Law Amending Law on Product and Goods Quality, No. 78/2025/QH15

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ATTRIBUTE Law Amending Law on Product and Goods Quality

Law No. 78/2025/QH15 Amending and Supplementing a Number of Articles of the Law on Product and Goods Quality dated June 18, 2025 of the National Assembly
Issuing body: National Assembly of the Socialist Republic of VietnamEffective date:
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Official number:78/2025/QH15Signer:Tran Thanh Man
Type:LawExpiry date:Updating
Issuing date:18/06/2025Effect status:
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Fields:Commerce - Advertising , Enterprise , Export - Import , Industry
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THE NATIONAL ASSEMBLY

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 78/2025/QH15

 

 

 

LAW

Amending and Supplementing a Number of Articles of the Law on Product and Goods Quality[1]

 

Pursuant to the Constitution of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Resolution No. 203/2025/QH15;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 05/2007/QH12 on Product and Goods Quality, which has a number of articles amended and supplemented under Law No. 35/2018/QH14.

 

Article 1. To amend and supplement a number of articles of the Law on Product and Goods Quality

1. To amend and supplement Articles 1 thru 6; to add Articles 6a, 6b, 6c, 6d and 6dd below Article 6, as follows:

“Article 1. Scope of regulation

This Law provides measures for managing product and goods quality; the rights and obligations of organizations and individuals producing or trading in products and goods, and other organizations and individuals engaged in activities related to product and goods quality.

Article 2. Subjects of application

This Law applies to organizations and individuals producing or trading in products and goods, and other organizations and individuals engaged in activities related to product and goods quality in Vietnam.

Article 3. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Product means the output of a manufacturing or production process, or a non-physical output created from service activities.

2. Goods means products that are circulated on the market for consumption, use or business purposes.

3. Product and goods quality means the collection of characteristics of products and goods that meet relevant standards or technical regulations or management requirements as specified by relevant laws.

4. Management of product and goods quality means the organization and implementation of measures to control the compliance with standards or technical regulations or management requirements as prescribed by relevant laws.

5. Risks of products and goods means the possibility of occurrence of undesirable events during the processes of production, transportation, storage, preservation and use of products and goods, which are likely to adversely affect their quality, safety or conformity, thereby impacting the lawful rights and interests of consumers, enterprises and related parties.

6. Level of risks of products and goods means the possibility of occurrence of risks related to products and goods throughout their entire lifecycle, which is determined by the combination of the consequences arising when the products and goods fail to conform to declared applicable standards or relevant technical regulations or by the conformity with use purposes and the possibility of occurrence of risks in realities.

7. Inspection of product and goods quality means the consideration and evaluation by a competent state agency of the quality of products and goods during production, export, import, and circulation on the market.

8. Digital product passport is the collection of information on a product and its supply chain, which is stored in the form of barcodes or other suitable methods, or in an information database accessible via a hyperlink, ensuring interoperability or accessibility through compatible devices.

Article 4. Application of laws

The production, export, import and circulation of products and goods on the market in relation to product and goods quality must comply with this Law. In case a relevant law contains other provisions on quality management, the provisions of that law and the principles specified at Points a, b and dd, Clause 4, Article 5 of this Law shall apply.

Article 5. Principles for product and goods classification and management of product and goods quality 

1. Products and goods shall be classified according to risk levels and in conformity with international practices; product- and goods-related warnings issued by international organizations; and the management capacity of state agencies in each period.

2. Products and goods shall be classified into three categories below:

a/ Low-risk products and goods;

b/ Medium-risk products and goods;

c/ High-risk products and goods.

3. Risk assessment criteria include the level of impact on health and the environment, the controllability of the supply chain, and warnings from international organizations.

4. The management of product and goods quality must adhere to the following principles:

a/ The management of products and goods must ensure effectiveness, publicity, transparency, objectivity and conformity with risk levels; ensure non-discrimination on the grounds of goods origin and related entities; comply with international practices and avoid creating unnecessary technical barriers; and protect the rights of the State and lawful rights and interests of enterprises and consumers;

b/ For low-risk products and goods, relevant organizations and individuals shall themselves declare applicable standards;

c/ For medium-risk products and goods, relevant organizations and individuals shall themselves declare applicable standards and conduct assessment of conformity with relevant national technical regulations; or have the products’ and goods’ conformity with relevant national technical regulations certified by an accredited certification organization in accordance with the law on standards and technical regulations;

d/ For high-risk products and goods, relevant organizations and individuals shall themselves declare applicable standards and have the products’ and goods’ conformity with relevant national technical regulations certified by a designated certification organization in accordance with the law on standards and technical regulations;

dd/ Medium-risk and high-risk products and goods shall be managed under a list specifying relevant quality management requirements, clearly identifying whether the products and goods are subject to other management measures in accordance with relevant laws.

5. The Government shall detail this Article.

Article 6. The State's policies on product and goods quality-related activities

1. To encourage organizations and individuals to formulate and apply advanced standards to products and goods and to the management and administration of production, export, import and circulation; to create conditions for domestic and foreign organizations and individuals to invest and participate in conformity assessment activities.

2. To formulate national programs to improve productivity, quality and competitiveness of products and goods; to support, and enhance the capacity of, small- and medium-sized enterprises in the national quality infrastructure.

3. To invest in and develop the national quality infrastructure to meet the requirements for production, export, import and circulation, and state management of product and goods quality.

4. To conduct public communication about, and dissemination of, policies and laws on product and goods quality; to diversify and renew communication methods; to form a sense of producing, exporting, importing and circulating high-quality, energy-efficient and eco-friendly products and goods for the sake of consumers; to raise social awareness about consumption and build civilized consumption habits and sustainable development; to promote the role of the National Quality Award.

5. To promote international cooperation in product and goods quality to expand export markets; to prioritize the conclusion and encouragement of mutual recognition of conformity assessment results between Vietnam and international partners, thus avoiding unnecessary technical barriers, reducing compliance costs, and ensuring trade facilitation for Vietnamese goods in the international market.

6. To encourage and support enterprises to apply traceability systems and digital technologies to enhance transparency of information on the origin, production process, supply chains, and quality of products; to adopt certification mechanisms for supply chains that are capable of conducting independent and objective verification in conformity with international practices, thereby improving transparency in quality and traceability and preventing trade fraud.

Article 6a. Responsibilities for state management of product and goods quality

1. The Government shall perform the unified state management of product and goods quality nationwide.

2. The Ministry of Science and Technology shall act as the focal-point agency to take responsibility before the Government for performing the unified state management of product and goods quality under this Law.

3. Ministries and ministerial-level agencies shall, within the ambit of their tasks and powers, perform the state management of product and goods quality.

