Rights and obligations of product and goods producers in Vietnam

Rights and obligations of product and goods producers in Vietnam (Internet image)

1. What are products and goods?

According to Clauses 1 and 2, Article 3 of the Law on Product and Goods Quality 2007, products and goods are defined as follows:

- Product means the output of a production or service provision process for a commercial or consumption purpose.

- Goods means products put on the market or for consumption through exchange, sale or marketing.

2. Rights and obligations of product and goods producers in Vietnam

Rights and obligations of product and goods producers under Articles 9 and 10 of the Law on Product and Goods Quality 2007 are as follows:

2.1. Rights of producers in Vietnam

- To decide on and announce the quality of products they manufacture or supply.

- To decide on internal control measures in order to ensure product quality.

- To select appropriate evaluation organizations for testing, verifying, inspecting and certifying product and goods quality.

In case of certification of regulation conformity, examination of product quality according to state management requirements, producers shall select designated conformity evaluation organizations.

- To use standard- or regulation- conformity stamps and other signs for products according to law.

- To request sellers to cooperate in the withdrawal and handling of goods of poor quality.

- To complain about conclusions of examination teams or decisions of examination agencies or competent state management agencies.

- To be entitled to compensation under the provisions of Section 2, Chapter V of the Law on Product and Goods Quality 2007 and relevant provisions of law.

2.2. Obligations of producers in Vietnam

- To observe the conditions for ensuring the quality of products before they are put on the market according to Article 28 of the Law on Product and Goods Quality 2007 and take responsibility for products they manufacture.

- To display quality information on goods labels, packing or in documents accompanying goods in accordance with legal provisions on goods labeling.

- To supply truthful information on product and goods quality.

- To warn about the products capability of causing unsafe and notify preventive methods to sellers and consumers.

- To announce the requirements on transportation, storage, preservation and use of products and goods.

- To supply purchasers and consumers with information on warranty and warranty services for products and goods.

- To repair, refund money or exchange for new goods or receive back defective ones which are returned by sellers or consumers.

- To promptly stop production, notify such to, concerned parties and take remedies when detecting that products or goods cause unsafe or fail to conform to announced applicable standards or relevant technical regulations.

- To withdraw and handle products and goods of poor quality. If the goods must be destroyed, to bear all costs of goods destruction and be liable for its consequences in accordance with law.

- To pay compensation under the provisions of Section 2, Chapter V of the Law on Product and Goods Quality 2007 and relevant provisions of law.

- To observe competent state agencies regulations and decisions on inspection and supervision.

- To pay costs of testing, standard- or regulation- conformity certification according to Article 31; sample-taking and testing costs according to Article 41 of the Law on Product and Goods Quality 2007; sample-taking, testing and inspection costs according to Article 58 of the Law on Product and Goods Quality 2007.

- To prove wrong results and faults of conformity evaluation organizations according to Clause 2, Article 63 of the Law on Product and Goods Quality 2007.

Quoc Dat

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