Is buying used goods covered by warranty in Vietnam?

Is buying used goods covered by warranty in Vietnam?

Article 445 of the 2015 Civil Code stipulates assurances as to quality of objects for sale, specifically as follows:

1. A seller must assure the utility value or the characteristics of the object for sale and purchase. If, after having purchased an object, a purchaser discovers defects which cause the object to lose its value or diminish its utility value, the purchaser must notify the seller immediately of such defects and has the right to require the seller to repair or replace the defective object with another object, to reduce its price and to compensate for damage, unless otherwise agreed.

2. A seller must assure that an object for sale corresponds to descriptions on any package, to any trademark or to any sample selected by the purchaser.

3. A seller shall not be liable for any defect of an object in the following cases:

a) Where the purchaser knew or should have known of the defect at the time of purchase;

b) Where the object was sold at an auction or a second-hand shop;

c) Where the purchaser was at fault for causing the defect.

Thus, if you buy a used printer, the seller is not responsible for the quality assurance and product warranty. However, the product warranty is agreed upon by the parties when buying and selling goods. Therefore, when buying used goods, if there is an agreement between you and the seller on product warranty, the seller must perform the warranty obligation as agreed in Vietnam.

After the warranty period expires, if I can't repair it, can I exchange the goods in Vietnam?

According to Article 21 of the Law on Protection of Consumer Rights 2010 stipulates responsibility for warranty for goods, components and accessories goods, specifically as follows:

1. Fully comply with warranty obligations for goods, components or accessories supplied by them;

2. Provide consumers with the receipt of the warranty, clearly stating the duration of the warranty. The period for implementation of the warranty is not included in the warranty duration for the goods, components and accessories. Where organizations or individuals trading goods replace components, accessories or exchange commodities, such warranty duration for components, accessories or goods are calculated from the time of replacing components, accessories or of exchanging new commodity;

3. Provide consumer with similar goods, components or accessories for temporary use or provide other forms of settlement accepted by consumers during implementation of the warranty;

4. Exchange new similar goods, components or accessories or take back goods, components or accessories and return money to consumers in the case where time for warranty implementation run out while failing to repair or solve the error.

5. Exchange new similar goods, components or accessories, or take back the goods give money back to consumers in the case where the warranty is implemented 03 times or more within the warranty duration as to goods, components or accessories without fixing the error;

6. Bear the cost of repairs and bear freight to transport goods, components or accessories to the place of warranty, and freight to transport them from the place of warranty to the residence of the consumer;

7. Be Responsible for the warranty of goods, components or accessories to consumers even in the event of authorizing other organizations or individuals to perform the warranty.

With this provision in Vietnam, when the goods warranty period expires but cannot be repaired, the manufacturer will exchange new similar goods, components or accessories or take back goods, components or accessories and return money to consumers.

Upon detection of defective goods, what are responsibilities of organizations or individuals manufacturing or importing the goods in Vietnam?

Pursuant to Article 22 of the Law on Protection of Consumer Rights 2010 stipulates responsibility for recalling defective goods:

Upon detection of defective goods, organizations or individuals manufacturing or importing the goods shall:

1. Promptly take all necessary measures to stop the supply of defective goods in the market;

2. Inform publicly about the defective goods and the recovery of the goods by at least 05 consecutive issues of daily newspaper or 05 consecutive days through the radio or television in area where such goods are circulated with the following details:

a) Description of the goods to be recovered;

b) Reasons for recovery of the goods and warning on the risk of damage caused by the defects of the goods;

c) Time, place and way of recovery of the goods;

d) Time and mode of overcoming the defects of the goods;

e) The measures necessary to protect the interests of consumers in the course of recovery of the goods;

3. Implementation of the recovery of the defective goods in line with the publicly-informed content and bear the expenses incurred in the recalling process;

4. Reporting the results to the provincial state management agency for the protection of consumers’ interests where the recovery of the defective goods take place after completion of the recall, in the case where the recall of the defective goods is conducted on the territories of two or more provinces, the results shall be reported to the central state management agencies for the protection of consumers' interests.

According to this Article, upon detection of defective goods, oorganizations or individuals manufacturing or importing the goods must perform the above responsibilities in Vietnam.

Best Regards!