Liability to compensate for damage caused by defective products and goods from July 1, 2024

Law on Consumer Rights Protection 2023 promulgated by the National Assembly on June 20, 2023 and will officially take effect from July 1, 2024.

Accordingly, Law on Consumer Rights Protection 2023 Regulations on liability for compensation for damage caused by defective products and goods from July 1, 2024 are as follows:

1. Responsibility to compensate for damage caused by defective products and goods

According to Article 34 Law on Consumer Rights Protection 2023, the liability to compensate for damage caused by defective products and goods is stipulated as follows:

- Business organizations and individuals are responsible for compensating for damages in cases where defective products or goods they provide cause damage to the lives, health, or property of consumers, even if That organization or individual does not know or is not at fault in causing the disability, except in the case of exemption from liability for damages mentioned in Section 2.

- Business organizations and individuals are responsible for compensating for the above damages including:

(i) Organizations and individuals producing products and goods.

(ii) Organizations and individuals importing products and goods.

(iii) Organizations and individuals attach trade names to products and goods or use other trademarks or trade indications that allow identification of the organization or individual producing or importing products and goods. .

(iv) Organizations and individuals performing commercial intermediary activities for products and goods.

(v) Organizations and individuals directly providing products and goods to consumers.

(vi) Other organizations and individuals responsible for products and goods according to other relevant laws.

- In case the business organization or individual in paragraphs (i), (ii), (iii), (iv) and (vi) above cannot be identified, the business organization or individual specified in paragraph (v) is responsible for compensating damages to consumers, unless otherwise provided by law.

- In case many business organizations and individuals cause damage, those business organizations and individuals must jointly compensate for the damage to consumers.

- Compensation for damages is carried out in accordance with the provisions of civil law and other relevant laws.

2. Cases of exemption from liability for compensation for damage caused by defective products or goods

Tpigs specified in Article 35 Law on Consumer Rights Protection 2023, business organizations and individuals mentioned in Section 1 are exempt from liability for compensation in the following cases:

- When proving that the defect of the product or goods cannot be detected with the world's level of science and technology up to the time the product or goods caused damage.

- Business organizations and individuals have fully applied the measures specified in Articles 32 and 33 Law on Consumer Rights Protection 2023, consumers have received full information but still intentionally use products and goods with defects, causing damage. harmful.

- Other cases according to the provisions of civil law and other relevant provisions of law.