Chương 2 Luật chất lượng sản phẩm, hàng hóa 2007: Quyền và nghĩa vụ của tổ chức, cá nhân đối với chất lượng sản phẩm, hàng hóa

Chapter 2

RIGHTS AND OBLIGATIONS OF ORGANIZATIONS AND INDIVIDUALS TOWARDS PRODUCT AND GOODS QUALITY

Section I. RIGHTS AND OBLIGATIONS OF PRODUCTION AND BUSINESS ORGANIZATIONS AND INDIVIDUALS

Article 9. Rights of producers

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

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

3. 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.

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

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

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

7. To be entitled to compensation under the provisions of Section 2, Chapter V of this Law and relevant provisions of law.

Article 10. Obligations of producers

1. To observe the conditions for ensuring the quality of products before they are put on the market according to Article 28 of this Law and take responsibility for products they manufacture.

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

3. To supply truthful information on product and goods quality.

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

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

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

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

8. 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.

9. 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.

10. To pay compensation under the provisions of Section 2, Chapter V of this Law and relevant provisions of law.

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

12. To pay costs of testing, standard- or regulation- conformity certification according to Article 31; sample-taking and testing costs according to Article 41; sample-taking, testing and inspection costs according to Article 58 of this Law.

13. To prove wrong results and faults of conformity evaluation organizations according to Clause 2. Article 63 of this Law.

Article 11. Rights of importers

1. To decide to select the level of quality of goods they import.

2. To request exporters to supply goods of proper quality as agreed upon in contracts.

3. To select inspection organizations to inspect the quality of goods they import.

4. To use standard- or regulation-conformity stamps and other signs for imported goods according to regulations.

5. To decide on internal control measures in order to maintain the quality of products and goods they import.

6. To request sellers to cooperate in withdrawing and handling goods of inferior quality.

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

8. To be entitled to compensation under the provisions of Section 2, Chapter V of this Law and relevant provisions of law.

Article 12. Obligations of importers

1. To observe the conditions for ensuring the quality of imported goods according to Article 34 of this Law.

2. To take responsibility for the quality and labeling of goods they import in accordance with law.

3. To supply truthful information on product and goods quality.

4. To organize and control the process of transportation, storage and preservation in order to maintain goods quality.

5. To announce conditions which must be complied with during the transportation, storage and preservation of goods in accordance with law.

6. To warn sellers and consumers about the goods capability of causing unsafe and notify them of preventive measures.

7. To supply information on warranty and provide warranty service to sellers and consumers.

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

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

10. To re-export imported goods which fail to conform to relevant technical regulations.

11. To destroy imported goods which fail to conform with relevant regulations but cannot be re-exported; to bear all costs of goods destruction and be liable for its consequences in accordance with law.

12. To withdraw and handle goods of poor quality.

13. To pay compensation under the provisions of Section 2, Chapter V of this Law and relevant provisions of law.

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

15. To pay goods quality examination costs and fees according to Article 37; sample-taking and testing costs according to Article 41; sample-taking, testing and expertise costs according to Article 58 of this Law.

Article 13. Rights of exporters

1. To decide to select the level of quality of goods they export.

2. To select appropriate conformity evaluation organizations in order to test, inspect and certify the quality of export goods.

3. To decide on internal control measures in order to maintain the quality of goods till the time of transfer of ovnership of those goods to importers.

4. To use standard- or regulation-conformity stamps and other signs for exported goods according to regulations.

5. To request importers to cooperate in withdrawing and handling goods which fail to ensure the quality as agreed upon.

6. To complain about decisions of examination agencies or competent state management agencies.

7. To be entitled to compensation under the provisions of Section 2, Chapter V of this Law and relevant provisions of law.

Article 14. Obligations of exporters

1. To observe the conditions for ensuring the quality of exported goods according to Article 32 of this Law and take responsibility for goods quality.

2. To take measures for handling exported goods which fail to comply with Article 33 of this Law. If the goods must be destroyed, to bear all costs of goods destruction and take responsibility for its consequences in accordance with law.

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

4. To pay costs of testing and standard- or regulation-conformity certification according to Article 31; sample-taking and testing costs according to Article 41 and sample-taking, testing and inspection costs according Article 58 of this Law.

Article 15. Rights of sellers

1. To decide on modes of examination of goods quality.

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

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

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

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

6. To be entitled to compensations under the provisions of Section 2, Chapter V of this Law and relevant provisions of. law.

Article 16. Obligations of sellers

1. To 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.

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

3. To supply truthful information on product and goods quality.

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

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

6. To supply purchasers with information on goods warranty.

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

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

9. 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.

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

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

12. To pay compensation under the provisions of Section 2, Chapter V of this Law and relevant provisions of law.

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

14. To pay sample-taking and testing costs according to Article 41, and sample-taking and inspection costs according Article 58 of this Law.

Section 2. RIGHTS AND OBLIGATIONS OF CONSUMERS

Article 17. Rights of consumers

1. To be supplied with truthful information on the safety and quality of products and goods and provided with instructions on their transportation, storage, preservation and use.

