Sources of information and data for identifying defective products and goods in Vietnam

17:37, 21/05/2024

What are the sources of information and data for identifying defective products and goods in Vietnam? - Thuy Du (Binh Dinh)

Sources of information and data for identifying defective products and goods in Vietnam (Internet image)

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

On May 16, 2024, the Government issued Decree 55/2024/ND-CP on elaboration on the Law on Protection of consumers' rights 2023

Sources of information and data for identifying defective products and goods in Vietnam

According to Article 20 of Decree 55/2024/ND-CP regulating sources of information and data for identifying defective products and goods in Vietnam:

- The identification of defective products and goods according to this Decree shall be carried out in compliance with Clause 3 Article 3 and Clause 1 Article 33 of the Law on Protection of consumers' rights 2023.

- The identification of defective products and goods may be based on one or several grounds or the following sources of information and data:

+ 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 if consumer right protection authorities and relevant state management authorities can prove their authenticity and sufficient scientific grounds.

- 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 Article 20 of Decree 55/2024/ND-CP.

- 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.

According to Clause 4, Article 3 of the Law on Protection of consumers' rights 2023:

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.

Clause 1, Article 33 of the Law on Protection of consumers' rights 2023 clearly states:

Defective products and goods consist of:

- Defective products and goods of Group A causing damage to the life and health of consumers;

- Defective products and goods of Group B causing damage to property of consumers;

- Defective products and goods causing damage to the health, life and property of consumers, to which the regulations applicable to defective products and goods of Group A shall apply.

Nguyen Ngoc Que Anh

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