Vietnam: Dispute settlement in case the checked baggage is fired, leaked or damaged during a journey on waterways

According to Article 17 of Circular No. 80/2014/TT-BGTVT of the Ministry of Transport of Vietnam, in case the checked baggage is fired, leaked or damaged during a journey, the carrier is obliged to notify and collaborate with the passenger who is the owner of such baggage to take immediate measures to control these accidents to protect the passenger, goods and transport. When taking such controlling measures, if there is any damage that may arise, the written confirmation signed by the owner of such baggage and representative of the passengers must be made.   All incurred expenses shall be covered by the defaulting party. If both parties are found with no default, each party shall be responsible for their own expenses and loss.

As regards any force majeure that may happen, if the carrier realizes that the safety standard is not met, they have the right to move part or all of luggage away from their transport; those who carry their luggage shall have to protect their own luggage; each party shall be solely responsible for their own expenses or loss.

In case the shipping channel is congested, the carrier must notify and collaborate with the passenger in taking the following measures:

- If the carrier realizes that such congestion may cause the passenger to wait, affect the passenger’s trip and health, the carrier must arrive at the nearest passenger terminal and help disembark passengers and their luggage; assist the passenger in continuing their trip on another transport. The carrier shall be permitted to collect the fare and charge for the actual distance at which their transport has traveled;

- In case the transport has to head back to the departing port or terminal, the carrier shall only be entitled to collect the fare and charge for the distance at which their transport has traveled (exclusive of the return-trip ticket);

- In case there is any transloading of passengers and luggage to avoid the congestion area, the carrier must undertake all transloading activities and be liable to all incurred expenses;

- In case the transport has to wait until the congestion is solved, the carrier must notify the passenger of this; if the passenger wishes to leave the trip, the sailor must make every effort to get their passenger ashore.

View more at Circular No. 80/2014/TT-BGTVT of the Ministry of Transport of Vietnam, effective from February 15, 2015.

Thu Ba

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE