Vietnam: What must the producer do when a technical defect of the products that have been sold on the market is discovered?

According to Article 12 of the Circular No. 45/2012/TT-BGTVT of the Ministry of Transport of Vietnam, when a technical defect of the products that have been sold on the market is discovered, the producer must:

- Suspend the release of the products of the same type of the defective products;

- Within 05 working days as from discovering the technical defects, the producer must send written request to their agents for stop selling the products of the same type of the defective products;

- Within 10 working days as from discovering the technical defects, the producer must send written reports to the quality control agency on the detailed information about the reasons of technical defects, the remedial measures, the quantity of products to be recalled, and the specific plan for product recall;

- The producer must announce the product recall on their official website or the mass media;

- Carry out the product recall in accordance with the requirements from the quality control agency as prescribed Point b Clause 2 this Article;

- The producer must report the product recall according to the plan to the quality control agency at least every 03 months;

- Within 30 working days as from finishing the recall, the producer must send written reports to the quality control agency on result of the recall;

- The producer must incur all the costs of the product recall, including the transportation cost.

Moreover, when a technical defect of the products that have been sold on the market is discovered, the quality control agency must:

- Request the producer to send reports on the technical defects;

- Request the producer in writing to send the remedial plan within 05 days, depending on the level of danger and urgency of the technical defects;

- Promptly, adequately, and objectively post the information about the recalled products on the official website of the quality control agency;

- Monitor the implementation of the recall of the producer according to the reported plan;

- Revoke the Certificate of Type approval of the defective products, if necessary, until the producer finishes the product recall as prescribed. If the producer fails to report the result of the recall after 03 months as from the last day of the recall, such Certificate of Type approval shall be permanently revoked.

View more details at the Circular No. 45/2012/TT-BGTVT of the Ministry of Transport of Vietnam, effective from January 01, 01, 2013.

Le Vy

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