Violations on providing information about goods and services to consumers in Vietnam

BichNgoc April 25, 2022

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Posts : Violations on providing information about goods and services to consumers in Vietnam In the section LSX Lawfirm

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The purchase and sale of goods is one of the commercial activities, which is an indispensable process for the business needs of the seller; and the demand for the use of goods by the consumer. In the process of buying; and selling goods for consumers, the seller must provide accurate information about goods and services to consumers. If the seller violates the provision of information about goods and services to consumers in certain cases; it handled according to the provisions of law. LSX Lawfirm will give you an article about: “Violations on providing information about goods and services to consumers in Vietnam”, as follows:

Legal grounds

Decree 98/2020/ND-CP stipulates penalties for administrative violations in commercial activities, production and trading of counterfeit and banned goods, and protection of consumers’ interests.

Violations on providing information about goods and services to consumers in Vietnam

According to Article 47 of Decree 98/2020/ND-CP on sanctioning of administrative violations in commercial activities; production and trading of counterfeit and banned goods and protection of consumers’ interests, the violation acts Provision of information about goods and services to consumers regulated as follows:

Firstly

– A fine ranging from VND 10,000,000 to VND 20,000,000 imposed on traders that commit one of the following violations; in terms of providing information about goods and services to consumers:

Failing to warn about the possibility that goods and services have adverse effects on consumers’ health; life and property and take preventive measures as prescribed;
Failing to provide information on the ability to supply replacement parts and accessories of goods as prescribed;
Then failing to provide user manuals or provide information on warranty conditions; terms, locations and procedures in case goods or services have warranties as prescribed;
Failing to accurately and fully notify consumers of model contracts and general transaction conditions before the transaction as prescribed;
Conceal information or provide incomplete, false or inaccurate information to consumers according to regulations.

Secondly

– A fine ranging from VND 20,000,000 to VND 30,000,000; imposed; on a third party that commits one of the following violations in terms of providing information of goods; or services to consumers:

Providing incomplete or inaccurate information about goods and services provided as prescribed;
Failing to have evidence to prove or failing to take all measures as prescribed by law to check the accuracy; and completeness of information about goods or services.

Thirdly

– A fine ranging from VND 30,000,000 to VND 50,000,000 imposed on media owners; or third party communication service providers who commit one of the following violations in terms of providing information about goods services for consumers:

There is no technical solution to prevent the means and services; under their management from used for the purpose of harassing consumers;
Allowing organizations and individuals trading in goods and services to use facilities and services under their management to harass consumers.

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In addition

The form of fines for violations of providing information about goods and services to consumers mentioned above, the violators may also be subject to additional sanctions.

Specifically, deprivation of the right to use business licenses; practice certificates from 01 month to 06 months; or suspension of operation from 01 month to 06 months for acts of violating media owners; service providers media is a third party that commits violations of; providing information of goods and services to consumers in case of repeated violations or recidivism.

In addition, the person who conceals information or provides incomplete; false or inaccurate information to consumers according to regulations will also be subject to remedial measures forcing the correction of false information true; or misleading.

Thus, through the above analysis, it can be seen that for violations of providing information; about goods and services to consumers; depending on the specific actions that the subject performs the acts. This will be fined with different levels, in addition may be subject to additional sanctions and remedial measures for violations.

Related questions

What are food additives?

A food additive is a substance that is intentionally added to food during the manufacturing process, with or without nutritional value, in order to preserve or improve the characteristics of the food.

What is the penalty for adding and subtracting ingredients?

A fine ranging from 03 times to 05 times the value of the consumed infringing goods for acts of replacing, exchanging, adding or subtracting ingredients or additives, or mixing impurities with substances that cause unsafety to humans or animals. Objects, assets, and the environment cause the quality of products and goods to fail to conform to relevant technical regulations or regulations of competent agencies.

What is smuggled goods?

Smuggled goods are understood as:
Imported goods on the list of goods banned from import or temporarily suspended from import according to the provisions of law, except for cases where the Prime Minister decides to allow import;
Goods imported under permits without import permits or goods imported under conditions that do not satisfy the conditions prescribed by law;
Imported goods do not go through the prescribed border gate, do not go through customs procedures as prescribed by law or cheat on the quantity and type of goods when doing customs procedures;
Imported goods circulated on the market without invoices and documents attached as prescribed by law or with invoices and vouchers but invoices and documents are illegal according to the provisions of law on management of goods. handling invoices;
Goods imported according to the provisions of law must be affixed with import stamps but do not have stamps on the goods as prescribed by law or have stickers but are fake stamps or used stamps.

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