With the role of sharing risks with manufacturers and giving remedial support for consumer, product liability insurance is considered an indispensable element of many countries with economies in commodity development. However, this type of insurance does not have “happy hunting ground” in Vietnam.
Product liability is not a concern
According to Mr. Phung Dac Loc, General Secretary of the Vietnam Insurance Association, the responsibility of the product from the producers and business people in Vietnam have not been mentioned much, though the Civil Code had prescribed.
For example, in case of food poisoning in Nha Trang, it made 60 travelers going to the emergency and their trip was canceled. In fact, the responsibility of the restaurant’s products must fully compensate for the whole trip, the cost of treatment and personal income for people poisoned during hospitalization. However, the product liability of restaurants in Vietnam is not mentioned. Or 2006, in Da Nang, a small child was playing carousel that crashed to the ground and died, then a new public opinion was shocked to question the responsibility for various entertainment business.
Not only domestic merchandise that even Vietnam’s exports could not avoid this situation. Pegasus, frozen shrimp which contain a large amount of antibiotic residues when exported to Japan was forced to be destructed. Or the case of as bottled mineral water for exporting to Australia was returned because the order detecting domestic hair inside a certain bottle, etc. So apart from compensation for breach of contract, Vietnamese business must bear the full cost of wharves, warehouses during shipment that were waiting for customs procedures in the host country and the shipping costs.
Product liability in the countries of the world has been interested for a long time and is very tight handling. There have been many manufacturers, and business must compensate for high levels because of forgetting guidelines or recommendation for usage on product packaging. 555 tobacco Department must compensate hundreds of billions worth because they did not recommend that lung cancer can harm to users. That case is one big lesson to learn by heart not only for the tobacco company in particular but also for other manufacturers, business, etc.
We think that those typical cases would be the outstanding lessons, which are the warning bell about product liability for the production and trading. However, product liability insurance has not received the worthy attention. Most Vietnam businesses do not buy product liability insurance if it doesn’t require in the contract commitments. This type of insurance is purchased in case Vietnam business working with foreign partners. Currently, the Vietnam insurance companies and insurance companies which have invested abroad still provide product liability insurance. Some domestic insurers have links with other foreign insurers to perform litigation, etc.
Need to increase the level of sanction
currently, even consumers have interest in sanitary condition but there is not any struggle in a meaningful way. Therefore, manufacturers increasingly disregarded the safety factor products. This situation lasts in a long time and increases serious consequences.
Besides, Vietnam enterprises also do not interest in the international practice. For example, a chair made by Vietnam business just stands the largest sitting gravity of 80 kg, however, without recommendation, when they export to foreign markets, a person of 100 kg sitting on that chair broke it right then and that person got injuries. Certainly, in this case, Vietnam business will have to bear all the compensation without liability insurance products.
Although the Civil Code stipulates liability products, but the sanction was too light, only administrative sanctions warning identifiable with several million should not be effective.
Meanwhile, in Vietnam, the authorities protect the interests of consumers are not much. Volume was meager with a hardly operational status, so, product liability is far from desirable. To remedy this situation, the government and state authorities of product safety and product quality have to be really involved. Governments should have the degree guiding the Civil Code. The authorities need to manage more closely, regularly observe the production facilities of goods, especially food safety.
Product liability is not a concern
According to Mr. Phung Dac Loc, General Secretary of the Vietnam Insurance Association, the responsibility of the product from the producers and business people in Vietnam have not been mentioned much, though the Civil Code had prescribed.
For example, in case of food poisoning in Nha Trang, it made 60 travelers going to the emergency and their trip was canceled. In fact, the responsibility of the restaurant’s products must fully compensate for the whole trip, the cost of treatment and personal income for people poisoned during hospitalization. However, the product liability of restaurants in Vietnam is not mentioned. Or 2006, in Da Nang, a small child was playing carousel that crashed to the ground and died, then a new public opinion was shocked to question the responsibility for various entertainment business.
Not only domestic merchandise that even Vietnam’s exports could not avoid this situation. Pegasus, frozen shrimp which contain a large amount of antibiotic residues when exported to Japan was forced to be destructed. Or the case of as bottled mineral water for exporting to Australia was returned because the order detecting domestic hair inside a certain bottle, etc. So apart from compensation for breach of contract, Vietnamese business must bear the full cost of wharves, warehouses during shipment that were waiting for customs procedures in the host country and the shipping costs.
Product liability in the countries of the world has been interested for a long time and is very tight handling. There have been many manufacturers, and business must compensate for high levels because of forgetting guidelines or recommendation for usage on product packaging. 555 tobacco Department must compensate hundreds of billions worth because they did not recommend that lung cancer can harm to users. That case is one big lesson to learn by heart not only for the tobacco company in particular but also for other manufacturers, business, etc.
We think that those typical cases would be the outstanding lessons, which are the warning bell about product liability for the production and trading. However, product liability insurance has not received the worthy attention. Most Vietnam businesses do not buy product liability insurance if it doesn’t require in the contract commitments. This type of insurance is purchased in case Vietnam business working with foreign partners. Currently, the Vietnam insurance companies and insurance companies which have invested abroad still provide product liability insurance. Some domestic insurers have links with other foreign insurers to perform litigation, etc.
Need to increase the level of sanction
currently, even consumers have interest in sanitary condition but there is not any struggle in a meaningful way. Therefore, manufacturers increasingly disregarded the safety factor products. This situation lasts in a long time and increases serious consequences.
Besides, Vietnam enterprises also do not interest in the international practice. For example, a chair made by Vietnam business just stands the largest sitting gravity of 80 kg, however, without recommendation, when they export to foreign markets, a person of 100 kg sitting on that chair broke it right then and that person got injuries. Certainly, in this case, Vietnam business will have to bear all the compensation without liability insurance products.
Although the Civil Code stipulates liability products, but the sanction was too light, only administrative sanctions warning identifiable with several million should not be effective.
Meanwhile, in Vietnam, the authorities protect the interests of consumers are not much. Volume was meager with a hardly operational status, so, product liability is far from desirable. To remedy this situation, the government and state authorities of product safety and product quality have to be really involved. Governments should have the degree guiding the Civil Code. The authorities need to manage more closely, regularly observe the production facilities of goods, especially food safety.
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