Dominican Republic

National Institute for the Protection

of Consumer Rights
 Country Overview

• Capital: Santo Domingo

• Official Language: Spanish
• Area: 48,442 km2 (18,704 sq mi)
• Population: 10,075,045 (2016) (50.2% male, 49.8% women)
• GDP: $76.850 billion.
• GDP per capita: $7,543
• Consumer Price Index: 124.15
• Ageing Index: 9.7% of population over 60
 LEY GENERAL DE PROTECCIÓN DE LOS DERECHOS DEL CONSUMIDOR O

National Institute for the Protection of Consumers Rights (Proconsumidor)

USUARIO
LEY NO.358-05

• The National Institute for the Protection of Consumers Rights was founded on November 9th
2005.

• The General Law for the Protection of Consumer and User Rights (358-05) was created in
order to protect the Dominican consumers, and at the same time creates a board of directors
that, through the National Institute for the Protection of Consumer Rights establishes and
regulates the policies, norms and procedures necessary for the effective protection of the
consumers rights in the Dominican Republic.
Pro Consumidor’s Office Locations
 • Protect consumers and users of goods
Mision and services, through the application of
established legal rules.

• To be recognized, nationally and internationally, for its

Vision effective work in protecting consumers and users of goods

and services, promoting sustainable and intelligent
consumption.

• Solidarity

Values • Transparency
• Honesty
• Commitment
• Loyalty
• Identity
 Legal Base
• Constitution of the Dominican Republic, art. 53.

• General Law for the Protection of Consumer and User Rights No. 358-05.

• Regulation No.236-08 for the aplication of the General Law for the
Protection of Consumer and User Rights No. 358-05.

• Law No. 166-12 that creates the Domininican System for Quality.

• Board of Directors and Executive Director resolutions.

• Jurisprudence.
Consumer Rights in the Constitution of the Dominican Republic
CONSTITUTIONAL ORDER: ART. 53

Consumers Rights: Everyone has the right

to have quality goods ands services,
objective, truthful and opportune
information about the content and
characteristics of the products and
services that uses or consumes, under the
forecasts and norms stablished by law. The
people that result injured or harmed by
goods and services of bad quality, have
the right to be compensated in
accordance to the law.
 Market monitoring
and surveillance

Give law assistance

Educate in
to consumers who
consumers rights
do not have the
and suppliers
assistance of a
duties
lawyer

Main
Roles Conciliation and
alternative
Implement and
conflicts
demand good
resolutions from
commercials
consumers
practices
complaints and
claims (online)

Respond all kinds

of complaints and
claims from
consumers
Market monitoring and surveillance
Conciliation and alternative solutions of
conflicts of complaints and claims
Implement and demand good commercials
practices
Consumer Education
 LEGAL PRINCIPLE
PRO CONSUMIDOR´S COMPETITION

APPLICABLE REGULATION:

EXECUTIVE DIRECTION ATRIBUTIONS (arts. 19, 23, 31 y 117):

• To know administrative cases of conflict related to the law No. 358-05.

• Organize and direct conciliation procedures.
• Attend the claims and complaints filed by consumers.
• Dictate resolutions relating the application of the law, in cases of violations that must be
solved as its competence.
• Initiate investigations of violations of the law by claims or by office part.
 LEGAL PRINCIPLE
PRO CONSUMIDOR´S COMPETITION

Law 358-05

Art 24. Market Monitoring and Surveillance: The Executive Direction of Pro Consumidor will do
the services of market monitoring and surveillance of the public and private entities, for that it
can:
a) Require information and relevant facts about the cases that result from a conflict related to
the law 358-05.
b) Make inspection and supervision visits.

Art. 26. The inspection visits will be done in business days and hours only by the authorized
personal by the executive direction, witch have to identify them selves before each inspection,
with a QR code.