The Minister of National Defense and the Minister of Public Security shall, after exchanging and reaching consensus with the Minister of Science and Technology, specify the performance of state management of product and goods quality under their management in conformity with the requirements and tasks of national defense and security assurance.

The Minister of National Defense shall perform the state management of product and goods quality with regard to particular objects of the cipher sector.

4. People’s Committees at all levels shall perform the state management of product and goods quality in their localities.

5. The Government shall detail this Article.

Article 6b. The national quality infrastructure

1. The national quality infrastructure is an integral part of the socio-economic infrastructure, comprising organizations operating in the fields of standards, metrology, conformity assessment and accreditation, and relevant policies and regulations on standards, metrology and quality, contributing to enhancing national competitiveness in association with orientations for sustainable development and digital transformation.

2. The national quality infrastructure shall be developed in a concentrated, unified and modern manner toward international integration, based on digital technology, meeting the following requirements:

a/ To ensure uniformity and synchronism in standardization, metrology, conformity assessment and quality inspection activities from central to local levels;

b/ To connect, share and effectively use resources for developing the national quality infrastructure according to roadmap, with periodical evaluation and reporting. To carry out data sharing periodically and extraordinarily, ensuring completeness, promptness and accuracy to serve inspection, giving of warning and quality management nationwide;

c/ To develop organizations, expert networks and human resources in the fields of standardization, metrology and conformity assessment up to regional or international standards;

d/ To apply new technologies and form digital platforms in conformity assessment, to promote accreditation and mutual recognition of conformity assessment results between Vietnam and international partners;

dd/ To develop a national product and goods quality monitoring system which helps enterprises transparentize information on product and goods quality, management agencies proactively monitor and inspect, and the public participate in providing information on product and goods quality;

e/ To enhance international integration in conformity assessment and fully participate in regional and international accreditation forums and programs so as to support export and expand markets.

3. The State shall invest in and mobilize domestic and international resources to build the national quality infrastructure, develop strategic technology industrial products, products with new features, exported products, and products applying high technologies and enhance the capacity of Vietnamese enterprises to participate in global supply chains.

4. The State shall give priority to allocate the state budget and mobilize resources to establish a national product and goods quality monitoring system connected with customs data, quality inspection data, traceability information, consumer feedback and international warnings, ensuring the capacity of monitoring, giving early warnings, and promptly preventing products and goods that are unconformable to declared applicable standards or relevant technical regulations.

5. The Government shall detail this Article.

Article 6c. Support for building the capacity of enterprises in the national quality infrastructure

1. To honor and commend organizations, enterprises, state agencies and individuals with outstanding achievements in improving product and goods quality; to honor products and goods through product and goods quality awards.

2. Product and goods quality awards are specified as follows:

a/ Product and goods quality awards include the National Quality Award and product and goods quality awards of organizations and individuals;

b/ Conditions, criteria and procedures for consideration and grant of the National Quality Award shall be specified by the Government;

c/ Conditions, criteria and procedures for consideration and grant of product and goods quality awards of organizations and individuals shall be specified by the Minister of Science and Technology.

3. To support organizations and enterprises awarded the National Quality Award in accordance with law, specifically as follows:

a/ To provide financial support from the state budget through donation programs for research and development of products and technologies, and improvement of product quality;

b/ To facilitate the participation in international cooperation programs to expand export markets and enhance national brand values;

c/ To support the training and development of human resources in standards, metrology and conformity assessment;

d/ To support the formation and development of national brands through promotion of awarded products to increase market shares at home and abroad;

dd/ To support the development of eco-friendly products, green technology, and energy-saving solutions in production process.

4. To support organizations and small- and medium-sized enterprises participating in the National Program on Productivity and Quality Improvement in accordance with law, specifically as follows:

a/ To apply basic and sector-specific management systems and productivity and quality improvement tools; new management system standards; traceability systems; good agricultural practices, organic agriculture, green productivity, and smart production;

b/ To provide consultancy on, formulate, and apply, international standards; to carry out testing, assessment and certification of product and goods quality according to international standards; to carry out consultancy, testing and certification under international standards in the form of non-refundable donation.

5. The State shall cover part or the whole of testing expenses for national key export products conducted by internationally accredited testing laboratories; and provide support to cover expenses for standard- or regulation-conformity certification carried out under designation of state agencies in accordance with law.

6. The State shall support the provision of information on international and regional standards, connect with international standardization organizations, and promote mutual recognition of conformity assessment results for trade facilitation. The State shall create favorable conditions for enterprises to participate in the review of, and give opinions on, and engage in the modification and formulation of standards serving production and export, especially in sectors and fields in which standards are not available or new technologies are applied.

7. The Government shall detail this Article.

Article 6d. Traceability and transparency of product and goods supply chains

1. The traceability and transparency of product and goods supply chains must adhere to the principles of truthfulness and objectivity, ensuring authenticity and verifiability, avoiding hindering the circulation of goods, and conforming with the laws on customs, trade, taxation and trade remedies, and other relevant laws, and supporting competent agencies in verifying the origin, production process, composition and quality of products and goods in accordance with law.

2. For high-risk products and goods, traceability is mandatory and shall be determined by relevant ministries and ministerial-level agencies and implemented according to roadmap, ensuring feasibility and conformity with the capacity of enterprises and sector-specific development.

3. Organizations and individuals engaged in the production, export, import and circulation of products and goods are encouraged and supported to implement traceability measures in conformity with the scope and characteristics of their sectors, and production and business conditions.

Article 6dd. Application of technology in management of product and goods quality

1. To apply technology in management of product and goods quality so as to ensure information transparency, traceability, and data connection and sharing throughout the entire lifecycle of products and goods, meeting the requirements of digital economy and circular economy development, and international integration.

2. To encourage the application of technology in the standardization, metrology, conformity assessment, quality inspection and supervision, and management of product and goods information, covering:

a/ Managing supply chains through article number codes, barcodes, traceability systems, electronic labels and digital platforms;

b/ Collecting, storing and analyzing data to serve inspection, post-circulation inspection, inspection, giving of warnings and handling of violations;

c/ Applying digital product passport, e-label, and product traceability information in accordance with law and guidance of competent agencies;

d/ Applying artificial intelligence, big data and advanced digital technology in the standardization, metrology, conformity assessment, quality inspection and supervision, and management of product and goods information.

3. The State shall adopt policies to promote the application of technology and digital transformation in management of product and goods quality; and encourage organizations and individuals to invest in facilities, data infrastructure and human resource development serving the application of technology as specified in this Article.

