사용자:HappyMidnight/바레인 소비자 보호에 관한 2012년 제35호 법률
Law No. (35) for the year 2012
Eight consumer protection
We, Hamad bin Isa Al Khaligh King of the Kingdom of Bahrain.
After perusal of the Constitution,
And Decree No. (1) finance for the year 1961 to establish the commercial register, as amended,
and Legislative Decree No. 14 of 1973 on the organization of advertising, and
Law No. (3) for the year 1975 on the public health, as amended,
and Legislative Decree No. (18) 1975 set prices and control, as amended by Decree-law No. (11) for the year 1977,
And the Penal Code promulgated by Legislative Decree No. 15 of 1976, as amended,
and Legislative Decree No. 6 of 1977, my persistence paid to weights and measures, weights,
Legislative Decree No. amended (8) for the year 1983, and
Legislative Decree No. (3) for the year 1985 on the control food imported, and
Legislative Decree No. (16) for the year 1985 in the Shan specifications and standards, as amended by Decree-Law No. (13) for the year 1992 and
the trade Act promulgated by Decree Law No. (7) of 1987, as amended, and
Legislative Decree No. (6) for the year 1990 in the infamous Alrkadla on precious metals, and
Legislative Decree No. (10) for the year 1990 in the infamous Alrkadla pearl and Alodjar Nat value,
Legislative Decree No. 10 of 1992 Bashaen commercial agency, as amended, and
Legislative Decree No. (7) of 1994 to ratify the document and the establishment of the World Trade Organization,
The Law of Evidence promulgated by Legislative Decree No. 14 of 1996, amended by Law No. (13) for the year 2005,
Legislative Decree No. 18 of 1997 concerning the regulation of the profession of pharmacy and pharmaceutical centers,
And the Legislative Decree No. Civil Law (19) for the year 2001, and
a law promulgated by Legislative Decree No. Criminal Procedure (46) of 2002, as amended by Law No. (41) for the year 2005,
Law No. (11) of 2006 concerning Sanh brands,
Shura Council and the House of Representatives approved the following law,
we have ratified it and promulgate.
서장 : 정의 조항[편집]
In applying the provisions of this Act, the following words and phrases, based meanings assigned to them, unless the context requires otherwise:
Products: goods and Alhdmat except medicine, health and pharmaceuticals, health and song Almr_khass Bastuadha by the Mahtsh in the Ministry of Health. And sold in pharmacies and health centers Mo_khash, as well as Alhdmat provided by self-employed, which Kalmhn medical, engineering, law, accounting and insurance.
Consumer: any natural or legal person Chkhn gets products satisfying the needs or the needs of his subordinates.
Almird: All of the offers products Soakan Baiaaaotajrapaljmlh Aopaltdznlaawokalatjaraa E E Or factory or service provider.
Advertiser: Any Chkhn natural Awaattabara is advertising for products Awaltroyj her personally or through another using any means of means. Ministry: The ministry competent trade affairs.
Competent administration: Department on consumer protection ministry. The competent administrative authority: any ministry or body organ or government department be concerned with consumer protection and is affiliated to the ministry.
Minister: Competent Minister Bhwoon trade.
제2장 소비자의 권리[편집]
This law is aimed at the consumer Hamadla and ensure their rights before and after the contract, and in particular the following rights:
1 - the right to health and Alslai when the normal use of the products.
2. The right to obtain correct information and data on products that Ataatariha or used by or offered to him.
3. The right to free choice of products in terms of Azjodh conforming to the approved specifications are available legally.
4 - the right to obtain the knowledge to protect his rights and legitimate Massaalha.
5. The right to respect consumer privacy, and maintain personal information and not to be exploited For other purposes.
6. consumer's right to a healthy life in Bath.
제2장 공급자의 의무[편집]
The provider must comply with laws and regulations and technical requirements or any other requirements
Eight product and to ensure the safety and suitability for use in accordance with the regulations and requirements to be issued By a decision of the minister.
It must signal that puts on all correspondence, documents and editors issued in his dealings with him or his contract with the consumer - including electronic documents and bills - the data that will Zhdid brand personality.
A- must signal the announcement of the product and the definition of its price and the statement of the warranty period, all in accordance with the rules and regulations issued by autoclaved guar from the Minister, and the consumer has the right to Adhsol an invoice dated include product type and price of the warranty period, if any. (B) shall, upon the announcement of the Adtkhvadhat Adla products that the guarantees in respect thereof Almekdi be valid during the period of cuts, and announce the prices before and during the period of Altkhvady Altkhvady.
Each provider or offerer provide the consumer with correct information about the nature of the product and its characteristics and avoid what could be to create the impression is not true or is misleading the consumer or falling into the wrong or mixing.