Art. 28 The Executive Direction of Proconsumidor will be responsible to warranty the consumer
rights in cases of cases of inaccuracy of measures and weights, quality deficiency and technical
norms, of the products ands services that are offered at the market.
 LEGALITY PRINCIPLE
PRO CONSUMIDOR´S COMPETITION

Art. 109: Market Monitoring and Surveillance National Authority and its functions:
Without prejudice to the legal attributions of the regulatory bodies and the ministries of the
republic, the National Institute of Consumers Rights is recognized, in addition to the to the legal
attributions that the law 358-05 confers to it, as National Authority of Inspection, an so it
confers that can do any necessary activities in order to determine if the regulations and legal
dispositions are being fulfilled, in relation with:

•1) Goods and services quality .

•2) safety and food security.
•3) the compliance of the norms and technical regulations in terms of security, installations,
systems y procedures.
•4) any other that can be stablish by regulation.
 ASPECT THAT PRO CONSUMIDOR MONITORS

• Technical regulations.
• Responsible Publicity.
• Claims and Complains.
• Adhesion Contracts.
• Raffles, contests and sweepstakes registrations.
• Good and services warranty.
• Products alerts.
 Implementation of Consumer Policies

• To secure the protection of our consumers every supplier

has to:
– Register the adhesion contracts.
– Record the contracts of raffles, contests and sweepstakes.

– Register the certificates of guarantee and policies of changes and

returns.
– They have to have the Pro Consumer complaint book.
– Comply with resolution 16-14 about advertising.
 Consumer Complaints
• The consumer can submit their complaints via:
– Social Media: @ProConsumidorRD
– Email: servicioalusuario@proconsumidor.gob.do
– Web page: www.proconsumidor.gob.do
– Whatsapp: +1-809-567-8555
– Call Center: +1-809-472-2731
 Claims, Accusations and Complaints
• Pro Consumidor is the competent entity to know the claims and accusations for
infraction to the Law 358-05. Regarding claims, 6,107 were recorded in the
2018 period and 2,439 in January to April 2019.
• 72% of the claims, accusations and complaints have been resolved.

2018 2019 Jan-May

RECLAMACIONES Y DENUNCIAS RECLAMACIONES Y DENUNCIAS

Claims Claims
[PORCENTAJE 24%
]
Orientations Complaints Complaints
[PORCENTAJ [PORCENTAJ Orientations 16%
E] E] 60%
Types of Claims, Accusations and Complaints

REASONS OF DEMANDS
[PORCENTAJE]
[PORCENTAJE]
[PORCENTAJE]

[PORCENTAJE] [PORCENTAJE]

[PORCENTAJE] [PORCENTAJE]
[PORCENTAJE]
[PORCENTAJE]

[PORCENTAJE]
ECONOMIC RETURN TO THE CONSUMER
2018-2019

ECONOMIC RETURN TO THE CONSUMER

2018

More Than

RD$ 200,000,000 / us$4,000,000.

 PRODUCT ALERT
• Article 70 of Law 358-05 supports the legal basis for the manufacturer in the
country of origin of the product to issue a general warning about its defective
characteristics, both the seller and the dealer or the authorized dealer, will be
obliged to contact the Consumer and proceed as indicated in the manufacturer's
general warning.

• Pro Consumidor issues the alert when the following cases are presented,
namely:

– When analyzing and studying the products and determined that their use or consumption may
harm health and safety.

– Upon receiving from a supplier, importer, producer, manufacturer or distributor a notice stating
the risks, suspicion or possible damage that your product might cause.

– When one of the countries that make up the Consumer and Health Consumer Network (RCSS)
of the Organization of American States (OAS) or any consumer authority, it issues an alert
prohibiting the marketing of a product.
 Lic. Johanna Calderon
Legal Consultant
In charge of the Legal Department

– Contact: 809-803-6212
– Email: Johanna.calderon@proconsumidor.gob.do
– Instagram: johacalderon
 Thank You
National Institute for the Protection of Consumer Rights

Dominican Republic