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No.

10.

Particulars

Chapter I

Title, Enforcement and Definition

Chapter II

Objectives

Chapter III

Formation of the Commission

Chapter IV

Powers, Functions and Duties of the Commission

Chapter V

Powers, Functions and Duties of the Department

Chapter VI

Functions and Duties of the Inspector

Chapter VII

Formation of the Consumer Affairs Committee

Chapter VIII

Powers, Functions and Duties of the Consumer Affairs

Committee

Chapter IX

Rights and Duties of the Consumer

Chapter X

Duties of the Entrepreneur

Page

No.

11.

12.

13.

14.

15.

16.

17.

18.

19.

Particulars

Chapter XI

Guarantee of Goods

Chapter XII

Consumer’s Entitlement to Guaranteed Goods

Chapter XIII

Guarantee of Service

Chapter XIV

Consumer’s Entitle to guaranteed Services

Chapter XV

Safety of Goods or Services

Chapter XVI

Recalling the Hazardous Goods from the Market or

Prohibiting the Distribution of it and Prohibiting the

Hazardous Service

Chapter XVII

Liability for Goods of Service

Chapter XVIII

Labelling of Goods

Chapter XIX

Complaint and Mediation

Page

No.

20.

21.

22.

23.

24.

25.

Particulars

Chapter XX

Taking Administrative Action

Chapter XXI

Appeal

Chapter XXII

Consumer Protection Associations and their Actives

Chapter XXIII

Prohibitions

Chapter XXIV

Offences and Penalties

Chapter XXV

Miscellaneous

Page

The Consumer Protection Law

(The Pyidaungsu Hluttaw Law No.9, 2019)

(The 10th Waxing Day of Taboung, 1380 M.E)

(15th, March 2019)

The Pyidaungsu Hluttaw hereby enacts this Law.

Chapter I Title, Enforcement and Definition

1. (a) This Law shall be called the Consumer Protection Law.

(b) The provisions contained in Chapter XVIII of this Law shall come into force commencing

from the date of completion of one year after the promulgation of this Law. The provisions

contained in the remaining Chapters shall come into force from the date of promulgation of

this Law.

2. The following expressions contained in this Law shall have the meanings given below:

(a) Consumer protection means the protection of the rights and interests of the consumer in

respect of goods or services, and the fair procedures between a consumer and an

entrepreneur specified by the Commission and levels of Committees;

(b) Consumer means a person who purchases, uses, obtains, rents or receives the goods or

services not for trading or vocation but for the purpose of personal consumption, or another

person;

distribution, storage, transportation, sale, processing, exportation, importation, resale of

goods, or supply of goods, or providing services or advertisement;

(d) Goods means objects that are purchased, used or consumed aiming at a consumer or other

persons. In this expression, the financial negotiable instruments, stocks and shares,

debentures and money, etc. are also included;

(e) Service means an act which fulfills the need of a consumer in the form of work or

performance with or without consideration;

(f) Trade means an act which determines the value of goods or services aiming to obtain the

profit;

(g) Fraud means an act with the intention of misleading the consumer relatedto goods or

services through the wrong statement, false advertisement or dishonestly;

(h) Deception means an act that misleads a consumer about the natural quality, production or

quantity related to goods or services;

2 (i) Advertisement means an act aiming to know a consumer related to goods or services by

means of writing, oral, expression, sound or other way;

(j) Sale promotion means an act made by means of one or more methods in order to increase

the knowledge and use of consumer related to goods or services;

(k) Damage means a detrimental act of physical or mental condition, dignity,reputation or any

possession of the consumer related to goods or services;

(l) Labelling means an information or a mark related to goods expressed by means of writing,

printing, illustration or any other method on the goods or packaging of goods;

(m) Hazardous goods or service means any goods or service specified by the relevant

government departments and organizations as unsafe things for consumption or use;

(n) Government means the Union Government of the Republic of the Union of Myanmar;

(o) Commission means the Myanmar Consumer Protection Commission formed by the

government under this Law;

(p) Ministry means the Ministry of Commerce of the Union Government;

(q) Department means the Department of Consumer Affairs of the Ministry of Commerce;

(r) Office means the offices of the Department formed in the Union Territory, Regions or

States;

(s) Committee means the Consumer Affairs Committee formed by the Commission under

section 17 of this Law;

(t) Inspector means a person who is assigned as an inspector by the Department of Consumer

Affairs under this Law;

(u) Consumer Protection Association means an association formed in accordance with the

existing law solely to perform the consumer protection activities.

