Decree No. 125/2003/NĐ-CP on International Multimodal Transport

DECREE OF THE GOVERNMENT

On international multimodal transport

_________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Vietnam Maritime Code dated June 30, 1990;

Pursuant to the Civil Aviation Law of Vietnam dated December 26, 1991 and the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam dated April 30, 1995;

Based on the State Enterprise Law dated April 20, 1995;

Pursuant to the Cooperative Society Law dated March 20, 1996;

Pursuant to the Law on Encouraging Domestic Investment dated May 20, 1998;

Pursuant to the Enterprise Law dated June 12, 1999;

Pursuant to the Law on Foreign Investment in Vietnam dated November 12, 1996 and the Law Amending and Supplementing Certain Provisions of the Law on Foreign Investment in Vietnam dated June 9, 2000;

Pursuant to the Customs Law dated June 29, 2001;

WHEREAS, the Road Traffic Law dated June 29, 2001;

At the proposal of the Minister of Transport,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of regulation, applicable subjects

1. This Decree stipulates the activities of international multimodal transport of organizations and individuals of Vietnam; foreign organizations and individuals investing in Vietnam and foreign enterprises registered to operate international multimodal transport according to Vietnamese law.

2. In case an international treaty to which Vietnam is a party provides otherwise than this Decree, such provisions shall be implemented in accordance with the provisions of that international treaty.

Article 2. Definitions

In this Decree, the following terms are understood as follows:

1. "International multimodal transport" (hereinafter referred to as multimodal transport) means the carriage of goods by at least two different modes of transport based on a multimodal transport contract from the place where the multimodal transport business operator receives the goods in one country to a designated place for delivery of the goods in another country.

2. "Multimodal transport operator" is an enterprise that enters into a multimodal transport contract, undertakes responsibility for performing the contract without being an agent or representative of the consignor or acting on behalf of the carrier in the performance of multimodal transport operations.

3. "Multimodal transport contract" is a document under which the multimodal transport operator commits to perform or organize the performance of multimodal transport and is entitled to payment of freight charges.

4. "Multimodal transport document" is a document issued by the multimodal transport operator, serving as evidence of the multimodal transport contract, confirming that the multimodal transport operator has received the goods for carriage and commits to deliver those goods in accordance with the terms of the contract signed.

5. "Carrier" is a person who performs or commits to perform part or all of the carriage, whether or not that person is a multimodal transport operator.

6. "Consignor" is the person who enters into a multimodal transport contract with the multimodal transport operator.

7. "Consignee" is the person entitled to receive the goods from the multimodal transport operator.

8. "Reception of goods" means the actual handing over of goods to the multimodal transport operator by the consignor or by a person authorized by the consignor and accepted by the multimodal transport operator for carriage.

9. "Delivery of goods" means one of the following cases:

a) Delivery of goods to the consignee;

b) Goods placed at the disposal of the consignee in accordance with the provisions of the multimodal transport contract or applicable laws or trade usages at the place of delivery;

c) Delivery of goods to a public authority or a third party as required by applicable laws at the place of delivery.

10. "Goods" means any property, including containers, pallets or similar packing equipment, not provided by the multimodal transport operator.

11. "In writing" means one of the following forms: telegram, telex, fax or any other means of printing, recording, reproducing or transmitting documents mechanically, electronically or by any device used for such purposes.

12. "Endorsement" means the confirmation by the consignee or by a person authorized to confirm after giving instructions on a negotiable multimodal transport document to transfer the goods mentioned in that document to a specified person.

13. "Special Drawing Rights" (SDR) is a unit of account established by the International Monetary Fund. The exchange rate of SDR against the Vietnamese Dong is published by the State Bank of Vietnam.

14. "Hidden defect" means defects in the goods that cannot be detected by a normal external examination of the goods.

15. "Force majeure" means circumstances occurring objectively, unforeseeably and unavoidably despite the application of all necessary measures within the scope of possibility.

Article 3. Customs Procedures

Multimodal transport goods are exempted from customs inspection. The Ministry of Finance shall prescribe customs procedures for multimodal transport goods.

Article 4. State Management of Multimodal Transport

1. The Government shall uniformly manage state affairs concerning multimodal transport.

2. The Ministry of Transport shall implement state management functions concerning multimodal transport, serve as the focal point to assist the Government in coordinating inter-ministerial activities and guide the implementation of regulations related to multimodal transport operations.

Chapter II

MULTIMODAL TRANSPORT BUSINESS CONDITIONS

Article 5. Article 1. Business Conditions for Multimodal Transport

Vietnamese enterprises, foreign-invested enterprises in Vietnam, or foreign enterprises may only engage in multimodal transport business after obtaining a Multimodal Transport Business License or an Investment License in the field of multimodal transport business from the competent authority (hereinafter referred to collectively as the License).

Article 6Conditions for issuing the Permit

Clause 1. Organizations and individuals of Vietnam meeting all of the following conditions shall be granted a Multimodal Transport Business License:

a) They must be Vietnamese enterprises holding a Multimodal Transport Business Registration Certificate;

b) They must have multimodal transport liability insurance or a bank guarantee for the multimodal transport business operator regarding losses due to damage, loss, delayed delivery, and other risks;

c) They must have assets equivalent to at least 80,000 SDR or an equivalent guarantee.

Clause 2. Foreign organizations and individuals investing in Vietnam meeting all of the following conditions shall be granted an Investment License in the field of multimodal transport business:

a) They must meet the requirements stipulated by Vietnamese laws on foreign investment.

b) They must have multimodal transport liability insurance or a bank guarantee for the multimodal transport business operator regarding losses due to damage, loss, delayed delivery, and other risks;

c) They must have assets equivalent to at least 80,000 SDR or an equivalent guarantee.

Clause 3. Foreign enterprises not falling under the provisions of Clause 2 of this Article, meeting all of the following conditions shall be granted a Multimodal Transport Business License:

a) They must be enterprises of ASEAN member countries that have signed the ASEAN Framework Agreement on Multimodal Transport or enterprises of countries that have signed bilateral or multilateral agreements with Vietnam on multimodal transport;

b) They must hold a Multimodal Transport Business Registration Certificate issued by the competent authority of their country and legalized by consular authentication;

c) They must have a legal representative in Vietnam as a Vietnamese transport enterprise or transport agent, and in the case of a foreign-invested enterprise, the Vietnamese share contribution must be no less than 51%.

Article 7. Licensing Procedures

Clause 1. Vietnamese enterprises specified in Clause 1 of Article 6 of this Decree shall submit an application for a Multimodal Transport Business License to the Ministry of Transport. The application package includes:

a) An application form for a Multimodal Transport Business License as prescribed by the Ministry of Transport;

b) A certified copy of the Business Registration Certificate;

c) A declaration of assets of the enterprise or equivalent guarantee documents;

d) A certified copy of the liability insurance contract or a certified copy of the bank guarantee letter.

Clause 2. Foreign organizations and individuals investing in Vietnam specified in Clause 2 of Article 6 of this Decree shall submit an application for an Investment License in the field of multimodal transport business to the Ministry of Planning and Investment. The application package includes:

a) Documents as prescribed by Vietnamese laws on foreign investment;

b) A declaration of assets of the enterprise or equivalent guarantee documents;

c) A certified copy of the liability insurance contract or a certified copy of the bank guarantee letter.

Clause 3. Foreign enterprises specified in Clause 3 of Article 6 of this Decree shall submit an application for a Multimodal Transport Business License to the Ministry of Transport. The application package includes:

a) An application form for a Multimodal Transport Business License as prescribed by the Ministry of Transport;

b) A certified copy of the Multimodal Transport Business Registration Certificate issued by the competent authority of their country and legalized by consular authentication;

c) An agency agreement with a Vietnamese enterprise as specified in Point c, Clause 3 of Article 6 of this Decree.

