Chapter V
RESPONSIBILITIES FOR DEFECTIVE PRODUCTS AND GOODS
Article 17. Necessary measures to stop the supply of defective products and goods
1. Excluding cases where the law prescribes otherwise, within 24 hours after detecting defective products and/or goods or receiving requests from competent authorities, traders shall immediately carry out necessary measures to stop the supply of defective products and/or goods on the market.
2. Traders shall assume responsibility before consumers and the law regarding any delay in stopping the supply of defective products and/or goods on the market.
Article 18. Responsibility for disclosing and announcing the recall of defective products and goods
1. If defective products and goods are of group A according to Point a Clause 1 or Point c Clause 1 Article 33 of the Law on Protection of Consumers’ Rights, within 3 working days after detecting that products and goods are defective or receiving recall requests from competent authorities, traders shall disclose and announce information on the defective products and goods and the recall of such products and goods according to Points b and c Clause 2 Article 33 of the Law on Protection of Consumers’ Rights.
2. If defective products and goods are of group B according to Point b Clause 1 Article 33 of the Law on Protection of Consumers’ Rights, within 5 working days after detecting that products and goods are defective or receiving recall requests from competent authorities, traders shall disclose information on defective products and goods and the recall of such products and goods according to Point b Clause 2 Article 33 of the Law on Protection of Consumers’ Rights.
3. If other laws stipulate the time for the implementation of responsibilities prescribed in Clauses 1 and 2 of this Article differently, traders shall comply with such laws.
Article 19. Reports on the recall of defective products and goods submitted to competent authorities
1. Before recalling defective products and goods, traders shall submit reports to consumer right protection authorities and relevant state management authorities following Form No. 08 enclosed herewith.
2. Excluding cases where the law prescribes otherwise, within 5 working days from the end of the recall of defective products and goods or the date of receipt of requests for reports from consumer right protection authorities and relevant state management authorities, traders shall submit reports on the results of the recall to such authorities following Form No. 09 enclosed herewith.
3. Where the recall of defective products and goods is implemented only in a province or centrally affiliated city, traders shall submit reports on the recall to the consumer right protection authority of the Provincial People’s Committee and the provincial specialized authority where the recall is implemented.
Where the recall of defective products and goods is implemented in two or more provinces or centrally affiliated cities, traders shall submit reports on the recall to the consumer right protection authority of the Ministry of Industry and Trade of Vietnam and relevant central state management authorities for inspection and monitoring while submitting reports consumer right protection authorities and specialized authorities at the provincial level where the recall is implemented for such authorities to cooperate in inspecting and monitoring the local recall.
Article 20. Sources of information and data for identifying defective products and goods
1. The identification of defective products and goods according to this Decree shall be carried out in compliance with Clause 3 Article 3 and Clause 1 Article 33 of the Law on Protection of Consumers’ Rights.
2. The identification of defective products and goods may be based on one or several grounds or the following sources of information and data:
a) Notifications and warnings of competent authorities of countries and territories;
b) Notifications and warnings of international organizations that Vietnam is a member;
c) Judgments and rulings of Courts;
d) Information and warnings of specialized authorities;
dd) Effective decisions on the recall of defective products and goods of competent authorities;
e) Identification of defective products and goods of traders;
g) Other sources of information and data if consumer right protection authorities and relevant state management authorities can prove their authenticity and sufficient scientific grounds.
3. Traders shall identify defective products and goods subject to recall as per regulation and assume all responsibility for the identification of defective products and goods as prescribed in Clauses 1 and 2 of this Article.
4. Where there are grounds to assume that the identification of defective products and goods by traders is inappropriate, consumer right protection authorities and relevant state management authorities may request traders to adjust it for appropriateness to implement the responsibilities for recalling defective products and goods according to the re-identified defective products and goods and in compliance with the law.
Article 21. State management authorities in charge of inspecting and monitoring the recall of defective products and goods
1. Consumer right protection authorities and relevant state management authorities shall receive reports from traders and inspect and monitor the recall of defective products and goods as prescribed in Article 32 and Article 33 of the Law on Protection of Consumers’ Rights.
2. Provincial consumer right protection authorities and provincial specialized authorities recalling defective products and goods shall inspect and monitor the recall to ensure that it complies with the contents of reports and notifications provided by traders and ensures the legitimate rights and benefits of consumers and compliance with the law.
3. Where the recall of defective products and goods is implemented in two or more provinces or centrally affiliated cities, the central consumer right protection authorities and relevant central state management authorities shall inspect and monitor the recall while directing and cooperating with provincial consumer right protection authorities and provincial specialized authorities in implementing the recall for local inspection and monitoring.
4. In necessary cases, consumer right protection authorities and relevant state management authorities may request traders to adjust or add necessary measures to the recall program to ensure the rights and benefits of consumers as prescribed by the law.
Tìm kiếm
Nghị định 55/2024/NĐ-CP hướng dẫn Luật Bảo vệ quyền lợi người tiêu dùng (Bản Word)
Nghị định 55/2024/NĐ-CP hướng dẫn Luật Bảo vệ quyền lợi người tiêu dùng (Bản Pdf)