Promulgation of the Decree detailing certain provisions of the Law on Protection of Consumer Rights applicable from July 01, 2024
Promulgation of Decree detailing certain provisions of the Law on Protection of Consumer Rights, applicable from July 1, 2024
On May 16, 2024, the Government of Vietnam promulgated Decree 55/2024/ND-CP detailing certain provisions of the Law on Protection of Consumer Rights.
Decree 55/2024/ND-CP takes effect from July 1, 2024. Simultaneously, Decree 99/2011/ND-CP ceases to be effective as of July 1, 2024.
Decree 55/2024/ND-CP outlines the purpose of organizing the annual Vietnam Consumer Rights Day (Clause 1, Article 3 of Decree 55/2024/ND-CP). Specifically, the purposes of organizing Vietnam Consumer Rights Day are as follows:
- Affirm the role, position, and importance of protecting consumer rights for the stable and sustainable development of society and the country.- Propagate, educate, and disseminate laws and policies on protecting consumer rights.- Create a basis to mobilize, concentrate resources, attention, response, and participation of the entire society in the protection of consumer rights.- Contribute to creating a healthy consumer environment for both consumers and business organizations, and individuals; maintain stability and create motivation for development, innovation, and creativity for the country's economy.- Enhance responsibility, encourage cooperation and coordination between state management agencies, social organizations involved in protecting consumer rights, business organizations, and individuals in implementing activities to protect consumer rights.
Promulgation of Decree detailing certain provisions of the Law on Protection of Consumer Rights, applicable from July 1, 2024? (Image from the Internet)
When is the deadline to publicly announce products or goods with defects?
According to Article 18 of Decree 55/2024/ND-CP, which stipulates the responsibility to publicize and notify the recall of defective products or goods:
Responsibility to publicize and notify the recall of defective products or goods
1. In cases where products or goods with defects fall under group A as stipulated in point a clause 1 or point c clause 1 Article 33 of the Law on Protection of Consumer Rights, within 03 working days from the time the defect is discovered or a recall request is received from the competent state management agency, business organizations or individuals must carry out the responsibilities of publicizing and notifying about the defective products or goods and their recall according to points b and c clause 2 Article 33 of the Law on Protection of Consumer Rights.
2. In cases where products or goods with defects fall under group B as stipulated in point b clause 1 Article 33 of the Law on Protection of Consumer Rights, within 05 working days from the time the defect is discovered or a recall request is received from the competent state management agency, business organizations or individuals must carry out the responsibilities of publicizing the defective products or goods and their recall according to point b clause 2 Article 33 of the Law on Protection of Consumer Rights.
- If other laws stipulate different deadlines for carrying out the responsibilities of publicizing, notifying about defective products or goods, and recalling those products or goods as stated in clauses 1 and 2 of this Article, business organizations or individuals shall implement the publicizing and notifying responsibilities according to the deadlines stipulated by other laws.
Products or goods with defects are those that do not ensure consumer safety, potentially causing harm to life, health, or consumer property, but whose defects were not detected at the time the products or goods were supplied to consumers, even though they were manufactured according to current standards and technical regulations.
Thus, the deadlines for publicly announcing defective products or goods are specified as follows:
- For products or goods with defects classified under group A, within 03 working days from the time the defect is discovered, businesses must carry out the responsibilities of publicizing and notifying about the defective products or goods and their recall.- For products or goods with defects classified under group B, within 05 working days from the time the defect is discovered, businesses must carry out the responsibilities of publicizing and notifying about the defective products or goods and their recall.
When can businesses be exempted from liability for damages caused by defective products or goods?
According to Article 35 of the Law on Protection of Consumer Rights 2023, exemptions from liability for damages caused by defective products or goods are stipulated as follows:
Exemptions from liability for damages caused by defective products or goods
Business organizations or individuals stipulated in Article 34 of this Law may be exempted from liability for damages in the following cases:
When it is proven that the defects in the products or goods could not have been discovered given the state of scientific and technological knowledge at the time the products or goods caused damage.
The business organization or individual has taken all measures stipulated in Articles 32 and 33 of this Law, and the consumer had received complete information but still deliberately used the defective products or goods that caused damage.
Other cases as stipulated by civil law and other relevant laws.
Thus, businesses can be exempted from liability for damages caused by defective products or goods in the following cases:
- When it is proven that the product defects could not have been detected given the state of scientific and technological knowledge at the time the products or goods caused damage.- When the business has taken full responsibility for the defective products or goods and applied all measures to recall them, but the consumer, having received full information, still deliberately used the defective products or goods.- Other cases as stipulated by civil law and other relevant laws.
Sincerely!
