Latin American Consumer Guide 2024 |
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Venezuela |
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(Latin America/Caribbean)
Firm
LEGA
Contributors
Rosa Virginia Superlano |
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| What is the applicable legal regime addressing consumer protection in your jurisdiction? | The legal regime for consumer protection in Venezuela is contained in:
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| What is the definition of a consumer? | Consumers are considered to be natural or legal persons who, as final recipients, acquire, use, or enjoy, via compensation, goods or services, regardless of their public or private nature, whether it is individual or collective, from those who produce, issue, facilitate, supply, lend or order them. |
| What goods and services are covered by consumer protection legislation in your jurisdiction? | All goods and services offered in Venezuela and provided by public or private, national or foreign suppliers |
| Do the applicable regulations provide a list of consumer rights? | Yes. Article 7 of the Organic Law of Fair Prices establishes the rights of consumers, the main ones being:
Right to protection against disadvantageous adhesion contracts that harm your rights or interests. This list is merely illustrative. Consumers have all rights that the Constitution of the Republic and current regulations establish, inherent to people's access to goods and services.
Additionally, in the regulations on products and services subject to special regulation, such as medicines, telecommunications, insurance, banking products, and services, other special rights are established in favor of consumers and users.
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| Do the applicable regulations provide a list of consumer duties? | The LOPJ does not establish specific obligations for users, but ordinary regulations require consumers to act in good faith and use the product for the corresponding normal use.
Furthermore, in the special legislation that governs regulated services such as insurance, banking, telecommunications, and medicines, they do establish duties for consumers, such as:
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| Does the authority have extraterritorial jurisdiction when the offeror of the products or services is not located in the territory under its jurisdiction? | No, but the law applies to natural and legal persons under public or private law, national or foreign, who carry out economic activities in the territory of the Bolivarian Republic of Venezuela, including those carried out through electronic means. |
| Is there any alternative or special regime depending on the type of good or service? | Yes, there are special procedures contained in the legislation that govern products and services subject to special regulation, such as telecommunication, insurance and banking services. Likewise, the LOPJ also establishes the possibility that the Regulatory Entity (SUNDDE) can classify goods and services, as well as persons, activities, or sectors, based on technical criteria and establish different regulatory regimes, requirements, conditions, duties, or mechanisms. of control, depending on the characteristics of the goods or services, the sector that produces or markets them, the activity they carry out, the sphere of |
| What is the minimum information required to be provided to the consumer with respect to goods? | Prices, product characteristics, quality, use or expiration date, manufacturer, instructions for use, conditions of service provision, and other relevant aspects thereof, including the risks that may arise from their use or consumption.
Depending on their nature, some products must offer more information, such as license or authorization data, storage and transportation conditions, ingredients, warnings, and guarantees.
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| Is there a general warranty for products and/or services? | Yes, there is a general obligation to provide a guarantee for the good operation - for services and non-perishable goods - for a minimum period of 120 continuous days from the date of sale or provision of the service. That guarantee must be granted in writing.
As a minimum obligation, the guarantee must offer,
The manufacturer or seller may establish, at their option, a longer duration for their warranty.
The guarantee must be granted in writing (warranty certificate), and it must indicate what it consists of and the conditions to make it effective.
Warranty certificates for products that are subject to mandatory technical standards must be drawn up by the provisions established in the Venezuelan COVENIN Standards (technical quality standards)
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| Are there any products that have a legal warranty different from the general warranty? | When a non-perishable good is discontinued in its manufacture and/or import, the guarantor (manufacturer, distributor, and/or seller) must guarantee the supply of the corresponding spare parts and accessories for a minimum period of two (2) years.
The rebuilt parts or parts must be sold with a warranty, and it will be sufficient for the sales invoice to mention the full functioning of the part and the warranty period, which cannot be less than one hundred eighty (180) days.
The sale of rebuilt or renovated used non-perishable goods that could affect health, safety, and the environment, which are subject to mandatory technical standards, must be accompanied by a guarantee certificate.
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| For what reasons could the consumer initiate a complaint regarding a purchased product or service? | In general, the consumer can initiate claims for malfunctions, hidden defects or any other risk according to the nature of the good or service.
Specifically, the consumer can try actions for the following reasons:
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| Is there a specific judicial action to resolve lawsuits arising from consumer matters? | In general, the consumer can initiate claims for malfunctions, hidden defects, or any other risk according to the nature of the good or service.
