Vietnam’s Circular 61: Compensations for cargo lost or damaged on inland waterways

According to Circular No. 61/2015/TT-BGTVT of the Ministry of Transport of Vietnam, compensations for cargo lost or damaged are prescribed as follows:

1. In case the cargo is damaged or lost by the fault of the transport trader, docker or attendant, compensations shall be made as follows:

- For cargo with value declared in the bill of lading, compensation should be made for the value declared; If actual damage is lower than declared value as proved by the transport trader, compensation for value of actual damage.

- For cargo without declaration of value in the bill of lading, compensation for average value of cargo of the same type in arrival area;

- According to the level as agreed by the two parties.

2. In case the damage or loss of cargo is caused partly by the transport trader, docker, attendant, compensate for the damage or loss it has caused; In case the damage or loss results in overall damage, compensate for the whole.

3. Apart from compensation for damage as prescribed in Clause 1 Article 22 of this Circular, the transport trader, docker, attendant shall return additional fees previously paid for the quantity of damaged cargo.

Concurrently, Circular No. 61/2015/TT-BGTVT stipulates that upon receipt of arrival notice from the transport trader, if the transport buyer fails to carry out loading/unloading according to the time as prescribed, the transport buyer shall pay a demurrage to the transport trader under the contract signed between the two parties.

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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