Chapter II

Objectives

3. The objectives of this Law are as follows:

(a) to ensure the fulfillment of consumer’s rights;

(b) to raise comprehensive awareness on consumer protection;

(d) to fulfill the high quality of goods or services that guarantee on safety, health and

satisfaction of the consumers;

(e) to be followed by the entrepreneur on consumer protection in accordance with the law;

3 (f) to prevent the consumers from hazardous goods or services and any damage from

consumption of it;

(g) to manage and regulate the establishment of consumer protection associations and to

cooperate with each other in order to strengthen such associations;

(h) to take action rapidly on hazardous goods or services to the consumer.

Chapter III

Formation of the Commission

4. The Government:

(a) shall form the Myanmar Consumer Protection Commission comprising the Union Minister

of the Ministry as a chairman, persons assigned by the heads of the Union level

government departments and organizations as members, consumer protection experts and

representatives from consumer protection associations as members and the Director

General of the Department as a secretary in order to perform the consumer protection

activities;

(b) shall form the Commission established under sub-section (a) with no more than 29

members and in an odd number;

5. The chairman of the Commission may assign the duty to the vice-chairman and joint-secretaries

out of the Commission members formed under section 4.

6. The Commission members who are not civil service personnel are entitled to allowance and

emolument allowed by the Ministry with the approval of the Government.

7. The secretary of the Commission is responsible for carrying out the administration matters of the

Commission.

8. The chairman of the Commission shall, with the approval of the government, permit the

resignation of Commission members who are not civil service personnel if they wish to resign.

9. When any of the following matter is arisen, any Commission member shall be automatically

terminated:

(a) decease;

(b) resignation on his own volition;

examination of the doctor or medical board prescribed by the Ministry of Health and

Sports;

(d) being convicted for any offence related to moral.

4 10. The chairman of the Commission may, with the approval of the Government, appoint a new

member in accordance with the provisions of this Law and rules if the position of the Commission

member is vacant due to resignation, dismissal, decease or any other reason.

11. The chairman of the Commission may dismiss any Commission member who is not civil service

personnel with the approval of the government if it is found that such member carries out the duty

against the law.

Chapter IV

Powers, Functions and Duties of the Commission

12. The powers, functions and duties of the Commission are as follows:

(a) reporting annually the consumer protection activities to the government;

(b) implementing to achieve the objectives of this Law;

(d) drawing up the policies and laying down the plans of consumer protection;

(e) submitting its plans and activities to the governments if the extraordinary circumstances

and processes arise;

(f) determining the priority sectors for the safety of goods to be used or consumed by

consumers;

(g) assigning the Department to test the goods related to the consumer protection in the

relevant government department laboratories and international recognized laboratories;

(h) forming the Region or State Consumer Affairs Committee, Union Territory Consumer

Affair Committee, and forming the Self-Administered Division or Self-Administered

Zone Consumer Affairs Committees and District Consumer Affairs Committees as may be

necessary and specifying the functions and duties of those Committees;

(i) deciding on the extraordinary circumstances, processes and imposing fines submitted by

the Department or Committee;

(j) deciding the appeal case on the administrative order passed by the Committee within the

specified period;

(k) forming the Consumer Protection Working Committee in accordance with the necessity,

and specifying its functions and duties;

(l) holding the emergency meetings, as may be necessary, if there is any enormous danger or

any damage to consumers.

5 Chapter V

Powers, Functions and Duties of the Department

13. (a) The powers, functions and duties of the Department are as follows:

(i) implementing the rights of consumers;

(ii) educating the consumer protection activities and disseminating information about

it;

(iii) researching the consumer protection activities and analyzing the results of such

research for the interest of consumers;

(iv) assigning the person whose rank is not lower than a deputy staff officer as an

inspector in order to investigate the complaints or monitor hazardous goods or

services, and disappear them from the market;

(v) communicating with the international organizations and regional organizations

related to the consumer protection activities;

(vi) assigning the inspector for inspecting any places that need to be inspected, and

collecting facts, taking samples and information for the safety of goods or services;

(vii) performing to prevent and expose timely the extraordinary circumstances that are

likely to cause enormous danger or damage to consumers;

(viii) administering the establishment of Consumer Protection Associations;

(ix) undertaking the office work of the Commission, and performing the duties

assigned by the Commission from time to time.

