Damascus-Sana
President Bashar Al-Assad issued today Legislative Decree No. (8) for the year 2021, which includes the new consumer protection law, which aims to protect consumer rights, ensure food safety and prevent monopoly by setting controls for practicing trade and pricing and imposing control over the quality of materials and products while tightening penalties and fines for monopoly and sale No invoice, no pricing, manipulation of weight and weights, excessive selling and fraud.
The following is the text of the decree:
Legislative Decree No. 8
President of the Republic
Based on the provisions of the constitution.
Draws the following:
Chapter 1
Definitions
Article (1)
- The words and phrases mentioned in the course of implementing the provisions of this Legislative Decree mean the meaning indicated next to each of them:
The Ministry: The Ministry of Internal Trade and Consumer Protection.
Minister: Minister of Internal Trade and Consumer Protection.
The Directorate: The Directorate of Internal Trade and Consumer Protection in the Governorate.
Consumer: The person who buys or provides materials or goods of various kinds, or benefits from any service in accordance with the provisions of this Legislative Decree.
Product: Every food, industrial, agricultural, craft or service item, including the raw materials that make up the manufactured or semi-finished material.
Commodity: Every product intended for display and personal use or consumption.
Service: Every work or activity provided for a fee to the consumer by any commercial, industrial, tourism, professional, craftsman or agricultural activity.
Basic materials, goods or services: The materials, goods or services that meet a basic need for consumers, and are determined by a decision of the minister after approval by the competent committee formed under the chairmanship of the Council of Ministers.
Supplier or seller: The person who provides a service, produces, manufactures, imports, sells, leases, offers, trades, distributes or markets a commodity, in order to provide it to the consumer, deal with him or contract with him in any way, including electronic means. This includes the wholesaler, half of the wholesale, or the retailer.
Label card: the collection of data, written symbols and trademarks, and anything pictorial or descriptive, whether written, printed, engraved, declared, attached, attached, included, attached, or accompanying any material, product or commodity, including the expiration date written in clear handwriting And legible.
Advertising: Any work read, audible, visual, or coded aimed at promoting or marketing a material, product, commodity or service, directly or indirectly.
Misleading advertisement: An advertisement that is made by any means, and includes an offer, statement or false allegation, or expressed in terms that would lead directly or indirectly to deceiving or deceiving the consumer.
Coding by lines: Lines printed on the material, product, or commodity to identify information related to it, such as the country of origin, the identity of the manufacturer, its classification, validity, the number of the dish, its price, and others.
Food Standard Specifications: A document issued by the concerned public authority specifying the scope of its application, the requirements of the material, instructions, the characteristics of the foodstuff, methods of analysis, storage and packaging, methods of sampling, the requirements of the identification card and the technical terms related to the national standard specifications compatible with international standards and the technical conditions issued by the concerned public authority.
Spoiled food: Every food unfit for consumption according to what was initially prepared for it, or in which there was a physical or chemical change, or bacterial or biological contamination, or its shelf life has expired, or was the result of a dead animal.
Food safety: ensuring that food does not cause any harm to health when consumed or consumed according to what was prepared for it.
Monopoly: The act of one or more persons negatively affecting the supply of the market in a manner that harms the principle of competition or leads to an increase in the price or breach of consumer rights.
Anonymous materials: materials, products, or commodities that do not carry any data indicating their origin or source, and their owner or seller does not legally declare their existence in commercial, industrial or agricultural circulation, and this definition does not include materials that are customary to produce locally and which are Determined by a decision of the Minister.
Defect: Anything that deficits or breaches the specifications, conditions, standards, or standards to be provided in the material, product, commodity or service, as the case may be, in a way that renders it unfit for use or benefit from it according to what it has been prepared for.
The informant: The central laboratory in the ministry, and the sub-laboratories in its directorates and related authorities.
Approved laboratory: Any laboratory accredited by the Ministry or any competent national or international accreditation body.
Analyst: The person who performs the laboratory analysis process in all its stages, or the direct supervision process.
Technician: A person who has sufficient experience in the field of technical specifications, weights, quality, mobile laboratories, or equipment maintenance and works in one of them.
Certified expert: Every person who possesses the scientific knowledge and know-how and the specialized process approved by the Ministry.
The Society: The Consumer Protection Association.
The electronic card: A tool issued by the concerned public authority that gives its owner the right to obtain services, materials or goods whose price is subsidized by the state.
Temporary imprisonment: a criminal penalty description, to which the provisions of the temporary detention penalty stipulated in the Penal Code apply.
Chapter II
Goals, rights and obligations
Article (2)
This legislative decree aims to protect consumer rights, ensure food safety, prevent monopoly, and practice economic activity for all, in a way that guarantees consumer rights, by working to achieve the following:
A- Meet the consumer's needs of various materials, products, goods and services.
B- To control the quality and safety of food, materials, products, goods and services provided to the consumer, and not to tamper with their prices.
C- Inform the consumer of his rights.
D- Promote a culture of consumer complaints and social responsibility.
E- Ensure that consumers exercise their rights to make the most appropriate choice of goods and services available in the market.
Article (3)
This legislative decree guarantees consumer rights, in particular the following rights:
A- Obtaining the material, product, good or service according to its intended purpose.
B- Health and safety when using or consuming the materials, products, goods and services provided to him, in the natural form and the specified manner.
