The Official Gazette of the Macao Special Administrative Region No. 28 published today (12) announces Law no. 9/2021 “Consumer Rights and Interests Protection Law” that will come into effect on 1st January 2022.
The “Consumer Rights and Interests Protection Law” aims to protect the rights of consumers, maintain the justice and fairness of the legal relationship between traders and consumers, enhance the transparency of trade practices, safeguard the legal benefits of consumers, and cracking down on unfair trade practices.
The “Consumer Rights and Interests Protection Law” safeguards consumer rights in the following directions:
- To safeguard consumer rights;
- To prohibit the adoption of unfair trade practices on consumers;
- To regulate contract for sale of goods and contract for supply of services offered to consumers;
- To regulate distance contract, contract concluded outside the business premise, and contract for prepayment consumption;
- A comprehensive mechanism for resolving consumer disputes.
Scope of application
The “Consumer Rights and Interests Protection Law” applies to legal relationships arise between traders and consumers due to the provision of goods or services within the territory of Macao SAR, but it is not applicable to the following: games of fortune, interactive gaming, mutual gaming or gaming activities offered to the public, medical services, educational services, legal services, accounting or audit services, financial services involving securities or financial services for goods or products in which prices are determined according to fluctuations of the financial market.
Rights of consumers
The law includes the definition of consumer and trader, and lists out the seven rights of consumers, including the right to be informed, the right to protection for health and safety, the right to quality goods and services, the right to protection for economic benefits, the right to compensation, the right to participation in the definition of consumer’s rights and interests, and the right to legal protection and easy access to redress.
Regulation on scope of contracts and key documents
The “Consumer Rights and Interests Protection Law” regulates the scope, definition, rights and responsibilities of both parties in a consumer contract, as well as the information required in the contract. Regulated contract types include contract for sale of goods and contract for supply of service, distance contract, contract concluded outside the business premise, and contract for prepayment consumption. It is required by the Law to conclude a written contract for commitments concluded outside the business premise and those for prepayment consumption. For distance contract, contract concluded outside the business premise, and contract for prepayment consumption, consumers are entitled to a right to freely cancel the contract within the “cooling-off period” of 7 days.
Function of the Consumer Council
The Consumer Council is responsible for promoting and implementing the “Consumer Rights and Interests Protection Law”, and to execute procedures and administrative penalties for violations of the Law. The Council is responsible for accepting and handling consumer complaints, and assists in the resolution of consumer disputes. Services for the provision of water, electricity, telecommunication, pipeline natural gas and pipeline petroleum, as well as land and sea mass transit services have been included in the Law to be subjected to compulsory arbitration.
For enquiry regarding the “Consumer Rights and Interests Protection Law”, please call 8988 9315. Enquiries can also be made via the “Enquiry” section on “Consumer Online” e-service platform.View gallery