| THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness --------- |
| No. 87/2009/ND-CP | Hanoi, October 19, 2009 |
DECREE
ON MULTIMODAL TRANSPORT
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the June 14, 2005 Maritime Code of Vietnam;
Pursuant to the November 13, 2008 Law on Road Traffic;
Pursuant to the June 29, 2006 Law on Vietnam Civil Aviation;
Pursuant to the June 15, 2004 Law on Inland Waterway Navigation;
Pursuant to the June 14, 2005 Law on Railways;
Pursuant to the November 29, 2005 Enterprise Law;
Pursuant to the November 26, 2003 Law on Cooperatives;
Pursuant to the November 29, 2005 Investment Law;
Pursuant to the June 29, 2001 Customs Law and the June 14, 2005 Law Amending and Supplementing a Number of Articles of the Customs Law;
At the proposal of the Minister of Transport,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation and subjects of application
1. This Decree provides for multimodal transport, including international multimodal transport and domestic multimodal transport.
2. This Decree applies to registered multimodal transport businesses, including enterprises established under the enterprise and investment laws and cooperatives established under the law on cooperatives of Vietnam: and to organizations and individuals involved in multimodal transport business.
Article 2.
Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Multimodal transport means the carriage of goods by at least two different modes of transport on the basis of a multimodal transport contract.
2. International multimodal transport means multimodal transport from a place in Vietnam where the goods are taken in charge by the multimodal transport operator to a place designated for goods delivery in another country and vice versa.
3. Domestic multimodal transport means multimodal transport conducted within the Vietnamese territory.
4. Multimodal transport operator means an enterprise or a cooperative entering into, and taking accountability for the performance of. a multimodal transport contract.
5. Multimodal transport contract means a contract entered into by the consignor and the multimodal transport operator, under which the multimodal transport operator undertakes to provide the goods transport service and collect freight for the whole process of transport, from the place where the goods are taken in charge to the place where they are delivered to the consignee.
6. Multimodal transport document means a document issued by the multimodal transport operator to evidence a multimodal transport contract, certifying that the operator has taken in charge of the goods and undertaken to deliver the goods according to the terms of that contract.
7. Carrier means an organization or individual that performs or undertakes to perform the carriage or part thereof, whether that organization or individual is the multimodal transport operator or not.
8. Consignor means an organization or individual that enters into a multimodal transport contract with the multimodal transport operator.
9. Consignee means an organization or individual entitled to take in charge of the goods from the multimodal transport operator.
10. Taking in charge of goods means that the goods has been actually handed over to and accepted for carriage by the multimodal transport operator from the consignor or a person authorized by the consignor.
11. Delivery of goods means either of the following cases:
a/ The handing over of the goods to the consignee;
b/ The placing of the goods at the disposal of the consignee in accordance with the terms of the multimodal transport contract commercial law or applicable at the place of delivery;
c/ The handing over of the goods to an authority or other third party when so prescribed by the law applicable at the place of delivery.
12. Goods means any property (except real estate), including containers, pallets, or other similar articles of transport and packaging not supplied by the multimodal transport operator.
13. In writing means any of the following forms: telegraph, telex, fax or any other means which can be printed or recorded.
14. Endorsement means certification of the consignee or the person entitled to make certification after giving instructions on a multimodal transport document in a negotiable form for the delivery of the goods mentioned in such document to an identified person.
15. Special Drawing Right (SDR) means the unit of account defined by the International Monetary Fund. The exchange rate between SDR and Vietnam dong shall be announced by the State Bank of Vietnam on the basis of the exchange rate calculated and announced on a daily basis by the International Monetaiy Fund.
16. Latent defect means the defect of goods which cannot be detected merely through ordinary inspection of the apparent condition of the goods.
17. Force majeure cases mean objective, unforeseeable and irremediable events that occur although all necessary and possible measures have been taken.
18. Unimodal transport contract means a separate transport contract entered into by the multimodal transport operator and the carrier for a specific route under which only one mode of transport is used for the carriage of goods at the request of the multimodal transport operator.
Article 3.
Customs procedures
Goods in international multimodal transport are exempt from physical inspection by customs authorities, unless there are signs of transporting drugs, weapons and other banned commodities. The Ministry of Finance shall coordinate with the Ministry of Transport in specifying customs procedures for goods in multimodal transport.
Article 4.
State management of multimodal transport
1. The Government shall perform the unified state management of multimodal transport.
2. The Ministry of Transport shall perform the state management of multimodal transport and act as the focal point in assisting the Government in coordinating inter-branch activities and guiding the implementation of regulations on multimodal transport.
Chapter II
CONDITIONS AND GRANT OF LICENSES FOR INTERNATIONAL MULTIMODAL TRANSPORT BUSINESS
Article 5.
Conditions for international multimodal transport business
1. A Vietnamese enterprise or cooperative may conduct international multimodal transport business only when satisfying all the following conditions:
a/ Possessing a business registration certificate which covers the international multimodal transport business line;
b/ Maintaining minimum assets equivalent to SDR 80,000 or providing an equivalent guarantee;
c/ Having professional liability insurance for multimodal transport or providing an equivalent guarantee;
d/ Possessing a license for international multimodal transport business.
2. A foreign investor in Vietnam may conduct international multimodal transport business only when satisfying all the following conditions:
a/ Possessing an investment certificate which covers the international multimodal transport business line;
b/ Maintaining minimum assets equivalent to SDR 80.000 or providing an equivalent guarantee;
c/ Having professional liability insurance for multimodal transport or providing an equivalent guarantee;
d/ Possessing a license for international multimodal transport business.
3. An enterprise of a country being a contracting party to the ASEAN Framework Agreement on Multimodal Transport or an enterprise of a country which has signed a treaty on multimodal transport with Vietnam may conduct international multimodal transport business only when satisfying all the following conditions:
a/ Possessing a license for international multimodal transport business or an international multimodal transport business registration paper granted by a competent agency of that country;
b/ Having professional liability insurance for multimodal transport or having an equivalent guarantee;
c/ Possessing a license for international multimodal transport business granted by Vietnam.
4. The Minister of Transport shall manage and grant licenses for international multimodal transport business.
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