by Irene Wijaya | Oct 15, 2021 | Consumer Protection, Technical Reports
The ASEAN Alternative Dispute Resolution (ADR) Guidelines for Consumer Protection (2021) aims to assess the different approaches to ADR, the implementation in each ASEAN Member States (AMS), and the steps to establish and apply ADR mechanism effectively. The Guidelines take into consideration international and ASEAN best practices in ADR. This would set in place the right conditions for broadening economic growth, promoting competitive markets, and attracting cross-border investments in and across ASEAN as a whole. The steady increase of cross-border trade within ASEAN has also prompted the region to adopt a harmonised and unified approach to ADR. It is hoped that with these guidelines in place, ASEAN Member States will have an informative guiding document which they can consult, review, and implement to strengthen and fine-tune their respective alternative dispute resolution regimes for consumer disputes. The Guidelines is divided into the following areas: (1) Development of National Policies for ADR of Consumer Disputes; (2) Access to Justice; (3) Expertise, Independence and Impartiality; (4) Transparency; (5) Effectiveness; (6) Fairness and Due Process; (7) Legality; (8) Efficiency; (9) Partial Autonomy; and (10) Enforcement. The development of the ADR guidelines is in line with initiative 1.5.1 under the ASEAN Strategic Action Plan on Consumer Protection (ASAPCP 2016-2025), specifically which is to “Develop guidelines for common approaches to ADRs including consideration of a mechanism for resolving consumer complaints through consumer groups”. Download the ASEAN ADR Guidelines for Consumer Protection (866 kb) Related project: Addressing Gaps in the establishment of an ASEAN Consumer Protection Framework Phase...
by Irene Wijaya | Mar 27, 2020 | Consumer Protection, Technical Reports
This Roadmap aims to strengthen consumer protection regimes in the ASEAN Member States and support the ASEAN Committee on Consumer Protection (ACCP) in promoting awareness and garnering support for ASEAN’s consumer protection capacity development agenda. It serves as an action plan for capacity building at the regional level, sub-regional and national levels, which, if implemented, will provide ASEAN consumers with world-class levels of consumer policy, institutions and laws. The Roadmap 2025 which comprised of among others a regional roadmap, a regional brief, a policy brief, and 10 country reports, was developed through extensive research, field work and surveys of capacity building needs. The Roadmap 2025 includes a schedule of proposed capacity building measures which is based on a study of common areas of needs identified among ASEAN consumer protection authorities. The Roadmap further outlines the delivery approach to capacity building, and provides a timeframe for implementation. The implementation level (regional or sub-regional) is described for each activity to ensure effective and efficient management and delivery of capacity building plans and programs. The successful implementation of the initiatives under the Roadmap 2025, will require coordinated approach amongst ASEAN’s consumer protection authorities, consumer protection associations, development partners and other relevant stakeholders. Downloads: Roadmap 2025 (PDF, 1.2 MB) Policy Brief (PDF, 0.6 MB) Regional Brief (PDF, 1.4...
by Irene Wijaya | Dec 29, 2018 | Consumer Protection, Technical Reports
In 2016, AADCP II supported ASEAN in producing six technical modules, aimed to enhance ASEAN Member States (AMS) with effective capacities to adopt and implement consumer protection laws at the national level. They serve as resource materials for training, focusing on technical requirements provisionally involving consumer concerns and demands in 6 core areas: (a) Product safety and labelling; (b) Phone and internet services, and e-commerce; (c) Consumer credit and banking; (d) Environment; (e) Healthcare services; and (f) Professional services. These training manuals complement these six technical modules, to be used by AMS to deliver teaching/ training to their respective stakeholders. Details of each modules are below: Training Manual on Phone, Internet Service and E-Commerce This module focuses on phones, internet services, and e-commerce in the ASEAN Member States. It aims to provide trainees, who are officials and heads of agencies, with additional competencies in terms of technical knowledge, better understanding of industry policies and practices, and skills in enhancing consumer protection in this sub-sector. This training module provides a resource for trainers seeking to train participants on how to deal with systematic problems that arise in the telecommunications and e-commerce marketplace within the ASEAN region. Training Manuals on Professional Services This module focuses on the Professional Services, including a summary of current rules and practices for registration and discipline of medical and legal practitioners in the ASEAN Member States (AMS). It aims to provide trainees, who are officials and heads of agencies, with additional competencies in terms of technical knowledge, better understanding of industry policies and practices, and skills in enhancing consumer protection in this sub-sector. This Training Module will...
