and taking copies while investigating for whether having fraudulence with the view to prevent for causing enormous damage or hazardous goods or services to the consumers.
43. The investigation team: -
(a) shall fill the Goods/Services Investigation Form (Form (1)) when receiving the evidence obtained under Rule 42;
(b) shall submit the report to the relevant committee in a timely manner regarding the findings of the investigation;
(c) shall attach the evidences and documents to the report while submitting as per sub-rule (b).
44. The member of the Investigation Team: -
(a) shall avoid to involve in the works, activities or performances which affect or can be affected the reputation, the functions and the duties;
(b) shall abstain from misuse of functions, duties and power;
(c) shall ensure the security of the business information and documents of the Investigation Team;
(d) shall abide by the rules set by the Commission or Committee from time to time.
Chapter (7)The Role of the Inspector
45. If the inspector suspects for the danger, he/she shall get the sufficient amount of sample of the goods either from the market or before selling in the market. In doing so, the sample product can be obtained either paying the cost of goods or free of charge.
46. The inspector shall follow the rules and regulations while monitoring the market with the view to protect the consumer's rights, monitoring and investigating the goods, removing hazardous goods from the market.
47. The inspector shall take action within the area assigned to monitor and investigate the goods or services.
48. The inspector may, when the case occurred to be investigated beyond the assigned area, cooperate with the relevant Office of that area.
49. The inspector has the right, the information of hazardous goods or services from other area to disseminate in such area.
50. The inspector, when receive the complaint from the consumer, when the investigation is carrying out with regard to that goods or services: -
(a) shall investigate the facts filled in the Complaint Form (Form 2) whether correct or not;
(b) shall investigate the step by stpe process of the condition of the purchasing and consuming of goods or services;
(c) shall submit the report to the Office with regard to the findings on investigation.
51. The inspector, while taking the sample of the goods:-
(a) shall be obtained at least two of the following places in relation to the market monitoring:-
(1) a place of goods sold;
(2) a place of goods produced;
(3) a storage place of the goods.
(b) shall be obtained at least two of the following places in relation to the case of consumer’s complaint:- -
(1) a place where the consumer had purchased;
(2) other place of goods sold;
(3) source of distribution of the goods;
(4) a place of goods produced;
(5) a storage place of the goods.
52. The inspector: -
(a) shall obtain the sample of goods with the witness of entrepreneur and relevant government department, staff from the government organizations or other witnesses. While taking the sample, the photo record, documents record, video record, electronic records can be collected as evidences.
(b) The sufficient quantity shall be counted or weighed and recorded when collecting the sample of goods and shall be sealed with lac or any mark affixed with the stamp of the relevant Office.
(c) shall obtain the sample in accordance with the instruction of the laboratory when it is required to test the sample at the laboratory;
(d) shall pack the sample goods in front of the witnesses and affixed the completed Form (Form (3)) which to be affixed on the sample goods;
(e) may seek the help from the expert for the potential hazardous goods while it is transporting or handling.
53. The size, type and colour of the sticker form (Form 3) to fix on the sample goods are as follows: -
(a) 10 centimeter length and 7.5 centimeter width;
(b) water proof sticker type;
(c) yellow paper.
54. The inspector shall submit the report to the Office with the Market Monitoring Report Form (Form 4) after completion of the market monitoring activities.
55. If the market monitoring and investigation is done by the cooperation with the relevant government departments leading by the inspector, the Investigation Report Form (Form 5) shall be completed and shall submit to the Office.
Chapter (8)Step by Step Actions Taken for Recalling or Prohibition
56. The inspector shall, when the following situations of goods or services are occurred to recall from the market, temporary suspension of distribution or permanent prohibition, submit the report to the Office: -
(a) self monitoring by the inspector;
(b) the finding of investigation or report or information released by the relevant government department;
(c) the result of the laboratory test;
(d) notification made by the relevant Committee;
(e) complaint;
(f) prohibition by the relevant government department.
57. The Office, taking action under the Rule 56, shall submit the report together with the result of the potential hazardous, to the Department.
58. The Department shall, when receiving the report submitted by the Office as per Rule 57, examine and decide on the hazardous goods or services either recall from the market or temporary suspension or permanently prohibition.
59. The Office shall assign to the inspector to administer the entrepreneur to follow the decision made by the Department in accordance with the Rule 58.
60. The inspector who is assigned under Rule 58: -
(a) shall carry out the action by completing the Drawback Form (Form 6) if the decision has been made to recall from the market;
(b) shall carry out the action by completing the Temporary Suspension Form (Form 7) if the decision has been made to suspend temporarily from the market;
(c) shall carry out the action by completing the Permanent Prohibition Form (Form 8) if the decision has been made to prohibit permanently for the distribution in the market;
61. The Department, to ensure the safety and security of the goods, shall scrutinized the submission of the entrepreneur wishes to modify or recall the goods voluntarily.
