Vietnam: Guidelines for handling of issues arising during the transport of cargo on inland waterways

Specifically, according to Article 10 of the Circular No. 61/2015/TT-BGTVT of the Ministry of Transport of Vietnam, handling of issues arising during the transport is guided as follows:

Case 1: In case cargo shows signs of burning up, leakage or breaking to pieces, the transport trader must take appropriate measures to protect people, cargo and vehicles including removal of part or all of the cargo and at the same time establish a written record confirmed by the escort (if any), local authorities or waterway traffic police or inland waterway port authorities or marine port authorities (hereinafter referred to as 'the port authorities') where the problem arises and make a written notification to the transport buyer. Any expenses arising shall be incurred by the party that has caused the problem. If neither party has caused the problem or as a result of force majeure events, each party shall be responsible for the level of damage caused to its own part.

Case 2: In case cargo is found inconsistent with the transport buyer’s declaration:

- Before the shipping: If the cargo is among dangerous or banned-from-transport types, the transport trader must put it ashore and make a written notification to the port authorities or competent agencies for handling as prescribed. The transport buyer shall be responsible for all expenses arising;

- During the shipping: If the cargo is among normal types, the transport trader shall make a written notification to the transport buyer and continue transportation to the destination and all expenses arising (if any) shall be incurred by the transport buyer; if the cargo is among dangerous or banned-from-transport types, the transport trader shall make a written notice to the transport buyer for handling; the transport buyer shall be responsible for all expenses and damage caused to the transport trader as well as other expenses for damage caused by transport of dangerous cargo, and the transport trade should make a written notice to the port authorities or competent agencies at arrival port for handling as prescribed.

Note: If the transport vehicle is under a requisition order by competent agencies, the vehicle driver should make a written notice to the transport trader and transport buyer for coordination. Any problem arising as a result of the requisition of the vehicle shall be handled according to applicable regulations.

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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