(b) The Department shall delegate to the Office to perform the followings:

(i) to administer the matters related to the consumer protection submitted by the

inspector, and coordinate with the relevant government departments and

government organizations if necessary;

(ii) to take legal action related to goods replied as the hazardous goods by the relevant

government departments and government organizations;

(iii) to mediate consumer’s damage, and to submit the mediation to the Department and

Committee;

(iv) to pass one or more administrative orders mentioned in section 52 if it is found that

the entrepreneur fails to comply with the provisions contained in sections 21, 24,

25 and 27, and submit the order to the Department and Committee;

(v) to submit the findings to the Committee in order to take legal action if it is found

that the entrepreneur fails to comply with any provision of this Law except the

provision mentioned in sections 21, 24, 25, and 27;

6 (vi) to perform the duties assigned by the Department from time to time.

Chapter VI

Functions and Duties of the Inspector

14. The inspector is responsible for investigating the complaints or monitoring the goods or services

that are suspected to be hazardous and conducting inspection on them in order to disappear from the

market.

15. The functions and duties of the inspector are as follows:

(a) monitoring the domestic or imported goods before or after they are available in the market

whether they are hazardous;

(b) monitoring whether the facts to be expressed in labelling;

they are hazardous;

(d) inspecting whether the information of finding the suspected hazardous goods or services

are valid;

(e) monitoring whether actions taken by the relevant Office and Committee are complied

with;

(f) monitoring any prohibition contained in this Law not to be violated;

(g) submitting the findings of investigation to the relevant Office;

(h) investigating the complaints about the goods or services, and submitting the findings of

such investigation to the relevant Office;

(i) submitting the report on the goods that are considered as hazardous goods to the relevant

Office in order to send them to the relevant government’s laboratories and international

recognized laboratories to be tested whether there is deviation from standardization;

(j) submitting the report on the goods or services that are considered as hazardous goods or

service to the relevant Office not to be distributed or operated continually within the

investigation period;

(k) performing the functions and duties assigned by the Department or the relevant Office

from time to time.

16. The inspector may obtain the help of the Myanmar Police Force, if necessary, in performing his

functions and duties.

7 Chapter VII

Formation of the Consumer Affairs Committee

17. (a) The Commission shall form the following Consumer Affairs Committees with appropriate

persons in order to perform consumer protection affairs, to settle the disputes between

consumers and entrepreneurs, and make the decision on them:

(i) the Region or State Consumer Affairs Committee;

(ii) the Union Territory Consumer Affairs Committee.

(b) In forming the Consumer Affairs Committees under sub-section (a), five to nine members

in odd numbers comprising the chairman and secretary of the Committee shall be

appointed.

Chapter VIII

Powers, Functions and Duties of the Consumer Affairs Committee

18. The powers, functions and duties of the Committee are as follows:

(a) cooperating with the relevant government departments and government organizations to

perform consumer protection activities;

(b) obtaining advice from the relevant government departments and government

organizations in order to perform consumer protection affairs and to settle consumer

disputes;

cause enormous damage or hazard on the consumer protection;

(d) making decision on the submission of the inspection team formed under sub-section (c);

(e) passing one or more administrative orders mentioned in section 53 if it is found that the

entrepreneur fails to comply with any provision of this Law except the provisions

contained in sections 21, 24, 25, and 27, and the prohibitions contained in Chapter XXIII;

(f) making decision on the appeal case against the administrative order passed by the

relevant Office under section 52;

(g) submitting the activities of the Committee to the Commission;

(h) performing the duties assigned by the Commission from time to time.

8 Chapter IX

Rights and Duties of the Consumer

19. The rights of the consumer are as follows:

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

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

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 complain the matters related to consumer damage;

(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 inrespect of

goods or services;

(h) having the right to live in the decent living standard and environment not only in the

present but also for future generations.

20. The duties of the consumer are as follows:

(a) complying with the information and guidelines regarding goods or services;

(b) paying the agreed price in purchasing the goods or services;

(d) avoiding the false statement in the form of saying, writing and acting in order to cause the

detriment of relevant entrepreneurs by means of the social media or by other means while

settling the consumer dispute.

