Forget Password  |  Change Password  |  Create Account
Log In
My Account
Language:

Law on Consumer Proection

 
The Law on Consumer Protection which was passed by the National Assembly on 8 October 2019 during its 3rd session of the 6th legislative term, and whose entire legal form and substance were completely reviewed by the Senate on 18 October 2019 during the extraordinary session of the 4th legislative term, and the whole content of which is as follows:
Chapter 1
General Provisions
Article 1.- Purpose
This Law is aimed at ensuring the protection of consumers and contributing to the promotion of fair competition.
Article 2.- Objective
The objective of this Law is to define the rules and mechanisms for contributing to the creation of the trading environment, in which:
The rights and interests of consumers are protected;
The trading is fairly competitive, and
Consumers and business persons conduct activities together with trust.
Article 3.- Scope
This Law shall be applicable to all persons engaged in business whether for profit making purpose or not, including the sale of goods or services or real rights to property to consumers in the Kingdom of Cambodia, unless otherwise stipulated herein by separate provisions.
Article 4.- Definitions
1. Access refers to the access to goods and real rights to property through gifts, trading, exchange or other agreements and access to services through agreements.
2. Commercial advertisement refers to a public promotion or promotion in any form to a group among the public for the purpose of promoting the supply of goods or services or the sale or grant of real rights to property.
3. Competent regulator refers to any ministry [or] institution whose function and role is to protect the legitimate rights and interests of consumers under its responsibility.
4. Business refers to activities:
In which goods or services have been received or supplied, or whose real rights to property have been received or waived or;
Which are conducted in an organized and clear manner, or
In which the person undertakes the activity with a profit-making purpose, although the activity carried out by the person is a primary or secondary activity or not conducted on a regular basis.
5. Consumer refers to a person who receives goods or services:
A. Which are used ordinarily for personal, domestic or household purposes and 
B. For the purpose of:
Not for further supply in dealing, or
Not for use in production chain or production process, or
Not for use of the goods for commercial activities, such as for building repairs or for use as fixtures on property.
6. Consumer rights refer to:
The right to access information and education in order to distinguish the difference between goods or services and to prevent fraud and fraudulence by commercial advertisement;
The right to choose goods or services with competitive prices and quality;
The right to be heard on concerns and to examination and settlement by competent regulators and the Royal Government;
The right to claim compensation under this Law or other laws.
7. An act refers to an action, denial or ignorance of any act, including the management or leading of business activities.
8. Disclosure of information refers to the act of making sufficient and accurate information public.
9. E-commerce refers to any trading, tenancy or exchange of goods or services, including commercial and civil activities, as well as state activities and transactions carried out electronically.
10. Fair competition refers to any competition on the basis of low cost, good quality and good service based on the principles of long-term economic sustainability and of no abuse of power or superior position on the market.
11. Misleading representation refers to any representation whereby a person who is conducting any business activity convinces the consumer that something is true while it is actually untrue.
12. A person refers to a natural person or legal entity that is duly established or organized under the law in force, whether for profit or not, registered or unregistered.
13. Dissemination of information refers to the act of making something known to the general public, including the dissemination via the homepage of relevant regulators or via other means through which the public is able to find information freely and without interruption.
14. Service refers to any rights, benefits, priorities or facilitation provided or offered under the following types of contracts, except for non-bank financial services:
A. Contracts relating to:
The work performance irrespective of the supply of goods.
The provision of convenience or satisfaction with convenience including accommodation, leisure, care for people, animals or other objects, recreation (excluding commercial games), parking or entitlement, benefit or priority to be paid.
B. Contracts between financial service providers and their clients.
15. Supply refers to:
The supply of goods by way of gift, sale, exchange, tenancy, or purchase by instalment payment and
The provision of services.
16. Multiple supply refers to:
Multiple supply on a permanent basis of goods by gift, sale, exchange, tenancy or purchase by instalment payment; and
Multiple service provision.
17. Trade description refers to the display or description of goods, including the quantity or size, how it is made or produced, the substance used for production, its production time, suitability, durability, function, nature or accuracy, and the characteristics of appearance attached to the goods. Trade descriptions do not include marks or trade names.
18. Unfair act refers to any act of a person in the business which may be misleading or deceptive, whether intentionally or not, to the consumers.
Act or representation such as advertising, sales promotion, and other representations;
Misleading of consumers regarding the cost, price or quality of the goods or services. A person in business cannot rely on hard-to-read small print and labels and misleading claims for self-defence to avoid liability;
Failure to present to consumers promises, expectations and relevant information;
Taking advantage of the consumers if the supplier is aware that the consumers are not in a position to protect his or her interests or are incapable of understanding the goods or services, such as the  characteristics, type, language, effect of the transaction or any problem related to the transaction, or 
Other acts determined by the Prakas of the Ministry of Commerce.
Flag Counter
Copyright © 2016 by Pheakdey Law. All rights reserved.

សម្រាប់ព័ត៌មានបន្ថែមសូមទំនាក់ទំនងតាមរយៈអស័យដ្ឋានអ៊ីម៉ែល៖ info@pheakdeylaw.com

Visitors: 57285108, Online: 3781, Today: 36617, Yesterday: 50078, This week: 274365
Web Design: CITA