Types of contract for carriage of goods by sea in Vietnam

Types of contract for carriage of goods by sea in Vietnam (Internet image)

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

1. What is contract for carriage of goods by sea?

According to Clause 1, Article 145 of Vietnam Maritime Code 2015, contract for carriage of goods by sea refers to an arrangement between a carrier and shipper under which the carrier is paid freight by the charterer and uses a ship to carry goods from the port of loading to the port of discharge.

In addition, according to Clause 2, Article 145 of Vietnam Maritime Code 2015, goods refer to machinery, equipment, raw materials, bunkers, consumer goods and other movable property, including live animals, and containers or similar articles of transport provided by the consignor to consolidate goods carried under a contract for carriage of goods by sea.

2. Types of contract for carriage of goods by sea in Vietnam

Types of contract for carriage of goods by sea in Vietnam according to Article 146 of the Vietnam Maritime Code 2015 include:

- Bill of lading contract refers to a contract for carriage of goods by sea concluded to include terms and conditions whereby the carrier is not bound to provide the whole or a specified part of a ship for the shipper, but relies on the nature, quantity, size or weight of goods for carriage purposes.

The bill of lading contract shall be concluded in the form agreed upon between parties.

- Voyage charter-party refers to a contract for carriage of goods by sea concluded to include terms and conditions whereby the carrier is bound to provide the whole or a specified part of a ship for the shipper with the purpose to carry goods on a voyage.

The voyage charter-party must be concluded in writing.

3. Parties to the contract for carriage of goods by sea in Vietnam

According to Article 147 of the Vietnam Maritime Code 2015, the parties to the contract for carriage of goods by sea are as follows:

- The shipper (sometimes referred to as consignor) refers to a person who concludes on his own, or authorizes other person to conclude the contract for carriage of goods by sea with a carrier. For the purposes of a bill of lading contract, the shipper is called the shipper.

- The carrier refers to a person who concludes on his own, or authorizes other person to conclude the contract for carriage of goods by sea with the shipper.

- The actual carrier refers to a person authorized by the carrier to perform the whole or a part of carriage of goods by sea.

- Consignor (sometimes referred to as shipper) refers to a person who delivers on his own, or is entrusted by other person to deliver goods under a contract for carriage of goods by sea.

- Consignee refers to a person who is entitled to receive goods in accordance with Article 162 and 187 of the Vietnam Maritime Code 2015.

4. Transport document in the contract for carriage of goods by sea in Vietnam

Transport document in the contract for carriage of goods by sea according to Article 148 of the Vietnam Maritime Code 2015 are as follows:

- Transport document includes bill of lading, through bill of lading, sea waybill and other transport documents. Form of a bill of lading, through bill of lading shall be issued by an enterprise and must be sent for storage purposes to maritime state authorities.

- Bill of lading refers to a transport document used as evidence that the carrier has received goods of which quantity, nature and condition are consistent with those specified in that bill of lading for the purpose of carrying such goods to the place of discharge;

Evidence of ownership of the goods which is considered as a manner of disposing of, receiving the goods, and as evidence for a contract for carriage of goods by sea.

- Through bill of lading refers to a bill of lading clearly stating that carriage of goods is performed by at least two sea carriers.

- Sea waybill is used as evidence that the goods are received as aforesaid stated in a sea waybill; evidence for a contract for carriage of goods by sea. Sea waybill is non-negotiable.

- Other transport documents refer to any document of which contents and value are agreed upon by the carrier and shipper.

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