There is no special judicial action. However, the LOPJ (article 37) expressly states that affected consumers may sue for damages compensation caused to them.
Actions for the protection of collective and diffuse interests are also appropriate
Specifically, the consumer can try actions for the following reasons:
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| If there is no specific judicial action, how does the consumer make a claim? | N/A |
| What types of damages are recognized in legal actions arising from consumer matters? E.g., compensatory damages and punitive damages. | In accordance with the LOPJ, the consumer may sue damage compensation following ordinary actions per the provisions of the Civil Code and Commercial Code. |
| Can consumer issues lead to class actions? | Yes, consumer matters can lead to collective actions. Among them an action for collective or diffuse interests. Currently, these complaints are not frequent |
| How often does this occur? | N/A |
| Who is responsible for consumer satisfaction? E.g., Producer, supplier, carrier. | All persons involved in the product marketing chain are responsible for consumer satisfaction. |
| Does any authority have the power to regulate, monitor, investigate and sanction non-compliance with the consumer protection regime? | The National Superintendency for the Defense of Socioeconomic Rights (SUNDDE) is the competent authority to ensure consumer rights.
In the case of services subject to special regulation such as insurance, banking and financial services, crypto-assets, lotteries and games of chance, telecommunication services (telephony, mobile, and subscription television), pharmaceutical products, the competence to investigate and monitor the rights of users corresponds to the Public Bodies that regulate these services or products, such as the Autonomous Health Control Service (SACS by its Spanish acronym), the National Center for Pharmacological Surveillance (CENAVIF by its Spanish acronym), the Superintendence of Insurance Activity (SUDEASEG by its Spanish acronym), the Superintendence of Banking Sector Institutions (SUDEBAN by its Spanish acronym) and the National Telecommunications Commission (CONATEL by its Spanish acronym).
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| What type of sanctions could be imposed by the authority? E.g., monetary (indicate max. value), closure of establishment | The LOPJ contemplates the following sanctions:
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| Does the legal regime regulate safety campaigns or product recalls? | There is no regulation or standard on safety campaigns or product recalls in Venezuela.
The Regulation of the Consumer Protection Law relating to the Guarantee obliges retailers to replace the product with another if it is impossible to repair it or, failing that, to refund the price paid. For this, the consumer must make the necessary claim to enforce the guarantee.
In some special regulations, especially in goods for human consumption, for example, the regulations on medicines, they regulate and allow the voluntary withdrawal of products and/or batches from the market. |
| Does the legal regime of safety campaigns or product recalls apply to products marketed abroad and not in the country? | Venezuela has no regulations on safety campaigns and the return of products marketed outside the country.
The Regulation mentioned in the previous question regarding guarantees also applies to foreign products marketed in the country.
However, it is common practice for companies and regulatory authorities to support it that in the case of foreign-made products marketed in the country, local authorities are notified, and notifications and review campaigns are carried out in the country. Replacement and/or repair when they know of failures or damage to these products in other countries.
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| Are there any special regulations on e-commerce? | Currently, there is no special regulation on electronic commerce. However, the Constitution of the Bolivarian Republic of Venezuela, the Organic Law of Fair Prices, the Law of Data Messages and Electronic Signatures, and the Special Law against CyberCrimes, as well as certain Resolutions and Rulings issued by different State bodies, contain related provisions. with different aspects of electronic commerce. |
| What types of e-commerce platforms are regulated by your legislation? List and define them. | There is no regulation about the type of platforms where electronic commerce is carried out. |
| Are there any additional rights for the e-commerce regime? E.g., Right to cancel the purchase. | There are no additional rights for the electronic commerce regime in Venezuela |
| Is this regime applicable for the purchase and sale of crypto assets? | In Venezuela, there is the Constituent Decree on the Cryptoactive System. However, this does not regulate specific procedures or rules for purchasing and selling crypto assets.
The rules relating to consumer protection would be applicable.
|
| Are there any provisions or does the regime contemplate any regulations that must be applied by influencers when advertising? | In Venezuela no special law or rule expressly regulates influencers. However, there are special advertising regulations according to the type of products and services such as pharmaceuticals, insurance, telecommunications services (telephone and subscription television), financial and banking products and services, crypto-assets, lotteries and games of chance, which are applicable to influencers, and they must comply with when carrying out any specific advertising or advertising campaign. |
| Are there any expected changes over the next 12 months that are likely to have a significant impact on the regime in your jurisdiction? | No. Currently, we are not aware that any draft Law or Reform regarding consumer protection is being discussed. |
Latin American Consumer Guide 2024
What is the applicable legal regime addressing consumer protection in your jurisdiction?