Chapter X

Duties of the Entrepreneur

21. The duties of 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;

regulations;

9 (d) guaranteeing goods or services for trading or manufacturing 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 costs of goods or services 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 consumers;

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

(i) avoiding threatening, false statements 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 consumers by means of the social media or by

other means if he knows the hazard of the produced goods or services by himself or 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.

Chapter XI

Guarantee of Goods

22. The entrepreneur shall inform the facts about the potential changes in the nature of the selling

goods that are normally invisible to the consumer by stating explicitly them.

23. The entrepreneur shall cause to include the following facts in the guarantees of goods:

(a) having the quality that can be accepted and used by the consumer;

(b) correcting the quality, measure and weight of goods;

(d) suitability for the need of consumers;

(e) the same goods as the sample represented;

(f) availability of spares part, repair or replacement during the guaranteed period or the

period that can be used;

(g) conforming with the information on labelling and the description in advertisement,

offering or promotion.

10 Chapter XII

Consumer’s Entitlement to Guaranteed Goods

24. The consumer has the right to claim any of the following facts if the entrepreneur does not

produce the high quality of goods or does not provide complete information of goods within the

guaranteed period to the consumer or the usable period under section 23:

(a) to repair and replace the goods as guaranteed; or

(b) to refund the goods price or to recover the same goods that are purchased or the same

goods whose qualities are not lower than the original ones from the producer unless spare

parts are available; or

goods caused by the fault of entrepreneur; or

(d) to claim the right for compensation in case of damage arising from the failure to provide

product information.

25. The consumer has the right to claim the following rights in respect of the goods guaranteed and

sold to the consumer by the entrepreneur under section 23:

(a) to receive the goods that is in compliance with the guarantee;

(b) to claim for refund, repair or replacement from the seller;

Chapter XIII

Guarantee of Service

26. The following facts shall be included in the guarantees in respect of providing services to the

consumer 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;

(d) performing completely within the guaranteed period;

(e) paying service fees agreed with the consumer.

Chapter XIV

Consumer’s Entitlement to guaranteed Services

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;

11 (b) to remedy for the damage of the consumers if they do not receive the service agreed

within the guaranteed period.

Chapter XV

Safety of Goods or Services

28. The Department shall set the priority sectors in accordance with the approval of the Commission

for the safety of goods or services that will be used by the consumers, and cooperate with the relevant

government departments and government organizations.

29. The Department shall carry out the following matters in respect of the safety of goods or

services:

(a) taking necessary measures for the safety of goods or services;

(b) cooperating with the Consumer Protection Associations for the safety of goods or

services if necessary;

(d) issuing orders and directives for the safety of goods or services;

(e) notifying the public about the information of any hazardous goods or services reported by

the inspector;

(f) supervising the goods that will be consumed by the consumers in accordance with the

prescribed Myanmar standards under any existing law according to the priority

classification of goods;

(g) supervising the non-standard goods that will be consumed by the consumers in

accordance with the minimum standards coordinated with the relevant government

departments.

Chapter XVI

Recalling the Hazardous Goods from the Market or Prohibiting the Distribution of

it and Prohibiting the Hazardous Service

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.

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:

12 (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 Committees.

32. If any entrepreneur who desires to recall the hazardous goods voluntarily, he shall report the

recall and plan to recall of it to the relevant Office at the same time.

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.

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 distribution of them from the

market.

Chapter XVII

Liability for Goods of Service

35. The following persons are responsible for arising the damage of consumers due to the

consumption of goods or services:

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

(b) the manufacturer of goods;

goods;

(d) the 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.

36. If the consumer faces damage for the purchase and consumption of goods or services in the

guaranteed period, the following persons are responsible on it:

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

(b) the manufacturer of goods;

goods;

(d) the 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.

13 37. In any entrepreneur transacts the goods or services to any other entrepreneur, the entrepreneur who

transacts shall, when any of the following conditions arise, settle the damage in respect of goods or

services;

(a) selling originally the goods or services without modifications;

(b) trading the goods or services without knowing the modifications or the noncompliance

with the sample, quality or composition.

38. Any entrepreneur who sells the modified or altered goods or services to the consumers is

responsible to settle for the damage of the said goods or services.

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.

40. If two or more entrepreneurs are responsible for the damage under sections 37, 38, and 39, they

shall take responsibility jointly or individually.