Clause 4. Within sixty days from the date of receipt of complete and valid applications, the Ministry of Transport shall review and issue a Multimodal Transport Business License to the entities specified in Clauses 1 and 3 of Article 6 of this Decree. In cases where a license is not issued, a clear written explanation must be provided within the aforementioned time limit.

The Ministry of Transport shall specify detailed procedures for reviewing applications and issuing Multimodal Transport Business Licenses.

Clause 5. Within sixty days from the date of receipt of complete and valid applications, the Ministry of Planning and Investment shall issue an Investment License in the field of multimodal transport business to the entities specified in Clause 2 of Article 6 of this Decree after receiving approval from the Ministry of Transport. In cases where a license is not issued, a clear written explanation must be provided within the aforementioned time limit.

The procedures for reviewing applications and issuing Investment Licenses in the field of multimodal transport business shall be carried out in accordance with the laws on foreign investment.

Clause 6. The licensing authority may collect fees as prescribed by the Ministry of Finance.

Article 8. Revocation of Licenses

Clause 1. The licensing authority has the right to revoke the License if the multimodal transport business operator violates any of the following circumstances:

a) Violating the conditions or procedures for issuing the License as stipulated in Articles 6 and 7 of this Decree;

b) Not performing at least one multimodal transport contract within one year from the date of issuance of the License.

Clause 2. The License will be temporarily revoked for a period of six months if the multimodal transport business operator violates for the first time as stipulated in Clause 1 of this Article and will be permanently revoked if the violation occurs again.

Chapter III

MULTIMODAL TRANSPORT DOCUMENTS

Article 9. Issuance of Multimodal Transport Documents

Clause 1. When the multimodal transport business operator receives goods, they must issue a multimodal transport document in either negotiable or non-negotiable form, depending on the sender's choice, except when the multimodal transport contract specifies otherwise.

Clause 2. The multimodal transport document must be signed by the multimodal transport business operator or by someone authorized by the multimodal transport business operator.

Clause 3. The signature on the multimodal transport document can be a handwritten signature, a facsimile signature, perforated signature, stamped signature, symbol, or any other mechanical or electronic means as prescribed by current laws.

Clause 4. The format of the multimodal transport document must be registered with the Ministry of Transport.

Article 10. Types of Multimodal Transport Documents

Clause 1. A negotiable multimodal transport document shall be issued in one of the following forms:

a) Bearer;

b) Order;

c) Order of the named person on the original document.

2. A non-negotiable multimodal transport document shall be issued in the form of consignee named.

Article 11. Negotiation of multimodal transport document

The negotiation of multimodal transport document shall be carried out in accordance with the following provisions:

1. For the "To Order" form: no endorsement is required;

2. For the "To Order of" form: endorsement is required;

3. For the "To Order of Named Party" form: endorsement by the named party in the original document is required.

Article 12. Contents of multimodal transport document

1. A multimodal transport document shall include the following main contents:

a) General natural characteristics of the goods; necessary signs, codes to identify the goods; hazardous or perishable nature of the goods; number of packages or pieces; gross weight of the goods or quantity of goods described otherwise.

All such details shall be provided by the shipper;

b) External condition of the goods;

c) Name and principal place of business of the multimodal transport operator;

d) Name of the shipper;

đ) Name of the consignee if specified by the shipper;

e) Place and date when the multimodal transport operator receives the goods;

g) Place of delivery of the goods;

h) Date or deadline for delivery at the place of delivery, if agreed upon by the parties involved;

i) Indication whether the multimodal transport document is negotiable or non-negotiable;

k) Signature of the multimodal transport operator or of the person authorized by the multimodal transport operator;

l) Freight charges for each mode of transport if agreed upon by the parties involved, or freight charges, currency for payment of freight charges that the consignee will pay, or other description of freight charges to be paid by the consignee;

m) Intended route, mode of transport for each leg and transshipment points if known at the time of issuance of the multimodal transport document;

n) Other details agreed upon by the parties involved to be included in the multimodal transport document, provided they do not contravene the law.

