Does the responsibility for shipping warranty goods in Vietnam belong to the company or the customer?

Nội dung chính

• Transport of warranty goods in Vietnam is under the responsibility of the company or the responsibility of the customer?
• How much is the penalty for failure to carry warranty goods in Vietnam?

Transport of goods under warranty in Vietnam is under the responsibility of the company or the responsibility of the customer?

Pursuant to Article 21 of the Law on Protection of Consumer Rights 2010 on the liability for goods under warranty, components and accessories, specifically as follows:

Responsibility for goods under warranty, components and accessories Goods, components or accessories are guaranteed by the agreement of the parties or guaranteed compulsorily under provisions of laws. Where goods, components or accessories are warranted, organizations or individuals trading goods shall:

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

2. 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;

3. 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;

4. 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.

5. 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;

6. 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;

7. 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.

Thus, in Vietnam, in comparison with the above regulations, the company that sells you the refrigerator must be responsible or bear the cost of transporting the goods to the place of warranty and from the place of warranty to your home.

How much is the penalty for failure to carry goods under warranty in Vietnam?

In Clause 1, Article 56 of Decree 98/2020/ND-CP on violations of goods warranty liability:

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon a trader for committing one of the following violations, if the goods under warranty are worth less than VND 20.000.000:

a) Failing to provide the receipt of warranty claim in which the time limit for settling the claim is specified to the consumer;

b) Failing to provide the consumer with similar goods, parts or accessories for temporary use or failing to adopt other methods accepted by the consumer during the settlement of a warranty claim;

c) Failing to provide the consumer with new and similar goods, parts or accessories or failing to take back the goods, parts or accessories and make a refund to the consumer if, at the end of the time limit for settling the warranty claim,  the attempt at a repair or rectification of faults is unsuccessful;

d) Failing to provide the consumer with new and similar goods, parts or accessories or failing to take back the goods, parts or accessories and make a refund to the consumer if the rectification of faults of goods is still unsuccessful although the goods have been under 03 or more times of warranty within the prescribed warranty period;

dd) Failing to pay costs of repair and transport of goods, parts or accessories to the place of warranty and from the place of warranty to the consumer’s residence;

e) Failing to fulfill, or improperly or partially fulfilling the responsibility for warranty on goods, parts or accessories as committed with consumers;

g) Denying responsibility for warranty on goods, parts or accessories when authorizing another entity to perform warranty tasks.

According to this Decree, when the company pays for the cost of repairing and transporting goods, components and accessories to the warranty place and from the warranty place to your residence in Vietnam , you may be fined between VND 5,000,000 and VND 10,000,000.

Best Regards!