Rights and obligations of sellers regarding products and goods in Vietnam

Rights and obligations of sellers regarding products and goods in Vietnam (Internet image)

Rights and obligations of sellers regarding products and goods in Vietnam

(1) Regarding rights

According to Article 15 of the Law on Product and Goods Quality 2007, sellers have the following rights:

- To decide on modes of examination of goods quality.

- To select appropriate evaluation organizations for testing and inspecting goods.

- To decide on internal control measures in order to maintain goods quality.

- To settle disputes under the provisions of Section 1, Chapter V of the Law on Product and Goods Quality 2007 and request producers or importers that have supplied goods to pay compensation for damage according to Clause 1, Article 61 of the Law on Product and Goods Quality 2007.

- To complain about conclusions of quality controllers, examination teams and decisions of examination agencies or competent state management agencies.

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

(2) Regarding obligations

The seller's obligations include:

- Observe the conditions for ensuring the quality of goods circulated on the market according to Article 38 of this Law and take responsibility for goods quality.

- To check the origin of goods, goods labels, standard- or regulation-conformity stamps and documents related to goods quality.

- To supply truthful information on product and goods quality.

- To apply measures to maintain the quality of goods during their transportation, storage and preservation.

- To notify purchasers of conditions to be ensured during the transportation, storage, preservation and use of goods.

- To supply purchasers with information on goods warranty.

- To supply documents and information on goods subject to examination to quality controllers, and product and goods quality examination teams and agencies.

- To promptly supply purchasers with information on the goods capability of causing unsafe and preventive measures upon receiving warnings from producers or importers.

- To promptly stop selling goods and notifying producers, importers and purchasers when detecting unsafe goods or goods which fail to conform to announced applicable standards or relevant technical regulations.

- To refund money or exchange goods for new ones or receive back defective goods returned by purchasers.

- To cooperate with producers and importers in withdrawing and handling goods which fail to conform to announced applicable standards or relevant technical regulations.

- 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 comply with competent state agencies regulations and decisions on inspection and supervision.

- To pay sample-taking and testing costs according to Article 41 of the Law on Product and Goods Quality 2007, and sample-taking and inspection costs according Article 58 of the Law on Product and Goods Quality 2007.

(Article 16 of the Law on Product and Goods Quality 2007)

State policies on product and goods quality-related activities in Vietnam

State policies on product and goods quality-related activities include:

-  To encourage organizations and individuals to formulate and apply advanced standards to products and goods as well as the management and administration of production and business.

- To formulate national programs on raising the productivity, quality and competitiveness of products and goods.

- To invest in and develop the testing system to meet the requirements of production, business and state control of product and goods quality.

- To enhance training and retraining of human resources for product and goods quality control.

- To propagate and disseminate policies and laws on product and goods quality; to form a sense of producing and trading in quality products and goods for consumers interest, which save energy and are environment-friendly; to raise social awareness about consumption and build civilized consumption habits.

- To encourage and create conditions for domestic and foreign organizations and individuals to invest and participate in testing, inspecting, verifying and certifying product and goods quality.

- To expand cooperation with other nations, territories, international organizations, regional organizations as well as foreign organizations and individuals in activities related to product and goods quality; to enhance the conclusion of treaties and agreements between Vietnam and other countries, territories, international or regional organizations on mutual recognition of conformity evaluation results; to encourage Vietnamese conformity evaluation organizations to sign agreements on recognition of conformity evaluation results given by corresponding organizations of other countries or territories so as to facilitate the development of trade between Vietnam and those countries or territories.

(Article 6 of the Law on Product and Goods Quality 2007)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE