June 27, 2024, Hanoi passed the Road Law 2024, hereinafter are the regulations on consigned goods on car in Vietnam from 2025.
Regulations on consignment goods on passenger car in Vietnam from 2025 (Internet image)
According to Article 68 of the Law on Road 2024, regulations regarding consignment goods on passenger transport cars are specified as follows:
- consignment goods are goods sent by passenger transport cars where the sender does not accompany the shipment. This is executed based on an agreement between the transport business and the sender.
- Only accept transportation of goods with appropriate dimensions and weight for the vehicle, and which are not prohibited goods, dangerous goods, wild animals, odor-emitting goods, animals, or other goods that affect passengers' health or the environment.
- Persons with consignment goods must create a goods consignment declaration, detailing the name, quantity, and weight of the goods; the name, address, and personal identification number of both the sender and recipient.
- The transport business unit is responsible for inspecting the consignment goods according to the goods consignment declaration and confirming the declaration. The declaration is made in two copies, one for each party.
- The recipient of the consignment goods must present identification when receiving the goods.
- Compensation for damage to consignment goods is implemented according to civil law and other relevant legal provisions, except in cases stipulated in Clause 7, Article 68 of the Law on Road 2024.
- The transport business unit is exempt from compensating for damage to consignment goods in the following cases:
+ Due to the natural characteristics or inherent defects of the consignment goods or allowable wear and tear;
+ Due to seizure or coercion by competent state agencies regarding the consignment goods;
+ Due to force majeure;
+ Due to the fault of the consignor, the escort of the consignor, or the recipient.
Thus, the above regulations specify some new provisions regarding consignment goods on passenger cars effective from January 1, 2025, when Article 68 of the Law on Road 2024 comes into effect. Notably, there are rules that, when consigning goods on passenger cars, citizens must create a goods consignment declaration, and the transport business unit must inspect and confirm the consignment goods on the declaration provided by the citizen.
Article 61 of the Law on Road 2024 stipulates the following regarding Commercial cargo transportation by car:
- The transport document is a paper to confirm that the driver has received the goods with specific quantity, type, and condition for transport to the delivery point; it serves as evidence of the goods transport contract.
- The goods transport business unit by car has the following responsibilities:
+ Managing the vehicle and driver or determining the fare for goods transport;
+ Organizing health checks for drivers and using drivers who meet health standards as prescribed by law;
+ Applying information technology to manage operations and provide data on transport activities as prescribed by law;
+ Being liable or jointly liable for the consequences caused by employees or representatives of the goods transport business unit by car who act according to the unit's instructions in violation of law;
+ Being liable or jointly liable for the violations committed by employees or representatives of the goods transport business unit by car as prescribed by law.
- Commercial cargo transportation by car is carried out according to the regulations in Article 56 of the Law on Road 2024, fulfilling all requirements and conditions to ensure road traffic order and safety as prescribed by road traffic law and other relevant legal provisions. When transporting goods by road, a transport document must be carried as prescribed by law.
- The Minister of Transport regulates the organization and management of goods transport activities by car.
- Ensuring smooth, safe traffic, synchronized and efficient connectivity, environmentally friendly, serving the needs of goods transport and convenient travel for people, contributing to socio-economic development, ensuring national defense, security, and environmental protection, disaster prevention, and international integration.
- Developing road traffic according to planning; efficiently utilizing resources; connecting road transport with other transportation methods; enhancing the application of advanced science and technology, ensuring civilization, modernity, and synchronization.
- Implementing uniformly on the basis of assigned responsibilities and authority, while having close coordination between Ministries, sectors, and local governments at all levels.
- All acts violating road traffic laws must be promptly detected, prevented, and strictly handled according to the law.
(Article 3 Law on Road 2024)
More details can be found in the Law on Road 2024, which comes into force in Vietnam from January 1, 2025, except for provisions in point a and point b, Clause 2, Article 42; Article 43; Article 50; Clause 1, Article 84, which are effective from October 1, 2024.
Le Nguyen Anh Hao
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