In Vietnam, a business that supplies a defective product is generally liable to compensate consumers for the harm it causes to life, health or property, even if the business did not know about the defect; the claim can usually be made against the manufacturer, the importer, the business whose brand is on the product, or in some situations the seller. Limited defences exist, and you must still prove the defect, the harm and the link between them.
Product liability is set out in the Civil Code and in the 2023 Law on Protection of Consumer Rights, in force since mid-2024, together with sector rules on product quality, food safety and recalls. This guide explains the framework for consumers who have been harmed and for foreign companies that sell products in Vietnam and need to understand their exposure. It is general information, not legal advice, and claims involving injury should always be discussed with a licensed Vietnamese lawyer.
What counts as a defective product
A product is generally treated as defective when it does not provide the safety that people are entitled to expect, considering its nature, its intended use, the information and warnings provided with it, and the state of knowledge when it was put into circulation. Defects are commonly grouped into three kinds: manufacturing defects, where a particular item differs from the intended design, such as a faulty batch; design defects, where the design itself is unsafe; and information defects, where instructions or warnings are missing, misleading or not in a language the user can understand.
Information defects are particularly relevant for imported goods. Products sold in Vietnam are expected to carry instructions and warnings in Vietnamese. A product that is safe when used correctly may still be defective in law if its warnings were inadequate for Vietnamese users, for example where safety information exists only in a foreign language.
A product that simply fails to work or wears out early is not necessarily defective in the product liability sense. That situation is usually a warranty or quality dispute under the sale contract. Product liability is about products that cause harm to people or to other property, which is why the consequences, and often the amounts involved, are more serious.
Who can be held liable
Manufacturers. The business that made the finished product, or a component that caused the defect, is the primary target of a product liability claim.
Importers. For products made abroad, the importer that brought them into Vietnam can be held liable, which matters for consumers who cannot realistically sue a foreign manufacturer. Foreign brand owners should check how their import and distribution contracts allocate this risk.
Brand owners. A business that puts its name, trademark or other identifying mark on a product, presenting itself as the producer, can be treated as responsible even if another company actually manufactured it.
Sellers. Where the consumer cannot identify the manufacturer, importer or brand owner, the seller may become responsible, unless it can identify who supplied the product to it. Sellers should keep supplier records for this reason.
Shared liability. Several businesses can be liable for the same harm. A consumer may claim against one or more of them, and the businesses then resolve among themselves who bears the final cost, usually under their supply contracts.
Liability without fault and the available defences
Vietnamese law treats compensation for harm caused by defective goods as a form of liability that does not depend on proving the business was careless. The consumer must show that the product was defective, that harm occurred and that the defect caused the harm. The business cannot escape liability simply by showing it had good quality control or did not know about the defect.
There are, however, defences. The consumer protection law provides that a business is not liable where it can prove that the defect could not be discovered given the state of scientific and technical knowledge at the time the product was supplied. Liability can also be reduced or excluded where the harm was caused entirely by the victim's own fault, such as deliberate misuse contrary to clear warnings, or by force majeure. The precise conditions should be checked against the current texts.
In practice, many product liability disputes turn on evidence rather than legal theory: whether the product that caused the harm can be examined, whether it was used as intended, whether it was modified or repaired by someone else, and whether the harm could have had another cause. Both consumers and businesses should preserve the product and records as early as possible.
What a harmed consumer should do
If a product has injured you or damaged your property, the first steps protect both your health and your claim. Take them in roughly this order:
- Get medical treatment or make the situation safe first, and keep all medical records, receipts and reports.
- Keep the product, its packaging, instructions and any remaining items from the same batch. Do not repair or throw them away, since they are the main evidence.
- Photograph or film the product, the damage and the scene as soon as possible, recording the date.
- Find the proof of purchase and identify the seller, importer and manufacturer from the packaging or the invoice.
- Notify the seller and the manufacturer or importer in writing, describing what happened and asking them to preserve their own records.
- If the product is dangerous to others, report it to the authorities responsible for product quality or consumer protection.
- Speak to a lawyer before signing any settlement or release, especially where injury is involved.
Avoid handing the product over to the business for inspection without a written record of its condition and an agreement on how testing will be done. Independent testing, agreed by both sides or ordered in proceedings, protects you from later disputes about what the product showed.
Compensation and time limits in principle
Compensation aims to restore what was lost. The table outlines the main heads of loss Vietnamese courts consider in harm claims; amounts depend on evidence and the court's assessment.
| Type of harm | What can usually be claimed | Evidence that helps |
|---|---|---|
| Injury to health | Treatment costs, loss of income, costs of care, and compensation for mental suffering | Medical records, receipts, employer letters on lost income |
| Death | Funeral costs, support for dependants, compensation for mental suffering of relatives | Death certificate, proof of dependency, funeral receipts |
| Damage to property | Repair or replacement cost of damaged property and related losses | Photographs, repair quotes, valuations, ownership proof |
| Time limit | Claims for non-contractual damage are subject to a limitation period running from when you knew or should have known of the harm | Act early; check the current period with a lawyer |
The limitation period for non-contractual compensation under the Civil Code is commonly understood to be three years from when the claimant knew or should have known their rights were infringed. Do not rely on that alone; complex cases can raise questions about when the period started, and starting early is always safer.