2. The absence of one or more of the details referred to in Clause 1 of this Article shall not affect the legal validity of the multimodal transport document.

Article 13. Evidence value of multimodal transport document

1. A multimodal transport document is prima facie evidence that the multimodal transport operator has received the goods for carriage as stated in the multimodal transport document, unless the contrary is proven.

2. In case the multimodal transport document is issued in a negotiable form and has been properly transferred to the consignee or from the consignee to a third party, and if the consignee or third party has relied on the description of the goods and acted accordingly, then the contrary proof shall not be accepted.

Article 14. Reservation in multimodal transport document

1. If the multimodal transport document contains details about general characteristics, signs, codes, number of packages or pieces, weight or quantity of goods which the multimodal transport operator or the person authorized by the multimodal transport operator knows or has reasonable grounds to doubt are inaccurate descriptions of the actual goods received, or if the multimodal transport operator or the person authorized by the multimodal transport operator does not have reasonable means to check those details, they shall record a reservation in the multimodal transport document stating the inaccurate description, basis for doubt, or lack of reasonable means to check.

2. If the multimodal transport operator or the person authorized by the multimodal transport operator does not record a reservation on the multimodal transport document regarding the external condition of the goods, it shall be deemed that the goods are in good external condition.

Chapter IV

LIABILITY OF MULTIMODAL TRANSPORT OPERATOR

Article 15. Period of liability

The multimodal transport operator shall be liable for the goods from the time of receipt until the time of delivery to the consignee.

Article 16. Liability towards employees, agents or carriers

1. The multimodal transport operator shall be liable for all acts and omissions of its employees or agents when acting within the scope of their employment, or for all acts and omissions of any other person whose services are used by the multimodal transport operator to perform the multimodal transport contract.

2. In case the multimodal transport operator enters into a single transport contract with a carrier, the specific law of that single transport shall apply.

Article 17. Liability for delivery of goods

1. The multimodal transport operator undertakes to perform or organize the performance of all necessary actions to ensure the delivery of goods to the person entitled to receive them.

2. When the multimodal transport document is issued in a negotiable form, depending on the form of the document, the delivery of goods shall be regulated as follows:

a) For the "To Order" form, the goods shall be delivered to the person presenting an original of the document;

b) For the "To Order of" form, the goods shall be delivered to the person presenting an original of the document duly endorsed;

c) For the "To Order of Named Party" form, the goods shall be delivered to the person who proves themselves to be the named party in the document and presents an original of the document. If the document has been converted to the "To Order of" form, the delivery of goods shall be regulated as provided in point b, Clause of this Article.

3. When the multimodal transport document is issued in a non-negotiable form, the goods shall be delivered to the person named as the consignee in the document, when that person proves themselves to be the named consignee in the document.

4. When the multimodal transport contract provides that no document shall be issued, the goods may be delivered to a person designated by the consignor or by a person authorized by the consignor or by a person authorized by the consignee as stipulated in the multimodal transport contract.

5. After the multimodal transport operator has delivered the goods to the person presenting an original multimodal transport document, the other originals of the document shall lose their value for delivery purposes.

Article 18. Liability for loss due to damage, deterioration, or delayed delivery

1. The multimodal transport operator shall be liable for loss caused by the loss, deterioration, or delayed delivery of the goods if such event occurs within the time limit and scope of liability prescribed in this Decree, unless the multimodal transport operator proves that it, its servants, agents, or any other person specified in Article 16 of this Decree have taken reasonable measures to avoid the adverse consequences.

2. The multimodal transport operator shall be liable for payment of inspection costs, even if requested by the consignee, unless it proves that the loss or deterioration of the goods was outside its scope of liability. In other cases, the party requesting the inspection shall bear the inspection costs.

