What is duration for carriers to send consignees a notification of the retention of cargo at the seaport in Vietnam?

What is duration for carriers to send consignees a notification of the retention of cargo at the seaport in Vietnam?

Pursuant to Article 7 of Decree 169/2016/ND-CP stipulating notification of retained cargo as follows:

1. Within 03 days from the retention date, the carrier shall send the consigner and the consignee a written notification of the retention of cargo and the plan on sale of retained cargo to collect the debts; the notification shall contain at least the following information:

a) Name, type, quantity and weight of cargo and time for unloading cargo to retain; place of retention;

b) Estimated expenses and loss to be paid by the consignee;

c) Planned time of auction (if any).

2. After 15 days from the day on which the notification specified in clause 1 of this Article is sent, if the carrier does not receive a response from the consigner and/or the consignee or the debts are not fully paid to the carrier, then the carrier shall announce the retention of cargo on at least one of daily newspapers or on means of mass media of central government or governments of central-affiliated cities and provinces of the place where the cargo is retained for 3 consecutive issues. Time limit for publication of notification may be extended for not exceeding 30 days from the date of notification to the consigner.

As such, you as the carrier must notify the consignee of the retention of cargo within 03 days from the retention date, the notice must include the information provisions above in Vietnam.

Before auctioning the retained cargo at the seaport, do carriers have to request the inspection of the cargo in Vietnam?

According to Article 9 of Decree 169/2016/ND-CP stipulating inspection and valuation of retained cargo as follows:

1. Before auctioning the retained cargo, the carrier shall request the inspection of quantity and quality and the valuation of retained cargo and their damages (if any).

2. Costs of inspection and determination of retained cargo shall be paid using the collection from the auction of such cargo.

3. The asking price for the cargo shall be decided by the carrier when cargo has undergone quantity and quality inspection and valuation; such asking price shall contain taxes and charges according to regulations.

Thus, before auctioning the retained cargo at the seaport in Vietnam, you must crequest the inspection of quantity and quality and the valuation of retained cargo and their damages (if any).

What is order of spending of proceeds from auction of retained goods in Vietnam?

Article 12 of Decree 169/2016/ND-CP stipulates spending of proceeds from auction of retained goods as follows:

1. The whole proceeds from the sale of retained goods shall be spent according to the following order of priority:

a) Taxes, charges and fees arising during the retention and sale of goods;

b) Debts including the price of transport service and other expenses specified in transport invoices; if such amount has not been paid in advance, the expenses contributed in the common loss and the rescue pay shall be apportioned to cargo according to regulations;

c) Cost of inspection and valuation of goods;

d) Cost of organization of auction;

dd) Costs relevant to the consignment, storage and sale of goods, including cost of material handling, storage and displacement of goods;

e) Payment of debts to the retainer;

g) Other relevant expenses.

2. The spending of the sums specified in clause 1 of this Article shall be supported by valid invoices as prescribed by Law. The payment shall be made within 30 days from the day on which the carrier receives the proceeds from the auction of the goods.

3. If the proceeds from the auction of retained goods is not sufficient for paying the sums specified in clause 1 of this Article, the carrier may request the responsible entities to pay for the deficit according to regulations.

Thus, proceeds from auction of retained goods at the seaport in Vietnam will be spent in the order of priority specified above.

Best Regards!