Vietnam: Is the consignor liable for the loss of the goods?

Vietnam: Is the consignor liable for the loss of the goods? (Internet image)

Article 26 of Decree 87/2009/ND-CP stipulates that the consignor is still responsible when sending goods in the following cases in Vietnam:

Firstly, the consignor is liable for any loss resulting from any inaccuracies in or inadequacies of information referred to in Article 25 of Decree 87/2009/ND-CP.

Secondly,  when the consignor or his/her representative fails to comply with the provisions of Clause 2, Article 25 of Decree 87/2009/ND-CP and the multimodal transport operator has no way to know the particulars and danger of such goods, the consignor shall indemnify the multimodal transport operator against any loss resulting from the carriage of such goods, even they may be unloaded, destroyed or rendered innocuous by the multimodal transport operator, as the circumstances may require, if dangerous goods become an actual danger to life or property.  In case the goods are unloaded, destroyed or rendered innocuous when they become an actual danger to life or property, the multimodal transport operator is not required to pay compensation, unless there is an obligation to contribute in general average, or when the multimodal transport operator is liable in accordance with Article 20 of Decree 87/2009/ND-CP.

Fourthly, the consignor shall indemnify the multimodal transport operator against any loss resulting from any inaccuracies in or inadequacies of information specified in Article 25 of Decree 87/2009/ND-CP.

Finally, The consignor shall remain liable for all the losses even if the multimodal transport document has been transferred by him/her.

More details can be found in Decree 87/2009/ND-CP on multimodal transport, which comes into force from December 15, 2009, and annuls Decree 125/2003/ND-CP.

Long Binh

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