Chapter XVIII

Labelling of Goods

41. The entrepreneur shall explicitly state the following facts regarding the labelling of goods based

on types of goods in accordance with the stipulations:

(a) the trademark of goods;

(b) the type, size, quantity, net amount, storage guidelines and usage method of goods;

(d) the name and address of the importer, the name of the manufacturer and address if the

goods is imported;

(e) the origin of manufacturing or repackaging address of the imported goods;

(f) the names of ingredients and its quantity and ratio contained in goods;

(g) the precautions and warnings about allergies and side effects;

(h) the facts prescribed by the relevant government departments to be stated.

42. Any entrepreneur may describe the scientific research and nutritional guarantee of the relevant

organizations on the goods.

43. Any entrepreneur shall describe Myanmar language or Myanmar language and other language in

combination with one or more in the labelling if goods under subsection (b) and (g) of section 41.

14 Chapter XIX

Complaint and Mediation

Filing complaint

44. If any of the following person or organization wants to file the damage of the consumer, they

may file the complaint to the relevant Office in person or any form of the social media together with

evidence:

(a) the aggrieved consumer;

(b) the family members of the aggrieved consumer;

(d) the government departments and organizations;

(e) the consumer protection asociations.

Processing

45. The relevant Office shall carry out the following to ensure that the evidence is complete and

correct regarding the complaints filed under section 44:

(a) scrutinizing whether the complaint is correct or not;

(b) ensuring the complete and correct complaints in case of filling the incomplete or

incorrect complaints;

Mediation

46. The relevant Office shall carry out the following to settle the dispute between the consumer and

entrepreneur regarding the investigation reported by the inspector under sub-section (h) of section 15:

(a) examining the required documents and other exhibits related to the investigation;

(b) summoning to mediate the entrepreneur who is complained or his legal representative;

in the presence of the person who knows the consumer’s complaint or eye witness and

consumer protection experts;

(d) deciding the ex parte if the entrepreneur who is complained or his legal representative

fails to be present the mediation;

(e) examining whether there is damage on the consumer and mediating it;

(f) notifying the entrepreneur who commits the complaint about the agreement of the

consumer protection;

(g) submitting to the Committee if the committed entrepreneur fails to comply with the

agreement under sub-section (f).

15 47. The relevant Office shall keep the record of the settlement under section 46.

48. The relevant Office shall, in undertaking the settlement processes regarding the complaint, keep

the confidential information as a secret. However, it has the right to send the said information to the

Committee, Commission or court when they requested them as evidence.

49. The relevant Office, regarding the investigation reported by the inspector under sub-section (h)

of section 15, shall refer the complaints to be settled in accordance with the law to the relevant

government departments, and may cooperate with them.

50. If the consumer conceals the facts dishonestly, or fraudulently files a complaint in order to cause

unfair damage to someone, or falsely testifies or submits false evidence, he shall be prosecuted in

accordance with the existing law.

51. Any person who cause the damage shall bear the expenses regarding the consumer dispute

settlement.

Chapter XX

Taking Administrative Action

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 sections 24, 25, and 27:

(a) warning;

(b) ordering to remedy;

(d) ordering to refund the value of damage.

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, 27and the

prohibitions in Chapter XXIII:

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

(b) imposing a fine;

(d) coordinating with the relevant government department to revoke the business licence

temporarily or permanently.

54. The Committee shall deposit the fines imposed under sub-section (b) of section 53 to the Union

budget, and State or Region budget as prescribed by the Commission.

16 Chapter XXI

Appeal

55. A person who is dissatisfied with the administrative order passed by the Office under section 52

may appeal to the Committee concerned, or a person who is dissatisfied with the administrative order

passed by the Committee under section 53, or the administrative order passed under sub-section (a) of

section 56 may appeal to the Commission within 30 days from the date of passing the order respectively.

56. (a) The Committee may confirm, amend or cancel the order passed by the relevant Office in

the appeal case under section 55.

(b) The Commission may confirm, amend or cancel the order passed by the Committee under

section 53 or the decision passed under sub-section (a).

Chapter XXII

Consumer Protection Associations and their Activities

57. The Department shall encourage the activities of the Consumer Protection Associations which

carried out in accordance with this Law.

58. The establishment of the Consumer Protection Association shall be solely for the consumer

protection activities.

59. The Consumer Protection Associations may cooperate with the Department to implement the

consumer protection activities in accordance with the provisions of this Laws.

60. The Consumer Protection Associations may coordinate with the Department to provide

consumer awareness and distribute information to the consumer related to the consumer protection

activities.