4. The application of digital technology, e-label, article number code, barcode and traceability system must ensure data safety and confidentiality throughout the entire process of data collection, storage, processing and sharing; and comply with regulations on information confidentiality, privacy and data protection in accordance with law.

5. The Government shall detail this Article.”.

2. To amend and supplement a number of clauses of Article 8 as follows:

a/ To amend and supplement Clauses 9 and 10 as follows:

“9. Giving untruthful information or advertisement or committing fraudulent acts concerning the quality and origin of products and goods; trading in products and goods that fail to conform to declared applicable standards or relevant technical regulations, or have unclear origin, especially on e-transaction digital platforms, causing confusion or misleading consumers.

10. Concealing information on the risk level of products and goods, which is likely to affect human health, the safety of animals, plants, property or the environment.”;

b/ To add Clause 14 below Clause 13 as follows:

“14. Committing acts of unfair competition related to product and goods quality, causing confusion or damage to other organizations or individuals.”.

3. To amend and supplement the title, and a number of clauses, of Article 9 as follows:

a/ To amend and supplement the title of Article 9 as follows:

“Article 9. Rights of producers”;

b/ To amend and supplement Clause 3 as follows:

“3. To select conformity assessment organizations to assess the conformity with standards and technical regulations.”;

c/ To amend and supplement Clause 5 as follows:

“5. To request sellers to coordinate in recalling and handling goods that fail to conform to declared applicable standards and relevant technical regulations.”;

d/ To amend and supplement Clause 7 as follows:

“7. To be entitled to compensation as specified in Section 2, Chapter V of this Law and other relevant laws.”;

dd/ To add Clauses 8 and 9 below Clause 7 as follows:

“8. To have access to information, instructions, technical and financial support, and the State’s preferential policies related to standards, technical regulations, conformity assessment, and management of product and goods quality.

9. To apply solutions for traceability of products and goods in accordance with law.”.

4. To amend and supplement the title, and a number of clauses, of Article 10 as follows:

a/ To amend and supplement the title of Article 10 as follows:

“Article 10. Obligations of producers”;

b/ To amend and supplement Clause 1 as follows:

“1. To meet the conditions for ensuring the quality of products before circulation on the market as specified in Article 28 of this Law and take responsibility for the quality of the products they produce.”;

c/ To amend and supplement Clause 4 as follows:

“4. To give warnings about the products’ risk level and notify preventive methods to sellers and consumers.”;

d/ To amend and supplement Clause 7 as follows:

“7. To repair, exchange or recall defective products and goods, and refund money to consumers in accordance with the law on protection of consumer rights.”;

dd/ To amend and supplement Clause 8 as follows:

“8. To promptly stop production, notify thereof to related parties and take remedial measures when detecting that products and goods do not conform to declared applicable standards or relevant technical regulations.”;

e/ To amend and supplement Clause 10 as follows:

“10. To pay compensation as specified in Section 2, Chapter V of this Law and other relevant laws.”;

g/ To amend and supplement Clause 12 as follows:

“12. To pay expenses for testing, and standard- or regulation-conformity certification as specified in Article 23a of this Law; expenses for sample taking and testing as specified in Article 47 of this Law; and expenses for sample taking, testing and assessment as specified Article 58 of this Law.”;

h/ To add Clauses 14, 15 and 16 below Clause 13 as follows:

“14. To update and provide information on product and goods quality in accordance with law or upon request of competent agencies.

15. To establish and operate a system for receiving information and paying compensation in case products do not conform to declared applicable standards or relevant technical regulations, causing harm to consumers, in conformity with their operation scope and conditions, ensuring accessibility, and equal and prompt settlement.

16. To archive dossiers and provide information on quality and conformity assessment results upon request of competent agencies.”.

5. To amend and supplement the title, and a number of clauses, of Article 11 as follows:

a/ To amend and supplement the title of Article 11 as follows:

“Article 11. Rights of importers”;

b/ To amend and supplement Clauses 2 and 3 as follows:

“2. To request exporters to provide goods of proper quality as agreed upon in contracts.

3. To select conformity assessment organizations to conduct conformity with standards and technical regulations for the goods they import.”;

c/ To amend and supplement Clause 6 as follows:

6. To request sellers to coordinate in recalling and handling goods that do not conform to declared applicable standards or relevant technical regulations.”;

d/ To amend and supplement Clause 8 as follows:

“8. To be entitled to compensation as specified in Section 2, Chapter V of this Law and other relevant laws.”;

dd/ To add Clauses 9 and 10 below Clause 8 as follows:

“9. To have access to information, instructions, technical support and the State’s preferential policies related to import, conformity assessment, goods labeling and conformity with product and goods quality regulations.

10. To be provided with or search treacibility information on the products and goods they import via databases provided by exporting countries or conformity assessment organizations so as to meet the requirements of publicity, transparancy and quality supervision.”.

6. To amend and supplement the title, and a number of clauses, of Article 12 as follows:

a/ To amend and supplement the title of Article 12 as follows:

“Article 12. Obligations of importers”;

b/ To amend and supplement Clauses 2 and 3 as follows:

“2. To take responsibility for the quality and labeling of goods, and archive import dossers of the goods they import in accordance with law; to provide complete and truthful documents related to goods quality to sellers in accordance with law so as to serve the traceability, market supervision and protection of consumer rights.

3. To supply truthful information on the quality and origin of products and goods.”;

c/ To amend and supplement Clauses 6, 7, 8 and 9 as follows:

“6. To give warnings about risk levels of products and/or goods to sellers and consumers and notify them of preventive measures.

7. To provide information on warranty and provide warranty services for sellers and consumers.

8. To repair, exchange or recall defective products and goods and refund money for consumers in accordance with the law on protection of consumer rights.

9. To promptly stop the import, notify thereof to related parties and take remedial measures when detecting that the goods do not conform to declared applicable standards or relevant technical regulations.”;

d/ To amend and supplement Clause 11 as follows:

“11. To destroy, reprocess or repurpose imported goods that do not conform to relevant technical regulations but cannot be re-exported; to bear all expenses for goods destruction, reprocessing and repurposing, and be liable for the consequences thereof in accordance with law.”;

dd/ To amend and supplement Clause 13 as follows:

“13. To pay compensation as specified in Section 2, Chapter V of this Law and other relevant laws.”;

e/ To amend and supplement Clause 15; to add Clauses 16, 17 and 18 below Clause 15, as follows:

“15. To pay expenses for sample taking and testing as specified in Article 47 of this Law; and expenses for sample taking, testing and assessment as specified in Article 58 of this Law.

16. To coordinate with competent state agencies in risk assessment, supervision and early warning of medium-risk and high-risk imported goods that either fail to conform to technical regulations or violate the law on protection of consumer rights.

