What is considered a defective product or goods? What are the responsibilities of traders in Vietnam when discovering their products or goods are defective?
Vietnam: What is considered a defective product or goods?
Pursuant to the provisions of Clause 4, Article 3 of the Law on Protection of Consumers' Rights 2023, "defective product or good" is as follows:
“Defective product or good” means a product or good which fails to ensure safety of consumers and which is likely cause damage to their lives, health or property but for which the defect was yet to be found at the time such product or good was supplied to consumers despite the fact that such product or good was manufactured in accordance with the standard or technical regulation in force. Defective products or goods include:
- Mass-produced products or goods containing a defect originated from a technical design;
- Singly produced products or goods containing a defect originated from the process of their manufacturing, processing, transport, storage and use;
- Products and goods which have the potential to threaten safety during their use but fail to have no adequate instructions or warnings for consumers.
What is considered a defective product or goods? What are the responsibilities of traders in Vietnam when discovering their products or goods are defective?
What are the responsibilities of traders in Vietnam when discovering their products or goods are defective?
Pursuant to the provisions of Article 32 of the Law on Protection of Consumers' Rights 2023 as follows:
Liability for defective products and goods
1. When a trader discovers that their products or goods are defective, they have the responsibility to:
a) Recall and handle defective products or goods as prescribed in Article 33 of this Law and other relevant regulations of law;
b) Take necessary measures to protect consumers’ rights during the recall and handling of defective products or goods;
c) Submit reports to the consumer right protection authority and relevant regulatory body, both before and after the recall; carry out the recall according to the submitted reports and bear the costs incurred during the recall.
2. The consumer right protection authority of the province and specialized authority of the province where the recall of products or goods is carried out shall conduct inspection and supervision to make sure that the recall is carried out according to the reports, protecting consumers’ legitimate rights and interests and conforming to regulations of law.
If the recall is carried out within at least 02 provinces or central-affiliated cities, the central consumer right protection authority and relevant central regulatory body shall inspect and supervise it.
3. The Government shall elaborate this Article.
According to the above provisions, business organizations and individuals have the following responsibilities after detecting defective products and goods:
- Recall and handle defective products or goods as follows;
+ Upon discovery of any defective product or good of Group A, a trader has the responsibility to perform the following tasks themself or at the request of the consumer right protection authority or the industry and sector managing authority:
++ Promptly take any necessary measures to stop the supply of the defective product or good and recall it on the market;
++ Publicly announce the defective product or good and the recall thereof in a distinct position at the head office and business locations, and on any websites or apps (if any) of the trader until the recall is done;
++ Publicly announce the defective product or good and the recall thereof in at least 05 successive issues or on 05 successive days of a printed/online newspaper or radio/television station at central level and in the locality where such defective products or goods are circulated.
+ Upon discovery of any defective product or good of Group B, a trader has the responsibility to perform the tasks themself or at the request of the consumer right protection authority or the industry and sector managing authority:
++ Promptly take any necessary measures to stop the supply of the defective product or good and recall it on the market;
++ Publicly announce the defective product or good and the recall thereof in a distinct position at the head office and business locations, and on any websites or apps (if any) of the trader until the recall is done;
- Take necessary measures to protect consumers’ rights during the recall and handling of defective products or goods;
- Submit reports to the consumer right protection authority and relevant regulatory body, both before and after the recall; carry out the recall according to the submitted reports and bear the costs incurred during the recall.
Vietnam: Do consumers have the right to request traders to compensate for damage if products or goods contain defects?
Pursuant to the provisions of Article 4 of the Law on Protection of Consumers' Rights 2023 stipulates as follows:
Rights of consumers
1. Have their life, health, honor, dignity, reputation, property, information, rights and other legitimate interests protected when participating in transactions or using products, goods and services provided by traders.
2. Be provided with invoices and documents related to transactions; timely, accurate and adequate information about products, goods, services, transaction details, origin of products, goods and services and about traders.
3. Select products, goods, services and traders according to their practical demands and conditions; decide whether to participate in transactions; agree with traders about transaction details; be provided with products, goods and services as agreed.
4. Comment to traders on the prices and quality of products, goods and services, service styles, trading methods and details of transactions between consumers and traders.
5. Request traders to compensate for damage if products or goods contain defects or products, goods or services fail to conform to standards or technical regulations, fail to satisfy regulations on safety, measurements, quantity, weight, quality, uses or prices or other regulations as prescribed by law or are inconsistent with those registered, notified, announced, posted, advertised, introduced, agreed or declared by traders.
6. Participate in formulating policies and laws on protection of consumers’ rights.
7. File complaints, denunciations or lawsuits or request social organizations to file lawsuits to protect their rights in accordance with regulations of this Law and other relevant regulations of law.
8. Be provided with counseling, assistance and guidance on knowledge and skills in consumption of products, goods and services.
9. Be enabled to select a healthy and sustainable consumption environment.
10. Be protected upon using public services in accordance with regulations of this Law and other relevant regulations of law.
11. Exercise other rights as prescribed by law.
According to the above provisions, consumers have the right to request traders to compensate for damage if products or goods contain defects.
The Law on Protection of Consumers' Rights 2023 will take effect from July 1, 2024.
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