24 June
THE author had a quick casual glance at three shops close at hand while he was in Mandalay Region on business purpose. A company shop wrote an advertisement in bigger font claiming that the customers can use its products for posterity offering the customers a right and fair price if they are bought. In the same way, nearby another shop described an advertisement saying that the customers can enjoy taste and satisfaction worthier than money they paid. Only when good quality products are chosen and bought, can hygiene and freshness be acquired. The shop selling phones and accessories was named ‘Yone Phu’ and in Myanmar language it means feeling that you don’t believe something or somebody.
Legal consumers’ rights capable of being claimed
We are demanding a variety of rights such as human rights, gender equality, and so on, but it is very rare to find those who are demanding for hygienic foodstuffs free from chemical dyes, clean clothing and cosmetics, and safe and secure cement and steel. Most of the consumers forget to demand consumer rights individually and the consumers have the rights to claim, lodge complaints, remedy and settle the problem. With the use of illegal chemical dyes and durable chemical substances, some businessmen are dealing with foodstuffs, medicines, electrical and telecom appliances, personal goods and industrial materials and they pay attention only to profit regardless of accountability and responsibility with regard to the services such as education, insurance, transport, hotel and catering, beauty parlor, and health which have most impacts on the consumers. For that reason, it is necessary to control these consumer issues. According to the guidelines of consumer protection bodies formed globally, the Department of Consumer Affairs was constituted under the Ministry of Commerce in Myanmar and wide-ranging measures to provide consumer protection are being launched across the country.
The Consumer Affairs Department (CAD) is launching preventive measures for enabling more than 51 million consumers to have easy access to safe and quality goods and services and possess a longer life. It is also giving help to the businessmen in providing goods and services in line with the international norms. For the sake of the interest of the people, the laws are amended and directives are issued if necessary in accordance with globally practicable rules and regulations. In this way, frequent meetings in cooperation with consumers, entrepreneurs, governmental departments, and relevant organizations were held and the solutions were sought in line with the regulations.
Harmonious law meant for competition
The work of consumer protection is to keep a balance of competition between the consumer and the entrepreneurs. On the other hand the consumers should have access to safe and quality goods and services. The consumer protection measure forces the entrepreneurs to manufacture safe and quality goods and provide services together with responsibility and accountability. In doing so, the commodities and services can be expanded not only to the local market but also to overseas one. In case of consumer issue, remedial action can be carried out between the consumers and the entrepreneurs ignoring bias.
The consumers, the human resources of our country, need to be harmony with the entrepreneurs who are trying to improve the country. As regards, the officers and the staff of Department of Consumer Affairs, the intellectuals and intelligentsia from home and abroad made efforts in designing for ensuring the emergence of the consumer protection law to meet the norms of the international one. Previously, the consumer protection law was enacted in 2014. But the consumer protection law capable of guaranteeing that the entrepreneurs can achieve success not only in penetrating into local market but also into foreign one could be enacted with Pyidaungsu Hluttaw Law No 9 on 15 March in 2019. Moreover, the by-law of the consumer protection is in a draft form and soon it will be able to protect the consumers more than they were in the past and the new consumer protection law is going to give much help to the entrepreneurs. According to the newly-enacted consumer protection law (2019), apart from the rights, duties and demand of the consumers, it clearly states the obligations the entrepreneurs will follow.
Rights, duties and demands of the consumers
The consumers enable to use safety of the goods or services and to choose the goods or services and obtain the promised value, terms and conditions and warranty. Moreover, they have the right to completely and correctly obtain the information relating to the condition and warranty of the goods and services. They can claim to hear and settle on dispute related to the goods or services they used and enable to obtain consumer protection and correct settlement. The consumers must avoid false accusation intended to detriment on entrepreneurs and similarly they must avoid the saying, writing and acting in order to detriment on relevant entrepreneurs by mean of media or by other mean while relevant persons is settling the consumer dispute.
If the entrepreneurs fail to live up to their promises as to the goods, the consumers have the right to demand to replace with the quality goods or the compensation can be claimed. With regard to the services, compensation and remedial action can be claimed.
