THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 125/2003/ND-CP
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Hanoi, October 29, 2003
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DECREE
ON INTERNATIONAL MULTI-MODAL
TRANSPORTATION
THE GOVERNMENT
Pursuant to the
December 25, 2001 Law on Organization of the Government;
Pursuant to the June 30, 1990 Maritime Code of Vietnam;
Pursuant to the December 26, 1991 Law on Vietnam Civil Aviation and the April
30, 1995 Law Amending and Supplementing a Number of Articles of the Law on
Vietnam Civil Aviation;
Pursuant to the April 20, 1995 Law on State Enterprises;
Pursuant to the March 20, 1996 Law on Cooperatives;
Pursuant to the May 20, 1998 Law on Domestic Investment Promotion;
Pursuant to the June 12, 1999 Law on Enterprises;
Pursuant to the November 12, 1996 Law on Foreign Investment in Vietnam and the
June 9, 2000 Law Amending and Supplementing a Number of Articles of the Law on
Foreign Investment in Vietnam;
Pursuant to the June 29, 2001 Law on Customs;
Pursuant to the June 29, 2001 Law on Land Road Traffic;
At the proposal of the Minister of Communications and Transport,
DECREES:
Chapter
I
GENERAL
PROVISIONS
Article
1.- Scope of regulation and subjects of
application
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2. In cases where the
international treaties which Vietnam has signed or acceded to contain
provisions different from those of this Decree, the provisions of such
international treaties shall be complied with.
Article
2.- Interpretation of terms and phrases
In this Decree, the
terms and phrases below shall be construed as follows:
1. International
multi-modal transportation (hereinafter referred to as multi-modal
transportation for short) means the transportation of cargoes by at least two
different transportation modes on the basis of a contract for multi-modal
transportation from the place where the persons dealing in multi-modal
transportation receive cargoes in one country to a place designated for cargo
delivery in another country.
2. Multi-modal
transportation dealers mean the enterprises which sign multi-modal
transportation contracts, take self-responsibility for the performance of such
contracts, but are neither agents nor representatives of cargo consignors or
represent the carriers to participate in multi-modal transportation activities.
3. Multi-modal
transportation contracts mean documents under which the multi-modal
transportation dealers commit to implement, or organize the implementation of,
multi-modal transportation and shall be paid with freightage.
4. Multi-modal
transportation vouchers mean documents issued by multi-modal transportation
dealers and evidences of multi-modal transportation contracts, certifying that
the multi-modal transportation dealers have already received cargoes for
transportation and committed to deliver those cargoes strictly according to
terms of the signed contracts.
5. Carriers means the
persons who conduct or commit to conduct part or whole of the transportation,
regardless of whether they are multi-modal transportation dealers or not.
6. Cargo consignors
mean the persons who sign multi-modal transportation contracts with multi-modal
transportation dealers.
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8. Cargo reception
means that the cargoes are actually assigned to the multi-modal transportation
dealers from the cargo consignors or their authorized persons and received by
the multi-modal transportation dealers for transportation.
9. Cargo delivery
means one of the following cases:
a) The delivery of
cargoes to the cargo consignees;
b) Cargoes are put at
the cargo consignees' disposal in accordance with the provisions of the
multi-modal transportation contracts, or law provisions or commercial practices
applicable at the places where goods are delivered;
c) If the delivery of
cargoes to an authority or another third party, according to law provisions, is
applied at the cargo delivery places, the cargoes must be so delivered.
10. Cargo means any assets,
including containers, or other similar transport and packing instruments, which
are not supplied by multi-modal transportation dealers.
11. In writing means
one of the following forms: telegraph, telex, fax or any other means, which can
print, record, repeat or transmit documents by mechanical, electronic or any
other equipment used for such purposes.
12. Endorsement means
the certification of the cargo consignees or the persons competent to certify
after giving instructions on multi-modal transportation vouchers in negotiable
forms for the delivery of cargoes stated in such vouchers to the identified
persons.
13. Special Drawing
Right (SDR) means the calculation unit prescribed by the International Monetary
Fund. The exchange rate between SDR and Vietnam dong shall be announced by the
State Bank of Vietnam.