The legal regime for consumer protection in Venezuela is contained in:
- The Organic Law of Fair Prices (LOPJ by its Spanish acronym), published in Official Gazette No. 40,787 dated November 8, 2015,
- The rules of the Consumer Protection Law Relating to the Guarantee, published in the Official Gazette No. 35,274 of August 13, 1993.
- The sub-legal regulations issued by the National Superintendency for the Defense of Socioeconomic Rights (SUNDDE by its Spanish acronym).
- The Law of the Venezuelan System for Quality, published in the Official Gazette No. 37,555 of October 23, 2002.
What is the definition of a consumer?
Consumers are considered to be natural or legal persons who, as final recipients, acquire, use, or enjoy, via compensation, goods or services, regardless of their public or private nature, whether it is individual or collective, from those who produce, issue, facilitate, supply, lend or order them.
The LOPJ does not use the term “consumer” it only refers to “user.”
What goods and services are covered by consumer protection legislation in your jurisdiction?
All goods and services offered in Venezuela and provided by public or private, national or foreign suppliers
Do the applicable regulations provide a list of consumer rights?
Yes. Article 7 of the Organic Law of Fair Prices establishes the rights of consumers, the main ones being:
- Right to the protection of life, health, and safety in access to goods and services.
- Right to satisfaction of fundamental needs and access to basic services
- Right to freely access competitive goods and services of optimal quality.
- Right to adequate, truthful, clear, timely, and complete information about the goods and services offered in the market, as well as their prices, characteristics, quality, and other relevant aspects thereof, including the risks that may arise from their use or consumption.
- Right to protection against false, misleading, or abusive advertising and coercive or unfair commercial methods.
- Right to reparation and compensation for damages, deficiencies, and poor quality of goods and services.
- Right to enjoy goods and services in a continuous, regular, effective, efficient, and uninterrupted manner.
- Right to education and knowledge of the rights as users in acquiring goods and services and to promote responsible consumption.
- Right to access effective mechanisms for the administrative protection of their rights and interests, which lead to adequate prevention, sanction, and timely reparation thereof.
- Right to conciliation and withdrawal of claims.
Right to protection against disadvantageous adhesion contracts that harm your rights or interests.
This list is merely illustrative. Consumers have all rights that the Constitution of the Republic and current regulations establish, inherent to people's access to goods and services.
Additionally, in the regulations on products and services subject to special regulation, such as medicines, telecommunications, insurance, banking products, and services, other special rights are established in favor of consumers and users.
Do the applicable regulations provide a list of consumer duties?
The LOPJ does not establish specific obligations for users, but ordinary regulations require consumers to act in good faith and use the product for the corresponding normal use.
Furthermore, in the special legislation that governs regulated services such as insurance, banking, telecommunications, and medicines, they do establish duties for consumers, such as:
- The duty to use the goods according to the instructions for use of the manufacturer and/or distributor,
- Obligation not to alter the issued certificate of warranty.
- Duty not to repair the property in places or by persons not authorized to do so in the warranty certificate.
- Duty to observe the limit of use or expiration date.
- Duty to respect storage and transportation conditions.
- Obligation to present claims within the period and conditions established in the regulations or the service provision contracts.
- Obligation to enter service provision contracts approved by regulatory entities.
Does the authority have extraterritorial jurisdiction when the offeror of the products or services is not located in the territory under its jurisdiction?
No, but the law applies to natural and legal persons under public or private law, national or foreign, who carry out economic activities in the territory of the Bolivarian Republic of Venezuela, including those carried out through electronic means.
Is there any alternative or special regime depending on the type of good or service?
Yes, there are special procedures contained in the legislation that govern products and services subject to special regulation, such as telecommunication, insurance and banking services.
Likewise, the LOPJ also establishes the possibility that the Regulatory Entity (SUNDDE) can classify goods and services, as well as persons, activities, or sectors, based on technical criteria and establish different regulatory regimes, requirements, conditions, duties, or mechanisms. of control, depending on the characteristics of the goods or services, the sector that produces or markets them, the activity they carry out, the sphere of
What is the minimum information required to be provided to the consumer with respect to goods?
