Vietnam: 04 responsibilities for delivery and receipt of cargo on inland waterways

Delivery and receipt of cargo are carried out alongside watercraft. Watercraft side is the borderline for determination of responsibility for the cargo unless otherwise as agreed.

trách nhiệm khi giao, nhận hàng hóa trên đường thủy nội địa, 61/2015/TT-BGTVT

According to Circular No. 61/2015/TT-BGTVT of the Ministry of Transport of Vietnam, responsibilities for delivery and receipt of cargo on inland waterways are as follows:

- In case of loading, if cargo that lies within the range from watercraft side inwards (into the watercraft), responsibility shall be assumed by the transport trader; if cargo lies outside watercraft side, responsibility shall be assumed by the transport buyer;

- In case of unloading, if cargo that lies within the range from watercraft side inwards, responsibility shall be taken by the transport trader; if cargo lies outside watercraft side, such cargo is considered as having been delivered to cargo recipient and responsibility shall be assumed by the transport buyer;

- In case cargo is torn apart, broken or damaged during the loading and unloading, each party shall assume responsibility for what it has caused.

- In case loading/unloading is suspended for settlement of disputes on delivery and receipt, any party that causes the fault shall be responsible for the expenses arising.

Concurrently, Circular No. 61/2015/TT-BGTVT provides guidelines for handling of issues arising during loading/unloading, specifically as follows:

- In case of delivery by number of packages, if the packages are found intact or their lead seals untouched, the transport trader shall not bear any responsibility for payload and conditions of the contents.

- In case of delivery by number of packages, if the packages are found intact or their lead seals intact, the transport trader shall not assume any responsibility for payload and conditions of the contents.

View details at Circular No. 61/2015/TT-BGTVT of the Ministry of Transport of Vietnam, effective from January 01, 2016.

Le Hai

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