đá bóng trực tiếpHow many forms of settlement of disputes over product and goods quality are there in Vietnam?

Regarding this matter, LawNet would like to answer as follows:

1. What cases are considered disputes over product and goods quality in Vietnam?

According to Article 54 of đá bóng trực tiếpLaw No. 05/2007/QH12 of November 21, 2007, disputes over product and goods quality include:

- Disputes between purchasers and importers or sellers or between traders due to products or goods non-conformity with announced applicable standards, relevant technical regulations or contractual agreements on quality.

- Disputes between production and business organizations or individuals and consumers and concerned parties due to products or goods poor quality, which causes harms to humans, animals, plants, properties or đá bóng trực tiếp environment.

Thus, there are 02 cases are considered disputes over product and goods quality in Vietnam including:

(1) Goods non-conformity with announced applicable standards, regulations or contractual agreements;

(2) Goods poor quality, which causes harms to humans, animals, plants, properties or đá bóng trực tiếp environment.

2. How many forms of settlement of disputes over product and goods quality are there in Vietnam?

According to đá bóng trực tiếp provisions of Article 55 of đá bóng trực tiếpLaw No. 05/2007/QH12 of November 21, 2007, there are 03 forms of settlement of disputes over product and goods quality, including:

(1) Negotiation on product and goods quality between disputing parties.

(2) Conciliation between đá bóng trực tiếp parties by an intermediary agency, organization or individual agreed upon by đá bóng trực tiếp parties.

(3) Settlement by arbitration or a court.

Note: Procedures for settlement of disputes over product and goods quality by arbitration or courts comply with legal provisions on arbitration or civil procedures.

At đá bóng trực tiếp same time, according to đá bóng trực tiếp provisions of Clause 3, Article 56 of đá bóng trực tiếpLaw No. 05/2007/QH12 of November 21, 2007, đá bóng trực tiếp statute of limitations for complaint and initiation of lawsuits claiming compensation for damage caused by products or goods of poor quality to humans, animals, plants, assets or đá bóng trực tiếp environment is 2 years from đá bóng trực tiếp time đá bóng trực tiếp concerned parties are notified of đá bóng trực tiếp damage, provided that:

- Damage is caused in đá bóng trực tiếp use duration of products or goods which is displayed on those products;

- Damage is caused in đá bóng trực tiếp use duration of goods, or 5 years from đá bóng trực tiếp date of goods delivery, for products and goods with unspecified use duration.

Thus, đá bóng trực tiếp statute of limitations for filing a lawsuit to claim compensation for damages due to goods of poor quality is 2 years, but must be within đá bóng trực tiếp use duration of goods or 5 years from đá bóng trực tiếp date of goods delivery, for products and goods with unspecified use duration.

3. Do đá bóng trực tiếp disputing parties have đá bóng trực tiếp right to appoint an organization to inspect goods with poor quality in Vietnam?

According to Article 57 of đá bóng trực tiếpLaw No. 05/2007/QH12 of November 21, 2007:

- Designated dispute-settling agencies or organizations or involved parties shall reach agreement on requesting professional agencies or organizations to examine, test or inspect products and goods whose quality is under dispute.

- Bases for examination, test and inspection of products and goods under dispute include:

+ Contractual agreements on product and goods quality;

+ Announced standards and relevant technical regulations applied to those products and goods.

If đá bóng trực tiếp disputing parties request an appraisal, which party bears đá bóng trực tiếp costs?

According to Article 58 of đá bóng trực tiếpLaw No. 05/2007/QH12 of November 21, 2007, đá bóng trực tiếp costs of goods quality assessment are stipulated as follows:

- Complainants or initiators of lawsuits shall pay costs of sample taking, testing or inspection of product and goods quality.

- If đá bóng trực tiếp testing or inspection results show that organizations or individuals producing and/or trading in products and goods commit violations on product and goods quality, those organizations or individuals shall pay to complainants or lawsuit initiators costs of sample taking and testing or inspection of đá bóng trực tiếp quality of products and goods under dispute.

Thus, đá bóng trực tiếp disputing parties have đá bóng trực tiếp right to appoint or agree to request an inspection organization, but đá bóng trực tiếp complaining or suing party must pay đá bóng trực tiếp inspection costs in advance and be reimbursed if đá bóng trực tiếp results prove that đá bóng trực tiếp goods do not meet quality standards due to đá bóng trực tiếp fault of đá bóng trực tiếp manufacturer or trader.

Key word: goods quality | disputes over product and goods quality | in Vietnam | Vietnam |

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