Prices, product characteristics, quality, use or expiration date, manufacturer, instructions for use, conditions of service provision, and other relevant aspects thereof, including the risks that may arise from their use or consumption.
Depending on their nature, some products must offer more information, such as license or authorization data, storage and transportation conditions, ingredients, warnings, and guarantees.
Is there a general warranty for products and/or services?
Yes, there is a general obligation to provide a guarantee for the good operation - for services and non-perishable goods - for a minimum period of 120 continuous days from the date of sale or provision of the service. That guarantee must be granted in writing.
As a minimum obligation, the guarantee must offer,
- The replacement or return of the property or compensation for the damage suffered.
- The refund of the price paid for the product.
- Repair of the product due to malfunctions.
The manufacturer or seller may establish, at their option, a longer duration for their warranty.
The guarantee must be granted in writing (warranty certificate), and it must indicate what it consists of and the conditions to make it effective.
Warranty certificates for products that are subject to mandatory technical standards must be drawn up by the provisions established in the Venezuelan COVENIN Standards (technical quality standards)
Are there any products that have a legal warranty different from the general warranty?
When a non-perishable good is discontinued in its manufacture and/or import, the guarantor (manufacturer, distributor, and/or seller) must guarantee the supply of the corresponding spare parts and accessories for a minimum period of two (2) years.
The rebuilt parts or parts must be sold with a warranty, and it will be sufficient for the sales invoice to mention the full functioning of the part and the warranty period, which cannot be less than one hundred eighty (180) days.
The sale of rebuilt or renovated used non-perishable goods that could affect health, safety, and the environment, which are subject to mandatory technical standards, must be accompanied by a guarantee certificate.
For what reasons could the consumer initiate a complaint regarding a purchased product or service?
In general, the consumer can initiate claims for malfunctions, hidden defects or any other risk according to the nature of the good or service.
Specifically, the consumer can try actions for the following reasons:
- For breach of the guaranteed obligation.
- Due to lack or insufficiency of spare parts and parts of a good.
- By entering contracts with conditions that violate your rights.
- For violating the public sale price (PMVP) set by the authorities in the case of products with regulated prices.
- Due to the lack of marking of the retail price (PMVP) on the products.
- For offers (discounts, gift offers, and the like) not fulfilled.
- By imposition of conditional sales.
- In the case of continuous provision of services, for not receiving the service in a continuous, regular, effective, efficient, and uninterrupted manner.
Is there a specific judicial action to resolve lawsuits arising from consumer matters?
In general, the consumer can initiate claims for malfunctions, hidden defects, or any other risk according to the nature of the good or service.
There is no special judicial action. However, the LOPJ (article 37) expressly states that affected consumers may sue for damages compensation caused to them.
Actions for the protection of collective and diffuse interests are also appropriate
Specifically, the consumer can try actions for the following reasons:
- For breach of the guaranteed obligation.
- Due to lack or insufficiency of spare parts and parts of a good.
- By entering contracts with conditions that violate your rights.
- For violating the public sale price (PMVP) set by the authorities in the case of products with regulated prices.
- Due to the lack of marking of the retail price (PMVP) on the products.
- For offers (discounts, gift offers, and the like) not fulfilled.
- By imposition of conditional sales.
- In the case of continuous provision of services, for not receiving the service in a continuous, regular, effective, efficient, and uninterrupted manner.
If there is no specific judicial action, how does the consumer make a claim?
N/A
What types of damages are recognized in legal actions arising from consumer matters? E.g., compensatory damages and punitive damages.
In accordance with the LOPJ, the consumer may sue damage compensation following ordinary actions per the provisions of the Civil Code and Commercial Code.
Can consumer issues lead to class actions?
Yes, consumer matters can lead to collective actions. Among them an action for collective or diffuse interests. Currently, these complaints are not frequent
How often does this occur?
N/A
Who is responsible for consumer satisfaction? E.g., Producer, supplier, carrier.
All persons involved in the product marketing chain are responsible for consumer satisfaction.
Does any authority have the power to regulate, monitor, investigate and sanction non-compliance with the consumer protection regime?
The National Superintendency for the Defense of Socioeconomic Rights (SUNDDE) is the competent authority to ensure consumer rights.