17. To publicize contact information and systems for receiving feedback on the quality of imported goods; to coordinate in settling complaints and disputes related to the quality of imported goods.

18. To establish and operate systems for receiving information and paying compensation in case products do not conform to declared applicable standards or relevant technical regulations, causing harm to consumers, in conformity with their operation scope and conditions, ensuring accessibility and equal and prompt settlement.

7. To amend and supplement the title, and a number of clauses, of Article 13 as follows:

a/ To amend and supplement the title of Article 13 as follows:

“Article 13. Rights of exporters”;

b/ To amend and supplement Clause 7 as follows:

“7. To be entitled to compensation as specified in Section 2, Chapter V of this Law and other relevant laws.”;

c/ To add Clauses 8 and 9 below Clause 7 as follows:

“8. To have access to information, instructions, technical and financial support, and the State’s preferential policies related to standards, conformity assessment, traceability and conditions for quality of imported goods. 

9. To use conformity assessment results provided by domestic or foreign organizations in case these results have been recognized or mutually recognized under treaties or international agreements to which Vietnam is a contracting party in accordance with the law on standards and technical regulations.”.

8. To amend and supplement the title, and a number of clauses, of Article 14 as follows:

a/ To amend and supplement the title of Article 14 as follows:

“Article 14. Obligations of exporters”;

b/ To amend and supplement Clause 4; to add Clauses 5, 6 and 7 below Clause 4, as follows:

“4. To pay expenses for testing and standard- or regulation-conformity certification as specified in Article 23a of this Law; expenses for sample taking and testing as specified in Article 47 of this Law, and expenses for sample taking, testing and assessment as specified in Article 58 of this Law.

5. To provide complete and truthful information on applicable standards and the traceability of goods to importers upon request of authorities of importing countries in accordance with the laws of importing countries.

6. To comply with the laws of importing countries, commercial contracts or relevant treaties to which the Socialist Republic of Vietnam is a contracting party.

7. To carry out traceability of exported goods upon request of importing countries.”

9. To amend and supplement the title, and a number of clauses, of Article 15 as follows:

a/ To amend and supplement the title of Article 15 as follows:

“Article 15. Rights of sellers”;

b/ To amend and supplement Clause 6 as follows:

“6. To be entitled to compensations as specified in Section 2, Chapter V of this Law and other relevant laws.”;

c/ To add Clause 7 and Clause 8 below Clause 6 as follows:

“7. To have access to traceability information and data of product and goods quality from producers, importers or electronic information systems in accordance with law, so as to serve goods selling and provide transparent information to consumers.

8. To be provided with instructions and technical support from producers and importers in the inspection, preservation, transport, provision of information, and fulfillment of obligations related to product and goods quality.”.

10. To amend and supplement the title, and a number of clauses, of Article 16 as follows:

a/ To amend and supplement the title of Article 16 as follows:

“Article 16. Obligations of sellers”;

b/ To amend and supplement Clause 1 as follows:

“1. To meet the conditions for ensuring the quality of goods circulated on the market as specified in Article 34a of this Law and take responsibility for goods quality.”;

c/ To amend and supplement Clause 3 as follows:

“3. To provide truthful information on the quality and origin of products and goods.”;

d/ To amend and supplement Clauses 7, 8 and 9 as follows:

“7. To provide documents and information on goods subject to inspection to product and goods quality inspection teams and agencies.

8. To promptly provide purchasers with information on the medium and high risk levels of products and goods and preventive measures when receiving warnings from producers or importers.

9. To promptly stop selling goods and notifying thereof to producers, importers and purchasers when detecting products and goods that do not conform to declared applicable standards or relevant technical regulations or provisions on management of product and goods quality specified in other laws.”;

dd/ To amend and supplement Clauses 11 and 12 as follows:

“11. To coordinate with producers and importers in recalling and handling products and goods that do not conform to declared applicable standards or relevant technical regulations or provisions on management of product and goods quality specified in other laws.

12. To pay compensation as specified in Section 2, Chapter V of this Law and other relevant laws.”;

e/ To amend and supplement Clause 14; to add Clauses 15, 16, 17, 18 and 19 below Clause 14, as follows:

“14. To pay expenses for sample taking and testing as specified in Article 23a of this Law, and expenses for sample taking, testing and assessment as specified in Article 58 of this Law.

15. To comply with the law on e-commerce and the law on product and goods quality when selling them on e-transaction digital platforms.

16. To inspect and verify product and goods information posted on the e-transaction digital platforms they manage or use in accordance with the law on product and goods quality and the law on goods labels and traceability.

17. To establish and maintain the system for receiving feedback of and complaints about product and goods quality; to coordinate with producers and importers for prompt handling in accordance with law.

18. To promptly stop selling products and goods that have been identified by competent state agencies as unconformable to declared applicable standards or relevant technical regulations or that are to be recalled or suspended from circulation on the market under decisions of competent state agencies.

19. To establish a mechanism for receiving and settling compensation claims in case products and goods do not conform to standards or technical regulations, posing safety risks to consumers, in conformity with their operation scope and conditions, ensuring accessibility, and equal and prompt settlement.”.

11. To amend and supplement the title of Section 2, Chapter II as follows:

“Section 2

RIGHTS AND OBLIGATIONS OF CONSUMERS, SOCIAL ORGANIZATIONS ENGAGED IN PROTECTION OF CONSUMER RIGHTS AND SOCIO-PROFESSIONAL ORGANIZATIONS”.

12. To amend and supplement a number of clauses of Article 17 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. To be provided with truthful information on the safety and quality of products and goods and instructions on transportation, storage, preservation and use; to be provided with information on organizations and individuals engaged in the production, export, import or circulation of products and goods on the market.”;

b/ To amend and supplement Clauses 4 and 5 as follows:

“4. To be entitled to compensation as specified in Section 2, Chapter V of this Law and other relevant laws.

5. To request organizations and individuals engaged in the production, export, import or circulation of products and goods on the market to fulfill the obligation of protection of consumer rights in accordance with the law on protection of consumer rights.”;

c/ To add Clauses 7, 8, 9 and 10 below Clause 6 as follows:

“7. To trace, look up and verify complete and transparent information on the quality, origin, applicable standards, and conformity assessment results of products and goods through product labels, e-labels, article number codes, barcodes, or other appropriate means.

8. To have access to and use systems for recceiving feedback and complaints by online or in-person method provided by organizations and individuals engaged in the production, export, import or circulation of products and goods on the market, state agencies, or social organizations engaged in protection of consumer rights.

9. To have access to warning information on products and goods that do not conform to declared standards or relevant technical regulations, posing potential risks to human health, property or the environment, as provided by state agencies, organizations and individuals engaged in the production, export, import or circulation of products and goods on the market.

