Gov't issues regulations on trade in logistics services
VGP – The Government has promulgated Decision No. 163/2017/ND-CP stipulating conditions for trade in logistics services, as well as the limitation of liability of those who trade in logistics services.
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In addition to complying with the legal regulations on specific services, the logistics traders who perform part of or all of their logistic business activities using electronic means connected to the Internet, mobile telecommunications networks or other open networks, must abide by regulations on e-commerce as well.
The decree also stipulates the specific requirements that should be met by foreign investors who trade in logistics services in Viet Nam.
Limitation of liability
The decree also stipulates the limitation of liability towards the traders of logistics services. Accordingly, the limitation of liability is the maximum amount of compensation that the traders of logistics services are obliged to offer to their customers in regards to the losses incurring in the process of implementing logistics services.
If relevant laws stipulate the limitation of liability of the traders of logistics services, the limitation of liability will be implemented in accordance with regulations of those relevant laws.
If the limitation of liability is not stipulated in relevant laws, it will be agreed by relevant parties. Without an agreement reach by relevant parties, the maximum limitation of liability will be VND500 million (US$22,000) for each request of compensation if customers are not informed of the value of goods in advance. If customers have already been informed of the value of goods, which is confirmed by the traders of logistics services, the limitation of liability will not exceed the value of that commodity.
If the traders of logistics services implement many stages with different limitations of liability, the limitation of liability will be that of the stage with the highest limitation of liability.
The decree takes effect on February 20, 2018.
By Vien Nhu