62. The entrepreneur shall, with the view to have safety and free from the danger of the goods, recall voluntarily or recall from the market due to the temporary suspension or permanent prohibition or the services under temporary suspension or permanent prohibition, bear the any related cost as such.
63. The entrepreneur shall, after recalling the goods voluntarily with the view to have safety and free from hazardous and after repairing in accordance with the instructions and re-distribution has been made, submit the report to the Department.
64. The entrepreneur shall, after recalling the goods as per instruction and after repairing in accordance with the instructions and re-distribution has been made, submit the report to the Department.
65. The Department may allow re-distributing after checking the application as per Rule 64.
66. The entrepreneur shall, after repairing the goods or services which was temporarily suspended with the view to have safety and free from hazardous, submit the application to the Department to revoke the order of temporary suspension.
67. The Department may allow re-distributing after checking the application as per Rule 66 by revoking the order of temporary suspension.
68. Although the Department has decided to recall or impose a temporary suspension or permanent prohibition for the dangerous goods or service, if it is still found in the market, the Office shall submit the report to the relevant Committee for action taken against the entrepreneur.
69. The Department shall cooperate and coordinate with the relevant government departments and government organizations for the permanent prohibition for the goods or services which are hazardous to prohibit permanently in the market.
70. The Department may, if necessary, infom to the ASEAN Committee on Consumer Protection0 ACCP, respective country, international and regional organizations for consumer protection about the recall or prohibited goods or services with the evidence documents to take action for recall or prohibition.
71. The Department, when it is found the hazardous imported goods or services provided by the foreign countries: -
(a) shall liaise with that respective country for such manufactured goods or provided services;
(b) shall disseminate the information to prevent further distribution and taking required action within those foreign countries to the respective country, international organization or regional organization;
72. The procedures issued by the Department shall be followed in carrying out the recall of a hazardous goods or service from the market or temporary suspension or permanent prohibition.
Chapter (9)Announcement regarding the Actions
73. The Department may, if necessary, make the public announcements through the following social medias: -
(a) decisions of the Court under this Law;
(b) decision the Commission upon appeals;
(c) administrative actions taken by the Committee;
(d) administrative actions and settlements by the Offices;
(e) settlements by the relevant government departments and government organizations with regard to the consumer protection.
74. The Department may assign to the Office to make public announcement through the social medias regarding to the facts under Rule 73.
Chapter (10)Provisions of Receipt or Proof
75. The followings at the minimum shall be prescribed at the receipt or proof relating to the goods: -
(a) name of the goods;
(b) date of purchase;
(c) quantity, amount and value of the purchased goods;
(d) the seller of the goods or the name of the shop and its address;
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.
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.
Chapter (11)Complaints Screening and Mediation
78. A person who wants to file a claim for damages in connection with a goods or service, may file a complaint at the relevant Office or a place designated by the Department. In filing their complaint, the Complaint Form (Form 2) must be completed with the information and attached the evidence or the documents.
79. The Office, when receive the complaint: -
(a) shall make record for the consumer’s complaint;
(b) if the evidence of the goods is perishable and difficult to examine, shall take the electronic record of such goods;
80. Nontheless of the following circumstances, the Office shall investigate the complaint: -
(a) the decision has been already made by the Committee for the respective complaint;
(b) the complaint which was taken action or under processing by the Department or Office in accordance with the Law, Rules and Regulations;
(c) the complaint already filed at the any relevant government department or government organization;
(d) the complaint which does not breach the rights of the consumer;
(e) the cases which is under the process of hearing at the court and appealing or amending to the court’s decision;
(f) the final decision has been made by the Court for the case.
81. The Office receiving the complaint:
(a) must be examined in detail status of the information received on the complaint form (Form (2)), the evidence or documents presented with the complaint.
(b) may be required from the complainant, if required additional evidence or documents, depending on the type of product or service.
(c) the inspector may be assigned if necessary to investigate the complaint when the inspector reports on the investigation, action shall be taken as necessary based on the findings.
82. If the Office fails to submit the required evidence or document during the investigation of the complaint, the case shall be considered as a suspended case.
83. The Office shall close the complaint and record it in case of any of the following circumstances regarding the suspension case under Rule 82:
(a) the complainant did not send the required evidence or document within the date specified by the Office of the Director;
(b) the Office may contact the complainant to send additional required evidence or documents but cannot be contacted.
84. The Office shall review the complaint in the Region or State, where the complainant and the complainant are located. If there is no Union Territory, the following actions shall be taken:
(a) in relation to the complaint, the complainant’s information about the address that he/she wants to receive and accepts;
(b) if it is difficult for the complaining businessman to come to the place of complaint in relation to the complaint, if it is difficult to send a representative, depending on the report to the Office, the relevant Office shall coordinate with each other.