3. The multimodal transport operator shall not be liable and shall be deemed to have delivered the goods in accordance with the multimodal transport document if the consignee does not notify the multimodal transport operator in writing about the loss or deterioration of the goods within one day from the date of receipt. If the loss or deterioration cannot be detected from the outside, the consignee must notify the multimodal transport operator in writing within six days (including holidays and weekends) from the date of delivery of the goods. In cases where the goods have been inspected at the request of the consignee or the multimodal transport operator before delivery, there is no need for a written notification.

4. The multimodal transport operator shall be liable for subsequent loss due to delayed delivery when the consignor has made a written request for timely delivery and such request has been accepted by the multimodal transport operator.

Article 19Time limit for delivery and deemed loss of goods

1. Delivery shall be considered late if any of the following circumstances occur:

a) The goods are not delivered within the agreed period in the multimodal transport contract.

b) Where there is no agreement in the multimodal transport contract, the goods are not delivered within a reasonable time required, taking into account the efforts made by the multimodal transport operator to deliver the goods under the specific circumstances of each case.

2. Goods shall be considered lost if they are not delivered within ninety days (including holidays and weekends) after the agreed delivery date in the contract or within a reasonable time as provided in point b, Clause 1 of this Article, unless the multimodal transport operator can prove otherwise.

Article 20. Exemption from liability

Despite the provisions of Clause 1 of Article 16, Clause 1 and Clause 4 of Article 18 of this Decree, the multimodal transport operator shall not be liable for loss, deterioration, or delayed delivery of goods transported if it proves that the cause of the loss, deterioration, or delay during transportation is due to one or more of the following reasons:

1. Force majeure;

2. Acts or negligence of the consignor, consignee, authorized person, or their agent;

3. Insufficient or defective packaging, marking, coding, or numbering of the goods;

4. Loading, unloading, or stowing of goods in the ship's hold carried out by the consignor, consignee, authorized person, or their agent;

5. Concealment or inherent nature of the goods;

6. Strike, lockout, or prevention of the use of part or all of the workforce;

7. For goods transported by sea or inland waterways, if loss, deterioration, or delay occurs during transportation due to:

a) Acts, negligence, or errors of the master, crew, pilot, or servants of the carrier in managing or operating the vessel;

b) Fire, except when caused intentionally or by collusion by the carrier.

If the loss or deterioration of the goods during transportation mentioned in this clause is due to the vessel being unable to sail adequately at the beginning of the voyage, the multimodal transport operator shall still not be liable if it proves that the vessel was seaworthy at the start of the voyage.

Article 21. Calculation of compensation

1. The calculation of compensation for loss or deterioration of goods shall be based on the value of the goods at the place and time of delivery to the consignee or at the place and time when the goods should have been delivered according to the provisions of the multimodal transport contract.

2. The value of the goods shall be determined according to the current market price of the goods; if there is no such price, then according to the current market price; if there is no transaction price or market price, the average value of similar goods of the same quality shall be referred to.

Article 22. Limitation of liability of the multimodal transport operator

1. The multimodal transport operator shall only be liable for loss or deterioration of goods in any case up to a maximum equivalent to 666.67 SDR per package or unit or 2.00 SDR per kilogram of gross weight of the lost or deteriorated goods, whichever is higher, unless the nature and value of the goods were declared by the consignor before the multimodal transport operator received the goods for transportation and recorded in the multimodal transport document.

2. In case multiple consignments or units are packed in a container, pallet, or equivalent packing means listed on the multimodal transport document, they shall be considered as separate consignments or units. In other cases, the container, pallet, or equivalent packing means shall be considered as a single consignment or unit.

3. Notwithstanding the provisions of Clause 1 and Clause 2 of this Article, if the multimodal transport contract does not include sea or inland waterway carriage, the carrier's liability is limited to an amount not exceeding 8.33 SDR per kilogram of gross weight of the goods lost or damaged.

