Clubs · Dec 15, 2024 · 3 min read
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Clubs · Dec 15, 2024 · 3 min read
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This article provides detailed information on legal regulations related to receiving and handling consumer feedback, requests, and complaints. Understanding these regulations will help you protect your legal rights and know how to handle problems when you encounter them during your consumption. The article also explains the process and the competent authorities in handling consumer complaints.
1. Responsibility for receiving and resolving consumer feedback, requests and complaints
According to Article 31 of the Law on Consumer Protection, the responsibility for receiving and resolving consumer feedback, requests and complaints is stipulated as follows:
1. Business organizations and individuals are responsible for receiving and resolving consumer feedback, requests, and complaints.
2. Business organizations and individuals are responsible for notifying consumers about the receipt of consumer feedback, requests and complaints within 03 working days from the date of receipt of such feedback, requests and complaints.
3. Organizations and individuals that manufacture, import products, goods or directly sell, provide products, goods and services to consumers are responsible for developing and publicizing the process of receiving and resolving consumer feedback, requests and complaints by posting in a visible location at the headquarters, business location and posting on the website, application software (if any).
The provisions of this clause are not mandatory for individuals conducting independent and regular commercial activities, not required to register for business, and all micro-enterprises as prescribed by law.
2. Compensation for damage caused by defective products and goods
According to the provisions of Article 34 of the Law on Protection of Consumer Rights, it is stipulated as follows:
1. Business organizations and individuals are responsible for compensating for damages in cases where defective products or goods provided by them cause damage to the life, health or property of consumers, even if the organization or individual does not know or is not at fault for the defect, except in cases specified in Article 35 of the Law on Consumer Protection.
2. Business organizations and individuals responsible for compensating for damages specified in Clause 1 of this Article include:
a) Organizations and individuals producing products and goods;
b) Organizations and individuals importing products and goods;
c) Organizations and individuals attach trade names to products and goods or use other trademarks and commercial indications that allow identification as organizations and individuals that manufacture or import products and goods;
d) Organizations and individuals performing commercial intermediary activities for products and goods;
d) Organizations and individuals directly providing products and goods to consumers;
e) Other organizations and individuals are responsible for products and goods according to other relevant legal provisions.
3. In case the business organizations and individuals specified in Points a, b, c, d and e, Clause 2 of this Article cannot be identified, the business organizations and individuals specified in Point d, Clause 2 of this Article shall be responsible for compensating consumers for damages, except where otherwise provided by law.
4. In case many business organizations and individuals specified in Clause 2 of this Article jointly cause damage, those business organizations and individuals must jointly compensate consumers for the damage.
5. Compensation for damages shall be made in accordance with the provisions of civil law and other relevant provisions of law.
3. Exemption from liability for damages caused by defective products or goods
According to the provisions of Article 35 of the Law on Protection of Consumer Rights, it is stipulated as follows:
Business organizations and individuals specified in Article 34 of the Law on Consumer Rights Protection are exempted from liability for compensation for damages in the following cases:
1. When it is proven that the defect of the product or goods could not be detected with the world's level of science and technology at the time the product or goods caused damage;
2. Business organizations and individuals have fully applied the measures prescribed in Articles 32 and 33 of the Law on Consumer Protection, and consumers have fully received information but still intentionally use defective products and goods, causing damage;
3. Other cases as prescribed by civil law and other relevant legal provisions.
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