Regulations on the deadline for public notification of defective products and goods

The Government 's Decree detailing a number of articles of the Law on Consumer Rights Protection stipulates that the time limit for public notification of defective products and goods is 3-5 days depending on the product group.

Market management officers inspect a cosmetics store. (Photo: Van Sy/VNA)

The Government issued Decree 55/2024/ND-CP detailing a number of articles of the Law on Consumer Protection; which clearly states the responsibilities of business organizations and individuals for defective products and goods.

Necessary measures to stop supplying defective products and goods

Decree providing necessary measures to stop supplying defective products and goods:

Unless otherwise provided by law, within 24 hours from the time of discovering a defective product or goods or receiving a request from a competent State management agency, business organizations and individuals must immediately take necessary measures to stop supplying defective products or goods to the market.

Business organizations and individuals must be responsible to consumers and the law for delays in stopping the supply of defective products and goods on the market.

Public announcement of recall of defective products and goods

In case the product or goods have defects in group A as prescribed in Point a, Clause 1 or Point c, Clause 1, Article 33 of the Law on Protection of Consumer Rights, within 3 working days from the time of discovering the defective product or goods or receiving a recall request from a competent State management agency, the business organization or individual must carry out public responsibilities and publicly announce the defective product or goods and the recall of such product or goods as prescribed in Point b and c, Clause 2, Article 33 of the Law on Protection of Consumer Rights.

Many types of violating goods were confiscated by the Market Management force for destruction. (Photo: Van Si/VNA)

In case the product or goods have defects in group B as prescribed in Point b, Clause 1, Article 33 of the Law on Protection of Consumer Rights, within 5 working days from the time of discovering the defective product or goods or receiving a recall request from a competent State management agency, the business organization or individual must publicly disclose the defective product or goods and recall the product or goods as prescribed in Point b, Clause 2, Article 33 of the Law on Protection of Consumer Rights.

In cases where the law has other provisions on the time limit for carrying out public disclosure responsibilities, public announcements of defective products and goods and the recall of such products and goods as prescribed in the above two clauses, business organizations and individuals shall carry out public disclosure, public announcements of defective products and goods and the recall of such products and goods within the time limit prescribed by other laws.

Clause 4, Article 3 of the Law on Consumer Protection clearly states : Defective products and goods are products and goods that do not ensure safety for consumers, are capable of causing damage to the life, health and property of consumers but the defect has not been detected at the time the product or goods are provided to consumers, although the product or goods are manufactured in accordance with current standards and technical regulations, including:

Products and mass-produced goods with defects arising from technical design;

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

Checking products and goods without adequate instructions and warnings for consumers. (Photo: Tran Viet/VNA)

Products and goods that pose potential safety risks during use but do not have adequate instructions or warnings for consumers.

Clause 1, Article 33 of the Law on Consumer Protection clearly states : defective products and goods include:

Products and goods with group A defects are products and goods that can cause damage to the life and health of consumers;

Products and goods with group B defects are products and goods that can cause damage to consumers' property;

Products and goods with defects that can cause damage to the life, health and property of consumers shall be subject to regulations for products and goods with group A defects./.

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