VU THUY BAO VY
ACADEMY
VIETNAMESE SOCIAL SCIENCES
Maybe you are interested!
-
Social Organizations Participate in Protecting Consumer Rights -
China's Experience in Protecting Consumer Rights -
Compensation for damages caused by violation of consumer rights, theoretical and practical issues - 5 -
Enhancing Borrower Responsibility in Assessing Financial Capacity to Protect Consumer Borrowers' Rights -
Compensation for damages caused by violation of consumer rights under Vietnamese Civil Law - 14
Academy of Social Sciences
VU THUY BAO VY
ECONOMIC LAW
PROTECTING CONSUMER RIGHTS IN VACCINATION ACCORDING TO VIETNAMESE LAW FROM PRACTICE IN HO CHI MINH CITY
COURSE VI - BATCH 1 - 2015
MASTER'S THESIS IN LAW
ACADEMY
VIETNAMESE SOCIAL SCIENCES
Academy of Social Sciences
VU THUY BAO VY
PROTECTING CONSUMER RIGHTS IN VACCINATION ACCORDING TO VIETNAMESE LAW FROM PRACTICE IN HO CHI MINH CITY
Major: Economic Law Code: 60.38.01.07
MASTER'S THESIS IN LAW
SCIENTIFIC INSTRUCTOR: DR. NGUYEN VAN CUONG
INDEX
INTRODUCTION 01
Chapter 1: Theoretical issues on protecting human rights
consumption in vaccination 07
1.1 Overview of vaccines and vaccination 07
1.2 Overview of consumers in vaccination 08
1.2.1 The concept of consumers in vaccination 08
1.2.2 Consumer characteristics in vaccination 09
1.3 Overview of the subject providing vaccination services 11
1.3.1 Entities participating in providing vaccination services 11
1.3.2 Conditions for ensuring the quality of vaccination services 13
1.4 General overview of laws protecting consumer rights
used in vaccination 18
1.4.1 The need to protect consumer rights in vaccination
vaccine by law 18
1.4.2 Legal structure to protect consumer rights in
vaccination 19
Chapter 2: Current status of consumer rights protection in vaccination according to Vietnamese law in Ho Chi Minh City
Minh 23
2.1 Current status of laws protecting consumer rights in vaccination
Vaccination room in Vietnam today 23
2.1.1 Consumer rights and obligations 23
2.1.2 Responsibilities of the entity providing vaccination services 26
2.1.3 Responsibilities of state management agencies 30
2.1.4 Sanctions for violations of consumer rights
in vaccination 33
2.2 Practices of protecting consumer rights in vaccination
vaccines in Ho Chi Minh City 37
2.2.1 Current status of vaccine use and preservation 37
2.2.2 Current status of information dissemination related to vaccine quality
for consumers 42
2.2.3 Current status of inspection, examination and handling of violations by agencies
State management 45
2.2.4 Current status of applying measures and sanctions to handle violations
Consumer rights in vaccination 46
2.2.5 Inadequacies in regulations and law enforcement
consumer protection in vaccination 54
Chapter 3: Solutions to improve the effectiveness of protecting human rights
consumption of vaccines in Ho Chi Minh City 60
3.1 Requirements to improve the effectiveness of consumer rights protection
in vaccination in Ho Chi Minh City 60
3.2 Some solutions to improve the law on rights protection
Consumers in Vaccination 62
3.3 Some recommendations to improve the effectiveness of law enforcement on consumer rights protection in vaccination on
Ho Chi Minh City area 67
CONCLUSION 73
LIST OF REFERENCES 75
LIST OF ABBREVIATIONS
1. BVQLNTD Protecting consumer rights
2. GMP Good Manufacturing Practice
(Good Manufacturing Practice)
3. GSP Good Storage Practice
(Good practice in drug storage)
4. NTD Consumers
5. TCMR Expanded Immunization
INTRODUCTION
1. Urgency of the topic
The rapid development of many new strains of viruses associated with the spread of many infectious diseases in the world (such as dengue fever, hand, foot and mouth disease, Ebola, Zika, flu, etc.) has created great pressure on the health sector of the world in general and of Vietnam in particular. The prevalence of these epidemics also puts great pressure on disease prevention work in the community and at the same time creates a change in people's awareness of vaccination (one of the effective and cost-saving disease prevention methods).
