Does confectionery manufacturers in Vietnam have to recall expired products after selling it on the market?

Does confectionery manufacturers in Vietnam have to recall expired products after selling it on the market?

Pursuant to Article 22 of the Law on Protection of Consumers’ Rights in 2010 stipulating responsibility for recalling defective goods in Vietnam as follows:

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.

As regulations above, your establishment must recall expired products and bear the expenses incurred in the recalling process.

Shall confectionery manufacturers in Vietnam be liable for compensation for damage caused by defective goods in Vietnam?

Pursuant to Clause 1 Article 23 of the Law on Protection of Consumers’ Rights in 2010 stipulating liability for compensation for damage caused by defective goods in Vietnam as follows:

1. Organizations or individuals trading goods shall be liable for damages in the case where defective goods, which supplied by them, cause damages to life, health, properties of consumers, even if the defects are not known to or not caused by those organizations or individuals, except as provided in Article 24 of this Laws.

As regulations above, organizations or individuals trading goods shall be liable for damages in the case where defective goods, which supplied by them, cause damages to life, health, properties of consumers.

Best regards!