Vietnam: Failing to provide the receipt of warranty claim shall be fined up to VND 10 million

On August 26, 2020, the Government of Vietnam issued the Decree No. 98/2020/NĐ-CP prescribing penalties for administrative violations against regulations on commerce, production and trade in counterfeit and prohibited goods, and protection of consumer rights.

Không cung cấp Giấy tiếp nhận bảo hành có thể bị phạt đến 10 triệu đồng, Nghị định 98/2020/NĐ-CP

According to the Decree No. 98/2020/NĐ-CP of Vietnam’s Government, a fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon a trader for committing one of the following violations, if the goods under warranty are worth less than VND 20.000.000:

- Failing to provide the receipt of warranty claim in which the time limit for settling the claim is specified to the consumer;

- Failing to provide the consumer with similar goods, parts or accessories for temporary use or failing to adopt other methods accepted by the consumer during the settlement of a warranty claim;

- Failing to provide the consumer with new and similar goods, parts or accessories or failing to take back the goods, parts or accessories and make a refund to the consumer if, at the end of the time limit for settling the warranty claim,  the attempt at a repair or rectification of faults is unsuccessful;

- Failing to provide the consumer with new and similar goods, parts or accessories or failing to take back the goods, parts or accessories and make a refund to the consumer if the rectification of faults of goods is still unsuccessful although the goods have been under 03 or more times of warranty within the prescribed warranty period;

- Failing to pay costs of repair and transport of goods, parts or accessories to the place of warranty and from the place of warranty to the consumer’s residence;

- Failing to fulfill, or improperly or partially fulfilling the responsibility for warranty on goods, parts or accessories as committed with consumers;

- Denying responsibility for warranty on goods, parts or accessories when authorizing another entity to perform warranty tasks.

Besides, this Decree has specified fines for each value of goods as follows:

-  A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for the violation mentioned above if the value of goods, parts or accessories is from VND 20.000.000 to under VND 50.000.000.

- A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for the violation mentioned above if the value of goods, parts or accessories is from VND 50.000.000 to under VND 100.000.000.

- A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for the violation mentioned above if the value of goods, parts or accessories is from VND 100.000.000 to under VND 500.000.000.

- A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for the violation mentioned above if the value of goods, parts or accessories is from VND 500.000.000 to under VND 1.000.000.000.

- A fine ranging from VND 50.000.000 to VND 70.000.000 shall be imposed for the violation in Clause 1 of this Article if the value of goods, parts or accessories is from VND 1.000.000.000 to under VND 2.000.000.000.

- A fine ranging from VND 70.000.000 to VND 100.000.000 shall be imposed for the violation mentioned above if the value of goods, parts or accessories is VND 2.000.000.000 or more.

View more details at the Decree No. 98/2020/NĐ-CP of Vietnam’s Government, effective from October 15, 2020.

Ty Na

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