4. If loss or damage occurs during a specific stage of multimodal transport where international conventions or national laws provide for a different limitation of liability, and if a separate contract of carriage has been concluded for that stage, the carrier's liability for loss or damage shall be governed by the provisions of such international convention or national law.

5. If the carrier is liable for losses due to delayed delivery or subsequent losses caused by delayed delivery which are not losses or damages to the goods themselves, the carrier's liability is limited to an amount not exceeding the freight charges payable under the multimodal transport contract.

6. The total liability of the multimodal transport operator shall not exceed the limitation of liability for total loss of the goods.

7. The multimodal transport operator shall not be entitled to limit its liability for compensation if the person with an interest proves that the loss, damage, or delay in delivery was caused by the multimodal transport operator acting or failing to act with intent to cause such loss, damage, or delay, or acting or failing to act recklessly and knowing that such loss, damage, or delay would certainly result.

Chapter V

LIABILITY OF THE CONSIGNEE

Article 23. Provision of information about the goods

1. The consignor or the person authorized by the consignor must ensure the provision of accurate information about the goods to the multimodal transport operator as follows:

a) Details relating to the goods to be entered in the multimodal transport document:

General characteristics, symbols, codes, quantity, weight, volume, and quality of the goods;

External condition of the goods.

b) Documents related to the goods as required by law or agreed upon in the sales contract.

2. When the consignor or the person authorized by the consignor hands over dangerous goods to the multimodal transport operator for carriage, in addition to the obligations set out in Clause 1 of this Article, the following provisions must also be complied with:

a) Provide the multimodal transport operator with necessary documents and instructions regarding the nature of the dangerous goods and preventive measures, if necessary;

b) Mark or label the dangerous goods according to the requirements of international conventions or current national laws;

c) Appoint a supervisor when it is mandatory for dangerous goods.

Article 24. Liability for loss of goods

1. The consignor shall be liable for loss of goods due to incomplete declaration or inaccurate or incomplete information provided about the goods in accordance with Article 23 of this Decree, whether intentionally or negligently.

2. If the consignor or the person authorized by the consignor fails to comply with the provisions of Clause 2 of Article 23 of this Decree, and the multimodal transport operator has no way to know the characteristics and dangerous nature of the goods, the consignor shall be liable to the multimodal transport operator for all damages caused by the carriage of such goods, including the costs incurred by the multimodal transport operator for unloading, destroying, or rendering harmless the goods, depending on the specific circumstances, if the dangerous goods become a real threat to people and property.

3. In the event that the goods are unloaded, destroyed, or rendered harmless when they become a real threat to people and property, the multimodal transport operator is not required to pay compensation, except when there is a contribution to common loss or when the multimodal transport operator is liable in accordance with Article 18 of this Decree.

4. The consignor must compensate the multimodal transport operator for losses caused by inaccurate or incomplete information as prescribed in Article 23 of this Decree.

5. The consignor shall be liable for all losses specified in Clause 1, Clause 2, Clause 3, and Clause 4 of this Article, even if the multimodal transport document has been transferred by the consignor.

6. The multimodal transport operator may claim compensation in accordance with Clause 2 and Clause 4 of this Article, but still remains liable under the multimodal transport contract to any party other than the consignor.

Chapter VI

LIABILITY OF THE RECEIVER

Article 25. Receipt of Goods

1. The receiver must prepare adequate conditions to receive the goods upon receiving notice from the carrier that the goods have arrived at the destination.

2. If the receiver does not come to receive the goods or refuses to accept them or delays unloading beyond the time limit stipulated in the contract or by law, the multimodal transport operator has the right to unload the goods, store them safely, process them, and notify the consignor. For perishable goods, the multimodal transport operator has the right to process them immediately. All costs and losses arising from the receiver's responsibility shall be borne by the receiver.