10. To exercise other rights in accordance with the laws on protection of consumers’ rights, e-transactions, and e-commerce, and other relevant laws.”

13. To amend and supplement Article 18 as follows:

“Article 18. Obligations of consumers

1. To use products and goods for proper purposes according to technical instructions; not to cause harm or adversely affect the safety, health, environment, or the interests of other organizations or individuals.

2. To inspect products and goods before receiving them; to promptly notify to sellers upon detection of abnormal signs.

3. To comply with regulations on preservation, use, operation and conditions for warranty or maintenance of products and goods.

4. To coordinate with organizations and individuals engaged in the production, export, import and circulation of products and goods on the market and competent agencies in recalling and handling unsafe products and goods and products and goods that are unconformable to declared applicable standards, relevant technical regulations, or other relevant laws on management of product and goods quality.

5. To perform other obligations in accordance with the laws on protection of consumer rights, e-transactions and e-commerce and other relevant laws.”.

14. To amend and supplement Articles 21 and 22 as follows:

“Article 21. Rights and obligations of socio-professional organizations

1. Rights of socio-professional organizations:

a/ To organize the training and further training in the methods of management of product and goods quality;

b/ To contribute opinions on the fomulation of legal documents on product and goods quality;

c/ To carry out social criticism in the field of management of product and goods quality;

d/ To lodge complaints and initiate lawsuits concerning disputes over product and goods quality in order to protect lawful rights and interests of their members;

dd/ To participate in supervising the implementation of policies and laws on product and goods quality; to report to competent agencies shortcomings in implementation or violations committed by related organizations and individuals.

2. Obligations of socio-professional organizations:

a/ To organize public communication about and dissemination of the law on product and goods quality to organizations and individuals engaged in the production, export, import and circulation of products and goods on the market; to mobilize relevant entities to produce and trade in energy-efficient and eco-friendly goods up to quality standards for the sake of consumers;

b/ To support, raise the awareness of, and encourage organizations and individuals to comply with the law on product and goods quality;

c/ To participate in implementation of programs and projects on improvement of productivity and quality and development of the national quality infrastructure as assigned by competent state agencies.

Article 22. Rights and obligations of social organizations engaged in protection of consumer rights

1. Rights of social organizations engaged in protection of consumer rights:

a/ To represent consumers in protecting their lawful rights and interests when receiving complaints or reports on products’ and goods’ inconformity to declared applicable standards, relevant technical regulations, information indicated on their labels or contractual commitments on product and goods quality;

b/ To coordinate with state management agencies in charge of product and goods quality in providing information, reports or early warnings on products and goods showing signs of violating standards or technical regulations, or labeling regulations or posing risks of affecting human heath, property, animals, plants or the environment; to participate in independent surveys and quality testing of products and goods circulated on the market or on e-transaction digital platforms; to coordinate in post-licensing inspection, traceability and risk assessment to serve inspection, examination, and handling of violations.

2. Obligations of social organizations engaged in protection of consumer rights

a/ To ensure the objectivity, truthfulness and transparency when making survey, reporting and testing and coordinating in inspection of product and goods quality;

b/ To completely and promptly share information with competent state management agencies when detecting signs of violation or risks of causing harm to consumers.”.

15. To amend and supplement the title of Chapter III as follows:

“Chapter III

MANAGEMENT OF PRODUCT AND GOODS QUALITY IN THE PRODUCTION, EXPORT, IMPORT AND MARKET CIRCULATION PROCESSES AND ON E-TRANSACTION DIGITAL PLATFORMS”.

16. To amend and supplement Article 23; to add Articles 23a and 23b below Article 23, as follows:

“Article 23. Declaration of applicable standards, declaration of standard conformity, and declaration of technical regulation conformity

1. Producers and importers shall declare applicable standards in accordance with the law on standards and technical regulations.

2. Information on the applicable standards shall be displayed:

a/ On the goods;

b/ On the goods’ packaging;

c/ On the goods’ labels;

d/ In documents accompanying the products or goods.

3. The standard conformity declaration and technical regulation conformity declaration must comply with the law on standards and technical regulations.

Article 23a. Expenses for testing, standard conformity certification and technical regulation conformity certification

1. Producers shall pay the expenses for testing, standard conformity certification and technical regulation conformity certification as agreed upon with testing laboratories and standard and technical regulation conformity certification organizations. Testing laboratories and certification organizations shall make public expenses for testing, standard conformity certification and technical regulation conformity certification.

2. In case products and goods are outcomes of the State-supported programs or projects, the payment of expenses for testing, standard conformity certification and technical regulation conformity certification must comply with the financial mechanisms and instructions of state management agencies.

Article 23b. Designation of conformity assessment organizations and recognition of conformity assessment results

1. Designated conformity assessment organization is a conformity assessment organization that is qualified for operation in accordance with the law on standards and technical regulations and satisfies the following conditions:

a/ Having its management system accredited as conforming to relevant national standards or international standards in accordance with law;

b/ Having proficiency testing or inter-laboratory comparison results meeting the requirements of the testing method applied to the products or goods registered for designation, for testing laboratories;

c/ Having registered for designation activities with competent state agencies in accordance with law.

2. The designation of a conformity assessment organization shall be based on the evaluation of the completeness and validity of its dossier, technical capacity, and capability to maintain the conditions specified in Clause 1 of this Article and the demand of the state management work in each period.

3. Ministries and ministerial-level agencies shall decide on the designation and publicize the list of designated conformity assessment organizations on the National Database on Standards, Metrology and Quality and periodically update the Database to ensure its transparency.

4. Designated conformity assessment organizations shall submit to scheduled or unscheduled inspections and supervisions of state agencies to ensure the maintenance of the satisfaction of their operating conditions and the quality of their assessment results.

5. In case a designated conformity assessment organization commits a violation of law, it shall, depending on the severity of the violation, be handled in accordance with law.

Ministries and ministerial-level agencies shall consider and decide on the revocation of designation decisions in case conformity assessment organizations violate regulations on designated conformity assessment activities.

6. The State shall encourage conformity assessment organizations to participate in activities serving state management. The designation of conformity assessment organizations must adhere to the principles of transparency, avoiding overlaps and competition, and ensuring quality and management efficiency.

7. Ministries and ministerial-level agencies shall prioritize considering and using the assessment and inspection results of other agencies when evaluating conformity assessment organizations that register for designation activities, ensuring transparency, avoiding overlaps, and ensuring compliance with relevant laws.

8. Regulations on mutual recognition agreements and unilateral recognition of conformity assessment results serving the state management must comply with the law on standards and technical regulations.

