Vietnam: What are the cases in which compensation needs not be paid regarding product and goods quality? What damage must be compensated regarding product and goods quality?
- What damage must be compensated due to goods poor quality?
- What are the principles for compensation for damage due to goods poor quality?
- What are the cases in which compensation needs not be paid regarding product and goods quality?
- What are the regulations on compensation liability regarding product and goods quality?
- Do individuals have the right to complain about administrative acts of state agencies that violate the law on product and goods quality?
What damage must be compensated due to goods poor quality?
Pursuant to Article 60 of the 2007 Law on Product and Goods Quality in Vietnam, damage to be compensated due to goods poor quality includes:
- Damage in terms of value of broken or destroyed goods or assets.
- Damage in terms of human life or health.
- Damage in terms of interests associated with the use or exploitation of goods or assets.
- Reasonable expenses for prevention, mitigation and overcoming of damage.
Vietnam: What are the cases in which compensation needs not be paid regarding product and goods quality? What damage must be compensated regarding product and goods quality?
What are the principles for compensation for damage due to goods poor quality?
Pursuant to Article 59 of the 2007 Law on Product and Goods Quality in Vietnam stipulating the principles for compensation for damage due to goods poor quality as follows:
- Damage caused by violations of regulations on product and goods quality must be compensated wholly and promptly.
- Damage to be compensated is specified in Article 60 of the 2007 Law on Product and Goods Quality in Vietnam, unless otherwise agreed upon by disputing parties.
What are the cases in which compensation needs not be paid regarding product and goods quality?
Pursuant to the provisions of 62 of the 2007 Law on Product and Goods Quality in Vietnam stipulating the cases in which compensation needs not be paid regarding product and goods quality as follows:
Producers and importers need not pay compensation in the following cases:
- Sellers sell or users use goods of which the use duration has expired;
- The statute of limitations for complaint or initiation of lawsuits has expired;
- The withdrawal of defective goods has been notified to sellers and users before the goods cause harms;
- Products or goods are defective due to their compliance with regulations of competent state agencies;
- The world's scientific and technological level is not high enough to detect that products may be unsafe by the time they cause harms:
- The damage is caused at the sellers fault;
- The damage is caused at the purchasers or consumers fault.
Sellers need not pay compensation to purchasers or consumers in the following cases:
- Consumers use goods of which the use duration has expired;
- The statute of limitations for complaint or denunciation has expired;
- That the goods are defective has been notified to purchasers or consumers but they still purchase or use those goods;
- The goods are defective because the producers or importers comply with regulations of competent state agencies;
- 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;
- The damage is caused at the purchasers or consumers fault.
What are the regulations on compensation liability regarding product and goods quality?
Pursuant to the provisions of Article 61 of the 2007 Law on Product and Goods Quality in Vietnam stipulating the compensation liability regarding product and goods quality as follows:
- Producers and importers shall pay compensation to sellers or consumers when their goods cause harms to the latter due to their failure to ensure the goods quality.
Except for cases specified in Clause 1, Article 62 of the 2007 Law on Product and Goods Quality in Vietnam.
Compensation shall be paid according to agreements between involved parties-or court decisions or arbitral awards.
- Sellers shall pay compensation to purchasers or consumers for damage caused by their failure to ensure the goods quality.
Except for cases specified in Clause 2, Article 62 of the 2007 Law on Product and Goods Quality in Vietnam.
Compensation shall be paid according to agreements between involved parties or court decisions or arbitral awards.
Do individuals have the right to complain about administrative acts of state agencies that violate the law on product and goods quality?
Pursuant to the provisions of Article 64 of the 2007 Law on Product and Goods Quality in Vietnam stipulating as follows:
Complaints and denunciations about violations of the law on product and goods quality
1. Organizations and individuals may lodge complaints with state agencies or competent persons about administrative decisions or acts of state agencies or competent persons which they consider illegal or about acts in infringement of their lawful rights and interests in the domain of product and goods quality.
2. Individuals may denounce to state agencies or competent persons acts in violation of the law on product and goods quality in accordance with the law on complaint and denunciation.
3. Organizations and individuals are responsible for their complaints or denunciations.
According to the above provisions, individuals may lodge complaints with state agencies or competent persons about administrative decisions or acts of state agencies or competent persons which they consider illegal or about acts in infringement of their lawful rights and interests in the domain of product and goods quality.
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