When will the delay in delivery or the goods be treated as lost in multimodal transport in Vietnam?
When will the delay in delivery or the goods be treated as lost in multimodal transport in Vietnam?
Pursuant to Article 21 of Decree 87/2009/ND-CP stipulating the time limit for delay in delivery or the goods be treated as lost in multimodal transport is as follows:
- Delay in delivery occurs in either of the following cases:
+ The goods have not been delivered within the time expressly agreed upon in the multimodal transport contract:
+ No agreement is reached in the multimodal transport contract while the goods have not been delivered within the required reasonable time and the multimodal transport operator has tried his/ her best to deliver the goods, having regard to the circumstances of the case.
- The goods will be treated as lost if they have not been delivered within 90 days (including public holidays and weekends) following the date of delivery agreed in the contract or the reasonable lime mentioned at Point b, Clause 1 of this Article, in the absence of evidence to the contrary.
When will the delay in delivery or the goods be treated as lost in multimodal transport in Vietnam? (Image from the Internet)
What is the limitation of liability of the multimodal transport operator in multimodal transport in Vietnam?
Pursuant to Article 24 of Decree 87/2009/ND-CP on the limitation of liability of the multimodal transport operator is specified as follows:
- The multimodal transport operator shall in no event be or become liable for any loss of or damage to the goods in an amount exceeding the equivalent of SDR 666.67 per package or unit or SDR 2 per kilogram of gross weight of the goods lost or damaged, whichever is higher, unless the nature and value of the goods have been declared by the consignor before the goods have been taken in charge by the multimodal transport operator and inserted in the multimodal transport document.
- In case in a container, pallet or similar article of transport is loaded with more than one package or unit, the packages or other shipping units enumerated in the multimodal transport document as packed in such article of transport shall be deemed packages or shipping units. In other cases, such container, pallet or article of transport or packaging shall be considered the package or unit.
- If a multimodal transport contract does not include carriage by sea or inland waterways, the liability of the multimodal transport operator shall be limited to an amount not exceeding SDR 8.33 per kilogram of gross weight of the goods lost or damaged.
- When the loss of or damage to the goods occurred during one particular stage of the multimodal transport, in respect of which an applicable treaty or national law would have provided another limit of liability if a separate contract had been made for that particular stage of transport, then the limit of the multimodal transport operator's liability for such loss or damage shall be determined by reference to such treaty or national law.
- If the multimodal transport operator is liable in respect of loss following delay in delivery or consequential loss or damage other than loss of or damage to the goods, his/her liability shall be limited to an amount not exceeding the equivalent of the freight under the multimodal transport contract.
- The aggregate liability of the multimodal transport operator shall not exceed the limits of liability for total loss of the goods.
- The multimodal transport operator is not entitled to the benefit of limitation of liability if it is proved by the person with related interests that the loss, damage or delay in delivery resulted from a personal actor omission of the multimodal transport operator done with the intent to cause such loss, damage or delay or recklessly and with knowledge that such loss, damage or delay would probably result.
What are the methods of compensation assessment in multimodal transport in Vietnam?
Pursuant to Article 23 of Decree 87/2009/ND-CP stipulating methods of compensation assessment in multimodal transport as follows:
- Assessment of compensation for loss of or damage to the goods shall be made by reference lo the value of such the goods at the place and lime they are delivered to the consignee or at the place and time when, in accordance with the multimodal transport contract, they should have been so delivered.
- The value of the goods shall be determined according to the current commodity exchange price or. if there is no such price, according to the current market price, or if there is no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality.
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