INTERNET LAW - Bolivia's New Consumer Law
C.R. & F. Rojas, www.rojas-lawfirm.com
Tuesday, May 12, 2009
Bolivia, for the first time, has a consumer rights law. Supreme Decree No. 0065 of April 3, 2009, regulates users' and consumer's rights for the first time in Bolivian legislation. The Decree stipulates and determines users' and consumer's rights, the competent authority to resolve consumer conflicts, and the proceedings for consumer or user complaints. Following, is a summary of the aforementioned regulation:
The present Supreme Decree is enforceable in the entire Bolivian territory and is applicable to every natural, corporate, private, public, communitarian, and any other person that performs commercial, importation and industrial activities destined to consumers and users in Bolivian territory. This regulation does not diminish municipal and/or state attributions on the matter. Any natural or corporate person that acquires or uses services, products or goods, movable or non-movable, in the condition of final recipient, is considered user or consumer.
Users and consumers have the following basic rights:
1) Freedom of choice regarding products and services within the restrictions of the activity's or area"s regulations.
2) Enjoy the National State's protection regarding user and consumer rights;
3) Access to truthful, reliable and timely information regarding price, conditions and characteristics about the offered products and services.
4) Obtain instruction regarding optimal and responsible use of the product and/or service.
5) Participate and constitute organizations related to user and consumer defense.
6) To not be discriminated arbitrarily by providers of products and/or services.
7) Receive and/or acquire the products and/or services in the conditions, deadlines, form and any other circumstances in which the product and/or service has been offered, agreed upon or advertised.
8) To return a product and obtain its reparation, or the restitution of the infringed right, in a timely fashion.
Private or public corporations in the industrial or services areas are obliged to allow the competent authority, within legal provisions, to enter, verify and inspect the facilities where the products and/or services are elaborated or performed.
The Vice-Ministry of User and Consumer Protection may require to the competent authority the application of sanctions provided by law.
Bolivian, for the first time, has a consumer rights law. Supreme Decree No. 0065 of April 3, 2009, regulates users' and consumer's rights for the first time in Bolivian legislation. The Decree stipulates and determines users' and consumer's rights, the competent authority to resolve consumer conflicts, and the proceedings for consumer or user complaints. Following, is a summary of the aforementioned regulation:
The present Supreme Decree is enforceable in the entire Bolivian territory and is applicable to every natural, corporate, private, public, communitarian, and any other person that performs commercial, importation and industrial activities destined to consumers and users in Bolivian territory. This regulation does not diminish municipal and/or state attributions on the matter. Any natural or corporate person that acquires or uses services, products or goods, movable or non-movable, in the condition of final recipient, is considered user or consumer.
Users and consumers have the following basic rights:
1) Freedom of choice regarding products and services within the restrictions of the activity's or area"s regulations.
2) Enjoy the National State's protection regarding user and consumer rights;
3) Access to truthful, reliable and timely information regarding price, conditions and characteristics about the offered products and services.
4) Obtain instruction regarding optimal and responsible use of the product and/or service.
5) Participate and constitute organizations related to user and consumer defense.
6) To not be discriminated arbitrarily by providers of products and/or services.
7) Receive and/or acquire the products and/or services in the conditions, deadlines, form and any other circumstances in which the product and/or service has been offered, agreed upon or advertised.
8) To return a product and obtain its reparation, or the restitution of the infringed right, in a timely fashion.
Private or public corporations in the industrial or services areas are obliged to allow the competent authority, within legal provisions, to enter, verify and inspect the facilities where the products and/or services are elaborated or performed.
The Vice-Ministry of User and Consumer Protection may require to the competent authority the application of sanctions provided by law.