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15. Force majeure
cases mean objective, unforeseeable and insurmountable occurrences though all
necessary and possible measures have already been applied.
Article
3.- Customs procedures
Cargoes in multi-modal
transportation are exempt from customs inspection. The Finance Ministry shall prescribe
the customs procedures for cargoes in multi-modal transportation.
Article
4.- State management over multi-modal
transportation
1. The Government
shall perform the unified State management over multi-modal transportation.
2. The Ministry of
Communications and Transport shall perform the function of State management
over multi-modal transportation, act as the principal agency to assist the
Government in coordinating inter-branch activities and guiding the
implementation of regulations related to multi-modal transportation.
Chapter
II
CONDITIONS
FOR MULTI-MODAL TRANSPORTATION BUSINESS
Article
5.- Conditions for multi-modal
transportation business
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Article
6.- Licensing conditions
1. Vietnamese
organizations and individuals fully satisfying the following conditions shall
be granted licenses for multi-modal transportation business:
a) Being Vietnamese
enterprises which have certificates of registration for multi-modal
transportation business;
b) Having professional
liability insurance for multi-modal transportation or bank guarantee being
provided for multi-modal transportation dealers for cargo losses, damage, late
delivery or other risks;
c) Having assets at
least being equal to 80,000 SDR or with equivalent guarantee.
2. Foreign
organizations and individuals investing in Vietnam that fully satisfy the
following conditions shall be granted licenses for investment in the field of
multi-modal transportation business:
a) Meeting the
conditions prescribed by the legislation on foreign investment in Vietnam.
b) Having professional
liability insurance for multi-modal transportation or bank guarantee being
provided to multi-modal transportation dealers for cargo losses or damage, late
delivery or other risks;
c) Having assets at
least being equal to 80,000 SDR or with equivalent guarantee.
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a) Being enterprises
of ASEAN member countries which have signed ASEAN framework agreement on
multi-modal transportation or being enterprises of the countries which have
signed bilateral or multilateral agreements with Vietnam on multi-modal
transportation;
b) Having certificates
of registration for multi-modal transportation business granted by competent
agencies of their countries and already legalized consularly;
c) Having legal representatives
in Vietnam, which are Vietnamese transport enterprises or agents, in cases
where they are foreign-invested enterprises, the Vietnamese party's contributed
capital shall not be lower than 51%.
Article
7.- Licensing procedures
1. The Vietnamese
enterprises prescribed in Clause 1, Article 6 of this Decree shall file their
dossiers of application for granting of business licenses for multi-modal
transportation to the Ministry of Communications and Transport. Such a dossier
shall include:
a) The application for
granting of business license for multi-modal transportation, made according a
form set by the Ministry of Communications and Transport;
b) A valid copy of the
business registration certificate;
c) The inventory of
the enterprise's assets or equivalent guarantee papers;
d) A copy of the
professional liability insurance contract or a copy of the bank's guarantee
paper.
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a) Assorted papers
prescribed by law for foreign investment in Vietnam.
b) The inventory of
the enterprise's assets or the equivalent guarantee papers;
c) A copy of the
professional liability insurance contract or a copy of the bank's guarantee
paper.
3. The foreign
enterprises prescribed in Clause 3, Article 6 of this Decree shall file their
dossiers of application for granting of business licenses for multi-modal
transportation to the Ministry of Communications and Transport. Such a dossier
shall include:
a) The application for
granting of business license for multi-modal transportation, made according to
a form set by the Ministry of Communications and Transport;
b) A copy of the
business registration certificate of multi-modal transportation, granted by a
competent agency of that country and already consularly legalized;
c) The agency contract
with Vietnamese enterprise defined at Point c, Clause 3, Article 6 of this
Decree.
4. Within 60 days
after the receipt of complete and valid dossiers, the Ministry of
Communications and Transport shall evaluate them and grant business licenses
for multi-modal transportation to subjects defined in Clauses 1 and 3, Article
6 of this Decree. In case of non-granting, written reply must be given within
the above-mentioned time limit, clearly stating the reasons therefor.
The Ministry of
Communications and Transport shall specify the procedures for evaluation of
dossiers and granting of business licenses for multi-modal transportation.
