What are logistics services according to the law in Vietnam? What are rights and obligations of traders providing logistic services in Vietnam?

What are logistics services according to the law in Vietnam?

Pursuant to Clause 7 Article 3 of the Decree 38/2017/ND-CP stipulating logistics services:

Logistics services mean commercial activities of a trader that performs one or more than one job, such as receiving cargo, transporting cargo, warehousing cargo, carrying out the customs procedures and paper-related procedures, providing counseling for customers, packaging cargo, writing codes and signs, delivering cargo or providing other cargo-related services as agreed upon with customers in order to enjoy remuneration.

What are logistics services according to the law in Vietnam? What are rights and obligations of traders providing logistic services in Vietnam? - image from internet

What does the logistics services in Vietnam include?

Pursuant to Article 3 of the Decree 163/2017/ND-CP, 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 in 2005.

What are rights and obligations of traders providing logistic services in Vietnam?

Pursuant to Article 235 of the Law on Commerce in 2005 stipulating rights and obligations of traders providing logistic services in Vietnam:

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.

As regulated above, unless otherwise agreed, traders providing logistic services shall have the following rights and obligations:

- To enjoy service charges and other reasonable expenses;

- 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;

- To notify such customers immediately for further instructions in cases where instructions of customers cannot be followed in part or in whole;

- 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.

In the course of transportations of goods, traders providing logistic services must comply with the provisions of law and transportation practices.

Best regards!