C- Knowing the price and all the correct information and data about the materials, products, goods or services that he buys or provides for the purpose of using or consuming them.
D- The freedom to choose the materials, products, goods or services that meet the quality conditions that are in conformity with the specifications and the price specified for them.
E- Obtaining an invoice proving that he acquired the material, product, good or service, including the type, date of dealings and the price paid.
F - decent treatment and respect for community customs and traditions.
G- Submit a complaint about the violations stipulated in this Legislative Decree.
Article (4)
A- The consumer has a one-time right to replace the material, product or commodity with another of the same variety or of the same value without incurring any expenses within three days of its receipt, and without prejudice to any guarantees, legal conditions or a better agreement.
B- The consumer has the right to return the material, product or commodity and recover its price without incurring any expenses, if it is found that there is a defect or it is not possible to replace it with another of the same type or value.
C- The consumer is not entitled to exchange in the following cases:
1- If the nature of the material, product or commodity, its characteristics, or the method of its packaging or packaging, prevents it from being replaced or returned, or it is impossible to return it to the condition it was in when the sold item was delivered.
2- If the material, product, or commodity is consumer, and subject to rapid perishable.
3- If the material, product, or commodity is not in the same condition it was in at the time of delivery of the sale for a reason related to the consumer.
4- If the material, product or commodity is manufactured according to special specifications set by the consumer, and it conforms to these specifications.
5- Books, newspapers, magazines and electronic programs.
D- It is permissible, by a decision of the Minister, to add other cases to the cases stipulated in Paragraph / C / of this Article.
Article (5)
The retailer is obligated to place a statement that includes the consumer's right to exchange and return in a conspicuous place inside the places where the materials, products, or goods are sold.
Article (6)
A- The supplier is obligated, within a maximum period of seven days from the date of his discovery or knowledge of the existence of a defect in the material, product or commodity, to inform the Directorate of this defect and its potential damages.
B- The supplier is obligated to inform the Directorate of the defect immediately upon discovering it or becoming aware of it, if it would harm the health or safety of the consumer, and to announce that he has stopped producing or dealing with the product.
Article (7)
The semi-wholesale and retail seller and the service provider are obligated to announce the prices of the materials, products, goods or services in a clear and legible manner within the places where they are sold or provided.
Article (8)
The supplier is obligated not to possess or sell any unknown or spoiled materials.
Article (9)
The supplier is obligated to abide by the instructions and decisions issued by the Ministry based on the provisions of this legislative decree.
Article (10)
Every condition that exempts or detracts from the supplier's obligations stipulated in this legislative decree shall be null and void.
Chapter III
Powers
Article (11)
In order to achieve the objectives of this legislative decree, the Ministry shall assume the following powers:
A- Take the necessary measures to prevent monopoly and tampering with prices of materials, products, goods and services and their specifications.
B- Determining the price, including the maximum profit, calculated on the basis of the real cost, without prejudice to the supplier's right to reduce the price in the interest of the consumer.
C- To oblige the importer to submit customs declarations and all documents required by the ministry to price their imports.
D- Obliging the importer, producer, and wholesaler to submit a declaration on the basic materials and commodities that he possesses or trades in to the ministry or its directorates, and these permits are exempt from the stamp duty.
E- Monitoring compliance with the advertisement of prices and the allowance for services provided in accordance with the provisions of this legislative decree, and compliance with economic rules related to legitimate competition, in a manner that secures the consumer’s freedom of choice.
Article (12)
A-Contrary to any text in force, committees are formed by a decision of the Minister to determine prices in each governorate as follows:
Member of the competent executive office of the governorate council as chairman
Director of Domestic Trade and Consumer Protection as a member and vice president
A representative of the Ministry of Agriculture and Agrarian Reform as a member
A representative of the chambers of commerce, industry, agriculture, tourism, the peasants' union, or the craftsmen union, as the case may be, as a member
Head of the directorate’s price department as a member and rapporteur
B- The committee shall be responsible for the following:
1- Determine the prices of local materials, products, goods and services.
2- Determine the allowance for the performance of services that have an effect on the prices of materials, goods and services.
3- Determine the prices and allowances for performing services in hotels, restaurants, cafes, cabarets, parks, and all stores that provide food and drink that are not eligible or classified as tourism.
C- Committees abide by the Ministry's instructions on the basis for determining prices and service allowances according to them, provided that coordination is made with the Ministry of Tourism regarding the implementation of the provisions of Clause (3) of Paragraph (B) of this Article.
D- The committee shall seek the help of whoever it deems appropriate from the concerned public authorities according to the nature of the materials, products, goods or services to accomplish its tasks.
Article (13)
- With the exception of materials, products and commodities that require daily pricing, the prices set by the committees shall be in effect for a period of fifteen days from the date of their announcement within the governorate, and the tables are announced by pasting them in the markets and the Directorate, and by any other means that is capable of informing them to the supplier and the consumer, and the tables announced become on As mentioned, it is obligatory for everyone who trades in materials, products and commodities with fixed prices for the duration of their validity period.