2. To be supplied with information on warranty for goods, their capability of causing unsafe and preventive measures upon receiving warnings from producers or importers.

3. To request sellers to repair, refund money for. exchange or receive back defective goods.

4. To be entitled to compensations under the provisions of Section 2, Chapter V of this Law and relevant provisions of law.

5. To request organizations and individuals producing and/or trading in goods to fulfill their responsibility for the protection of consumer interests according to the law on protection of consumer interests.

6. To request consumer interest-protecting organizations to protect their lawful interests according to the law on protection of consumer interests.

Article 18. Obligations of consumers

1. To observe the conditions for assurance of good quality in the course of using goods according to Article 42 of this Law.

2. To comply with producers, importers and sellers regulations and instructions on the transportation, storage, preservation and use of products and goods.

3. To comply with regulations on verification of the quality of products and goods quality in the process of using those on the lists issued by line ministries.

4. To observe legal provisions on environmental protection in the process of using products and goods.

Section 3. RIGHTS AND OBLIGATIONS OF CONFORMITY EVALUATION ORGANIZATIONS AND CONSUMER INTEREST-PROTECTING ORGANIZATIONS

Article 19. Rights of conformity evaluation organizations

1. To test, inspect, verify and certify product and goods quality on the basis of contracts signed with organizations and individuals requesting conformity evaluation in their registered operation domain or under designation by competent state agencies.

2. To get paid according to agreements with organizations or individuals producing and/or trading in products and goods that request conformity evaluation or at the request of competent state agencies.

3. To supply testing results to corresponding subjects of conformity evaluation.

4. To grant, re-grant, expand, narrow the scope or suspend and withdraw conformity evaluation certificates, the right to use standard - or regulation-conformity stamps already granted to corresponding subjects of verification or certification.

5. To refuse to supply information related to goods-quality test, inspection, verification and certification results to third parties, unless it is requested by a competent state agency.

6. To have their conformity evaluation results recognized by competence state agencies in accordance with law.

7. To collect costs of test and certification of standard or regulation conformity according to Article 31; charges and fees for examination of the quality of imported goods according to Article 37; testing costs according to Article 41; and testing and inspection costs according to Article 58 of this Law.

Article 20. Obligations of conformity evaluation organizations

1. To meet the conditions set in Clause 5. Article 25 of this Law.

2. Not to refuse to supply services unless they can give plausible reasons.

3. To keep secret conformity evaluation information, data and results of organizations subject to conformity evaluation, unless they are requested by competent state agencies.

4. To ensure publicity, transparency, independence, objectivity, accuracy and no discrimination based on goods origin and organizations and individuals conducting product and goods quality-related activities.

5. To ensure the conformity evaluation order and procedures according to the law on standards and technical regulations.

6. To announce on the mass media the grant, re-grant, expansion, narrowing down of the scope, suspension or revocation of conformity certificates and the right to use standard - or regulation-conformity stamps.

7. To be subject to supervision or inspection of their conformity evaluation activities by competent state agencies.

8. To take responsibility before law for conformity evaluation results.

9. To pay fines to organizations and individuals with evaluated products and goods in case of supplying wrong conformity evaluation results. Fine levels shall be agreed upon by concerned parties but must not exceed 10 times the evaluation cost; if concerned parties cannot reach agreement, fine levels shall be decided by arbitration or a court but must not exceed 10 times the evaluation cost.

10. To pay compensation according to Clause 1, Article 63 of this Law.

Article 21. Rights and obligations of professional organizations

1. To propagate and disseminate to production and business organizations and individuals knowledge about the application of the law on product and goods quality: to form a sense of responsibility for producing and trading in quality-products and goods for consumer interests, which save energy and are environment-friendly; to raise social awareness about consumption, form civilized consumption habits.

2. To support, and raise the awareness of, production and business organizations and individuals about and encourage them to apply the law on product and goods quality.

3. To organize training and retraining in the modes of product and goods quality control and social debate in the control of product and goods quality.

4. To comment on draft legal documents on product and goods quality.

5. To lodge complaints or initiate lawsuits concerning disputes over product and goods quality which cause harms to their or their members interests.

Article 22. Rights and obligations of consumer interest-protecting organizations

1. To represent consumers in protecting their lawful rights and interests when receiving complaints or reports on the quality of goods which fail to conform to announced applicable standards, relevant technical regulations, the quantity indicated on goods labels or the quality prescribed in contracts.

2. To receive information relating to organizations and individuals producing unconformable products or trading in unconformable goods, the degree of the goods non-conformity with announced applicable standards or corresponding technical regulations, and supply this information to mass media agencies, and concurrently take responsibility for their supplied information.

3. To propose supervision and inspection agencies or competent state agencies to handle production and business organizations for their violations related to product and goods quality.

4. To lodge complaints or initiate lawsuits about the quality of products or goods which cause harms to consumers.

5. To provide guidance and advise on consumer interests related to product and goods quality.