Complaints and lawsuits in multimodal transport in Vietnam

Complaints and lawsuits in multimodal transport in Vietnam (Internet image) 

Complaints and lawsuits in multimodal transport in Vietnam are regulated in Chapter 8 of Decree 87/2009/ND-CP as follows:

+ Applicable law

All complaints and lawsuits relating to the performance of multimodal transport contracts, covering disputes founded in contract or in tort, shall be settled in accordance with Decree 87/2009/ND-CP and other relevant laws. 

+ Scope of complaints and lawsuits

All complaints and lawsuits against the multimodal transport operator relating to the performance of a multimodal transport contract shall be made against any servant, agent or other person whose services the multimodal transport operator has used to perform such contract, whether such complaints and lawsuits are founded in contract or in tort. The aggregate liability of the multimodal transport operator and his/her servants, agents or other persons will not exceed the limits prescribed in Article 24 of Decree 87/2009/ND-CP.

+ Time limit for complaints and 

 The time limit for complaints shall be agreed by the two parties in the multimodal transport contract. If no agreement is reached, the time limit for complaints is 90 days from the date the goods is completely delivered to the consignee under Clause 3, Article 20 of Decree 87/2009/ND-CP, or after the date on which the goods should have been delivered under the multimodal transport contract, or after the date specified at Point b. Clause 1, Article 21 of Decree 87/2009/ND-CP.

+ Statute of limitations for lawsuits

The statute of limitations for lawsuits is 9 months from the time the goods is completely delivered to the consignee under Clause 3, Article 20 of Decree 87/2009/ND-CP, or after the date on which the goods should have been delivered under the multimodal transport contract, or alter the dale specified at Point b. Clause I. Article 21 of Decree 87/2009/ND-CP.

+ Settlement of disputes

Disputes relating to the conclusion and performance of multimodal transport contracts shall be settled through negotiation between the involved parties, by arbitration or at court in accordance with law.

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

Long Binh

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