Vietnam: How are fines for failing to provide instructions for use or failing to provide information on conditions for warranty?

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.

Bảo hành (Warranty) trong hợp đồng thương mại là gì?

According to the Decree No. 98/2020/NĐ-CP of Vietnam’s Government, a fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon a trader for committing one of the following violations against regulations on provision of information on goods or services to consumers:

- Failing to warn and advise consumers of possible risks associated with goods or services to consumers' health, life and property and preventive measures;

- Failing to provide information on the availability of replacement parts and accessories of goods;

- Failing to provide instructions for use or failing to provide information on conditions, time, place and procedures for warranty in case goods or services are sold or provided with warranty;

- Failing to provide the accurate and full standard form contract or contract containing general terms and conditions for consumers before entering into transactions;

- Hiding information or providing inadequate, false or inaccurate information for consumers.

Besides, a fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed upon a third party for committing one of the following violations against regulations on provision of information on goods or services to consumers:

- Providing inadequate or inaccurate information on goods or services;

- Failing to provide proof of or failing to implement all methods as prescribed by law for verifying the accuracy and adequacy of information on goods or services.

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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