9. The Government shall detail this Article.”.

17. To amend and supplement Article 28 as follows:

“Article 28. Ensuring the quality of products in the production process before circulation on the market

1. Producers shall comply with the requirements on management of the quality of products in the production process as follows:

a/ To apply suitable quality management systems in accordance with law to control the production process, ensuring that their products conform to declared applicable standards, relevant technical regulations and other relevant laws;

b/ To declare applicable standards as specified in Article 23 of this Law; to carry out goods labeling, affix e-labels or digital product passports; to display information on product traceability, article number codes and barcodes in accordance with the law on product labels and traceability;

c/ To comply with technical regulations related to the production process;

d/ To declare technical regulation conformity in accordance with the law on standards and technical regulations for medium-risk and high-risk products and goods;

dd/ To archive dossiers and documents on product quality and conformity assessment results, dossiers on technical regulation conformity declaration and standard conformity declaration in accordance with law to serve product traceability and post-circulation inspection.

2. For small-scale production establishments, the assurance of product quality must comply with regulations and instructions of relevant ministries and ministerial-level agencies, on the basis of conforming with the industries’ scales and characteristics and risk management requirements, ensuring safety for consumers and the environment.”.

18. To amend and supplement Articles 32 and 33 as follows:

“Article 32. Ensuring the quality of exported goods

Exporters must ensure that exported goods conform to regulations of importing countries, contracts or treaties or international agreements on mutual recognition of conformity assessment results with related countries or territories.

Article 33. Measures for handling exported goods which do not meet export conditions

For goods which do not meet quality requirements for export specified in Article 32 of this Law, and therefore, cannot be exported or are returned, product and goods quality inspection agencies shall, depending on the nature and severity of the violations, apply one of the following handling measures:

1. Taking measures to inspect product quality in the production process based on the contents specified in Article 46 of this Law; and proceeding with the procedures prescribed by the Government for exported goods unconformable to the declared applicable standards or relevant technical regulations, affecting the national interests and prestige;

2. Permitting the circulation of the goods on the market if their quality conforms to relevant standards and technical regulations of Vietnam or meets other management requirements of relevant laws;

3. Requesting the producers to take remedial measures or repair the goods to ensure that the goods meet requirements in relevant technical regulations or management requirements of relevant laws if they are to be exported or circulated on the Vietnamese market;

4. Proposing competent state agencies to issue destruction decisions for goods that do not conform to technical regulations and other relevant laws, and cannot be remedied or repaired.”.

19. To amend and supplement Article 34; to add Articles 34a and 34b below Article 34, as follows:

“Article 34. Ensuring the quality of imported goods

1. Before being circulated on the market, imported goods must satisfy the following conditions:

a/ Having their applicable standards declared under Article 23 of this Law;

b/ Being labeled in accordance with law, including physical labeling, affixing e-labels or digital product passports; displaying information on article number codes, barcodes and traceability in accordance with the law on goods labels and traceability.

2. Technical regulation conformity declaration shall be carried out in accordance with the law on standards and technical regulations for medium-risk imported goods based on the results of self-assessment of conformity or results of certification of conformity with the relevant national technical regulations conducted by accredited certification organizations before imported goods are circulated on the market, or other management requirements of relevant laws. In case the imported goods do not conform to technical regulations or declared applicable standards, the importers shall promptly report thereon to the competent agencies and, at the same time, handle and recall the goods in accordance with law.

In case an organization/individual imports medium-risk goods for which technical regulation conformity declaration has been conducted, it is not required to re-carry out the technical regulation conformity declaration for shipments of goods of the same type, unless there is a change in the relevant national technical regulations or the product characteristics as announced by the producer, or a risk warning from the competent agency of Vietnam.

3. The registration for quality inspection of imported high-risk goods shall be carried out on the Vietnam National Single Window.

4. For imported goods originating in countries and territories that are warned of having high quality risks or organizations and individuals with a history of repeated violations of regulations on product and goods quality, the frequency of quality inspection shall be increased in accordance with law.

5. Inspection agencies shall monitor, supervise and issue warnings about violations related to the quality of imported goods.

6. The Government shall detail this Article; specify the order and procedures for inspection; exemption or reduction of inspection; and handling of violations during the inspection of quality of imported medium-risk and high-risk imported goods.

Article 34a. Ensuring the quality of goods circulated on the market

1. Goods circulated on the market must meet the following conditions:

a/ Conforming to relevant technical regulations or internal control measures to maintain their quality during the transportation, storage, preservation and distribution processes;

b/ Being physically labeled or affixed with e-labels or digital product passports; having information on article number codes, barcodes and traceability and information on product and goods quality in accordance with law;

c/ Being updated on the electronic data systems for traceability and post-circulation inspection according to the competent state agencies’ instructions.

2. Goods sellers shall ensure that the quality of the goods they supply is conformable to the declared applicable standards or relevant technical regulations and submit to the quality inspection of goods circulated on the market as specified in Article 45 of this Law.

3. Goods circulated on the market must have their quality conform to the declared applicable standards or relevant technical regulations and be subject to quality inspection as specified in Article 45 of this Law.

4. The cross-border trading and exchange of goods by border residents for circulation in the domestic market must meet at least the following requirements:

a/ Ensuring the quality and safety, and refraining from affecting human health, the environment and consumer rights in accordance with relevant laws;

b/ Ensuring transparency, authenticity, verifiability and conformity with international practices, refraining from creating unnecessary trade barriers;

c/ Ministries and ministerial-level agencies shall guide border residents in stating information about goods, declaring goods origin, and fulfilling obligations related to goods quality; organize inspections and post-circulation inspections, and carry out risk monitoring in cross-border trading and exchange of goods in conformity with the product characteristics and actual conditions in the border areas.

5. The Government shall detail Clauses 1, 2 and 3 of this Article; and specify the order and procedures for inspection, and handling of violations related to the quality of goods circulated on the market.

Article 34b. Ensuring the quality of goods traded on digital e-transaction platforms

1. Goods traded on e-transaction digital platforms must comply with Clauses 1 and 2, Article 34a of this Law.

2. Sellers shall provide sufficient information on the quality of products and goods on e-transaction digital platforms, including:

a/ Name of goods, origin, name of the producer or importer responsible for the goods quality;

b/ Standard conformity mark or technical regulation conformity mark in accordance with law;

c/ Use instructions and safety warnings (if any);

d/ Other information in accordance with relevant laws.