Article (14)
A- A central pricing committee was formed by the Minister’s decision as follows:
Director of the Directorate of Prices Affairs at the Ministry as Chairman
Assistant Director of the Consumer Protection Directorate at the Ministry, as a member
A representative of the Ministry of Economy and Foreign Trade, as a member
A representative of the Central Bank of Syria, as a member
A representative of the General Customs Directorate, as a member
A representative of the Federation of Chambers of Commerce, as a member
A representative of the Federation of Chambers of Industry, as a member
A representative of the Federation of Chambers of Agriculture, as a member
The head of the department concerned with the Directorate of Prices Affairs in the Ministry, member and reporter
B- The committee shall undertake the pricing of basic materials, goods or services.
C- The committee shall seek the assistance of whomever it deems appropriate to accomplish its tasks.
Article (15)
A- A committee shall be formed by a decision of the Minister as follows:
Associate Minister Concerned Chairman
Director of the Consumer Protection Directorate at the Ministry, as a member
A representative of the Ministry of Economy and Foreign Trade, as a member
A representative of the General Customs Directorate, as a member
A representative of the Federation of Chambers of Commerce, Industry or Agriculture, as the case may be, as a member
B- The committee shall decide on the objections submitted to the decisions issued by the Central Pricing Committee and the price setting committees in each governorate.
C- The meeting of the committee is considered legal in the presence of the majority of its members, provided that among them is the chairman of the committee.
D- The committee takes its decisions by the majority of the members present, and in the event of a tie, the president's side shall prevail.
E- The committee decides on the objection within (72) seventy-two hours from the date of its submission, and the work remains in effect at the specified price until the objection is decided upon, unless the commodity is imported, then the sale shall be suspended until the objection is decided upon.
the fourth chapter
Provisions for sale, storage and quality
Article (16)
The supplier is prohibited from doing the following:
A- Rejecting requests to sell or provide services that he can meet.
B- Closing down the facility or shop intended for selling materials, products, or goods, or providing services that are specified by a decision of the Minister, without a legitimate excuse.
C- Concealment or withholding of materials, products or commodities from circulation.
Article (17)
It is prohibited for every supplier to possess, directly or through an intermediary, materials, products, or goods that do not fall within the scope of his trade or normal profession except after obtaining the necessary license.
Article (18)
A- Producers and wholesalers who manufacture or trade in materials or basic commodities, or who provide basic services, are prohibited from leaving their business or refraining from practicing them in the usual manner, except after the approval of the Minister or his authorized representative.
B- The approval stipulated in Paragraph (A) of this Article is granted to everyone who is proven to be unable to continue working, either due to personal disability or loss that prevents him from continuing his work, or for any other excuse accepted by the Ministry.
C- The approval request shall be decided upon by a reasoned decision within seven days from the date of its submission, and if the period elapses without the decision being issued, this shall be deemed acceptance.
Article (19)
A- The importer must keep import data for the materials, products, or goods he deals with.
B- The wholesaler, semi-wholesale, and retail seller shall keep the purchase invoices for his materials, products, or commodities.
C- The supplier must organize his sales invoices, whether the sale is in cash, in installments, later, or consignment for sale with the trust, in at least two copies and in the Arabic language, and a copy is given to the buyer, and a copy is kept for presentation upon request, and another copy in a foreign language may be organized as determined by the Ministry.
Article (20)
The invoice that the wholesaler, half-wholesaler, and retailer receives for his purchases is considered a proof of the legality of his possession of it.
Article (21)
Exempt from presenting the bill:
A- The farmer or farmer with regard to his products, and he is also exempt from giving the invoice when selling it.
B- The producer when he displays his production for sale in his sales halls that are designated for his production only, and which carry the same trademark, and he is satisfied with a consignment statement indicating the quantities sent, their type, specifications and final price proving that this is correct, and he must give the invoice if he sells to the consumer.
C- The importer to whom the same situation stipulated in Paragraph (b) of this Article applies, and at that time the customs declaration and other documents are sufficient for the import permit, and he must give the invoice in the event that he sells to the consumer.
Article (22)
The form, content and mechanism of organizing the invoice are specified in the executive instructions.
Article (23)
Every producer, importer, plant owner, carrier, seller of materials, products, or commodities, who works or possesses, must deliver a sample of two identical forms, or one form of perishable materials, of the suspect material to the workers assigned to implement the provisions of this Legislative Decree And in the event of his refusal, these workers are entitled to take them without his approval, and the sampling shall be in accordance with the instructions issued by the Ministry.
Article (24)
Immediately after the samples are taken, a report of four copies shall be drawn up containing the following data:
A- Date and time.
B- The names of the employees who organize the record of the sample seizure, their percentage and their capacity.
C- The place where the sample was taken and the seizure record organized.
D- The name, percentage, profession, place of residence or residence of the person with whom the samples were taken. If samples are taken during the transport of things, the name and place of residence of the persons mentioned in the shipping papers or the bills of exchange shall be mentioned as senders or consignors to them.
E- The cause of suspicion and a brief summary of the circumstances in which the sample was taken, and the quantity of materials, products or commodities from which the samples were taken, and the entire content of the identification card, in terms of the trademark, labels placed on the packages and containers, and all the information useful to prove the authenticity of the samples taken, their identity and the name by which It was when offered for sale or acquired.
F- The method and place of storing or displaying the suspected material, product, or commodity.
Article (25)
A- The organizers of the record of the sample seizure must inform the owner of the materials, products or commodities, their holder or the carrier of their official capacity before starting to organize it.
B- A copy of the record shall be delivered to the person against whom it was organized after being signed by the seizure organizers, and by those concerned, and in the event that he refuses to sign, this is indicated in the seizure body.
