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Chapter 5 - Legal

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3 views

Chapter 5 - Legal

Uploaded by

peternguyen310801
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SECTION 4.

LOGISTICS SERVICES

Article 233. Logistics services

Logistics services are commercial activities in which traders organize the implementation of one or more
tasks including receiving goods, transporting, storing, storing, carrying out customs procedures, other
paperwork, and consulting. Customer consultation, packaging, marking, delivery or other services
related to goods as agreed with the customer to receive remuneration. Logistics services are
transliterated in Vietnamese as logistics services.

Article 234. Conditions for logistics service business

1. Logistics service traders are enterprises that are qualified to conduct logistics service business
according to the provisions of law.

2. The Government regulates detailed conditions for logistics service business.

Article 235. Rights and obligations of traders providing logistics services

1. Unless otherwise agreed, traders providing logistics services have the following rights and obligations:

a) Receive service remuneration and other reasonable expenses;

b) During the implementation of the contract, if there is a legitimate reason for the benefit of the
customer, the logistics service trader may perform differently than the customer's instructions, but must
immediately notify the customer. ;

c) When a situation occurs that may lead to failure to carry out part or all of the customer's instructions,
the customer must be immediately notified to ask for instructions;

d) In case there is no agreement on a specific time limit for performing obligations with the customer,
the customer must perform its obligations within a reasonable time limit.

2. When transporting goods, traders providing logistics services must comply with the provisions of law
and transport practices.

Article 236. Rights and obligations of customers

Unless otherwise agreed, customers have the following rights and obligations:

1. Guide, inspect and supervise contract implementation;

2. Provide full instructions for traders providing logistics services;

3. Detailed, complete, accurate and timely information about goods for traders providing logistics
services;
4. Pack and mark goods according to the goods purchase and sale contract, unless there is an agreement
for a logistics service trader to undertake this work;

5. Compensate for damages and pay reasonable expenses incurred to traders providing logistics services
if that person has correctly followed his or her instructions or in case of his or her own fault;

6. Pay the logistics service trader all amounts due.

Article 237. Cases of liability exemption for traders providing logistics services

1. In addition to the cases of exemption from liability specified in Article 294 of this Law, traders
providing logistics services are not responsible for losses to goods arising in the following cases:

a) The loss is due to the fault of the customer or the person authorized by the customer;

b) Loss arising because the trader providing logistics services strictly follows the instructions of the
customer or the person authorized by the customer;

c) The loss is due to defects in the goods;

d) Losses arising in cases of exemption from liability according to the provisions of law and transport
practices if traders providing logistics services organize transport;

d) The trader providing logistics services does not receive notice of the complaint within fourteen days
from the date the trader providing logistics services delivers the goods to the recipient;

e) After being complained, the trader providing logistics services does not receive notice of being sued in
Arbitration or Court within nine months from the date of delivery.

2. Traders providing logistics services are not responsible for the loss of benefits that customers should
enjoy, for delays or for performing logistics services at the wrong location through no fault of their own.

Article 238. Limitation of liability

1. Unless otherwise agreed, the total liability of traders providing logistics services does not exceed the
limit of liability for total loss of goods.

2. The Government regulates in detail the liability limits for traders providing logistics services in
accordance with the provisions of law and international practices.

3. Traders providing logistics services do not enjoy the right to limit liability for damages if the person
with related rights and interests can prove that the loss, damage or late delivery of goods is due to the
trader's fault. logistics service provider intentionally acts or fails to act to cause loss, damage or delay or
acts or fails to act at risk and knows that such loss, damage or delay is certain. happen.

Article 239. Right to retain and dispose of goods


1. Traders providing logistics services have the right to retain a certain quantity of goods and documents
related to that quantity of goods to collect due debt from customers but must immediately notify in
writing. for customers.

2. After forty-five days from the date of notice of lien on goods or documents related to the goods, if the
customer does not pay the debt, the logistics service trader has the right to dispose of the goods or
documents. From there according to the provisions of law; In case the goods show signs of damage, the
logistics service trader has the right to dispose of the goods as soon as any debt is due from the
customer.

3. Before disposing of goods, traders providing logistics services must immediately notify customers of
the disposition of those goods.

4. All costs of holding and disposing of goods are borne by the customer.

5. Merchants providing logistics services may use the proceeds from the disposal of goods to pay
amounts owed by customers and related costs; If the proceeds from the disposition exceed the value of
the debts, the excess amount must be returned to the customer. From that point on, traders providing
logistics services are not responsible for the goods or documents that have been disposed of.

Article 240. Obligations of traders providing logistics services when detaining goods

When the right to dispose of goods has not been exercised as prescribed in Article 239 of this Law,
traders providing logistics services that exercise the right to lien goods have the following obligations:

1. Preserve and preserve goods;

2. Do not use the goods without the consent of the party whose goods are detained;

3. Return the goods when the conditions for holding and disposing of the goods specified in Article 239
of this Law no longer exist;

4. Compensate for damages to the party whose goods are retained if the retained goods are lost or
damaged.

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