Responsibility for warranty for goods for consumers in Vietnam

Responsibility for warranty for goods for consumers in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Responsibility for warranty for goods for consumers in Vietnam

Responsibility for warranty for goods, components and accessories Goods, components or accessories are guaranteed by the agreement of the parties or guaranteed compulsorily under provisions of laws.

According to Article 21 of the Law on protection of consumers’ rights 2010, where goods, components or accessories are warranted, organizations or individuals trading goods shall:

- Fully comply with warranty obligations for goods, components or accessories supplied by them;

- Provide consumers with the receipt of the warranty, clearly stating the duration of the warranty. The period for implementation of the warranty is not included in the warranty duration for the goods, components and accessories.

Where organizations or individuals trading goods replace components, accessories or exchange commodities, such warranty duration for components, accessories or goods are calculated from the time of replacing components, accessories or of exchanging new commodity;

- Provide consumer with similar goods, components or accessories for temporary use or provide other forms of settlement accepted by consumers during implementation of the warranty;

- Exchange new similar goods, components or accessories or take back goods, components or accessories and return money to consumers in the case where time for warranty implementation run out while failing to repair or solve the error.

- Exchange new similar goods, components or accessories, or take back the goods give money back to consumers in the case where the warranty is implemented 03 times or more within the warranty duration as to goods, components or accessories without fixing the error;

- Bear the cost of repairs and bear freight to transport goods, components or accessories to the place of warranty, and freight to transport them from the place of warranty to the residence of the consumer;

- Be Responsible for the warranty of goods, components or accessories to consumers even in the event of authorizing other organizations or individuals to perform the warranty.

2. Right to claim on warranty and ưarranty obligation under the Civil Code

* Right to claim on warranty in Vietnam

Pursuant to Article 447 of the Civil Code 2015, if a purchaser discovers a defect in a purchased object during the warranty period, it has the right to require the seller to repair the object free of charge, or reduce its price or replace it with another object, or it has the right to return the object in exchange for a refund.

* Warranty obligation in Vietnam

If agreed by parties or provided by law, a seller has the obligation to provide a warranty for the object for sale and purchase for a certain period, hereinafter referred to as the warranty period.

The warranty period shall be calculated from the time when the purchaser has the obligation to accept the object.

(Article 446 of the Civil Code 2015)

3. Principle of protecting consumers’ interests in Vietnam

According to Article 4 of the Law on protection of consumers’ rights 2010, the principle of protecting consumers’ interests include:

- Protecting the interests of consumers is the common responsibility of the State and the entire society.

- Interests of consumers are respected and protected as prescribed by laws.

- Protecting the interests of consumers must be exercised timely, fairly, transparently and lawfully.

- Activities to protect the interests of consumers do not infringe upon the interests of the State, lawful rights and interests of organizations or individuals dealing in goods, services, and other organizations or individuals.

Nguyen Thi Hoai Thuong

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