C- The sample is stamped with a special seal made of lead or red wax, and an approved identification card is placed on it, and the ring is only removed in the laboratory or the accredited laboratory, or in front of an expert approved by the ministry or the competent ministry in the absence of an accredited laboratory.
D- The sample is taken in healthy and sound conditions that take into account the conditions that must be followed to keep it from being affected by weather conditions and other factors that may affect it, and it is kept within the appropriate conditions until it is sent to the informant, provided that the informant is informed in case the sample is exposed to any emergency or any defect of the conditions required for its preservation. .
E- The seizure records organized with the sample are referred to the Directorate and recorded in a special confidential register prepared for this purpose. The date of their receipt and the secret number are recorded on the identification card attached to the sample, and one form of the sample to be analyzed shall be sent to the laboratory, the accredited informant, or the certified expert, within a maximum period of eight Forty hours from the time and date of drawing the sample, in order to verify its conformity with the specifications and decisions in force, and the second form is kept in a place designated for that according to the storage conditions for the sample and written on its identification card, and the method of preserving the second forms is under the supervision of the concerned directorate.
Article (26)
- A- The accredited laboratories for testing or analyzing samples of materials, products and commodities placed for local consumption, produced or imported, shall be determined by a decision of the Minister, and the time limits required for the statement of test and analysis results and the fees for analysis, testing or calibration, or the allowance for scientific services at the accredited laboratories.
B- If the expert report denies that the sample violates the approved standard specifications, the concerned directorate that withdraws the sample immediately informs the concerned person about that, and returns the second sample of the sample in exchange for its retrieval of the sample seizure copy within a period of sixty days from the day following the date of notification.
C- If the experience report or the analysis certificate concludes that there is a violation, the concerned person, who has the right to object, shall be notified within eight days starting from the day following the date of the notification before the directorate that detected the violation, or before the directorate in which the concerned person conducts his commercial activity, which in turn performs its role. By referring the objection to the concerned directorate immediately to complete the file to send it to the ministry for presentation to the committee formed in the ministry by the minister for this purpose.
D- In the event that the objection is accepted, the analysis shall be repeated for the second sample of the sample according to the applicable standard specification at the expense of the objector at one of the accredited laboratories, and the results of the analysis for this sample are final. In the event of rejection, the decision must be justified, and the seizure and its attachments are referred to the competent court.
E- The laboratory reports are final with regard to materials, products, or perishable goods that are determined by a decision of the Minister, and are not subject to re-testing or analysis.
Article (27)
A- The suspicious materials, products or commodities from which samples were drawn by the workers assigned to implement the provisions of this legislative decree are reserved until the results of the analyzes appear.
B- In the event that there is no irregularity in the samples, the seizure shall be lifted and the seized items shall be returned to its owner.
C- In the event that a violation is found, the seizures shall be sent to one of the warehouses specified by the Minister. If this is not possible, it shall be handed over to a third person as a trust, and the seizure shall be referred to the competent court.
D- In the event that the seized materials, products, or goods are liable to perish with the passage of time, or their preservation requires expenses equivalent to their value, then the competent court may order to sell them at the prevailing or specified price if they are not harmful to health, and in this case their price is kept in the public treasury until The judiciary decides on the matter.
E- If the violating materials, products, or goods are harmful and unfit for consumption according to what they have been prepared for, but they can be used for industrial, agricultural or other purposes, then they are sold by a decision of the competent court and their price is considered a revenue to the public treasury, but if they cannot be used for any Object to be asset destroyed.
Article (28)
- The materials, products, or commodities must be in conformity and fulfillment with the Syrian standard specifications and the health, environmental and safety requirements related to them, and in the absence of them, they shall be subject to the decisions and instructions issued by the Ministry, and the supplier shall announce their specifications, type, method of preservation, storage, use and validity period if their nature requires this. .
Article (29)
- The supplier shall guarantee the quality of the material, product, or commodity after it has been sold and delivered to the consumer within the period of the warranty, and every condition that conflicts with the consumer's right to guarantee, including maintenance services, is considered null.
Article (30)
It is prohibited to advertise or promote in any medium whatsoever, for counterfeit materials, products or goods or bearing symbols, shapes or specifications that do not conform to reality, and that would lead to fraud or deceive the consumer in the following matters:
A- The quality of the materials, products or commodities, their composition, essential characteristics, type, type, quantity, method of manufacture and use, origin, production date and trademark.
B- The competencies and qualities declared on the materials, products or commodities in relation to their properties and expected results.
C- Coding by “barcode” or other approved coding methods for a natural or legal person without his consent.
Article (31)
The Ministry, after coordination with the concerned public authority, should:
A - Prohibition of manufacturing products with a specific name that contradicts the elements that must be included in their composition, or selling such products or offering them for sale or possessing them with the intention of selling or placing data on them that do not match the truth.
B - Imposing a certain minimum or limit of the elements included in the materials used in human or animal food, or in materials prepared for sale in a specific name, or in any other materials, products or commodities.
C- To impose or regulate the use of utensils, containers, or other things in the preparation of foodstuffs and others, in their manufacture, weighing, packaging, packing, preservation, possession, distribution, transportation, display, offering for sale or sale.