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The order and
procedures of evaluation of dossiers and granting of licenses for investment in
the field of multi-modal transportation shall comply with the law provisions on
foreign investment.
6. The licensing
agencies are entitled to collect fees under the Finance Ministry's regulations.
Article
8.- License withdrawal
1. The licensing
agencies are entitled to withdraw licenses if multi-modal transportation
dealers commit violations in one of the following cases:
a) They violate the
licensing conditions or procedures prescribed in Articles 6 and 7 of this
Decree;
b) Within 1 year after
being granted licenses, the licensees cannot get at least one contract for
multi-modal transportation.
2. Licenses shall be
temporarily withdrawn for 6 months if the multi-modal transportation dealers
commit violations for the first time as provided for in Clause 1 of this
Article, and withdrawn indefinitely if the multi-modal transportation dealers
commit violations for the second time.
Chapter
III
MULTI-MODAL
TRANSPORTATION VOUCHERS
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1. When a multi-modal
transportation dealer has received cargoes, a multi-modal transportation
voucher must be issued in negotiable or non-negotiable form, depending on the
cargo consignor's option, except where otherwise provided for by the
multi-modal transportation contract.
2. The multi-modal
transportation vouchers shall be signed by multi-modal transportation dealers
or persons authorized by multi-modal transportation dealers.
3. The signatures on
multi-modal transportation vouchers may be hand-written, fax-printed, holed,
stamped, symbolized or made in any other mechanical or electronic means under
the current law provisions.
4. Forms of
multi-modal transportation vouchers must be registered with the Ministry of
Communications and Transport.
Article
10.- Forms of multi-modal transportation vouchers
1. The multi-modal
transportation vouchers in negotiable form shall be issued by one of the
following modes:
a) Presentation;
b) On order;
c) On order of the
persons named in the original vouchers.
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Article
11.- Transfer of multi-modal
transportation vouchers
The transfer of
multi-modal transportation vouchers shall comply with the following regulations:
1. For mode of
"Presentation": Endorsement is not required;
2. For mode of
"On order": Endorsement is required;
3. For mode of
"On order of the person named in the original voucher: The endorsement of
the person named in the original voucher is required.
Article
12.- Contents of multi-modal
transportation vouchers
1. The multi-modal
transportation vouchers shall include the following principal contents:
a) The natural
properties of cargoes; necessary signs, codes for recognition of cargoes; the
danger or perishability of cargoes; the number of packages or pieces; the gross
tonnage of cargoes or quantity of cargoes described in other ways.
All the above-said
details shall be supplied by the cargo consignors.
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c) The name and
head-office of the multi-modal transportation dealer;
d) The name of the
cargo consignor;
e) The name of the
cargo consignee if the consignor already mentioned the name;
f) The place and date
of receiving cargoes by the multi-modal transportation dealer;
g) The place of cargo
delivery;
h) The date or
deadline for cargo delivery at the place of cargo delivery, if the involved
parties have already agreed upon;
i) The clear statement
on whether the multi-modal transportation voucher is negotiable or non-negotiable.
j) The signature of
the multi-modal transportation dealer or his/her authorized person;
k) The freightage for
each transportation mode if the involved parties have already agreed upon, or
freightage, currency for payment of freightage by cargo consignees, or other
description of freightage to be paid by the cargo consignees;
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m) Other details which
the involved parties unanimously agree to include in the multi-modal
transportation vouchers, if they are not contrary to law provisions.
2. The lack of one or
several details mentioned in Clause 1 of this Article shall not affect the
legality of the multi-modal transportation vouchers.
Article
13.- Evidencing effect of multi-modal
transportation vouchers
1. The multi-modal
transportation vouchers are preliminary evidences of the reception of cargoes
by multi-modal transportation dealers for transportation as mentioned in the
multi-modal transportation vouchers, except for case of counter-evidence.
2. Where the
multi-modal transportation vouchers are issued in negotiable form and have been
lawfully transferred to the cargo consignees or from the cargo consignees to
the third party, if the cargo consignees or the third party have based on the
cargo description and strictly comply with such description, the
counter-evidences shall not be accepted.
