Vietnam: 09 cases of exemption from compensation liability for the loss, weight loss, damage or quality reduction of cargo

09:38, 10/08/2018

This is one of the basic contents of Circular No. 22/2018/TT-BGTVT of the Ministry of Transport of Vietnam issued on May 02, 2018. So, how are specific cases of exemption from compensation liability for the loss, weight loss, damage or quality reduction of cargo?

According to Article 53 of Circular No. 22/2018/TT-BGTVT of the Ministry of Transport of Vietnam, the transport trader shall not pay a compensation for the loss, weight loss, damage or quality reduction of cargo in the following cases:

1. Due to force majeure.

2. Due to inherent nature or defect of the cargo; due to characteristics of the cargo causing fire, degeneration, loss, rust or cracking; infected live animals.

3. The loss, weight loss, damage or quality reduction of the cargo accompanied by an escort not caused partly by the transport trader.

4. The cargo is packaged or loaded into the container by the transport buyer failing to meet technical requirements.

5. False declaration of the cargo's name or wrong symbol of the parcel.

6. Untouched seal or mark of the cargo sealed by the sender when unloading cargo or no trace of opening or unblocking of the wagon or container.

7. Untouched seal, thick lashing, intact packaging or sufficient quantity of the cargo loaded onto the open wagon; no trace of being opened or unblocked.

8. Weight loss, damage or quality reduction of cargo due to overdue receipt.

9. The loss, weight loss, damage or quality reduction of cargo in that it has been seized or forced to be inspected by the competent regulatory agencies.

Circular No. 22/2018/TT-BGTVT of the Ministry of Transport of Vietnam effective from July 01, 2018.

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