What rights and obligations does hirer have in goods transports in Vietnam? What rights and obligations does carrier have in Vietnam?

What rights and obligations does hirer have in goods transports in Vietnam?

What are regulations on rights and obligations of hirers?

Reply:

a) Deliver the goods to the carrier.

The hirer is obliged to deliver the transported goods to the carrier on time and at the agreed place. Goods must be properly packed, with complete and clear symbols and codes. The shipping hirer must bear the costs of loading and unloading the goods onto the means of transport unless otherwise agreed by the parties.

b) Pay the freight.

Paying the freight is the most basic obligation of the hirer. Charges as agreed by the parties or according to the fee schedule of public transport service business units. In addition to the shipping fee, the hirer may have to pay other additional transportation fees such as storage.

c) Look after the goods in transit.

The parties may agree for the hirer to appoint a person to look after the goods on the way of transportation (the escort) for the transportation of certain types of goods of great value or goods requiring insurance management, special care. In case the hirer takes care of the transported goods but the goods are lost or damaged, the shipping hirer must be solely responsible for such property loss.

What rights and obligations does carrier have in Vietnam?

What are rights and obligations of the carrier of goods?

Reply:

a) Receipt of goods from the transport hirer.

– The carrier must bring the means of transport to receive the transported goods as agreed upon by the parties in the contract of carriage. Means of transport must meet the requirements of receiving, transporting and preserving goods in accordance with the nature of the goods.

– The carrier is obliged to receive the goods of the lessee at the agreed time and place. In case the carrier receives the goods late, causing the cost of preserving the goods to the transport hirer, they must compensate for such damage. In case the lessee delivers the goods late, the carrier shall request the transport hirer to compensate for any damage arising from the retention of the means of transport.

– The carrier has the right to refuse to transport property that is not in accordance with the type of property agreed in the contract. But in practice, the carrier can only refuse the carriage in cases where the replacement of the transported goods affects the interests of the carrier or other charterers.

In addition, the carrier has the right to refuse to receive goods that do not meet the necessary packing standards as agreed by the parties. The carrier is entitled to refuse to transport goods banned from circulation, goods of dangerous and toxic nature.

– If the contract stipulates that the shipping hirer is obliged to load the goods on the means of transport, the carrier is obliged to guide the arrangement of the goods on the means of transport and has the right to require the transport hirer to arrange Load the goods according to the instructions.

b) Organize the transportation of goods according to the agreed conditions.

During this period, the carrier has the following basic rights and obligations:

- Transport the goods to the right destination. In case the carrier delivers the goods at the wrong place, he must pay the cost of transporting the goods to the right place as agreed in the contract to the transport hirer.

- Preserve goods during transportation: As a general practice, the carrier's obligation to preserve goods arises from the time when the carrier receives the transported goods delivered by the hirer and ends when the carrier receives the transported goods to the consignee at the place of delivery.

c) Return the goods to the person entitled to receive the goods.

Return of goods is the basic obligation of the carrier before the consignor as well as the person entitled to receive the goods (if the consignor is not concurrently the consignee).

- Return the goods transported to the right object.

– Notify the arrival of the goods to the person entitled to receive the goods. In case the parties agree to return the goods at the address of the recipient, the carrier is not required to notify the arrival of the goods.

- Return goods according to the agreed method.

A rule to respect is that when the carrier receives the goods by any method, the goods must be returned according to that method.

– If the carrier has delivered the goods to the place of delivery on time but there is no consignee, the carrier may leave the goods at the consignee and must immediately notify the carrier or the party entitled to receive the goods knows. The costs of keeping and preserving the goods shall be borne by the transport hirer or the party entitled to receive the goods.

– The carrier has the right to refuse to return the goods and have the right to keep the goods, if the carrier and the consignee have not paid in full the freight and transportation costs or when adequate security for the goods has not been received payment of the above fees and charges.

What must be included in contract for carriers in Vietnam?

What should be included in a contract for carriers? Currently, I am preparing to start a business and have to hire a Shipper. I work in the service sector, ie receiving goods from customers and then returning them to customers. Because the value of the item is quite large, I want to make a contract with the Shipper to avoid the loss of the goods, if there is a loss, the Shipper will have to partially compensate. These are freelancers who work without any company. I also do not hire part-time or full-time, but work based on Shipper's free time. So how should I do this contract and what items should it include? Looking forward to the advice. Sincere thanks!

Reply:

In your case, you do not want to be bound by a labor contract with the person who delivers the goods to you, you can only sign a service contract in accordance with the provisions of the Commercial Law 2005, specifically you can sign a contract with referred to as the "Contract for the delivery of goods".

Article 74 of the 2005 Commercial Law provides for the form of service contract as follows:

1. A service contract shall be expressed in verbal or written form or established with specific acts.

2. For those types of service contract which are required by law to be made in writing, such requirement must be abided by.

1. Unless otherwise provided for by law or treaties to which the Socialist Republic of Vietnam is a contracting party, traders shall have the following rights to provide services:

a/ To provide services to residents in Vietnam for use in the Vietnamese territory;

b/ To provide services to non-residents in Vietnam for use in the Vietnamese territory;

c/ To provide services to residents in Vietnam for use in foreign territories;

d/ To provide services to non-residents in Vietnam for use in foreign territories.

2. Unless otherwise provided for by law or treaties to which the Socialist Republic of Vietnam is a contracting party, traders shall have the following rights to use services:

a/ To use services provided in the Vietnamese territory by residents in Vietnam;

b/ To use services provided in the Vietnamese territory by non-residents in Vietnam;

c/ To use services provided in foreign territories by residents in Vietnam;

d/ To use services provided in foreign territories by non-residents in Vietnam.

3. The Government shall specify the residents and non-residents that are subject to the implementation of tax and import-export management policies toward various types of services.

Thus, to ensure your rights, you can enter into a contract of delivery of goods. However, to enter into a contract for delivery of goods - a service contract governed by the Commercial Law 2005, you must be a registered business organization. If you just set up a small shop without business registration, you can enter into a contract in accordance with the provisions of the 2015 Civil Code. Article 513 of the 2015 Civil Code provides for service contracts as follows:

Service contract is an agreement between parties whereby the service provider performs work for the service user, the service user must pay for the service provider.

Best regards!