The provider is exempt if it is not a product or a plant for good or catering from liability only if the product or the plant may be prolonged to such information.
Declared responsibility also relieved when the information contained in the declaration of art can not be advertised on validating and was standing by the provider has.
Provider committed soon discovers or becomes aware of a defect in the product was Dtertb this drawback no harm to the health or safety of the consumer to announce stops production or deal him and warns consumers not to Asthaddam product and a Mahtsh administration this defect and potential harms and the actions taken in this regard. In such cases, the commutation of the product provider or traced with the response value without any extra Tklgh committed, based on consumer demand. Alnhy prohibited in the bill on the non-acceptance of the product or replace it with a response, also it prohibits any accidental banner Tnsy on it. The list shows one of Tnivbh to this law, the application of this Article. Article (8) A provider is committed to building on consumer demand as follows: 1. Replacing Asalah- even contracted - or restored with the response for it, without any additional Tklgh, Ee And that when a young man was my fault or not conforming to the approved specifications of the law or my purpose Anazi been Azataaked for. 2. Re-for-service - but the contract - or for forcing Anaksy where or re-introduced to the consumer, at no extra cost, so in Hadla be defective or Nqsy E E In accordance with the nature and terms of the contract catering and commercial custom or professional.
(B) In the event of a disagreement attachment to the implementation of the commitments this topic, ingratiating to management, to the Thadr Qawra binding on the parties, in Fga provisions and procedures that Ihadr Taathdidha decision of the Minister. Article (9) Provider to provide spare parts and maintenance required for the use of the product is committed to a reasonable period commensurate with the nature of the product, and may agree with the consumer in writing to a certain length and shall be exempt from this obligation provider if the consumer in writing by the lack of spare parts for the consumer product and the approval of the notice. Article 10 Subject to Article (9) is null and void every clause in a contract or document, document, or other concerning the agreement concluded with the consumer if such a pre-condition for exemption provider of obligation under this law. Algsal third Management duties competent consumer protection Article (11 ( The competent - Leaders in coordination and cooperation with the concerned authorities to Supervise Implementation E The provisions of this law and the resolutions implementing it in order to facilitate consumer access to quality products acceptable and suitable price, and protect it from commercial fraud and monopolistic practices harmful, and so forth in order to do the following: 1. Implementation of public policy on measures to protect freedom of competition and prevent harmful monopolistic practices. 2. receiving complaints from Almsthlkinwaljmaaat and investigated. 3 - to take measures to prevent commercial fraud. 4 -alnger in disputes arising between the provider and the consumer and work to resolve these differences amicably if possible, and put the necessary regulations and procedures to resolve disputes between suppliers and consumers. 0- to make sure the commitment of suppliers to all decisions made on consumer protection and health and safety.
For contributing to the provision of consumer awareness programs about their rights and duties. 7. Develop and implement rules and procedures Alopecia consumer protection, Baltnsaiq and cooperation with the authorities concerned Aladardla. 8 for Altnsaiq with universities and scientific research centers and public and private institutions in ^ toured research, exchange Alhabrat relating to the protection Almsathlk. And initiate appropriate management competencies specified, in accordance with rules and regulations and procedures that stepped Implementing Regulations to be identified. Algsal fourth Competition and monopoly controls Photos and breach of their rules Article (12 ( The use of the right to the production or distribution of products including not lead to prevent freedom of competition, restrict or harm is Almushari third parties, all in accordance with the provisions of this law and the laws and regulations NAT relationship, and without prejudice to the requirements of international treaties and conventions in force in the Kingdom of Bahrain. Article (13 ( It prohibits the conclusion of any agreement aimed at him or Dtertb prejudice to the rules of free competition, and is considered as the following: 1 - the manipulation of the prices of products replace the handle upwards or downward without justification. Â 0 J termination E 00 00 0 Ea 2 for the reduction of the free flow of products to the market, or they leave college or partial Bhafh, hidden or unlawfully storing, or refrain from dealing with them. 3 -avcaal sudden abundance of products lead to circulation Bsaar is a real affect on the rest of the contenders economies. 4 -hjb products available in the market Bhafh whole or in part for a specific Chkhy. 0 withholding necessary information or misinformation about the specific product for. And beyond the scope of this prohibition restrictive agreements Mnavsah which would lead to lower the cost or improve the conditions of production or distribution, if they check the usefulness of Msathlk outweigh the effects of restricting the freedom of competition, in Vqia to the rules and regulations prescribed by the Regulations of the law.
