Matter regarding validity of evidencing effect of multimodal transport documents in Vietnam

Matter regarding validity of evidencing effect of multimodal transport documents in Vietnam (Internet image) 

Matter regarding validity of evidencing effect of multimodal transport documents in Vietnam under Decree 87/2009/ND-CP is stipulated as follows:

Multimodal transport document means a document issued by the multimodal transport operator to evidence a multimodal transport contract, certifying that the operator has taken in charge of the goods and undertaken to deliver the goods according to the terms of that contract.

+ Evidencing effect of multimodal transport documents

• A multimodal transport document is prima facie evidence of the taking in charge of the goods for carriage by the multimodal transport operator as described in the document unless a contrary indication.

• In case a multimodal transport document is issued in a negotiable form and has been duly transferred to the consignee or from the consignee to a third party, if the consignee or the third party has relied on the description of the goods and acted thereon, the proof to the contrary shall not be accepted.

+ Reservation in multimodal transport documents

• If a multimodal transport document contains the particulars on the general nature, marks, number of packages or units, weight or quantity of the goods, and the multimodal transport operator or his/her representative knows or has reasonable grounds to doubt that the descriptions are untrue to the goods actually taken in charge, or it the multimodal transport operator or his/her representative has no proper equipment for examining such details, they shall write their reservations in the multimodal transport document, clearly stating the inaccurate description, the grounds for doubts or the lack of proper equipment for examination.

• If the multimodal transport operator or his/ her representative fails to write the reservations in the multimodal transport document on the apparent condition of the goods, such goods will be regarded as being in good apparent condition.

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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