Provisional Fines for Violations of the Law on Consumer Protection
Subject: Commerce
Applicable Industries: All corporate

The Ministry of the Economy and Finance, the Ministry of Justice and the Ministry of Commerce Joint Prakas 338 on Provisional Fines for Violations of the Law on Consumer Protection dated 3 June 2021. The Prakas aims to describe procedures on imposing penalties to safeguard effective implementation of the Law on Consumer Protection.

 

Competent authority

Investigating Officers of the Directorate General of the Consumer Protection, Competition and Fraud Repression (“CCF”) under the Ministry of Commerce receive legal powers to act as judicial police officers and are able to impose provisional penalties on individuals who violate the Consumer Protection Law.

Investigating Officers have following duties:

  • Issue reports on provisional penalties
  • Issue invoice, receive payment and issue receipt of provisional penalties in case penalties are paid by cash or cheque
  • Manage invoice, receipt and revenue of provisional penalties
  • Issue notification letters to offenders to make payment not more than deadline if they do not make payment within 15 days
  • File case to a court with jurisdiction if offenders do not make payment within 30 days.

 

Deadline of payment

Offenders can make payment Investigating Officers immediately or within 30 days after the date they receive documents related provisional penalties from Investigating Officers. If Investigating Officers do not pay, and file complaint within time limit, Investigating Officers shall file case to a court with jurisdiction.

 

Filing complaint

Persons who do not agree with decisions of Investigating Officers can file complaint to CCF with 15 days after the date they receive decisions from CCF. CCF shall decide the complaint with 15 days after receiving the complaint.

Persons who do not agree with decisions of CCF can file the case to a court with jurisdiction.