What are defective products and goods under the law in Vietnam? 07 grounds for identification of defective products and goods in Vietnam

Regarding this matter, LawNet would like to answer as follows: 

1. What are defective products and goods under the law in Vietnam?

According to the provisions of Clause 4, Article 3 of the Law on Protection of Consumers' Rights 2023 on the interpretation of the term "Defective product or good":

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.

Thus, 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

2. Some grounds for identification of defective products and goods in Vietnam

The identification of groups of defective products and goods in Vietnam under Decree 55/2024/ND-CP is carried out in accordance with the provisions of Clause 4, Article 3 and Clause 1, Article 33 of the Law on Protection of Consumers' Rights 2023.

At the same time, the identification of defective products and goods may be based on one or several grounds or the following sources of information and data as specified in Article 20 of Decree 55/2024/ND-CP:

(1) Notifications and warnings of competent authorities of countries and territories;

(2) Notifications and warnings of international organizations that Vietnam is a member;

(3) Judgments and rulings of Courts;

(4) Information and warnings of specialized authorities;

(5) Effective decisions on the recall of defective products and goods of competent authorities;

(6) Identification of defective products and goods of traders;

(7) Other sources of information and data if consumer right protection authorities and relevant state management authorities can prove their authenticity and sufficient scientific grounds.

In addition, traders shall identify defective products and goods subject to recall as per regulation and assume all responsibility for the identification of defective products and goods as prescribed in Clauses 1 and 2 of this Article 20 of Decree 55/2024/ND-CP.

Note: Where there are grounds to assume that the identification of defective products and goods by traders is inappropriate, consumer right protection authorities and relevant state management authorities may request traders to adjust it for appropriateness to implement the responsibilities for recalling defective products and goods according to the re-identified defective products and goods and in compliance with the law.

Thus, the sources of information and data used for identification of defective products and goods in Vietnam

- Notifications and warnings of competent authorities of countries and territories;

- Notifications and warnings of international organizations that Vietnam is a member;

- Judgments and rulings of Courts;

- Information and warnings of specialized authorities;

- Effective decisions on the recall of defective products and goods of competent authorities;

- Identification of defective products and goods of traders;

- Other sources of information and data with authenticity and sufficient scientific grounds.

Best regards!

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