Article
14.- Reservation in multi-modal
transportation vouchers
1. If the multi-modal
transportation vouchers are inscribed with details on the general properties,
signs, codes, the number of packages or pieces, weight or quantity of cargoes, and
the multi-modal transportation dealers or their authorized persons know or have
grounds to doubt that the descriptions are not true to the actually received
cargoes, or if the multi-modal transportation dealers or their authorized
persons have no proper equipment for examination of such details, they shall
write their reservations in the multi-modal transportation vouchers, clearly
stating the inaccurate descriptions, the grounds for doubts or the lack of
proper means for examination.
2. If the multi-modal
transportation dealers or their authorized persons do not inscribe the
reservations on the multi-modal transportation vouchers on the outside
conditions of cargoes, the cargoes shall be considered as being in good outside
conditions.
Chapter
IV
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Article
15.- Responsibility duration
The multi-modal
transportation dealers must bear responsibility for the cargoes from the time
they receive the cargoes till the time they deliver cargoes to the consignees.
Article
16.- Responsibilities towards employees,
agents or carriers
1. The multi-modal
transportation dealers must bear responsibility for all acts and errors of
their employees or agents, when they have acted within the scope of hiring, or
all acts and errors of any other persons whose services are used by the
multi-modal transportation dealers for the performance of multi-modal
transportation contracts.
2. In cases where the
multi-modal transportation dealers sign single-modal transportation contracts with
carriers, the specialized legislation on such single-modal transportation shall
apply.
Article
17.- Responsibility to deliver cargoes
1. The multi-modal
transportation dealers commit to perform, or organize the performance of, all
necessary jobs in order to ensure the delivery of cargoes to the persons
entitled to receive them.
2. When the
multi-modal transportation vouchers have been issued in negotiable form,
depending on the forms of vouchers, the cargo delivery is prescribed as follows:
a) If the vouchers are
in form of "Presentation," the cargoes shall be delivered to the
persons who present the originals of such vouchers;
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c) If the vouchers are
in form of "On order of the person named in the original vouchers, the
cargoes shall be delivered to the persons who can evidence that they are the
persons named in the vouchers and produce the original vouchers. If such
vouchers are changed into form of "On order," the cargoes shall be
delivered according to the provisions at Point b of this Clause.
3. When the
multi-modal transportation vouchers are issued in non-negotiable form, the
cargoes shall be delivered to the persons named as the cargo consignees in the
vouchers, if such persons can prove that they are the persons named as the
cargo consignees in the vouchers.
4. When the
multi-modal transportation contracts prescribe the non-issuance of vouchers,
the cargoes shall be delivered to one person designated by the cargo consignors
or designated by the competent persons of the cargo consignors or the competent
persons of the cargo consignees according to the provisions of the multi-modal transportation
contracts.
5. After the
multi-modal transportation dealers have delivered cargoes to the persons who
present one original of the multi-modal transportation vouchers, the other
originals of the vouchers shall be no longer valid for reception of cargoes.
Article
18.- Responsibility for cargo losses,
damage or late delivery
1. The multi-modal
transportation dealers must bear responsibility for the cargo losses, damage or
late delivery if such things happen within the time limits and responsibility
scope prescribed in this Decree, except when the multi-modal transportation
dealers can prove that they, their employees, agents or any others prescribed
in Article 16 of this Decree have already applied appropriate measures to
preclude bad consequences.
2. The multi-modal
transportation dealers shall have to pay all costs of expertise even when the
cargo consignees request the expertise, if they cannot prove that the cargo
losses or damage fall beyond the scope of their responsibility. For other
cases, the expertise requesters shall have to pay the costs thereof.
3. The multi-modal
transportation dealers shall not be held responsible for the cargo losses or
damage and shall be considered as having fully delivered cargoes correctly as
inscribed in the multi-modal transportation vouchers to the cargo consignees,
if the later fail to notify in writing the former of such cargo losses or
damage within one day after the reception of cargoes. In cases where cargo
losses or damage cannot be detected from the outside, the cargo consignees must
notify the multi-modal transportation dealers thereof in writing within 6 days
(including public holidays and weekends) after the cargoes have been delivered
to the consignees. In cases where the cargoes have already been expertised at
the requests of the consignees or the multi-modal transportation dealers before
the cargo delivery, written notification is not required.
