Regulations on recalling defective products and goods from July 1, 2024

According to the provisions of Clause 4, Article 3 Law on Consumer Rights Protection 2023 (effective from July 1, 2024):

Products and goods have defects means a product or good that does not ensure safety for consumers and is capable of causing damage to the life, health, or property of consumers but the defect has not been detected at the time the product or good is provided to consumers even though the products and goods are manufactured in accordance with current standards and technical regulations, including:

- Mass-produced products and goods have defects arising from technical design.

- Single products and goods with defects arising from the process of production, processing, transportation, storage and use.

- Products and goods have potential risks of causing unsafety during use but do not have adequate instructions or warnings for consumers.

The recall of defective products and goods from July 1, 2024 will be carried out according to the provisions of Article 33. Law on Consumer Rights Protection 2023 as follows:

1. Products and goods with defects

Products and goods with defects include:

- Products and goods with group A defects are products and goods capable of causing damage to the lives and health of consumers.

- Products and goods with group B defects are products and goods capable of causing damage to consumers' property.

- If products and goods have defects that can cause damage to the lives, health, or property of consumers, the regulations for products and goods with group A defects shall apply.

2. Responsibilities of business organizations and individuals when products and goods have group A defects

In case of detecting products or goods with group A defects, business organizations and individuals must do so on their own or at the request of a state management agency on consumer rights protection or a state management agency. Relevant sectors and fields have the following responsibilities:

- Promptly take all necessary measures to stop the supply and recall defective products and goods on the market.

- Publicize products and goods with defects and the recall of such products and goods in the form of posting at headquarters, business locations and posting on websites and application software ( if any) of the business organization or individual until the end of the recall.

- Publicly announce about defective products and goods and the recall of those products and goods for at least 05 consecutive issues or 05 consecutive days on radio stations, television stations, print newspapers, and electronic newspapers at the central and local levels where those products and goods circulate.

3. Responsibilities of business organizations and individuals when products and goods have group B defects

In case of detecting products or goods with group B defects, business organizations and individuals must do so on their own or at the request of a state management agency for protecting consumer rights or a state management agency. Relevant sectors and fields are responsible for:

- Promptly take all necessary measures to stop the supply and recall defective products and goods on the market.

- Publicize products and goods with defects and the recall of such products and goods in the form of posting at headquarters, business locations and posting on websites and application software ( if any) of the business organization or individual until the end of the recall.

4. Content of notification and publicity about defective products and goods and recalls

The notification and public content mentioned in Section 2 and Section 3 of this article include:

- Description of products and goods subject to recall.

- Reasons for recalling products and goods and warning of the risk of damage caused by defects in products and goods.

- Time, location, method of recalling products and goods.

- Time and method of overcoming defects of products and goods.

- Other related content (if any) to protect consumer rights.