Recalls and the obligations of businesses
Vietnamese law requires businesses that discover defects in products they supply to take action, which can include stopping supply, warning consumers and recalling products. The consumer protection law sets out duties to announce a recall publicly, to report to the competent authority, and to bear the costs of the recall. Sector regulators, such as those for food, medicines, vehicles and electrical goods, have their own detailed rules.
For foreign companies, recall obligations raise practical questions: who in Vietnam is responsible, how importers and distributors will reach consumers, and how communications will be handled in Vietnamese. These questions should be answered in distribution agreements and internal procedures before any incident, not in the middle of one. A recall handled promptly and transparently usually reduces both harm and liability.
A recall does not by itself admit liability for every incident, but failing to act when a defect is known can increase exposure significantly and may attract administrative sanctions. Businesses should keep careful records of complaints and incidents, since patterns often reveal defects before serious harm occurs. A handful of similar complaints from different provinces is often the first warning sign, and it deserves attention from someone with authority to act.
Practical safeguards for foreign companies selling in Vietnam
Foreign manufacturers and brand owners can reduce product liability exposure in Vietnam with measures that are mostly about preparation. The most useful include:
- Provide complete instructions, warnings and labelling in Vietnamese, reviewed by someone who understands both the product and how Vietnamese consumers use it.
- Make sure distribution and import agreements say clearly who handles complaints, recalls, testing and communication with authorities, and how costs and liability are shared.
- Keep traceability records so that a defective batch can be identified and located quickly, from the factory to distributors and retailers.
- Check that product liability insurance covers sales in Vietnam and that local partners know how to notify incidents.
- Set up a complaint-handling process that records incidents, escalates safety issues quickly and preserves evidence.
- Monitor counterfeits of your products, since fakes can cause harm that consumers attribute to the genuine brand.
None of these steps removes liability, but together they make incidents easier to manage, help establish what happened, and show regulators and courts that the business took safety seriously.
When you need a Vietnamese lawyer
Any product liability case involving injury, death or significant property damage justifies a licensed Vietnamese lawyer. The issues are technical: proving the defect, arranging reliable testing, calculating loss, identifying the right defendants, and working within limitation periods. For a foreign victim, there is also the practical challenge of handling a claim in Vietnamese and possibly from abroad.
Businesses need lawyers too. A foreign brand owner or importer facing a complaint should take advice before responding, preserving documents, or offering compensation, because early statements can be used later. A lawyer can also review supply and distribution contracts to see how liability is allocated, check whether insurance covers the incident, and plan a recall if one is needed. If you need an initial view on where you stand, you can ask a lawyer on AI Co Van (aicovan.com) before deciding on a full engagement.
For victims, the choice of defendant and forum matters. Suing a local importer or distributor is usually more practical than pursuing a foreign manufacturer abroad, and a lawyer can assess which party has assets and insurance in Vietnam. Ask for a written assessment of the evidence, the likely heads of compensation and the time a claim may take, so you can weigh a negotiated settlement against going to court.
Frequently asked questions
Do I have to prove the manufacturer was careless?
No. Liability for harm caused by defective goods does not depend on proving carelessness. You must show the product was defective, that you suffered harm and that the defect caused it. The business can rely only on limited defences.
Can I claim against the shop that sold me the product?
Your claim is usually against the manufacturer, importer or brand owner. The seller may become responsible if you cannot identify them and the seller cannot say who supplied the product. Keep your receipt and the packaging for this reason.
What defences can a business use?
Defences include proving the defect could not be discovered given scientific and technical knowledge when the product was supplied, harm caused entirely by the victim's own fault such as deliberate misuse, and force majeure. The exact conditions should be checked in the current law.
How long do I have to make a claim?
Claims for non-contractual damage are subject to a limitation period, commonly three years from when you knew or should have known of the harm. Questions about when the period started can be complex, so speak to a lawyer early.
Is a product that stopped working covered by product liability?
Not usually. A product that fails or wears out without causing harm to people or other property is normally a warranty or quality issue under the sale contract. Product liability concerns products that cause injury or damage.
What should a foreign company do if its product causes an incident in Vietnam?
Preserve evidence, inform insurers, take advice from a Vietnamese lawyer before making statements, assess whether a recall or warning is needed, and coordinate with the importer and distributors. Acting quickly and transparently usually limits harm and liability.