Limitation of liability of the multimodal transport operator in Vietnam

Limitation of liability of the multimodal transport operator in Vietnam (Internet image)

Article 24 of Decree 87/2009/ND-CP stipulates limitation of liability of the multimodal transport operator in Vietnam as follows:

• The multimodal transport operator shall in no event be or become liable for any loss of or damage to the goods in an amount exceeding the equivalent of SDR 666.67 per package or unit or SDR 2 per kilogram of gross weight of the goods lost or damaged, whichever is higher, unless the nature and value of the goods have been declared by the consignor before the goods have been taken in charge by the multimodal transport operator and inserted in the multimodal transport document.

• In case in a container, pallet or similar article of transport is loaded with more than one package or unit, the packages or other shipping units enumerated in the multimodal transport document as packed in such article of transport shall be deemed packages or shipping units. In other cases, such container, pallet or article of transport or packaging shall be considered the package or unit.

• If a multimodal transport contract does not include carriage by sea or inland waterways, the liability of the multimodal transport operator shall be limited to an amount not exceeding SDR 8.33 per kilogram of gross weight of the goods lost or damaged.

• When the loss of or damage to the goods occurred during one particular stage of the multimodal transport, in respect of which an applicable treaty or national law would have provided another limit of liability if a separate contract had been made for that particular stage of transport, then the limit of the multimodal transport operator's liability for such loss or damage shall be determined by reference to such treaty or national law.

• If the multimodal transport operator is liable in respect of loss following delay in delivery or consequential loss or damage other than loss of or damage to the goods, his/her liability shall be limited to an amount not exceeding the equivalent of the freight under the multimodal transport contract.

Note:

• The aggregate liability of the multimodal transport operator shall not exceed the limits of liability for total loss of the goods.

• The multimodal transport operator is not entitled to the benefit of limitation of liability if it is proved by the person with related interests that the loss, damage or delay in delivery resulted from a personal actor omission of the multimodal transport operator done with the intent to cause such loss, damage or delay or recklessly and with knowledge that such loss, damage or delay would probably result.

More details can be found in Decree 87/2009/ND-CP on multimodal transport, which comes into force from 15/12/2009 and annuls Decree 125/2003/ND-CP.

Long Binh

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