Cases of liability exemption for multimodal transport operators in Vietnam

Cases of liability exemption for multimodal transport operators in Vietnam (Internet image) 

Article 22 of Decree 87/2009/ND-CP stipulates cases of liability exemption for multimodal transport operators in Vietnam as follows: 

The multimodal transport operator is not liable for loss, damage or delay in delivery with respect to goods carried if he/she proves that the event which caused such loss, damage or delay occurred during that carriage is one or more of the following circumstances:

- Force majeure.

- Act or neglect of the consignor, the consignee or his/her representative or agent:

- Insufficient or defective packaging, marking, or numbering of the goods:

- Handling, loading, unloading, stowage of the goods effected by the consignor, the or his/ her representative or agent:

- Inherent or latent defect in the goods:

- Strike or lockouts or stoppage or restraint of labor, whether partial or general:

- With respect to the goods carried by sea or inland waterways, when such loss, damage or delay during such carriage has been caused by:

• Act, neglect or default of the master, mariner, pilot or the servant of the carrier in navigation or in the management of ship;

• Fire unless caused by the actual fault or privity of the carrier.

Note: In case loss or damage has resulted from unseaworthiness of the ship, the multimodal transport operator is not liable for such loss or damage if he/she can prove that due diligence has been exercised to make the ship seaworthy at the commencement of the voyage.

More details can be found in Decree 87/2009/ND-CP on multimodal transport, which comes into force from  December 15, 2009, and replaces Decree 125/2003/ND-CP.

Long Binh

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