LAW
ON PROTECTION OF CONSUMERS’ RIGHTS
Pursuant to the Constitution 1992 of the Socialist Republic of Vietnam, of which some articles were amended and supplemented under the Resolution No.51/2001/QH10;
The National Assembly hereby promulgated the Law on protection of consumers’ rights,
Chapter 2.
RESPONSIBILITIES OF ORGANIZATIONS OR INDIVIDUALS TRADING GOODS AND/OR SERVICES TO CONSUMERS
Article 21. Responsibility for warranty for goods, components and accessories Goods, components or accessories are guaranteed by the agreement of the parties or guaranteed compulsorily under provisions of laws. Where goods, components or accessories are warranted, organizations or individuals trading goods shall:
1. Fully comply with warranty obligations for goods, components or accessories supplied by them;
2. Provide consumers with the receipt of the warranty, clearly stating the duration of the warranty. The period for implementation of the warranty is not included in the warranty duration for the goods, components and accessories. Where organizations or individuals trading goods replace components, accessories or exchange commodities, such warranty duration for components, accessories or goods are calculated from the time of replacing components, accessories or of exchanging new commodity;
3. Provide consumer with similar goods, components or accessories for temporary use or provide other forms of settlement accepted by consumers during implementation of the warranty;
4. Exchange new similar goods, components or accessories or take back goods, components or accessories and return money to consumers in the case where time for warranty implementation run out while failing to repair or solve the error.
5. Exchange new similar goods, components or accessories, or take back the goods give money back to consumers in the case where the warranty is implemented 03 times or more within the warranty duration as to goods, components or accessories without fixing the error;
6. Bear the cost of repairs and bear freight to transport goods, components or accessories to the place of warranty, and freight to transport them from the place of warranty to the residence of the consumer;
7. Be Responsible for the warranty of goods, components or accessories to consumers even in the event of authorizing other organizations or individuals to perform the warranty.
Article 22. Responsibility for recalling defective goods
Upon detection of defective goods, organizations or individuals manufacturing or importing the goods shall:
1. Promptly take all necessary measures to stop the supply of defective goods in the market;
2. Inform publicly about the defective goods and the recovery of the goods by at least 05 consecutive issues of daily newspaper or 05 consecutive days through the radio or television in area where such goods are circulated with the following details:
a) Description of the goods to be recovered;
b) Reasons for recovery of the goods and warning on the risk of damage caused by the defects of the goods;
c) Time, place and way of recovery of the goods;
d) Time and mode of overcoming the defects of the goods;
e) The measures necessary to protect the interests of consumers in the course of recovery of the goods;
3. Implementation of the recovery of the defective goods in line with the publicly-informed content and bear the expenses incurred in the recalling process;
4. Reporting the results to the provincial state management agency for the protection of consumers’ interests where the recovery of the defective goods take place after completion of the recall, in the case where the recall of the defective goods is conducted on the territories of two or more provinces, the results shall be reported to the central state management agencies for the protection of consumers' interests.
Article 23. Liability for compensation for damage caused by defective goods
1. Organizations or individuals trading goods shall be liable for damages in the case where defective goods, which supplied by them, cause damages to life, health, properties of consumers, even if the defects are not known to or not caused by those organizations or individuals, except as provided in Article 24 of this Laws.
2. Organizations or individuals trading in goods as defined in clause 1 of this article include:
a) Organizations or individuals producing goods;
b) Organizations or individuals importing goods;
c) Organizations or individuals attaching trade name to goods or using trademark or commercial instruction, by which organizations or individuals producing or importing goods are identified;
d) Organizations or individuals directly providing defective goods to consumers in case of failure to identify organizations or individuals responsible for damages prescribed in Points a, b and c of this Clause.
3. The compensation complies with civil laws.
Article 24. Exemption from liability for damage caused by defective goods
Organizations or individuals trading goods specified in Article 23 of this Law shall be exempt from compensation if they can prove that the defects of the good could not be detected with the scientific and technical knowledge at the time organizations or individuals trading goods supplied the defective good to consumers.
Article 25. Requirement of state management agencies to protect consumers’ interests
1. Upon discovering that violations of laws on protection of consumers’ interests by organizations or individuals trading goods and/or services cause damage to the interests of the State, the interests of many consumers, public interest, the consumers, social organizations may request verbally or in writing to the State management agency on protection of consumers’ interests of the district where the transaction take place to handle.
2. Consumers or social organizations are obliged to provide information and evidence related to violations of organizations or individuals trading goods and/or services.
Article 26. Resolving the request to protect consumers’ interests
1. Upon receipt of the request of consumers, the district-level state management agencies for protection of the interests of consumers shall request the parties to explain and provide information, evidence or by themselves verify and collect information and evidence to deal with as prescribed by law.
2. District-level state management agencies for protection of the interests of consumers shall respond in writing with respect to their resolution to the consumers; in the case where organizations or individuals trading goods services are found to violate the interests of consumers, a written reply must contain the following:
a) The violation behaviors;
b) Measure to overcome the consequences;
c) The duration for applying the measure of overcoming the consequences;
d) Measures for handling administrative violations, if any.
3. Remedies for overcoming the consequences prescribed in Point b, Clause 2 of this Article include:
a) Forcing organizations or individuals trading goods and/or services to withdraw and destroy goods or stop supplying goods or services;
b) Suspending or suspending temporarily the business activities of the violating organizations or individuals;
c) Forcing organizations or individuals trading goods and/or services to eliminate provisions that violate the interests of consumers from the form-based contract, general trading conditions.
4. In addition to the measures specified in Clause 3 of this Article, re-violating organizations or individuals trading goods and/or services may also be introduced to the List of organizations or individuals trading goods and/or services violating customers' interests.
5. The Government shall specify this Article.
http://www.itpc.gov.vn/investors/how_to_invest/law/Law%20No.59_2010_QH12/mldocument_view/?set_language=en