D- A statement of the conditions for the consumption of materials, products or commodities, their name, preservation, and possession, and the cases in which they are not suitable for consumption, and the cases in which their source, place of manufacture, name of their maker, or other necessary data must be imposed. It may impose conditions on the use of materials or products. Or commodities, whatever they are, and to regulate their sale, offering for sale, or possession, and to indicate the manner in which the data are written or how the records and books are organized or certificates are given and approved.
Article (32)
- The competent minister or minister shall prohibit the sale of materials, products, or commodities, or offering them for sale or possessing them for the purpose of sale, in case their quantity, measurement, agent, capacity, weight, source, method of manufacture, or the elements included in their composition are among the factors that have a role in assessing Its value, unless it is accompanied by data with its description and structure, and the forms and contents of this data shall be specified in the prohibition decision.
Chapter V
Workers authorized with the powers of the judicial police
Article (33)
A- A number of permanent workers of the first and second categories in the ministry or directorates shall be assigned, by decision of the Minister, to monitor the implementation of the provisions of this legislative decree, to control the criminal acts stipulated in it, to organize the necessary controls, and to be empowered with the powers of the judicial police.
B- The workers mentioned in Paragraph / A / of this Article shall take the following oath before the President of the Court of First Instance in the governorate in which they were assigned and before assuming their duties:
"I swear by God Almighty to do my duties honestly and honestly."
C- The Minister issues a regulatory decision that includes:
1- Principles, standards and controls for selecting employees to be assigned to the powers of the judicial police.
2- The training mechanism to which these workers are subjected to implement the provisions of this legislative decree.
3- The basis of evaluation and control to which these workers are subject in the course of carrying out their duties under the provisions of this article.
Article (34)
A- The workers mentioned in Article 33 of this Legislative Decree, in the course of implementing its provisions, shall have the following powers:
1- Entering laboratories, shops, warehouses, service facilities and other places of manufacture, sale or storage of materials, products, goods, or services, and searches any place suspected under an official mission without the consent of its occupants, and if the place to be searched is intended for housing, permission must be obtained. From the Public Prosecution.
2- Requesting documents, invoices, papers and files, including electronic ones, related to materials, products, or goods, or keeping any of them or copies thereof against a notification of receipt, provided that what is kept in the minutes must be proven and returned upon completion of their audit.
3- The seizure of criminal objects, their inventory, and taking samples or samples of them.
B- In the cases witnessed in the cases stipulated in Paragraphs / A-C / of Article / 16 /, Paragraph / A / of Article / 18 /, Article / 30 /, Paragraph / B / of Article / 39 / and Articles / 45-46 /, Paragraph / A / of Article / 47 /, Articles / 49-51-52 /, Paragraphs / A-B / of Article / 53 / and Article / 54 / and Article / 55 / with the exception of Clause / 6 / of Paragraph / A / thereof, And paragraphs / a - b / of Article / 56 / of this legislative decree, the perpetrator shall be arrested and referred to the Public Prosecution after organizing the necessary control against him, supported by optical or electronic form of the type or form of the violation or accompanied by a sample of the material or product or The commodity depends on the nature of the violation.
C- It is prohibited to suspend the work of any of the workers assigned to implement the provisions of this Legislative Decree under the pretext of secrecy or for any other reason.
Article (35)
With the exception of the seizures that are settled in accordance with the provisions of this legislative decree, the regulatory records shall be referred to the Public Prosecution, accompanied by documents and supporting evidence.
Article (36)
- The internal security forces in the area where the work of the employees authorized by the powers of the judicial police is located must provide them with the necessary support to carry out their duties whenever requested.
Chapter six
Penalties
Article (37)
- Without prejudice to any more severe penalty stipulated in another law, the penalties stipulated in this Legislative Decree shall be applied.
Article (38)
A- A penalty of a fine from / 200,000 / SYP two hundred thousand Syrian Pounds to / 400000 / SYP four hundred thousand Syrian Pounds is a wholesaler or half of the wholesale or retailer who:
1- The sale of a substance, product, or commodity is suspended from the sale of a substance, product, or other commodity, unless it includes a commercial offer.
2- He violated the decisions or instructions issued by the ministry or the concerned authorities related to obtaining the commercial, tourism, industrial, health or crafts register, or he did not mention the number of any of these records or the name of the product on the listing card, or violated the decisions and instructions of organizing professions.
3- He violated the terms of annual sales and licenses issued by the Ministry, or conducted them outside the specified dates without prior permission.
B- The penalty stipulated in Paragraph / A / of this Article shall be imposed on the supplier who:
1- He trades directly or through an intermediary in materials, products or goods that do not fall within the scope of his trade or his usual profession without obtaining the necessary license.
2- Violates the provisions of Article 6 of this Legislative Decree.
Article (39)
A- A retailer who sells materials, products, or goods without having invoices for them, or refraining from giving an invoice to the consumer, is punished with a fine from / 200,000 / SYP two hundred thousand Syrian Pounds to / 400000 / Syrian Pounds four hundred thousand Syrian Pounds. Or I gave an incorrect bill.
B- The penalty is at least one month's imprisonment and a fine of 400,000 Lebanese pounds.
O Four hundred thousand Syrian Pounds, if the perpetrator is a wholesaler or half of a sentence.
Article (40)
Anyone who does not use the Arabic language in the identification card or announces the information on the material, product, or commodity, shall be punished with a fine of SYP / 200,000 / SYP two hundred thousand.
