Vietnam: If the seller sells goods of which the use duration has expired, is the producer required to pay compensation for damage?
What are the rights of producers towards their products and goods quality?
Pursuant to Article 9 of the 2007 Law on Product and Goods Quality in Vietnam stipulating the rights of producers towards their products and goods quality as follows:
- To decide on and announce the quality of products they manufacture or supply.
- To decide on internal control measures in order to ensure product quality.
- To select appropriate evaluation organizations for testing, verifying, inspecting and certifying product and goods quality.
In case of certification of regulation conformity, examination of product quality according to state management requirements, producers shall select designated conformity evaluation organizations.
- To use standard- or regulation- conformity stamps and other signs for products according to law.
- To request sellers to cooperate in the withdrawal and handling of goods of poor quality.
- To complain about conclusions of examination teams or decisions of examination agencies or competent state management agencies.
- To be entitled to compensation under the provisions of Section 2, Chapter V of the 2007 Law on Product and Goods Quality in Vietnam and relevant provisions of law.
Vietnam: If the seller sells goods of which the use duration has expired, is the producer required to pay compensation for damage?
If the seller sells goods of which the use duration has expired, is the producer required to pay compensation for damage?
Pursuant to the provisions of Article 62 of the 2007 Law on Product and Goods Quality in Vietnam as follows:
Cases in which compensation needs not be paid
1. Producers and importers need not pay compensation in the following cases:
a/ Sellers sell or users use goods of which the use duration has expired;
b/ The statute of limitations for complaint or initiation of lawsuits has expired;
c/ The withdrawal of defective goods has been notified to sellers and users before the goods cause harms;
d/ Products or goods are defective due to their compliance with regulations of competent state agencies;
e/ The world's scientific and technological level is not high enough to detect that products may be unsafe by the time they cause harms:
f/ The damage is caused at the sellers fault;
g/ The damage is caused at the purchasers or consumers fault.
2. Sellers need not pay compensation to purchasers or consumers in the following cases:
a/ Consumers use goods of which the use duration has expired;
b/ The statute of limitations for complaint or denunciation has expired;
c/ That the goods are defective has been notified to purchasers or consumers but they still purchase or use those goods;
d/ The goods are defective because the producers or importers comply with regulations of competent state agencies;
e/ The world's scientific and technological level is not high enough to detect that the goods may be unsafe by the time they cause harms;
f/ The damage is caused at the purchasers or consumers fault.
According to the above provisions, when the seller sells goods of which the use duration has expired, the producer does not have to pay damages to the consumer.
What are the obligations of producers towards their products and goods quality?
Pursuant to the provisions of Article 10 of the 2007 Law on Product and Goods Quality in Vietnam, the obligations of producers towards their products and goods quality are as follows:
- To observe the conditions for ensuring the quality of products before they are put on the market according to Article 28 of the 2007 Law on Product and Goods Quality in Vietnam and take responsibility for products they manufacture.
- To display quality information on goods labels, packing or in documents accompanying goods in accordance with legal provisions on goods labeling.
- To supply truthful information on product and goods quality.
- To warn about the products capability of causing unsafe and notify preventive methods to sellers and consumers.
- To announce the requirements on transportation, storage, preservation and use of products and goods.
- To supply purchasers and consumers with information on warranty and warranty services for products and goods.
- To repair, refund money or exchange for new goods or receive back defective ones which are returned by sellers or consumers.
- To promptly stop production, notify such to, concerned parties and take remedies when detecting that products or goods cause unsafe or fail to conform to announced applicable standards or relevant technical regulations.
- To withdraw and handle products and goods of poor quality. If the goods must be destroyed, to bear all costs of goods destruction and be liable for its consequences in accordance with law.
- To pay compensation under the provisions of Section 2, Chapter V of the 2007 Law on Product and Goods Quality in Vietnam and relevant provisions of law.
- To observe competent state agencies regulations and decisions on inspection and supervision.
- To pay costs of testing, standard- or regulation- conformity certification according to Article 31 of the 2007 Law on Product and Goods Quality in Vietnam; sample-taking and testing costs according to Article 41 of the 2007 Law on Product and Goods Quality in Vietnam; sample-taking, testing and inspection costs according to Article 58 of the 2007 Law on Product and Goods Quality in Vietnam.
- To prove wrong results and faults of conformity evaluation organizations according to Clause 2 Article 63 of the 2007 Law on Product and Goods Quality in Vietnam.
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