The duties the entrepreneurs to follow
The duties of the entrepreneurs are as follows: they must act the business accord with business ethics; they must give clear and proper information on goods or services; they must treat honestly and properly with non-discrimination to the consumers; they must guarantee the goods or services traded or produced based on stipulated standard and quality; they must provide opportunity to test on goods or services which require to test quality before purchasing; they must take responsibility as guaranteed in respect of damage due to consuming goods or using services during the warranty period; they must take responsibility as agreed terms and conditions if received or used goods by consumer are inconsistent with the agreement; they must comply exactly with the agreed agreement or promise in the agreement in doing service business; they must avoid the saying, writing and acting to cause detriment on the relevant consumer by means of media or by other means while relevant person is settling the consumer dispute.
Prohibition of entrepreneurs
The entrepreneur shall not carry out the production, trade of the followings:
(a) goods that are not in conformity with the information or condition stated on the label, warrantee, distinctive, efficacy, net weight, net volume, total amount, quality, grade, position, mode, style of the relevant goods; (b) goods that are not in conformity with the statement contained in the ingredients of label or advertisement and sale promotion; (c) goods without name, size, net weight, volume, composition, instruction, manufactured date and batch number, expiry date, side effect, poisonous materials, name and address of manufactured company, name of distribution, trademark, information and preparation;(d) goods without stating in Myanmar language or jointly in Myanmar and other language, the information or instruction related to use commencing from the date stipulated by the Central Committee; (e) goods mentioned improperly in respect of place of yield or place of production; (f) goods that are not in conformity with the recommendation of acknowledged department or organization of domestic and abroad; or the prescribed standard; (g) goods that are stated the guarantee of health and nutrition without reference of scientific research finding by the respective organization; (h) goods that are not in conformity with the prescribed standards and norms; (i) service that is not in conformity with stated condition, guarantee, distinct, term, efficacy in respect of the relevant service; (j) service that is not in conformity with the statement contained in the advertisement and sale promotion.
Moreover, the entrepreneur shall not offer for sale, promote sale and advertise with intent of misleading the buyer or user in the following conditions; (a) being goods discounted or fixed special price that are not in conformity with the referred quality standard, style or mode, distinct characteristic, use; (b) being goods that are not in fresh and good condition; (c) making firm sponsor and approval to goods or services of any other company; (d) being goods or services that are not useful or available; (e) being goods or services that the defect and need are concealed; (f) disparaging directly or indirectly other goods or services; (g) using exaggeration not approved with complete information; (h) being goods or services that are sold or given by offering with uncertain promises.
Furthermore, the entrepreneur shall, in selling and buying, not deceive or mislead the consumers with any of the following conditions: (a) stating incorrectly that the goods or services meet the prescribed standard, quality; (b) concealing and stating the need of the goods or services; (c) selling by substituting the other goods which is not the proposed goods; (d) increasing the price of the goods or services before sale promotion of the goods or services; (e) selling by redecorating and mixing the goods that are expired; (f) selling by mixing goods that are similar and lower in quality; and the goods that are different and unsafe to consume.
Besides, the entrepreneur shall not offer for sale, promote sale or advertise on special price within on certain period without arrangement to sell the goods or services within the designated period or according to the amount as offered, promoted sale, advertised. 12. The entrepreneur shall not offer for sale, promote sale or advertise the goods or services if not enable to give actually although promised to give other goods as prize or give service free of charge.
Additionally, the entrepreneur shall not offer for sale, or advertise the goods or services by using any mode which causes annoyance to physical or mental of the consumer. In addition, the entrepreneur shall not advertise the following kinds of advertisement: (a) advertisements that are deceived to the consumers in respect quality of goods, quantity, ingredients in goods, mode of use to goods, price of goods, rate of service and time to be enable to deliver the goods or services; (b) advertisements that are deceived on warranty of the goods or services; (c) advertisements containing false information in respect of goods or services; (d) advertisements that are not informed the risk of using the goods or services; (e) advertisements used on any person or any incident without the permission of the person concerned; (f) advertisements that violate the provisions of Law, ethics. What is more, the entrepreneur or advertiser shall be liable to the consequences of own advertisements.
For these reasons mentioned above, the consumers are required to choose and buy the goods or services in a systematic manner by weighing whether they are safe and hygienic. If losses and damages are found, the consumers should lodge complaints to the Consumer Dispute Settlement Body formed at the different levels of township, district, and region/state. The entrepreneurs are urged to carry out the production and the trade of the goods and services meeting the international norms claiming that they are safe and hygienic by following law, order and directives.
By Naing Oo (DOCA) Translated by Htut Htut (Twantay)
