Compensation for damage caused by goods not meeting the quality standards of Vietnamese law

In Bac Kan province, many households have reflected on the quality of construction bricks of Tunnel Cam Giang Brick Factory; bursting out like a cake; Head of Economic Construction Department; Bac Kan Department of Construction said it would report to the leadership; then propose to set up an inspection team. So, in the case that the factory produces low-quality bricks, does the production facility have to compensate for the case of “fake” bricks like potatoes in Bac Kan? How do compensate for damage caused by goods of poor quality? Let’s explore this issue with Lawyer X.

Legal grounds

Law on Goods Quality 2007

Event’s happenings

According to Traffic Newspaper, Mr. Ha Quang Tuan (residing in group 10, Phung Chi Kien ward, Bac Kan city, Bac Kan) said; that when his family was finishing a new house; Then discovered about 600 bricks left on the ceiling crumbling, broken. Just use your bare hands to gently squeeze the bricks and they will fall apart like boiled potatoes.

Even when finishing construction of the rough part; the electrician said it was the process of chiseling the wall; installing water pipes found that there were many young bricks; softer than usual, but the family didn’t notice, thinking it was a normal thing in the business.

After that, more than 10 families in Bac Kan province reported experiencing similar cases, with estimated losses of up to billions of dong. Through the preliminary investigation of the Company, it was found that the phenomenon of bricks exploding and falling apart as above is caused by coal mixed with limestone mixed into the brick-making soil during the production process.

The problem is more complicated when Mr. Vu Gia Thang, who is in charge of transporting and supplying coal to Tuynel Cam Giang Brick Factory, confirmed that this phenomenon happened because of taking coal from another coal yard.

Compensation for damage caused by goods of poor quality

What is the responsibility of the unit that produced the case of “fake” bricks like potatoes in Bac Kan? First of all, when the authorities grasp this information, there is still no official conclusion from the inspection team. However, according to the production unit, such defective brick phenomenon is due to the quality of coal.

Thus, when handling the case according to the cause is the quality of coal, that is, by the production unit. Therefore, the law regulates the factory’s responsibilities to families.

Article 61 of the Law on Goods Quality 2007 stipulates that the liability to compensate for damage is as follows:

“Article 61”

The seller must compensate the buyer and consumer for damage in case the damage is caused by the seller’s fault for not ensuring the quality of the goods. The compensation for damage shall be made according to the agreement between the relevant parties or according to the decision of the court or arbitration”.

Therefore, the Factory is responsible for compensating the families for damaged; used bricks from the factory because the quality of bricks is not guaranteed. The compensation will be based on the agreement of the two parties.

In case the two parties cannot reach an agreement, the compensation shall be according to the decision of the court or arbitration.

Solving the case

According to Mr. Nguyen Van Chien, director of the company that owns the brick factory, the factory accepts to return and compensate for the entire work that must be dismantled for the people. At the same time, commitment to warranty, taking full responsibility for the quality of bricks during the use of the work.

With Mr. Tuan’s family, the leader’s representative; Bac Kan Construction Materials Production Joint Stock Company came to meet the family; product quality guarantee. Accordingly, the above enterprise is committed to guaranteeing construction bricks for 2 years. If the quality of bricks is not guaranteed, the Company will be fully responsible; for compensation for construction costs for the family.

Thus, the two sides have chosen to settle the matter as an agreement on the issue of compensation. The agreement on damages should be in writing.

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See more:

Dossier of re-issuance of a work permit due to loss or damage in Vietnam

Liability for consumer damages in Vietnam

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