3. Responsibilities of owners of intermediary digital e-transaction platforms:

a/ To request organizations and individuals having goods sold on intermediary digital e-transaction platforms to provide information as specified in Clause 2 of this Article;

b/ To take measures to inspect and handle goods that violate the law on goods quality upon detection or upon request of competent state management agencies;

c/ To establish and operate a system for receipt and settlement of consumers’ feedback and complaints related to product and goods quality;

d/ To coordinate with competent agencies in inspecting, verifying, and handling violations related to product and goods quality;

dd/ To comply with the law on e-transactions, the law on e-commerce and other relevant laws.

4. The owners of e-transaction digital platforms shall comply with the law on e-transactions, the law on e-commerce and other relevant laws.”.

20. To amend and supplement Chapter IV as follows:

“Chapter IV

QUALITY INSPECTION OF PRODUCTS AND GOODS

Article 45. Quality inspection of products and goods

1. The quality inspection of products and goods must adhere to the principles of risk management, increasing targeted post-circulation inspection on the basis of data analysis, traceability and information on the National Database on Standards, Metrology and Quality. It is encouraged to apply digital technology and smart systems in selecting inspection subjects and methods.

2. Scope of quality inspection of products and goods:

a/ Inspection during the production process of the compliance with Article 28 of this Law;

b/ Inspection during the import and market circulation processes of the compliance with Articles 34, 34a and 34b of this Law;

c/ Quality inspection of goods shall not be applied to exported goods, unless it is required by importing countries or relevant treaties or other laws.

3. Product and goods quality inSpection agencies include state agencies under ministries or ministerial-level agencies, and specialized agencies under provincial-level People’s Committees that are assigned or decentralized to perform the state inspection tasks in accordance with law. The assignment, decentralization and coordination in inspection must comply with Article 48 of this Law.

4. Inspection methods shall be carried out directly or indirectly based on available data on the risk levels of products and goods, and information on traceability of origin, article number codes, barcodes, certificates of standard conformity, certificates of technical regulation conformity and data from the quality management systems that are recognized or connected to state management agencies, in combination with warnings of violations related to product and goods quality.

5. When necessary, product and goods quality inspection agencies shall conduct sample testing according to the declared applicable standards or relevant technical regulations to verify the quality of products and goods in accordance with law.

6. The exemption or reduction of quality inspection shall be applied to products and goods that have been granted standard conformity certificates or technical regulation conformity certificates, have their conformity with standards or technical regulations declared, or have been certified as applying advanced management systems in conformity with international standards or regional standards under the Government’s regulations.

7. For high-risk products or goods, product and goods quality inspection agencies shall take samples on a scheduled basis or an unscheduled basis at appropriate locations according to management requirements to strengthen inspection of such products or goods.

8. Product and goods quality inspection agencies shall coordinate and share data with related parties to ensure consistency, avoid overlaps and improve the effectiveness of management of product and goods quality.

9. Based on the inspection requirements, product and goods quality inspection agencies shall decide to establish an inspection team. Members of the inspection team include quality controllers and related cadres, civil servants, public employees and technical experts. An inspection team shall operate according to the approved plan and take responsibility before law for its conclusions, recommendations and inspection minutes.

10. Product and goods quality inspection agencies shall organize surveys of goods quality to collect and analyze actual information on the quality of goods circulated on the market, serving risk warnings and providing grounds for targeted inspections.

11. The Government shall specify the contents, order and procedures for product and goods quality inspection, activities of inspection teams and surveys of goods quality.

Article 46. Product quality inspection in the production process

1. The product quality inspection in the production process shall be carried out to promptly detect and prevent products that do not conform to the declared applicable standards or relevant technical regulations before they are circulated on the market.

2. Product and goods quality inspection agencies shall conduct scheduled and unscheduled inspections. The selection of inspection subjects and contents shall be based on at least one of the following information:

a/ Analysis of risks, levels of a product’s impact on health and safety and the environment;

b/ Results of the analysis and processing of data from the warning system, and consumers’ feedback and complaints; traceability data, and conformity assessment dossiers;

c/ Information and warnings from state agencies, social organizations participating in protecting consumer rights, socio-professional organizations, conformity assessment organizations and other social supervision channels.

3. The quality inspection in the production process shall be carried out independently from inspection activities of enterprises and the inspection results shall serve as a basis for application of several of the following measures:

a/ Requesting organizations and individuals to remedy violations and recall non-conforming products;

b/ Issuing decisions on handling of administrative violations in accordance with law, if violations are detected;

c/ Issuing warnings to consumers or publicizing information if products affect public safety and community well-being;

d/ Requesting transfer of violation files to competent agencies for handling in accordance with relevant laws.

4. The inspection must ensure objectivity, publicity and transparency without hindering the production and business activities of enterprises. Inspection contents, processes and methods shall be uniformly specified with the application of digital technology in the collection, storage and exploitation of data for inspection purposes.

5. The Government shall specify the contents, order and procedures for  product quality inspection in the production process and the handling of violations arising during product quality inspection in the production process.

Article 47. Expenses for conformity assessment serving quality inspection of products and goods

1. For imported goods:

a/ Importers shall pay expenses for testing and certification as agreed upon with testing laboratories and certification organizations. Testing laboratories and certification organizations shall publicize testing expenses and certification expenses;

b/ In case imported goods are eligible for exemption or reduction of quality inspection under the State’s support programs, the payment of expenses shall be made according to the financial mechanism guided by competent agencies.

2. Expenses for sample taking and testing serving quality inspection and settlement of complaints and denunciations about product and goods quality:

a/ Expenses for taking samples and testing for quality inspection of products in the production and market circulation processes shall be paid by the product and goods quality inspection agencies and included in their operating budget estimates;

b/ In case producers or sellers violate regulations on product and goods quality as concluded by the product and goods quality inspection agencies, they shall have to refund the expenses for taking samples and testing the quality of products and goods to the product and goods quality inspection agencies;

c/ In case a complainant or denouncer makes an incorrect accusation about the quality of a product or goods as concluded by the product and goods quality inspection agency, the complainant or denouncer must refund the expenses for taking samples and testing of the quality of the product or goods to the product and goods quality inspection agency.

Article 48. Assignment, decentralization of responsibilities and coordination in product and goods quality inspection

1. Product and goods quality inspection agencies under ministries, ministerial-level agencies and the Government Cipher Committee shall conduct quality inspections of products in the production, export, import and market circulation processes within the scope of their assigned management under the Government’s regulations.

2. Product and goods quality inspection agencies under provincial-level People’s Committees shall conduct product and goods quality inspections as decentralized; and coordinate with ministries and ministerial-level agencies in the quality inspection of products and goods in accordance with law.

3. Product and goods quality inspection agencies specified in Clauses 1 and 2 of this Article shall:

a/ Coordinate in inspecting, and handling violations in the process of performing quality inspection tasks;

b/ Update and share inspection data on the National Product and Goods Quality Monitoring System;

c/ Avoid overlaps in inspection activities for the same type of products and goods.