(c) the Office where the complainant's entrepreneur is located investigates the business of the complaining business in relation to the complaint;
(f) coordinating the findings and coordination solutions under Rule 87 in relation to the investigation to the Office.
85. The Office shall review the following initial inquiry points regarding the complaint:
(a) Personal information of the complainant (name, registration number, address, telephone number);
(b) reason for complaint;
(c) the time of occurrence;
(d) place of occurrence;
(e) subject to be resolved.
86. The Office shall direct the Inspector to investigate the complaint as follows:
(a) asking whether it is in accordance with the content written by the complainant in relation to the inquiry under Rule 85;
(b) having the complainant himself confirm that the statement of the complainant is true;
(c) clarifying the complainant regarding the matter to be resolved.
87. To resolve a complaint:
(a) the Office may, in consultation with the complainant and the complaining entrepreneur, determine the date and time of the settlement;
(b) the Office may, for a second time, set the date and time of the settlement if the other party is unable to come within a reasonable date and time specified in sub-rule (a);
(c) the complainant or the complaining entrepreneur may delegate if necessary;
(d) the Office shall act in accordance with sub-section (d) of section 46 of the law if the complainant does not come to the summons within the date and time specified in sub-rule (b).
88. The Office shall coordinate with the relevant government department, may request a recommendation or approval from a government agency or association.
89. If both the complainant and the complaining entrepreneur reach an agreement regarding the settlement, the agreement on Form (Form (9)) must be signed.
90. The complainant and the complaining entrepreneur must implement the terms of the agreement within a specified date.
91. The Office shall refer the complaint to the relevant government department, which shall take action according to any other existing law. It must be handed over to government agencies.
92. In accordance with Rule 91, the relevant government department request from government agencies.
93. The Office shall report to the Department and the Committee on the implementation of Rule 92.
94. The Office shall systematically record the evidence or document attached to the complaint.
95. The Office:
(a) in the negotiation process, if there is an agreement between the complainant and the complaining entrepreneur, a systematic record shall be made;
(b) if the parties between the complainant and the complaining entrepreneur do not reach an agreement during the settlement, the case file shall be kept separately for further submission to the relevant committee;
(c) the case file separately recorded under sub-rule (b) shall be submitted in a timely manner so that the relevant committee can decide.
96. If the Office is within the jurisdiction of the committee in investigating the complaint, it shall submit the evidence or document related to the case to the Committee.
97. In relation to the settlement of consumer complaints, in order to decide on the appeal, the relevant committee shall review the case file and the evidence. The Office shall systematically transfer the documents upon request.
98. The Committee deals with consumer complaints submitted by the Office:
(a) scrutinizing the dispute upon receipt of the case file, hearings must be conducted and making decision;
(b) if necessary, the Committee shall arrange to hear the statements of the complainant or the complaining entrepreneur within 14 days from the date of receipt of the case file submitted by the Office;
(c) in order to carry out the hearing matters under sub-rule (b), the Committee shall send a summons to the complainant and the entrepreneur mentioned in the complaint.
(d) the notice sent under sub-rule (c) shall specify the date and time of arrival.
(e) proof of receipt of the letter from the complainant and the complaining entrepreneur when sending the notification letter;
(f) any person on either side of the complainant, the notice shall be sent to that person in accordance with the procedures contained in sub-rule (c), (d) and (e);
(g) the complainant or the complaining entrepreneur may, if necessary, assign a representative;
(h) if the complaining entrepreneur or his legal representative is unable to attend the summons within the specified date and time, he has the right to make a unilateral decision.
99. The committee shall inform the complainant and the complaining entrepreneur of the decision regarding the consumer complaint.
Chapter 12Remedies for Loss
100 The Office shall, in making administrative orders under Section 52 of the Law, shall issue the Administrative Order Form (Form (10)) issued by the Office.
101. The complaining entrepreneur shall take action within the time prescribed by the Office in respect of the action taken under Section 52 of the Law.
102. The Office shall complete the original of the following forms in the registration book and keep it in the relevant file folder and give a copy to the complainant and the complaining entrepreneur:
(a) form of agreement under Rule 89 (Form (9));
(b) form of management order issued by the Office of the Director General under Rule 100 (Form (10)).
103. The Committee shall make administrative orders under Section 53 of the Law in the form of Management Order issued by the Committee (Form (11)).
104. The committee shall complete the original form of management order (Form (11)) issued by the committee in accordance with Rule 103 in the registration book and keep it in the relevant folder and give a copy to the complainant and the complaining entrepreneur.
