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.
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.
For further details, Please see a reference translation at https://luatminhkhue.vn/en/decree/decree-no-87-2009-nd-cp-dated-october-19--2009-of-the-government-on-multimodal-transport.aspx
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