61. The Consumer Protection Associations may provide support regarding the complaint against the

entrepreneur who causes damage or violation to the consumer on behalf of the consumer.

Chapter XXIII

Prohibitions

62. No one shall act the following dishonestly to injure any consumer or entrepreneur:

(a) inducing the consumer to file a complaint;

(b) giving false testimony;

(d) conducting the matters entangled with the provisions of the existing law.

17 63. No entrepreneur shall advertise the following types of advertisement:

(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 services;

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

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

(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.

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 quality 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;

or mentally.

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;

(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.

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 services concealing the defectiveness;

(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.

18 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

goods under section 41;

(b) the goods or services that are not in conformity with the descriptions in the advertisement

and sale promotion;

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

68. No entrepreneur shall, in labelling the goods, produce, trade or sell the goods that is not in

conformity with the provisions of section 43.

Chapter XXIV

Offences and Penalties

69. Whoever violates any prohibition contained in section 62 shall, on conviction, be punished with

imprisonment for a term not exceeding six months or with a fine not exceeding two million kyats or with

both.

70. (a) Any entrepreneur who violates any prohibition contained in section 63 and 64 shall, on

conviction, be punished with imprisonment for a term not exceeding six months or with

a fine not exceeding two million kyats.

(b) Any entrepreneur convicted under sub-section (a) who continues to commit the said

offence shall be punished with imprisonment for a term not exceeding one year or with a

fine not exceeding ten million kyats or with both.

71. (a) Any entrepreneur who violates any prohibition contained in section 65 shall, on

conviction, be punished with imprisonment for a term not exceeding six months or with a

fine not exceeding five million kyats.

(b) Any entrepreneur convicted under sub-section (a) who continues to commit the said

offence shall be punished with imprisonment for a term not exceeding one year or with a

fine not exceeding ten million kyats or with both.

72. (a) Any entrepreneur who violates any prohibition contained in section 66 shall, on

conviction, be punished with imprisonment for a term not exceeding one year or with a

fine not exceeding ten million kyats.

(b) Any entrepreneur convicted under sub-section (a) who continues to commit the said

offence shall be punished with imprisonment for a term not exceeding two years or with a

fine not exceeding twenty million kyats or with both.

19 73. Any entrepreneur who violates any prohibition contained in sections 67 and 68 shall, on

conviction, be punished with imprisonment for a term not exceeding two years or with a fine not

exceeding twenty million kyats or with both.

Chapter XXV

Miscellaneous

74. The administrative order passed under section 53 shall not be prohibited to sue a civil or criminal

action.

75. The Department may sue the person who is punished with the administrative order under section

53 for a criminal action if he fails to abide by such order.

76. Any person who is convicted under this Law may also be sued a civil action by the aggrieved

consumer for his damage.

77. Notwithstanding anything in the other existing laws, the matters related to this Law shall be

taken action by this Law. However, the matters to be taken action by any other existing law, they shall

not be adjudicated.

78. Any Commission member, Committee member or member of the Consumer Protection Working

Committee who are not civil service personnel shall be considered as a public servant stated in the

provision of section 21 of the Penal Code while performing the functions and duties of this Law.

79. The offences contained in this Law are recognized as cognizable offences.

80. The Department shall bear the expense of the office work of the Commission, Committee or

Consumer Protection Working Committees.

81. The Consumer Protection Central Committee formed by the Consumer Protection Law (The

Pyidaungsu Hluttaw Law No. 10, 2014) shall continue to carry out the consumer protection activities

before the formation of the Commission under this Law.

82. The notifications, orders, directives and procedures issued by the Consumer Protection Law (The

Pyidaungsu Hluttaw Law No. 10, 2014) may continue to exercise as long as they are not contrary to this

Law.

83. In implementing the provisions contained in this Law:

(a) The Ministry may issue the rules, regulations and bye-laws with the approval of the

Union Government;

(b) the Ministry and Commission may issue the notifications, orders, directives and

procedures, and the Department may issue the order and directives.

20 84. The Consumer Protection Law (The Pyidaungsu Hluttaw Law No. 10, 2014) is hereby repealed

by this Law.

I hereby sign in accordance with the Constitution of the Republic of the Union of Myanmar.

(Sd.) Win Myint

President

Republic of the Union of Myanmar

Myanmar

MM046

Consumer Protection Law (Law No. 9/2019 of March 15, 2019)