4. The multi-modal
transportation dealers must bear responsibility for the subsequent losses due
to late delivery, when the cargo consignors have sent their documents
requesting that the cargoes be delivered on time and such documents have
already been accepted by the multi-modal transportation dealers.
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1. The cargo delivery
shall be considered late when it is effected in one of the following cases:
a) Cargoes are not
delivered within the time limits agreed upon in the multi-modal transportation
contracts.
b) In case of absence
of such agreement in the multi-modal transportation contracts while the cargoes
are not delivered within the reasonably required time limit and the multi-modal
transportation dealers have done their best to deliver the cargoes, taking into
account the circumstance of each specific case.
2. Cargoes are
considered lost if they are not delivered within 90 days (including public
holidays and weekends) after the delivery dates agreed upon in the contracts or
the reasonable duration stated at Point b, Clause 1 of this Article, except
where the multi-modal transportation dealers have evidences to prove contrarily.
Article
20.- Responsibility exemption
In spite of the
provisions in Clause 1 of Article 16, Clauses 1 and 4 of Article 18, this Decree,
the multi-modal transportation dealers shall not have to bear responsibility
for the cargo losses, damage or late delivery if they can prove that such
things have happened in the course of transportation due to one or many of the
following causes:
1. Force majeure
incidents;
2. Acts or negligence
of the consignors, the consignees, their authorized persons or agents;
3. Incomplete or
erroneous packing, sign-or code-inscription or numbering of cargoes;
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5. Latent defects or
natural properties of cargoes;
6. Labor strike,
factory blockade, being prevented from the employment of part or whole of labor;
7. Where cargoes are
transported by sea, inland waterways and losses, damage or late delivery
happened in the course of transportation due to:
a) Acts, negligence or
faults of ship masters, crew members, pilots or laborers working for the
carriers in operating or administering the ships;
b) Fires, except when
they are caused by deliberate acts or connivance of the carriers.
In cases where cargo
losses or damage happen in the course of transportation as mentioned in this
Clause due to the ships' incapability to fare sea, the multi-modal
transportation dealers shall not also have to bear responsibility if they can
prove that the ship have been capable of sea faring when starting the
itineraries.
Article
21.- Ways of calculating compensation money
1. The calculation of
compensations for cargo losses or damage shall be effected on the basis of
referring to the values of such cargoes at the places and time they are
delivered to the consignees or at the places and time they should have been
delivered under the multi-modal transportation contracts.
2. The cargo values
shall be determined according to the current goods- exchanging prices or in
case of the absence of such prices, according to the current market prices; if
the exchanging prices or market prices are not available, the average values of
cargoes of the same types and the same quality shall be referred to.
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1. The multi-modal
transportation dealers shall only bear responsibility for cargo losses or
damage in any circumstances at the maximum level equivalent to 666.67 SDR for
one package or one piece or 2.00 SDR for one kilogram of weight, packing
included, of the lost or damaged cargoes, depending on the higher calculation,
except when the cargo properties and value have been declared by consignors
before they are received by multi-modal transportation dealers for
transportation and have been already inscribed in the multi-modal
transportation vouchers.
2. In cases where in a
container, or equivalent transport, packing instruments are arranged with many
packages and/or many pieces, which have been listed in the multi-modal
transportation vouchers, they shall be considered packages or pieces. In other
cases, such containers, or other equivalent transport or packing instruments
must be considered packages or pieces.
3. In spite of the
provisions in Clauses 1 and 2 of this Article, if the multi-modal
transportation contracts do not cover the cargo transportation by sea or inland
waterways, the responsibility of the multi-modal transportation dealers shall
be limited within the money amount not exceeding 8.33 SDR for one kilogram of
weight including packing of the lost or damaged cargoes.
4. In cases where
cargo losses or damage happen in a specific process of multi-modal
transportation and at such process, the international treaties or national laws
prescribe a different responsibility limit if the transport contracts are
signed separately for such process, the limit of the multi-modal transportation
dealers' responsibility for the cargo losses or damage shall comply with the
provisions of such international treaties or national laws.
5. If the multi-modal
transportation dealers have to bear responsibility for the damage due to late
delivery, or subsequent damage due to late delivery, which are not the losses
or damage of those very cargoes, the multi-modal transportation dealers'
responsibility shall be limited within the money amount not exceeding the money
amount equivalent to the freightage under the multi-modal transportation
contracts.
