Rights and obligations of the transport trader in rail freight transport business in Vietnam

According to Circular No. 22/2018/TT-BGTVT of the Ministry of Transport of Vietnam, the transport trader is entitled to:

- refuse to transport the cargo that fails to comply with regulations on package, symbol, code and cargo prohibited from being transported;

- ask the transport buyer to or consignee to fully pay the freight and all costs incurred;

- ask the transport buyer to compensate for damage caused by his/her fault;

- ask for inspection of the cargo where necessary;

- store the cargo in case the transport buyer fails to make full payment for freight and costs incurred under the terms of the transport contract;

- ask the consignor and consignee to pay for prolonged occupancy of wagons;

- exercise other rights as prescribed in Clause 1 in Article 53 of the Law on Railway Transport of Vietnam.

Besides, the transport trader is also required to:

- carry the cargo to the destination and deliver it to the consignee under the terms of the transport contract;

- timely inform the transport buyer and consignee of cargo arrival or interruption of the transport;

- maintain the cargo in case the consignee refuse to receive it or the cargo fails to be delivered and inform the transport buyer;

- compensate to the transport buyer if causing loss, damage, quality or weight reduction of cargo or overdue shipment;

- enable the transport buyer to hire sufficient type of wagons required by the transport buyer;

- publicly inform the transport buyer of regulations regulated by the transport trader and the law before signing the transport contract;

- send periodic or irregular reports of statistic of the cargo transport works performed by the transport trader to the Vietnam Railway Authority as regulated;

- fulfill other obligations as prescribed in Clause 2 in Article 53 of the Law on Railway Transport of Vietnam.

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