Article (41)
Shall be punished with a fine of / 300,000 / SYP three hundred thousand Syrian Pounds for the seller of half the wholesaler or retailer or the service provider who does not announce the prices of the materials, products, goods or services.
Article (42)
A- It is permissible to settle the violations stipulated in Article 38, Paragraph A of Article 39 and Article 41 of this Legislative Decree before the concerned directorate within seven days starting from the day following the date of the seizure, provided that half is paid The minimum fine, and the seizure shall be kept at the Directorate.
B- In the event that no settlement is made to the violation, the seizure shall be referred to the competent court within five days from the day following the expiry date of the settlement period.
Article (43)
Whoever violates the provisions of Article 32 of this Legislative Decree shall be punished with imprisonment from one to three months and a fine of 700,000 SYP seven hundred thousand Syrian Pounds.
Article (44)
Whoever violates the provisions of Article 31 of this Legislative Decree shall be punished by imprisonment from two months to six months and a fine of / 2000000 / SYP two million Syrian Pounds.
Article (45)
A- Shall be punished with imprisonment for at least one year and a fine from / 600,000 / six hundred thousand Syrian pounds to / 1,000,000 / million Syrian pounds for every seller, wholesaler, half wholesale, retail, or service provider:
1- Announce the sale of a material, product, or commodity, or the provision of a service at a price or profit higher than the price or profit specified for it.
2- He sold a material, product, or commodity at a price higher than the price or profit specified for it, or received an increase over the service fee specified by the minister or the competent minister.
3- Refrain from selling a material, product, or commodity, or providing a service at the price or profit specified for it.
4- He conceals or conceals a material, product, or commodity.
5- Possesses or sells an unknown source material.
B- The penalty stipulated in Paragraph / A / of this Article shall be doubled if the offense is related to an essential material, good or service.
Article (46)
Anyone who trades in relief aid provided by one of the public bodies, associations, private institutions, or organizations shall be punished with imprisonment for at least six months and a fine from / 200,000 / two hundred thousand Syrian pounds to 500,000 Syrian pounds.
Article (47)
Subject to the provisions of Clause / 6 / of Paragraph / A / of Article / 55 /, anyone who:
A- Violates the instructions imposed on transporting materials, products, or goods for which a decision is issued by the Minister.
B- Closing down the facility or shop intended to sell materials, products or goods, or to provide services specified by a decision of the Minister, without a legitimate excuse.
C- Provides false, forged or fictitious information or data to the Ministry on its own initiative or upon its request about a substance, product or commodity, or withheld information from the ministry with the intention of influencing the opinion of the concerned authority in determining the price of a material, product or commodity, or in the estimation of The percentage of profit in it.
Article (48)
Whoever violates the provisions of Paragraph A of Article 18 of this Legislative Decree shall be punished with imprisonment for at least one year and a fine of / 2000000 / SYP two million Syrian Pounds.
Article (49)
Anyone who produces, possesses, exhibits, or sells measuring devices and tools in violation of the law in force, weights, and other measuring instruments, as well as Machines and tools that help cheat.
Article (50)
Whoever violates the provisions of Article 30 of this Legislative Decree shall be punished by imprisonment from three months to one year and a fine of 500,000 Syrian Pounds, five hundred thousand Syrian Pounds.
Article (51)
Whoever refuses to deliver the quantities of basic materials and commodities in accordance with the provisions of Article 6 of Law No. 37 of 2018 shall be punished by imprisonment for at least one year and a fine of 10,000,000 SYP. Ten million Syrian Pounds.
Article (52)
A- A penalty of imprisonment for at least one year and a fine of / 1,000,000 / SYP one million Syrian pounds shall be imposed on anyone who deceives the contractor in the materials, products, or goods by any means in any of the following matters:
1- Its truth, nature, or specifications specified in its composition, date of production, validity, or trademark.
2- Delivering it contrary to what was contracted for in terms of number, volume, scale, volume, weight, energy, caliber, type, origin, source or quality.
B- The penalty stipulated in Paragraph / A / of this Article shall be doubled if the offense is committed by using false or different methods, measures, weights, stamps, or other testing machines, or by using signs or certificates that conform to the specification, or any certificate related to obtaining management systems. The quality issued by the concerned authorities with the intent to delude the consumer that the product conforms to the specification, or that the product is about to run out.
Article (53)
A- Shall be punished with imprisonment for at least one year and a fine of 5,000,000 Syrian pounds for each of the following:
1- Deceit or legalize adulteration of something from human or animal food, agricultural crops or natural products when it is intended for sale, and whoever puts or offers for sale or sells any of these materials or crops with knowledge of their fraud or corruption, and the violator is considered a scholar of fraud Or corruption if he is engaged in its manufacture or trade.
2- Offering or offering for sale or selling materials with the intention of defrauding human or animal food, agricultural crops or natural products.
B- The punishment stipulated in Paragraph A of this Article is increased to at least two years imprisonment and a fine of 10,000,000 Syrian Pounds, and the facility or shop shall be closed for a period not exceeding six months, if the materials, drugs, or products are fraudulent. Corrupt, or if the materials that are used for fraud according to the criminal acts stipulated in Paragraph / A / of this Article are harmful to human health or were toxic or not in conformity with the requirements of public health and safety.
C- The provisions of this article do not apply to fermented fresh fruits.