3. After ninety days from the date when the consignee is required to take delivery of the goods under the multimodal transport contract as stipulated in Clause 2 of this Article, if there is no person to claim the deposited goods as prescribed in that clause, the warehouse operator has the right to sell the goods at public auction. The proceeds from the sale of the goods, after deducting reasonable expenses of the parties involved, shall be remitted to the State budget.

Article 26. Payment of freight charges and other expenses

1. The consignee must pay the full freight charges and other expenses related to multimodal transport to the multimodal transport operator based on the multimodal transport document.

2. If the multimodal transport operator does not receive payment for the amounts due according to the provisions of the multimodal transport contract, they have the right to retain the goods and notify the consignee in writing. If, sixty days after the notification, the multimodal transport operator still has not received full payment for the amounts mentioned above, they may enter into a power of attorney agreement to sell the retained goods at public auction. The proceeds from the sale of the goods shall be handled in accordance with current regulations.

The period during which the goods belong to the multimodal transport operator due to exercising the right to retain the goods as mentioned above shall not be combined to calculate the time limit for late delivery of goods as provided for in Articles 18 and 19 of this Decree.

Chapter VII

COMPLAINTS AND LAWSUITS

Article 27. Scope of complaints and lawsuits

1. All complaints and lawsuits related to the performance of the multimodal transport contracts referred to in this Decree, including disputes within and outside the contract, must be resolved in accordance with the provisions of this Decree and other relevant laws.

2. Any complaints and lawsuits against the multimodal transport operator related to the performance of the multimodal transport contract can be brought against employees, agents, or others whose services the multimodal transport operator has used to perform the multimodal transport contract, regardless of whether such complaints and lawsuits arise within or outside the contract. The full responsibility of the multimodal transport operator and their employees, agents, or others shall not exceed the limits set forth in Article 22 of this Decree.

3. The multimodal transport operator shall not enjoy the limitation of liability if the party with an interest proves that the loss, damage, or delay in delivery was caused by the employee, agent, or other person whose services the multimodal transport operator has used to perform the multimodal transport contract acting or failing to act with intent to cause such loss, damage, or delay; or acting or failing to act recklessly and knowing that such loss, damage, or delay would certainly occur.

Article 28. Provisions relating to multimodal transport documents

1. Contents in the multimodal transport document shall be invalid and shall not have legal effect if those contents directly or indirectly do not comply with the provisions of this Decree, especially if such contents harm the interests of the shipper and the consignee. This provision shall not affect other contents in the multimodal transport document.

2. Despite the provisions of Clause 1 of this Article, if the shipper agrees, the multimodal transport operator may increase their responsibilities according to the provisions of this Decree.

3. The provisions of this Decree do not affect the application of rules on general average settlement as provided for in relevant national laws.

Article 29. Time limit for complaints, statute of limitations for lawsuits

1. The complaint period is agreed upon by both parties in the multimodal transport contract. If there is no agreement, the complaint period is ninety days from the date when the goods are fully delivered to the consignee as stipulated in Clause 3 of Article 18 of this Decree, or after the date when the goods should have been delivered according to the multimodal transport contract, or after the date specified in point b, Clause 1 of Article 19 of this Decree.

2. The statute of limitations for lawsuits is nine months, starting from the date when the goods are fully delivered to the consignee as stipulated in Clause 3 of Article 18 of this Decree, or after the date when the goods should have been delivered according to the multimodal transport contract, or after the date specified in point b, Clause 1 of Article 19 of this Decree.

Article 30. Dispute Resolution

Disputes related to the conclusion and performance of multimodal transport contracts shall be resolved through negotiations between the parties or arbitration or litigation as provided for by law.

Chapter IX

IMPLEMENTING PROVISIONS

Article 31. Effectiveness

1. This Decree takes effect from January 1, 2004.

2. Organizations and individuals currently operating multimodal transport must complete the procedures to obtain a Multimodal Transport Business License within ninety days from the date this Decree takes effect.

Article 32. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and municipal people's committees directly under the central government, and organizations and individuals concerned are responsible for implementing this Decree./.