Regulations on recall of defective products and goods in Vietnam as of July 1, 2024

Regulations on recall of defective products and goods in Vietnam as of July 1, 2024

Pursuant to Article 33 of the Law on Protection of Consumers’ Rights 2023 (taking effect on July 1, 2024). regulations on recall of defective products and goods in Vietnam are as follows:

(1) 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.

(2) Upon discovery of any defective product or good of Group A, a trader has the responsibility to perform the following tasks themself or at the request of the consumer right protection authority or the industry and sector managing authority:

- Promptly take any necessary measures to stop the supply of the defective product or good and recall it on the market;

- Publicly announce the defective product or good and the recall thereof in a distinct position at the head office and business locations, and on any websites or apps (if any) of the trader until the recall is done;

- Publicly announce the defective product or good and the recall thereof in at least 05 successive issues or on 05 successive days of a printed/online newspaper or radio/television station at central level and in the locality where such defective products or goods are circulated.

(3) Upon discovery of any defective product or good of Group B, a trader has the responsibility to perform the tasks specified in points a and b clause 2 of this Article themself or at the request of the consumer right protection authority or the industry and sector managing authority.

(4) The announcement specified in clauses (2) and (3) shall include the following:

- Description of the products or goods to be recalled;

- Reason for the recall and warnings of damage which may be caused by the defective product or good;

- Time, location and form of the recall;

- Time and method to remedy the defect;

- Other relevant contents (if any) aiming to protect consumers' rights.

Regulations on recall of defective products and goods in Vietnam as of July 1, 2024 (Internet image) 

Liability for defective products and goods in Vietnam

Pursuant to Article 32 of the Law on Protection of Consumers’ Rights 2023, regulations on liability for defective products and goods are as follows:

- When a trader discovers that their products or goods are defective, they have the responsibility to:

+ Recall and handle defective products or goods as prescribed in Article 33 of this Law and other relevant regulations of law;

+ Take necessary measures to protect consumers’ rights during the recall and handling of defective products or goods;

+ Submit reports to the consumer right protection authority and relevant regulatory body, both before and after the recall; carry out the recall according to the submitted reports and bear the costs incurred during the recall.

- The consumer right protection authority of the province and specialized authority of the province where the recall of products or goods is carried out shall conduct inspection and supervision to make sure that the recall is carried out according to the reports, protecting consumers’ legitimate rights and interests and conforming to regulations of law.

If the recall is carried out within at least 02 provinces or central-affiliated cities, the central consumer right protection authority and relevant central regulatory body shall inspect and supervise it.

Mai Thanh Loi

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