According to current regulations, how are the responsibilities of traders doing business in logistics services regulated? The cases are exempt from liability? Let’s find out with the legal consulting room of Lawyer X.
Legal grounds:
– Commercial Law 2005
– Decree 163/2017/ND-CP
Consulting content
The concept of logistics services
Concept:
+ Logistics service is a commercial activity whereby a trader organizes to perform one or more jobs including receiving goods, transporting, storing, storing, customs clearance, and other paperwork. customer consultation, packaging, marking, delivery, or other services related to goods as agreed with the customer for remuneration.
+ Therefore, to conduct logistics service business in Vietnam, traders need to meet the conditions for logistics service business prescribed by this law and related legal documents.
Logistics services are provided in Vietnam.
The logistics services provided include:
+ Container handling services, except services provided at airports.
+ Besides, container warehousing service belongs to sea transportation support services.
+ Thirdly, warehousing service is a service that supports all modes of transport.
+ Delivery service.
+ Cargo agency services.
+ Moreover, customs clearance agency services (including customs clearance services).
+ Lastly, other services agreed upon by the trader providing logistics services and the customer by the basic principles of the Commercial Law
+ etc.
Responsibilities of traders providing logistics services
The parties to a contract to provide logistics services can agree on responsibility if the law related to the supply contract does not provide. If there is no relevant legal document, and the parties to the contract do not reach an agreement, the 2005 Commercial Law stipulates the responsibilities of a trader providing logistics services as follows:
+ In case the customer does not have prior notice of the value of the goods, the maximum liability limit is VND 500 million for each claim.
+ Besides, in case the customer has been notified in advance of the value of the goods and is confirmed by the trader providing logistics services, the limit of liability will not exceed the value of such goods.
Note:
Liability limitation for the case where a trader providing logistics services organizes the performance of many stages with different regulations on limitation of liability, which is the limit of liability of the stage with the highest limit of liability.
See more:
Minimum charter capital when setting up a company in Vietnam
Conditions for foreign investors providing logistics services
Cases where traders providing logistics services are exempt from liability
Traders providing logistics services exempt from liability for violations specified in Article 294 of the 2005 Commercial Law.
In addition, Article 237 of the Commercial Law 2005; The following cases are exempted from liability for compensation for loss in logistics service provision activities:
+ Loss is caused by the fault of the customer or the person authorized by the customer;
+ Loss incurred because the trader providing logistics services strictly follows the instructions of the customer; or the person authorized by the customer;
+ The loss caused by a defect in the goods;
+ Then, loss arising in the cases where liability is exempted according to the provisions of law and transport practices if the trader providing logistics services organizes the transport;
+ After that, the trader providing logistics services does not receive a notice of the complaint within fourteen days from the date the trader providing logistics services delivers the goods to the recipient;
+ After being complained, the trader providing logistics services does not receive notice of being sued at Arbitration or Court within nine months from the date of delivery.
In addition, traders providing logistics services are not responsible for the loss of profits that should be enjoyed by customers, for delays; or for performing logistics services at the wrong place through no fault of their own.
Frequently asked questions
A trader providing logistics services has the right to hold a certain quantity of goods and documents related to such quantity of goods to collect the due debt of a customer but must immediately notify such in writing to the customer. row
After forty-five days from the date of notification of the seizure of goods or documents related to the goods, if the customer fails to pay the debt, the trader providing logistics services has the right to dispose of such goods or documents. according to regulations of the Law.
Services of Lawyer X
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service is always on time. The rights and interests of customers always come first.
Cost: Besides, Lawyer X’s service costs are highly competitive; depending on the nature of the particular case. We want our guests to have the best possible service experience. So, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all personal information of clients Lawyer X will be 100% confidential.
Please contact us immediately with questions about “Responsibilities of traders providing logistics services”
Contact LSX Lawfirm
Finally, we hope this article is useful for you to answer the question about: “Responsibilities of traders providing logistics services”. If you need any further information, please contact LSX Law firm: +84846175333 or Email: [email protected]
Conclusion: So the above is Responsibilities of traders providing logistics services in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