6. The total liability
of the multi-modal transportation dealers shall not exceed the limit of
responsibility for the losses of the entire cargoes.
7. The multi-modal
transportation dealers are not entitled to enjoy the right to compensation
responsibility limits, if the persons with relevant interests can prove that
the cargo losses, damage or late delivery are caused by the multi-modal
transportation dealers' actions or non-actions with intent of causing such
losses, damage or late delivery or their reckless actions or non-actions and
knowledge that such losses, damage or late delivery would have certainly
happened.
Chapter
V
RESPONSIBILITIES
OF CARGO CONSIGNORS
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1. The cargo
consignors or their authorized persons must accurately supply the following
information on cargoes to the multi-modal transportation dealers:
a) Details related to
cargoes for inscription into the multi-modal transportation vouchers:
- The natural properties,
signs, codes, quantities, weight, volumes and quality of cargoes;
- The outside
conditions of cargoes.
b) Papers related to
cargoes as provided for by law or agreed upon in the trading contracts.
2. When the cargo
consignors or their authorized persons transfer dangerous cargoes to
multi-modal transportation dealers for transportation, apart from the
responsibility mentioned in Clause 1 of this Article, they must observe the
following regulations:
a) Supplying the
multi-modal transportation dealers with documents and necessary instructions on
the danger of the cargoes and, if necessary, the preventive measures;
b) Recording signs,
codes or sticking labels for dangerous cargoes under the provisions of the
international treaties or the current provisions of national laws;
c) Appointing escorts
in cases where there must be escorts for dangerous cargoes.
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1. The cargo
consignors must bear responsibility for cargo losses caused by their acts of
intentionally or unintentionally declaring cargoes inadequately or supplying
information on cargoes inaccurately, incompletely as provided for in Article 23
of this Decree.
2. When the cargo
consignors or their authorized persons fail to comply with the provisions in Clause
2, Article 23 of this Decree and the multi-modal transportation dealers have no
ways to know the properties and danger of such cargoes, the consignors must
bear responsibility to the multi-modal transportation dealers for all losses
caused by the transportation of such cargoes, including the unloading,
destruction or deactivation of such cargoes by multi-modal transportation
dealers, depending on each specific case, if the dangerous cargoes constitute
an actual threat to people and property.
3. In cases where
cargoes are unloaded, destroyed or deactivated when they become the actual
threats to people and property, the multi-modal transportation dealers shall
not have to pay the compensations therefor, except when they are obliged to
share the common losses or when they have to bear the responsibility as
provided for in Article 18 of this Decree.
4. The consignors
shall have to compensate the multi-modal transportation dealers for the losses
incurred due to the inaccuracy or incompleteness of the information prescribed
in Article 23 of this Decree.
5. The consignors must
bear responsibility for all the losses prescribed in Clauses 1, 2, 3 and 4 of
this Article even when they have already transferred the multi-modal
transportation vouchers.
6. The multi-modal
transportation dealers are entitled to receive compensations as provided for in
Clauses 2 and 4 of this Article, but still have to bear responsibility under
the multi-modal transportation contracts for any persons other than the
consignors.
Chapter
VI
RESPONSIBILITIES
OF CARGO CONSIGNEES
Article
25.- Cargo reception
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2. If the cargo
consignees do not come to receive cargoes or refuse to receive the cargoes or
delay the unloading of cargoes beyond the time limits prescribed by the
contracts or by law, the multi-modal transportation dealers shall be entitled
to unload the cargoes, deposit them to safe places, handle and notify the
consignors thereof. For perishable cargoes, the multi-modal transportation
dealers shall be entitled to handle them right away. All costs and losses
incurred shall be borne by the cargo consignees.
3. Within 90 days as
from the dates the cargoes must be received according to the multi-modal
transportation contracts, if nobody comes to receive the deposited cargoes
prescribed in Clause 2 of this Article, the warehouse and storing yard dealers
may auction those cargoes. The proceeds from cargo auctions, after subtracting
the reasonable expenses of the involved parties, shall be remitted into the
State budget.