by Irene Wijaya | Aug 24, 2016 | Consumer Protection, Technical Reports, Uncategorized
Public awareness campaigns are an important tool for consumer protection agencies to advance their policy goals. Though many countries have sound legal frameworks for consumer protection, consumer regulators are unable to be ‘everywhere at once’ to enforce the rules. Consumers’ awareness of their legal rights and ways of gaining redress and the steps they can take to protect their own self-interest and safety are an important adjunct to promoting a flourishing consumer marketplace. The aim of developing public awareness models for consumer protection in ASEAN is to offer a generic approach that can be adapted and applied by agencies in ASEAN Member States (AMS)to a range of environments and circumstances. The models need to be flexible to enable them to be adapted to various needs and contexts for implementation across all AMS, recognising the cultural and economic differences between countries in the region. This report comprise of two document: Consumer Education Models. This document presents three different Models that target the different resource capacities and experiences of consumer protection agencies within ASEAN. The models AMS intentionally presented at a broad level to account for the different priority areas that each AMS may have for consumer education. The models are not intended to constrain adaptation and innovation. The broad level of the models also allows for them to remain applicable to AMS as conditions and priorities change. The Models are designed to be tailored to a range of contexts, and to be implemented by regulatory bodies, consumer agencies and NGOs. The Guidelines. This document complements the Models. It is designed to help individual AMS plan a consumer protection initiative. To...
by Kaisar | Jun 28, 2016 | Consumer Protection, Technical Reports
These modules aim to enhance AMS with effective capacities to adopt and implement consumer protection laws at the national level. They serve as resource materials for training, focusing on technical requirements provisionally involving consumer concerns and demands in 6 core areas: – Consumer Credit & Banking Module – E-Commerce – Environment – Health Care – Product Safety and Labeling – Professional Services These modules were developed through collaboration with UNCTAD. As a follow up, a set of training manuals have also been developed to complement these modules. Download the training manuals here. Related project: Strengthening Technical Competency on Consumer Protection in ASEAN Addressing Gaps in the establishment of an ASEAN Consumer Protection Framework Phase...
by Kaisar | Feb 19, 2016 | Consumer Protection, Publications, Technical Reports
Manufacturers and retailers of goods, other than those for immediate consumption, regularly offer consumers an ‘express warranty’ — an undertaking to repair or replace the goods should they break or otherwise prove defective within a specified period. In some cases these express warranties are ‘voluntary’, in the sense that they are provided by the retailer or manufacturer without additional charge. Another type of express warranty is an extended warranty — an undertaking by the provider of the express warranty (who may be the retailer, the manufacturer or a third party) to repair or replace faulty goods for a specified ‘extended’ period, over and above the period of the voluntary express warranty. It is purchased by the consumer through a contract separate from the original purchase. The benefits provided to consumers by both of these types of express warranties are dependent largely on the terms of the warranty and the consumers’ own preferences. Two additional critical factors that may be addressed by consumer protection legislation are: the rights of the consumer to enforce the warranty against the retailer or manufacturer who provided it whether sufficient information is available to consumers to allow them to make meaningful choices based on the existence of the warranty. This publication discusses best practices in the consumer protection law in place in AMS, Australia, and the European Union in responding to various issues. Consumer rights and guarantees in regard to goods and services that are provided by statute are discussed in Digest 11, included in Volume 1 of this publication. Policy Guide Vol....