Chapter 13Action to be Taken
105. The relevant office is responsible for taking the following actions as to whether the complaining entrepreneur complies with any of the management orders set by the committee within the specified date:
(a) having the complaining entrepreneur inspect the inspection officer to see if he complies with any management order set by the committee within the prescribed date;
(b) having the inspection officer inquire about any delay in complying with any management order set by the committee within the prescribed date;
(c) submitting to the Department to sue the complaining entrepreneur in the relevant court if the committee decision is not complied with within the stipulated time.
106. The Department shall assign the relevant Director General's Office to file a complaint if the situation arises to take action against the entrepreneur who violates any prohibition in the law.
107 The Office shall take the following actions in connection with the matter to be filed:
(a) submission to the relevant committee;
(b) submitting the situation to the Department.
108. The Office shall report weekly to the relevant committee and department on the progress and completion of the litigation.
109. The Office shall obtain the sample goods required for litigation by the Inspector General and fill in the Sample Goods Collection Form (Form 12) and the Quantity Record Form found on the market (Form 13).
110. The Office shall keep the relevant documents and other evidence relevant to the court in order to file a lawsuit.
Chapter (14)Appealling Process
111. A person dissatisfied with the management order issued by the Office of the Director General may appeal to the Committee with the following facts:
(a) a true copy of the management order issued by the Office of the Director;
(b) the original text in the prescribed appeal form (Form (14));
(c) Evidence and documents.
112. With regard to the appeal filed under Rule 111, the Committee shall:
(a) request to the Office if necessary information or evidence.
(b) notice to resolve the appeal and confirm the decision shall be sent to the appellant within 14 days from the date of receipt of the appeal.
(c) make decision on the statement of the complainant and the complainant businessman and the report of the investigation team of the Office of the Director, can be scrutinized and approved.
(d) approv the decision of the Office on the appeal, an appeal shall be made only on the order made under section 52 of the law in making amendments or deletions.
(e) the decision shall be notified to the Office and related persons within five business days.
113. A person who is dissatisfied with the decision made by the committee may appeal to the commission with the following facts:
(a) a true copy of the administrative order issued by the Office and the decision of the appellate committee or the decision made by the relevant committee;
(b) the original text in the prescribed appeal form (Form (14));
(c) Evidence and documents.
114. The Chairman of the Commission may form and assign the scrutiny and decision-making body with the appropriate members of the Commission.
115. According to Rule 113, the Commission shall make a record of the appeal at the nearest meeting of the Commission.
Chapter (15)The role of consumer protection organizations
116. A consumer protection organization can conduct consumer protection awareness campaigns in the following ways:
(a) Carrying out through public communication means;
(b) educating and discussing;
(c) holding commemorative days and ceremonies;
(d) Distribution of information books and pamphlets;
(e) conducting research and disseminating information and discussing; Educate Advocacy
117. A consumer protection organization is responsible for assisting in the restoration of consumer rights in connection with a complaint of consumer rights violations.
118. The Consumer Protection Association:
(a) shall coordinate with the Department in disseminating consumer protection information;
(b) shall submit the information and the statistics provided by the department and the relevant government department available to the public, to the government agencies;
(c) shall disclose the information and distribution of statistics that has not been verified by any government agency and relevant government department;
(d) shall disclose to any person for the information that is intended to damage the reputation of an organization or organization, inclusion and dissemination of inaccurate information.
119. Anyone wishing to form a Consumer Protection Association may consult with the Department regarding the area or process in which they wish to form a Consumer Protection Association.
120. The Department is in compliance with existing laws and regulations. In order to form consumer protection associations in accordance with the rules, the relevant government departments, Coordinate with government agencies.
121. Consumer protection organizations should not do the following:
(a) carrying out other activities other than consumer protection matters;
(b) misusing the provisions of the law in carrying out consumer protection activities and deviating from the purpose of the law;
(c) in carrying out consumer protection activities, not for the benefit of the consumer as a whole, but for the benefit of any individual; Performing an activity that supports the interests of any organization.
122. If the Consumer Protection Associations carry out the matters prohibited by Rule 121, the Ministry shall, in accordance with the relevant government department, the government must be notified to take action.
123. The Consumer Protection Association shall notify the Department in a timely manner to take action on any complaints regarding products or services deemed to be hazardous.
Chapter (16)General
124. Expenditures related to consumer protection issues should be used only for that purpose. The Commission shall determine the rates to be used for consumer protection cases; Payments; Management costs and expenses must be borne in accordance with financial regulations.
125. A non-civil servant commission member may attend a meeting on consumer protection; Travel and accommodation expenses for court hearings and accommodation will be covered by the Department's budget.
126. Decent price for consumer protection expert Travel expenses Accommodation and food expenses shall be paid from the budget of the Department.
(Sd/) Dr. Pwint San
Union Minister
Ministry of Commerce