Article 54
Each of the following shall be punished with imprisonment for at least one year and a fine of / 1,000,000 / Syrian Pounds.
A- Violating the instructions and regulations imposed to subject commodities to a controlled controlled distribution system.
B- Use the electronic card to trade in the materials and services provided through it.
Article (55)
A- Any importer or producer shall be punished with imprisonment from three to five years and a fine of / 10,000,000 / SYP ten million Syrian pounds.
1- He refrained from submitting the customs declaration and the necessary documents required by the workers assigned to the ministry.
2- He refrained from giving an invoice, or gave an incorrect bill of the materials, products, or goods sold.
3- He refrains from selling a material, product, or commodity, or sells any of it at a price higher than the specified price.
4- He conceals or conceals a material, product, or commodity.
5- Possesses or sells materials of unknown origin.
6- Submitted to the Ministry either on its own initiative or upon its request with false, forged or fictitious information or data about a material, product or commodity, or withheld information from it upon its request with the intention of influencing the opinion of the competent pricing committees in determining its price or in estimating the percentage of profit determined for it .
B- The penalty stipulated in Paragraph / A / of this Article shall be doubled if the offense is related to basic materials or commodities.
Article (56)
A- Punishable by imprisonment for at least seven years and a fine of three times the value of the seized quantity at the prevailing price, each of:
1- Stealing or embezzling flour or any of the materials or commodities whose price is subsidized by the state and belonging to any public authority.
2- He trades in food flour, or any of the materials or commodities whose price is subsidized for other than the purpose for which they are intended.
B- The penalty shall be doubled if any of the crimes stipulated in Paragraph / A / of this Article occurred in wartime, war operations, disasters, or exceptional circumstances, or were intended to smuggle, or if the perpetrator or contributor to the crime was an employee of the state and committed the act as an exploiter His job.
C- The perpetrator of the crimes stipulated in Paragraphs / A-B / of this Article does not benefit from the discretionary mitigating reasons.
D- The materials and commodities whose price is subsidized by the state shall be determined by a decision of the Council of Ministers.
Article (57)
A worker authorized to perform the duties of the judicial police shall be punished with imprisonment from one to six months:
A- If he neglects his duty of supervision.
B- If he discloses any information about the task related to implementing the provisions of this legislative decree, prior to its implementation.
Article (58)
The worker authorized to carry out the duties of the judicial police shall be punished with the same penalty prescribed for the crime stipulated in this Legislative Decree, if it is proven that he is aware of it and does not carry out the procedures for seizing it.
Article (59)
An analyst, technician, or accredited expert shall be punished by imprisonment for at least one year and a fine of / 1,000,000 / SYP million Syrian pounds if he provides information that contradicts the truth, in collusion with the violator.
Article (60)
Subject to the provisions of Paragraph / B / of Article / 53 / of this Legislative Decree, the court may in all cases close the establishment or shop and stop the convict from practicing his profession or trade in relation to the material, product or commodity subject of the crime for a period not exceeding six months, unless it finds The court decides that the implementation of the closure or suspension ruling is an impediment to supplying a certain area with one of the basic materials or commodities.
Article 61
A- Subject to the provisions of Article 35 of this Legislative Decree, the materials, products and goods subject to the criminal acts stipulated in this Legislative Decree shall be seized, seized, and the necessary seizure regulated and referred to the judiciary.
B- If the confiscated materials, products and goods are usable, the court can place them at the disposal of the Ministry to hand them over to a public authority or charitable association according to instructions issued by the Ministry, and if they are not usable or harmful, they were destroyed at the expense of the convicted person.
C- In the event that the materials, products, or commodities are perishable in a way that cannot be preserved, they shall be disposed of by the Ministry directly according to what the executive instructions in this regard specify, and their price shall be deposited in the court’s fund in the event of their sale.
Article 62
The court shall order the violator to pay the costs of sampling, inspection and analysis in addition to the administrative expenses.
Article 63
A- A summary of the judgments issued by the competent court shall be published by pasting it on the facade of the shop, establishment, factory, or warehouse and published on the website of the ministry, for a period of one month.
B - To remove the summary of the provisions stipulated in Paragraph / A / of this Article, or to conceal it in any way, or to destroy it in any way, is punishable by imprisonment for a period not exceeding a month and a fine from SYP 100,000 to SYP 200,000 to 200,000 SYP. Syrian Pound.
C- The court may order the publication of the summary of the judgment in one or more daily newspapers, and the publication of the judgment shall be at the expense of the convicted person.
Article (64)
A - Exemption from the penalties prescribed in this Legislative Decree shall be exempt from those who inform the competent authorities of the criminal acts before searching and searching for the perpetrators, if he is one of them.
B- The person who notified him after starting the search and search for the perpetrators of the criminal act will benefit from the mitigating excuse and assist in the arrest of them.
C- The provisions of Paragraphs / A - B / of this Article do not apply if the criminal act results in harm to others.
Article (65)
A- By a decision of the minister or his authorized person, the shop or establishment shall be administratively closed for a period of not less than three days and not exceeding six months, in the event that the committed act constitutes a violation of the provisions of paragraphs / a-c / of Article / 16 / and Paragraph / A / Of Article / 18 /, Articles / 30-39-41-45-46 /, Paragraph / C / of Article / 47 /, Articles / 49-51-52 / and Paragraphs / A-B / of Article / 53 / and Articles / 54-55 / and paragraphs / a-b / of Article / 56 / of this Legislative Decree.
