Cases of multimodal transport operator exempt from liability in Vietnam

Cases of multimodal transport operator exempt from liability in Vietnam (Internet image)

Regarding this problem, LawNet would like to answer as follows:

1. Who is the multimodal transport operator?

According to Clause 4, Article 2 of Decree 87/2009/ND-CP, multimodal transport operator means an enterprise or a cooperative entering into, and taking accountability for the performance of a multimodal transport contract.

2. Cases of multimodal transport operator exempt from liability in Vietnam

According to Article 22 of Decree 87/2009/ND-CP, the multimodal transport operator is not liable for loss, damage or delay in delivery with respect to goods carried if he/she proves that the event which caused such loss, damage or delay occurred during that carriage is one or more of the following circumstances:

- Force majeure.

- Act or neglect of the consignor, the consignee or his/her representative or agent:

- Insufficient or defective packaging, marking, or numbering of the goods:

- Handling, loading, unloading, stowage of the goods effected by the consignor, the or his/ her representative or agent:

- Inherent or latent defect in the goods:

- Strike or lockouts or stoppage or restraint of labor, whether partial or general:

- With respect to the goods carried by sea or inland waterways, when such loss, damage or delay during such carriage has been caused by:

= Act, neglect or default of the master, mariner, pilot or the servant of the carrier in navigation or in the management of ship:

= Fire unless caused by the actual fault or privity of the carrier.

In case loss or damage has resulted from unseaworthiness of the ship, the multimodal transport operator is not liable for such loss or damage if he/she can prove that due diligence has been exercised to make the ship seaworthy at the commencement of the voyage.

3. Limitation of liability of the multimodal transport operator in Vietnam

Limitation of liability of the multimodal transport operator as prescribed in Article 24 of Decree 87/2009/ND-CP is as follows:

- The multimodal transport operator:

= Shall in no event be or become liable for any loss of or damage to the goods in an amount exceeding the equivalent of SDR 666.67 per package or unit or SDR 2 per kilogram of gross weight of the goods lost or damaged, whichever is higher,

= Unless the nature and value of the goods have been declared by the consignor before the goods have been taken in charge by the multimodal transport operator and inserted in the multimodal transport document.

- In case in a container, pallet or similar article of transport is loaded with more than one package or unit, the packages or other shipping units enumerated in the multimodal transport document as packed in such article of transport shall be deemed packages or shipping units.

In other cases, such container, pallet or article of transport or packaging shall be considered the package or unit.

- If a multimodal transport contract does not include carriage by sea or inland waterways, the liability of the multimodal transport operator shall be limited to an amount not exceeding SDR 8.33 per kilogram of gross weight of the goods lost or damaged.

- When the loss of or damage to the goods occurred during one particular stage of the multimodal transport, in respect of which an applicable treaty or national law would have provided another limit of liability if a separate contract had been made for that particular stage of transport, then the limit of the multimodal transport operator's liability for such loss or damage shall be determined by reference to such treaty or national law.

- If the multimodal transport operator is liable in respect of loss following delay in delivery or consequential loss or damage other than loss of or damage to the goods, his/her liability shall be limited to an amount not exceeding the equivalent of the freight under the multimodal transport contract.

- The aggregate liability of the multimodal transport operator shall not exceed the limits of liability for total loss of the goods.

- The multimodal transport operator is not entitled to the benefit of limitation of liability if it is proved by the person with related interests that the loss, damage or delay in delivery resulted from a personal actor omission of the multimodal transport operator done with the intent to cause such loss, damage or delay or recklessly and with knowledge that such loss, damage or delay would probably result.

Vo Van Hieu

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