Article (14) Taking into account the freedom of trade may not be carrying out any Zjarih monopolistic practices or harmful, and limit regulation Altnfeindla principles and procedures set forth for such practices. Article (15) O_ if they occurred in a crisis or an extraordinary market conditions give rise to an abnormal increase in the prices of essential commodities, the Minister may reasoned decision to take temporary measures to limit this increase. TRUSTe, the Minister may take any action that would stop any violation or exceeds the rights of consumers and harming them, and has in all cases to take what he sees of measures to prevent monopolistic practices. J_ The executive regulations of this law, the foundations upon which the minister in the estimation of the abnormal increase in prices and the actions taken to reduce that increase, it turns out Altqasil and controls that prevent monopoly. Article (16) The Minister may, in the case of danger or if imminent, based on certain criteria Information E E Defined in Regulation Altnqaddla to this law, to issue a decision to stop the import of a particular product, export, or currently on the market or withdraw from it or destroy it if the damage is the only way to Odaa extent of the risk caused by it and the Minister to issue alerts or to take any precautions to be announced And to ensure that the consumer aware of them. Algsal V Adjust the irregularities and dispose Article (17) Be for the staff, who are appointed by the Minister, to check out of executing the provisions of this law and the implementing decisions has the power to enter the shop with Alassalh. And staff who are appointed by the Minister of Justice in agreement with the minister, the status of law enforcement officers and that in relation to the crimes that fall in circles A_khasaahathm and be related to their duties.
Reports issued for these crimes to the General Aneyadla decision Ihadr minister Or Evoddh. Algsal sixth Sanctions Article (18) Without prejudice to any penalty Otad stipulated in the Penal Code or any other Act shall be punished by imprisonment and a fine not exceeding five thousand dinars, or either of them: 1 -antj or won sales structure or landscape for sale or sold materials or containers or Oglgh than used in Gtn or imitate certain commodity with his knowledge, and all of Hrdy Aosaad on it by bulletins or publications, or any other means. E E E E E 2. deliberately promoted a product by means of publication or the media or by any means be Algrdi including media omnes, and that false statements about the fact that the product or its components or its components, or specifications Aominhih. 3. cheats Amdasliaptgaardobiatha Aosgh oboyan of the characteristics of the data. 4. deceived or use the means that will Thda consumer in any manner. Article (19) Shall be punished by imprisonment for not less than one year and pasted down no more than ten thousand dinars each of the imported or brought into the Kingdom Slia Narh represent a health or safety hazard with the knowledge to do so. The court may rule re-exported to the source or culled at the expense of Mahalv. Article (20) Without prejudice to any penalty Otad stipulated in the Penal Code Uwe other law punishable by a fine not exceeding ten thousand dinars who violates any of the provisions provided In articles (3) and (4) and (e), paragraph (a) and (6) and (7) and (8) and (9). Article (21) Without prejudice to any penalty Otad Ansy in any other law shall be punished by imprisonment for a term not exceeding Khmay years and a fine not less than five thousand dinars Dharina or either violates the provisions of Article 13 or Article 14 of this Law.
Article (22 ( In Hadla of conviction, the court may rule Vdaa ^^ for Alacodla planned confiscation or destruction of goods subject of crime, materials, tools Ante used in the commission at the expense of the convict, the court may order the publication of the judgment in two daily newspapers, one in Arabic at the expense of the convict. In case of recurrence within three years from the date of the final judgment of conviction the court must require the maximum penalty prescribed and to suspend activity for a period not exceeding three months or to wipe the constraint of Adtjara record final. Algsal VII General Provisions Article (23 ( Without prejudice to the criminal liability or civil - to the minister the right to draw - the builders on the recommendation of the competent department - Annara to people with Iaan registered letter with acknowledgment of receipt corrects Almkhalgh business with the provisions of Dma law at a suitable time determines so - if refrained from Altngiv have Ozyrasaddaraqrar close the establishment for at least for seven days and not exceeding three months or erase the registration of the commercial register in this case does not Djos re-entry in the register until after the expiration of six months from the date of issuance of autoclaved guar erasure. Coconut appeal against this decision to the competent minister within fifteen Aomia from the date of its announcement for people with SECOND, the minister is committed to respond to the appeal within seven days and not counting this as my rejection of the grievance. The time limit for appeal and the Minister's decisions before the competent court within Sotain Aomia from the date of announcement with SECOND Parvdy the grievance or from the date the grievance considered Merfodia. Article (24 ( The Minister shall issue the executive regulations of this law within its capacity months from the date of the work done. Article (25 ( Chairman of the Council of Ministers and Minister - respective - Tngiv Dma law, and shall take effect from the day following the date of its publication in the Official Gazette. King of Bahrain Hamad bin Isa Al Khaligh Kassar was released in Riffa: Dated: 22 August 1433 (e), corresponding to July 12, 2012 AD