4. The quality inspection of products and goods must adhere to the principle of risk level-based classification, ensuring transparency, consistency and effectiveness while facilitating production, export, import and market circulation.

5. Commune-level People’s Committee shall coordinate with the market surveillance forces and product and goods quality inspection agencies at all levels to inspect the quality of products and goods circulated on the market; detect, record initial information and forward such information to competent agencies when detecting signs of violations related to product and goods quality; organize public communication about, and issue public warnings in the localities under their management for medium-risks and high-risk products and goods or products and goods showing signs of violations concerning product and goods quality.

6. The Government shall specify the mechanism for coordination in, and establishment and sharing of data and operation of the National Product and Goods Quality Monitoring System.

Article 49. Quality controllers

1. Quality controllers are civil servants, public employees and officers in the people’s armed forces who perform the task of inspecting the quality of products and goods in accordance with this Law and other relevant laws.

2. The Government shall detail this Article.”.

21. To amend and supplement Article 54 and add Article 54a below Article 54 as follows:

“Article 54. Disputes over product and goods quality and forms of settlement of disputes

1. Disputes over product and goods quality include:

a/ Disputes between purchasers and importers/sellers, or between traders, arising from products’ or goods’ non-conformity with declared applicable standards, relevant technical regulations, or contractual agreements on product or goods quality.

2. Disputes between producers/traders and consumers and related parties, arising from products’ or goods’ non-conformity with declared applicable standards or relevant technical regulations, which cause damage to humans, animals, plants, assets or the environment.

2. Forms of settlement of disputes over product and goods quality include:

a/ Negotiation between the disputing parties;

b/ Mediation between the parties by an agency, organization or individual selected to act as the intermediary under the agreement of the parties;

c/ Resolution by arbitration or court in accordance with the law on arbitration proceedings or civil procedures.”.

Article 54a. Initiating lawsuits to protect consumers and giving warnings of violations

1. Social organizations participating in consumer protection have the right to initiate civil lawsuits to protect the common interests of consumers when products and goods do not conform to the declared applicable standards or relevant technical regulations, causing damage to consumers, in accordance with law.

2. Dispute settlement agencies shall provide information and documents related to acts of violating regulations on product and goods quality to the product and goods quality inspection agencies and competent state management agencies for timely inspection, handling, and warning of risks in accordance with law.”.

22. To amend and supplement Clause 1, Article 56 as follows:

 “1. The statute of limitations for initiating a lawsuit related to product and goods quality between a purchaser and a seller must comply with the Civil Code..

23. To amend and supplement Articles 61 and 62 as follows:

“Article 61. Compensation liability

1. Producers or importers shall pay compensation to sellers or consumers when their goods cause damage to the latter due to their non-conformity with the declared applicable standards or relevant technical regulations, except the cases specified in Clause 1, Article 62 of this Law. Compensation shall be paid under the agreement between involved parties or court rulings or arbitral awards.

2. Sellers shall pay compensation to purchasers or consumers for damage caused by their failure to ensure the products’ or goods’ conformity with the declared applicable standards or relevant technical regulations, except the cases specified in Clause 2, Article 62 of this Law. Compensation shall be paid under the agreement between involved parties or court rulings or arbitral awards.

Article 62. Cases in which compensation is not required

1. Producers and importers are not required to pay compensation if they are proved to fall into one of the following cases:

a/ The damage is caused due to consumers’ intentional use of expired products or goods or use of products or goods despite having been clearly warned about the risk levels of the products or goods;

b/ The statute of limitations for filing of complaints or initiation of lawsuits has expired in accordance with law;

c/ It is proven that the defect of the product or goods could not be detected with the level of science and technology at the time the product or goods caused damage, and the consumer had fully received information about the defective product or goods causing damage but still intentionally used it;

d/ The damage is caused at the seller’s or consumer’s fault.

2. Sellers are not required to pay compensation in the following cases:

a/ Damage is caused by consumers’ intentional use of expired products or goods or use of products or goods despite having been clearly warned about the risk levels of the products or goods;

b/ The statute of limitations for filing of complaints or initiation of lawsuits has expired;

c/ The goods are defective because the producers or importers comply with compulsory regulations of competent state agencies at the time of production or import;

d/ The damage is caused at the consumer’s fault.

3. Other cases in accordance with the law on protection of consumer rights and other relevant laws..

24. To amend and supplement Clauses 2 and 3, Article 66 as follows:

“2. Organizations violating the law on product and goods quality shall, depending on the nature and severity of their violations, be administratively sanctioned or examined for penal liability. If causing damage, they shall pay compensation in accordance with law. The list of organizations and individuals violating regulations on goods quality shall be publicized on the National Database on Standards, Metrology and Quality and in the mass media to give warnings to the society and protect consumer rights.

3. The fine level imposed on the administrative violations specified in Clauses 1 and 2 of this Article must be at least equal to, and not exceed five times, the value of the products or goods in violation; the proceeds from the violations shall be confiscated in accordance with law.”.

25. To annul Article 7; Clause 4, Article 13; Clauses 2 and 3, Article 17; Articles 19, 20, 24, 25, 26, 27, 29, 30, 31, 35, 36, 37 and 55; to annul the title of Section 3, Chapter II; to annul Sections 5 and 6, Chapter III; Section 3, Chapter V; and Chapter VI.

Article 2. Effect

This Law takes effect on January 1, 2026.

Article 3. Transitional provisions

1. Organizations and individuals whose products and goods for which standard conformity declaration or technical regulation conformity declaration has been carried out, and which have granted standard conformity certificates or technical regulation conformity certificates before the effective date of this Law shall continue to comply with the validity period stated in the declarations or certificates.

In case organizations and individuals have submitted dossiers for standard conformity declaration or technical regulation conformity declaration, or registered for quality inspection of imported goods but, by the effective date of this Law, have not been granted the standard conformity certificates or technical regulation conformity certificates or have yet to receive notices of quality inspection of imported goods, they shall continue to comply with Law No. 05/2007/QH12 on Product and Goods Quality, which has a number of articles amended and supplemented under Law No. 35/2018/QH14.

2. Conformity assessment organizations that have been designated before the effective date of this Law shall continue to carry out conformity assessment activities until the validity period stated in the designation decisions expires.

This Law was passed on June 18, 2025, by the 15th National Assembly of the Socialist Republic of Vietnam at its 9th session.-

Chairman of the National Assembly
TRAN THANH MAN

 

 

[1] Công Báo Nos 969-970 (24/7/2025)

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