Faced with the high demand for quantity, type and quality of vaccines in disease prevention, scientists, pharmaceutical and research institutes have tried to search, research, invent and test new vaccines, improve the uses and features of existing vaccines to increase the effectiveness of disease prevention (reduce the number of injections, improve the quality, safety and effectiveness of disease prevention vaccines).
While goods and products that do not ensure quality, if circulated on the market, will greatly affect the rights of the people (consumers), vaccines (as a special commodity, directly related to the health and life of users) that do not ensure quality when put into circulation will cause especially great impacts. In fact, due to the quality of vaccines not being guaranteed, there have been cases of vaccinated people suffering from post-injection complications leading to long-term health consequences, even death. When such risks occur, vaccinated people have to suffer serious consequences both physically and mentally for themselves and their families, while society's trust in vaccination services is greatly reduced, which is very unfavorable for the general disease prevention and control work of the whole society.
In recent years, the State has paid attention to perfecting the law on consumer rights protection in order to better protect the legitimate rights and interests of consumers. The law on consumer rights protection clearly stipulates the responsibilities of the subjects in the transaction relationship between consumers and suppliers. This is clearly shown in the provisions of the Law on Consumer Rights Protection 2010 and the documents guiding its implementation. These provisions are also applied to the protection of consumer rights in vaccination, which is not only protected by the Law on Consumer Rights Protection 2010 but also by specialized legal regulations on medicine and pharmacy or related fields. However, in reality, the legitimate rights and interests of consumers in vaccination are still violated while the protection mechanism is still quite ineffective. In that context, it is necessary to continue research to improve the law on protecting consumer rights in vaccination. That is the reason why I chose the topic "Protecting consumer rights in vaccination according to Vietnamese law from the practice of Ho Chi Minh City" as my research topic.
2. Research status of the topic
Consumer protection law in recent years has received more attention from researchers and practitioners. Up to now, there have been a number of research projects directly or indirectly related to this topic such as:
- Institute of Legal Science - Ministry of Justice, " Corporate product liability - legal tool to protect consumers ", Ministry-level scientific research project, Le Hong Hanh (head), Hanoi, 2010;
- Institute of Legal Science - Ministry of Justice, " Strengthening the capacity of law enforcement institutions to protect consumer rights in Vietnam ", Topic
Ministerial level scientific research, Nguyen Thi Van Anh (director), Hanoi, 2014;
- Hanoi Law University, “ Legal research on the right to information provision and information protection of consumers in Vietnam ”, School-level scientific research project, 2013 (chaired by Dr. Nguyen Thi Van Anh).
- Institute of Legal Science, Ministry of Justice, Basic Investigation Project "Assessing the current status of law enforcement on food safety and the role of law enforcement agencies" in 2013-2015 (chaired by Dr. Nguyen Van Cuong).
- PhD thesis, “Corporate responsibility for product quality”, Chu Duc Nhuan, Academy of Social Sciences, 2012;
- PhD thesis, "Improving the law on protecting consumer rights in Vietnam today", Nguyen Thi Thu, Academy of Social Sciences, 2013;
- Master's thesis, "Responsibility for ensuring product quality of manufacturers according to the Law on protection of consumer rights in Vietnam today"; Tran Thanh That, Academy of Social Sciences, 2014.
- PhD thesis " Implementing laws to protect consumer rights in Vietnam " by author Le Thanh Binh (Ho Chi Minh National Academy of Politics, 2012);
- Master's thesis " Law regulating the protection of consumer rights in Vietnam today " by author Ngo Lan Huong (Academy of Social Sciences - Vietnam Academy of Social Sciences, 2015);
- Master's thesis " Consumer protection in the field of food safety and hygiene according to current laws of our country " by author Nguyen Dieu Vu (Academy of Social Sciences - Vietnam Academy of Social Sciences, 2016);