B- The administrative closure is replaced by a fine of / 50,000 / Syrian pounds fifty thousand Syrian pounds to / 1,000,000 / million Syrian pounds for each closing day.
C- The Minister issues a regulatory decision that includes:
1- Determine the periods of closing the shop or establishment for each of the cases stipulated in Paragraph / A / of this Article after being classified according to their nature and gravity.
2- The amount to be charged to replace the fine with closure, according to the classification of the committed case, the nature of the closed establishment and the volume of its activity.
Article (66)
The offender who breaks the seal and opens the closed facility or shop, and re-closes the facility or shop to complete the prescribed period for closure, shall be punished with imprisonment for a period of no less than three months and a fine of / 1,000,000 / SYP million Syrian pounds.
Article (67)
A- The seller who violates the provisions of Article / 4 / of this Legislative Decree shall be fined a fine equivalent to 10% ten percent of the value of the material, product or commodity, and he shall be required to exchange it in the event of a violation of the provisions of Paragraph / A / of it, and he shall also be required to return the material, product or commodity and return The price is for the buyer in the event of a violation of the provisions of paragraph / b / of the same article.
B - The seller who violates the provisions of Article 5 of this Legislative Decree will be fined 25,000 Syrian pounds.
seventh chapter
Consumer Protection Associations
Article (68)
A- Consumer protection associations are established in accordance with the provisions of the Law of Associations and Private Institutions in force, and are subject to the supervision and control of the Ministry of Social Affairs and Labor in all its administrative, organizational and financial matters.
B- The association is concerned with the interests of the consumer in the areas in which the provision of the material, product, good or service poses a threat to his health or safety or harm to his money.
C- The association represents the interests of consumers and defends them before the concerned authorities.
Article (69)
The association contributes to guiding and educating the consumer in accordance with the laws and regulations in force, and in particular in the following aspects:
A- Instruct the consumer to the best methods of consumption and to provide advice and services that provide him with the necessary information.
B - Coordination with the concerned authorities in the field of control over the material, product, good or service provided to the consumer.
C- Request inquiries from the concerned authorities and submit proposals that concern consumers' rights and interests.
D- Issuing magazines, pamphlets and publications related to consumer awareness, in accordance with the laws and regulations in force.
Article (70)
The Ministry may invite representatives of associations to participate in discussing policies related to consumer rights and interests.
Article (71)
The association follows up on handling consumer complaints and coordinates with the concerned authorities, and has the right to intervene, joining the consumer in the event that he files a case against the cause of the harm.
Article (72)
The association, in cooperation with various media outlets, presents programs related to consumer awareness of his rights and duties and spreading the culture of consumption.
Chapter 8
General and final provisions
Article (73)
A- The court shall decide on an urgent basis in the cases brought before it in accordance with the provisions of this Legislative Decree.
B- The Directorate shall be notified of the summary of the judgments issued.
Article (74)
The materials, products and commodities intended for export are not subject to the provisions of this legislative decree.
Article (75)
The Arabic language is the basis for advertising information and data, and other permitted languages can be used in addition to the Arabic language, provided that the advertisement is in Arabic in a larger size.
Article (76)
The workers authorized with the powers of the judicial police in accordance with the provisions of Article 33 of this Legislative Decree shall be granted a monthly work nature compensation of 40% of the monthly lump sum wage.
Article (77)
Analysts, technicians, and workers working in cleaning and preparing laboratory tools and materials at the Ministry are granted compensation for the nature of work at the rates set out below from the monthly lump sum wage:
75% for analysts and technicians who hold a university degree.
50% for assistant analyst and technician holders of technical institutes certificate.
- 40% for a worker in cleaning work and preparing laboratory tools and materials.
Article 78
A-A bank account shall be opened in the name of the Ministry in one of the public banks in the Syrian Arab Republic in which he shall deposit:
1- Administrative fines collected according to the provisions of Paragraph B of Article 65 and Article 67 of this Legislative Decree.
2- 35% / thirty-five percent of the value of the fees for the services provided in exchange for analyzing samples and verifying measurement tools, and fees for training in laboratories and technical consultations.
B- The sums deposited in the account shall be disbursed by a decision of the Minister in the following ways:
1- Development and modernization of laboratory and analysis equipment.
2- Rewards for the workers assigned to implement the provisions of this legislative decree in accordance with the evaluation criteria.
3- Holding training courses for workers authorized by the powers of the judicial police.
4- Rewards for lecturers in training courses.
Article 79
By a decision of the Minister, the complaint system shall be issued, including the mechanisms and means for submitting it by the consumer.
Article (80)
The provisions of this legislative decree shall not be applied in everything that conflicts with the provisions of the laws governing the work of the Ministry of Tourism.
Article 81
The executive instructions and decisions necessary to implement the provisions of this legislative decree shall be issued by a decision of the Minister, within a period of thirty days from the date of its enforcement.
Article 82
Law No. 14 of 2015 shall be repealed, and acts committed prior to the entry into force of this legislative decree remain subject to the provisions of the aforementioned law.
Article (83)
This legislative announcement to be distributed in the official newspaper.
Damascus 8-29-1442 AH corresponding to 4-12-2021 AD
President of the Republic
Bashar al-Assad