The Government has issued Decree 163/2017 / ND-CP regulating logistics services.
Loading and unloading of containerized cargo via Da Nang port. Photo: Tran Le Lam / VNA
This Decree regulates the conditions for doing business in logistics services and limits the liability of traders providing logistic services.
Accordingly, in terms of business conditions of logistics services, traders dealing in specific services belonging to logistics services must meet the investment and business conditions prescribed by law for such services.
Traders conducting part or all of the logistics business activities by means of electronic devices connected to the Internet, mobile telecommunications networks or other open networks, in addition to satisfying the provisions of law for epidemics It must comply with regulations on e-commerce.
The Decree also specifies the conditions for foreign investors doing business in logistics services.
Limitation of Liability
The decree also regulates the limits of liability for traders providing logistics services. Accordingly, the limit of liability is the maximum limit that a logistics service trader is liable to pay to the customer for losses incurred in the course of organizing the provision of logistic services. .
In cases where the relevant laws stipulate the limits of liability of traders providing logistic services, the provisions of relevant laws shall apply.
Where the relevant law does not provide for the limitation of liability, the liability of the logistics service trader shall be limited by the parties' agreement. In cases where the parties have no agreement, the following shall be applied: In cases where customers have no advance notice on the goods value, the maximum liability limit shall be VND 500 million for each claim; Where the customer has given advance notice of the value of the goods and is certified by a logistics service trader, the limit of liability shall not exceed the value of the goods.
The limitation of liability for cases where the business entity engaging in the business of logistic services performs many stages with different limitation of liability is to limit the responsibility of the stage with the highest limit of liability. The Decree takes effect on February 20,
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