Article
26.- Payment of freightage and other
expenses
1. The cargo
consignees must fully pay freightage and other expenses related to multi-modal
transportation to multi-modal transportation dealers according to the
multi-modal transportation vouchers.
2. If the multi-modal
transportation dealers are not paid money amounts as provided for in the
multi-modal transportation contracts, they may retain the cargoes and notify
the cargo consignees thereof in writing. Within 60 days as from the date of
notification, if the multi-modal transportation dealers are still not yet paid
fully with the above-said amounts, they must sign contracts for authorized
auction of the retained cargoes. The proceeds from such cargo auctions shall be
handled according to the current regulations.
The duration when the
cargoes are placed under the ownership of the multi-modal transportation
dealers due to the exercise of their right to retain cargoes as mentioned above
must not aggregated for calculation of the time of late delivery under the
provisions in Articles 18 and 19 of this Decree.
Chapter
VII
COMPLAINTS,
LAWSUITS
Article
27.- Scope of complaints, lawsuits
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2. All complaints and
lawsuits against multi-modal transportation dealers, related to the performance
of multi-modal transportation contracts shall be effected also with the laborers,
agents or other persons whose services have been used by the multi-modal
transportation dealers for the performance of such multi-modal transportation
contracts, regardless of whether such complaints and/or lawsuits are inside or
outside the contracts. The full responsibility of the multi-modal
transportation dealers as well as their employees, agents or other persons
shall not exceed the limits prescribed in Article 22 of this Decree.
3. The multi-modal
transportation dealers are not entitled to enjoy the responsibility limits, if
the persons with relevant interests can prove that the cargo losses, damage or
late delivery were caused by actions or non-actions of their employees, agents
or other persons whose services have been used by the multi-modal
transportation dealers for the performance of multi-modal transportation
contracts, with their intent of causing such losses, damage or delay; or their
reckless actions or non-actions and their knowledge that such losses, damage or
lateness would have certainly happened.
Article
28.- Provisions related to multi-modal
transportation vouchers.
1. The contents in the
multi-modal transportation vouchers shall be invalid and legally ineffective if
they are directly or indirectly incompatible with the provisions of this
Decree, especially if such contents cause harms to cargo consignors and
consignees. This regulation shall not affect other contents in the multi-modal
transportation vouchers.
2. In spite of the
provisions in Clause 1 of this Article, if consented by the cargo consignors,
the multi-modal transportation dealers may increase their responsibilities
under the provisions of this Decree.
3. The provisions in
this Decree shall not affect the application of the rule on settling common
losses according to relevant provisions of national laws.
Article
29.- Time limits for complaints, statute
of limitations for lawsuits
1. The time limits for
complaints shall be agreed upon by the two parties in the multi-modal
transportation contracts. In case of the absence of such agreement, the time
limit for complaints shall be 90 days as from the date the cargoes are
completely delivered to the consignees according to the provisions in Clause 3,
Article 18 of this Decree, or after the dates the cargoes should have been
delivered according to the provisions in the multi-modal transportation
contracts or after the dates prescribed at Point b, Clause 1, Article 19 of
this Decree.
2. The statute of
limitations for lawsuits shall be 9 months as from the time the cargoes are completely
delivered to the consignees as provided for in Clause 3, Article 18 of this
Decree or after the dates the cargoes should have been delivered under the
provisions of the multi-modal transportation contracts or after the dates
prescribed at Point b, Clause 1, Article 19 of this Decree.
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The settlement of
disputes related to the conclusion and performance of multi-modal
transportation contracts shall be settled through negotiations between the
parties or by arbitration or at courts according to the provisions of law.
Chapter
VIII
IMPLEMENTATION
PROVISIONS
Article
31.- Implementation effect
1. This Decree takes
implementation effect as from January 1, 2004.
2. Organizations and
individuals dealing in multi-modal transportation must carry out procedures for
the granting of business licenses for multi-modal transportation within 90 days
as from the date this Decree takes effect.
Article
32.- Implementation responsibility
The ministers, the
heads of the ministerial-level agencies, the heads of the Government-attached
agencies, the presidents of the provincial/municipal People's Committees and
the concerned organizations as well as individuals shall have to implement this
Decree.
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ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai