According to Vietnamese law, who is responsible for compensating for damage when there are defective goods or services circulating on the market causing damage to consumers? Let’s find out with Lawyer X with the following article:
Legal grounds:
Law on Protection of Consumer Rights 2010
Law on Product and Goods Quality 2007
Consulting content:
When there are defective goods circulating on the market, there will be two obligations of the supplier of the goods. Responsibility to recover defective goods and compensate for damage caused by defective goods (if any)
What is consumer compensation?
Consumer compensation is a specific type of civil liability in consumer relations. Accordingly, forcing organizations and individuals trading in goods and services to be responsible for compensating for the damage they cause, by compensating for material and spiritual losses to consumers.
The Civil Code 2015 defines the subject of the legal relationship on liability to compensate for damage caused by violations of consumer rights, including: the subject responsible for compensation for damage in the provision of goods, service is not guaranteed quality; or failure to provide sufficient necessary information about the use of such goods or services to consumers, leading to damage to consumers and the subject of compensation.
The subject of compensation for damage to consumers
- Organizations and individuals organize and carry out the production
- Businessman; individuals who conduct independent and regular commercial activities without having to register for business.
- Besides, individuals and organizations producing goods; organizations and individuals importing goods;
- Moreover, organizations and individuals attach trade names to goods or use trademarks or trade indications. Allowing identification of organizations or individuals producing or importing goods;
- Individuals and organizations that directly supply goods
Subjects responsible for compensation for damage are regulated by the Law on Product and Goods Quality 2007. Producers and importers must compensate consumers for damage in case the goods cause damage due to the manufacturer’s or importer’s failure to ensure the quality of the goods. Except for the cases specified in Clauses 1 and 2, Article 62.
The seller is responsible for compensating consumers if damage arises from the seller’s fault for not ensuring the quality of products and goods. Except for the cases specified in Clause 2, Article 62.
Cases that do not have to compensate consumers for damage
Producers and importers are not required to pay compensation in the following cases:
- Vendors sell expired goods; consumers use expired goods;
- The statute of limitations for complaints or lawsuits has expired;
- Having notified the recall of defective goods to sellers and users before the time when the goods cause damage;
- Products and goods with defects due to compliance with mandatory regulations of competent state agencies;
- The world’s level of science and technology is not enough to detect the unsafety of products by the time the goods cause damage;
- Damage arising from the seller’s fault;
- Damage arising from the fault of the buyer or consumer.
Sellers are not required to compensate buyers or consumers in the following cases:
- Consumers use expired goods;
- The statute of limitations for complaints or lawsuits has expired;
- The defective goods have been notified to the buyer or consumer, but the buyer or consumer still buys and uses such goods;
- Goods with defects due to the manufacturer’s or importer’s compliance with mandatory regulations of the competent state agency;
- The world’s level of science and technology is not enough to detect the unsafety of goods by the time the goods cause damage;
- Damage arising from the fault of the buyer or consumer.
- The Civil Law 2015 has not mentioned the case that both the producer, the importer and the seller are at fault for not ensuring the quality of products and goods, causing damage to consumers.
However, other laws such as the Commercial Law, which stipulates liability for damaged goods, which do not guarantee product quality according to the fault level of each party, may be applied in some specific cases.
Related article:
Frequently asked questions
Responsibility to compensate consumers for damage belongs to:
– Organizations and individuals perform and organize the production.
– Organizations and individuals producing goods; organizations and individuals importing goods.
– Traders and individuals conduct independent and regular commercial activities without having to register for business
If you go to a restaurant with food poisoning, the restaurant will be responsible for compensating customers for damage caused by their fault. The restaurant may have to compensate for medical expenses; the actual lost or reduced income of the aggrieved person and the caregiver of the aggrieved person; compensate for the mental loss, etc.
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