Are customs brokerage services including customs clearance services considered logistics services in Vietnam?
- Are customs brokerage services including customs clearance services considered logistics services in Vietnam?
- Shall traders providing logistic services depart from instructions of customers during the performance of contracts in Vietnam?
- Vietnam: Shall the traders providing logistic services have the obligation to pay damages to the parties whose goods are withheld if they cause loss or damage to withheld goods?
Are customs brokerage services including customs clearance services considered logistics services in Vietnam?
Pursuant to the provisions of Article 3 of Decree 163/2017/ND-CP, the classification of logistics services is as follows:
Classification of logistics services
Logistics services include:
1. Container handling services, except for services provided at airports.
2. Container warehousing services classified as auxiliary services for sea transport.
3. Warehousing services classified as all auxiliary services for multimodal transport.
4. Delivery services.
5. Freight transport agency services.
6. Customs brokerage services (including customs clearance services).
7. Other services including bill of lading inspection, cargo brokerage services, cargo inspection, sampling and weighing services; goods receipt and acceptance services; and preparation of transport documents.
8. Wholesaling auxiliary services and retailing auxiliary services including management of goods in storage, and collection, collation and classification of goods and their delivery.
9. Cargo transport services classified as sea transport services.
10. Cargo transport services classified as inland waterway transport services.
11. Cargo transport services classified as rail transport services.
12. Cargo transport services classified as road transport services.
13. Air carriage services.
14. Multimodal transport services.
15. Technical inspection and analysis services.
16. Other auxiliary services for transport.
17. Other services under the agreement signed between the logistics service provider and customer according to basic rules of the Law on Commerce.
Thus, logistics services provided include the above services. Thus, customs brokerage services including customs clearance services shall be considered logistics services.
Are customs brokerage services including customs clearance services considered logistics services in Vietnam? (Image from the Internet)
Shall traders providing logistic services depart from instructions of customers during the performance of contracts in Vietnam?
Pursuant to the provisions of Article 235 of the Law on Commercial 2005, there are regulations on the rights and obligations of traders providing logistic services as follows:
Rights and obligations of traders providing logistic services
1. Unless otherwise agreed, traders providing logistic services shall have the following rights and obligations:
a/ To enjoy service charges and other reasonable expenses;
b/ To depart from instructions of customers during the performance of contracts for plausible reasons and in the interests of customers, provided that customers must be notified thereof immediately;
c/ To notify such customers immediately for further instructions in cases where instructions of customers cannot be followed in part or in whole;
d/ To perform their obligations within a reasonable period of time if there is no agreement on specific time limit for performance of their obligations to customers.
2. In the course of transportations of goods, traders providing logistic services must comply with the provisions of law and transportation practices.
Unless otherwise agreed, traders providing logistic services shall have the right to depart from instructions of customers during the performance of contracts for plausible reasons and in the interests of customers, provided that customers must be notified thereof immediately.
Vietnam: Shall the traders providing logistic services have the obligation to pay damages to the parties whose goods are withheld if they cause loss or damage to withheld goods?
Pursuant to the provisions of Clause 4 Article 240 of the Law on Commercial 2005, the obligations of traders providing logistic services when withholding goods include:
Obligations of traders providing logistic services when withholding goods
When the right to dispose of goods provided for in Article 239 of this Law is not yet exercised, traders providing logistic services and withholding goods shall have the following obligations:
1. To preserve and keep the goods;
2. Not to use goods without consent of the parties whose goods are withheld;
3. To return goods where the conditions for withholding and disposal of goods provided for in Article 239 of this Law no longer exist;
4. To pay damages to the parties whose goods are withheld if they cause loss or damage to withheld goods.
Thus, traders providing logistic services when withholding goods have obligations mentioned above.
Therefore, the traders providing logistic services have the obligation to pay damages to the parties whose goods are withheld if they cause loss or damage to withheld goods.
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