In the case of services subject to special regulation such as insurance, banking and financial services, crypto-assets, lotteries and games of chance, telecommunication services (telephony, mobile, and subscription television), pharmaceutical products, the competence to investigate and monitor the rights of users corresponds to the Public Bodies that regulate these services or products, such as the Autonomous Health Control Service (SACS by its Spanish acronym), the National Center for Pharmacological Surveillance (CENAVIF by its Spanish acronym), the Superintendence of Insurance Activity (SUDEASEG by its Spanish acronym), the Superintendence of Banking Sector Institutions (SUDEBAN by its Spanish acronym) and the National Telecommunications Commission (CONATEL by its Spanish acronym).
What type of sanctions could be imposed by the authority? E.g., monetary (indicate max. value), closure of establishment
The LOPJ contemplates the following sanctions:
- Administrative Sanctions:
- Fine for amounts between 500 to 50,000 Tax Units (UT)
- Temporary closure, from 48 hours to 180 continuous days of warehouses, deposits, or establishments dedicated to the trade, conservation, storage, production, or processing of goods.
- Temporary suspension in the Registry of People Who Develop Economic Activities (RUPDAE)
- Temporary occupation (by SUNDDE) with the intervention of warehouses, industries, businesses, and transportation of goods, up to one hundred and eighty (180) days, extendable only once.
- Closure of warehouses and establishments dedicated to the trade, conservation, storage, production, or processing of goods.
- Confiscation of the property subject to the infringement or the means with which the infringement was committed
- Revocation of concessions, licenses, permits, or authorizations issued by public bodies or entities.
- Criminal Sanctions: prison sentence between 05 and 15 years.
- Precautionary Measures: During the administrative sanctioning procedure, the following may be issued:
- Preventive seizure of merchandise.
- Temporary occupation of establishments or assets essential for the development of the activity.
- Temporary closure of the establishment.
- Temporary suspension of licenses, permits, or authorizations issued by SUNDDE.
- Immediate adjustment of prices of goods or services.
Does the legal regime regulate safety campaigns or product recalls?
There is no regulation or standard on safety campaigns or product recalls in Venezuela.
The Regulation of the Consumer Protection Law relating to the Guarantee obliges retailers to replace the product with another if it is impossible to repair it or, failing that, to refund the price paid. For this, the consumer must make the necessary claim to enforce the guarantee.
In some special regulations, especially in goods for human consumption, for example, the regulations on medicines, they regulate and allow the voluntary withdrawal of products and/or batches from the market.
Does the legal regime of safety campaigns or product recalls apply to products marketed abroad and not in the country?
Venezuela has no regulations on safety campaigns and the return of products marketed outside the country.
The Regulation mentioned in the previous question regarding guarantees also applies to foreign products marketed in the country.
However, it is common practice for companies and regulatory authorities to support it that in the case of foreign-made products marketed in the country, local authorities are notified, and notifications and review campaigns are carried out in the country. Replacement and/or repair when they know of failures or damage to these products in other countries.
Are there any special regulations on e-commerce?
Currently, there is no special regulation on electronic commerce. However, the Constitution of the Bolivarian Republic of Venezuela, the Organic Law of Fair Prices, the Law of Data Messages and Electronic Signatures, and the Special Law against CyberCrimes, as well as certain Resolutions and Rulings issued by different State bodies, contain related provisions. with different aspects of electronic commerce.
What types of e-commerce platforms are regulated by your legislation? List and define them.
There is no regulation about the type of platforms where electronic commerce is carried out.
Are there any additional rights for the e-commerce regime? E.g., Right to cancel the purchase.
There are no additional rights for the electronic commerce regime in Venezuela
Is this regime applicable for the purchase and sale of crypto assets?
In Venezuela, there is the Constituent Decree on the Cryptoactive System. However, this does not regulate specific procedures or rules for purchasing and selling crypto assets.
The rules relating to consumer protection would be applicable.
Are there any provisions or does the regime contemplate any regulations that must be applied by influencers when advertising?
In Venezuela no special law or rule expressly regulates influencers. However, there are special advertising regulations according to the type of products and services such as pharmaceuticals, insurance, telecommunications services (telephone and subscription television), financial and banking products and services, crypto-assets, lotteries and games of chance, which are applicable to influencers, and they must comply with when carrying out any specific advertising or advertising campaign.
Are there any expected changes over the next 12 months that are likely to have a significant impact on the regime in your jurisdiction?
No. Currently, we are not aware that any draft Law or Reform regarding consumer protection is being discussed.