Decree No. 87/2009/ND-CP on Multimodal Transport

DECREE

On multimodal transport

__________

THE GOVERNMENT

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

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to the Civil Aviation Law of Vietnam dated June 29, 2006;

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004;

Pursuant to the Railway Law dated June 14, 2005;

Pursuant to the Enterprise Law dated November 29, 2005;

Pursuant to the Law on Cooperatives dated November 26, 2003;

Based on the Investment Law dated November 29, 2005;

Based on the Customs Law dated June 29, 2001 and the Law Amending and Supplementing Certain Articles of the Customs Law dated June 14, 2005;

Considering the proposal of the Minister of Transport,

DECREE:

Chapter I GENERAL PROVISIONS

Article 1. This Decree stipulates the activities of multimodal transport including international multimodal transport and domestic multimodal transport.

Article 2. This Decree applies to organizations registered for multimodal transport business, including enterprises established in accordance with laws on enterprises, investment laws, and cooperatives established in accordance with laws on cooperatives of Vietnam; organizations and individuals related to multimodal transport business activities.

Article 2. Interpretation of Terms

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

Clause 1. "Multimodal transport" means the carriage of goods by at least two different modes of transport based on a multimodal transport contract.

Clause 2. "International multimodal transport" means multimodal transport from the place where the multimodal transport operator receives goods in Vietnam to a designated delivery point in another country and vice versa.

Clause 3. "Domestic multimodal transport" means multimodal transport carried out within the territory of Vietnam.

Clause 4. "Multimodal transport operator" means an enterprise or cooperative that concludes and is responsible for performing a multimodal transport contract.

Clause 5. "Multimodal transport contract" means a contract concluded between the consignor and the multimodal transport operator, under which the multimodal transport operator undertakes to provide the service of transporting goods for payment of the entire transportation process, from the place of receipt to the place of delivery to the consignee.

Clause 6. "Multimodal transport document" means a document issued by the multimodal transport operator, serving as evidence of a multimodal transport contract, confirming that the multimodal transport operator has received the goods for transportation and commits to deliver them according to the terms of the contract signed.

Clause 7. "Carrier" means an organization or individual who performs or commits to perform part or all of the transportation, whether they are a multimodal transport operator or not.

Clause 8. "Consignor" means an organization or individual who concludes a multimodal transport contract with the multimodal transport operator.

Clause 9. "Consignee" means an organization or individual entitled to receive goods from the multimodal transport operator.

Clause 10. "Receipt of goods" means the actual delivery of goods to the multimodal transport operator from the consignor or from a person authorized by the consignor, and accepted by the multimodal transport operator for transportation.

Clause 11. "Delivery of goods" means one of the following cases:

Point a. Delivery of goods to the consignee;

Point b. The goods being placed under the disposal of the consignee in accordance with the provisions of the multimodal transport contract or applicable laws or commercial customs at the place of delivery;

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

Clause 12. "Goods" means any property (excluding immovable property), including containers, pallets, or similar transport and packaging equipment not provided by the multimodal transport operator.

Clause 13. "Document" means one of the following forms: telegram, telex, fax, or any other form printed or recorded.

Clause 14. "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 the document to a specified person.

Clause 15. "Special Drawing Rights" (SDR) means a unit of account defined by the International Monetary Fund. The exchange rate of SDR against the Vietnamese Dong is published by the State Bank of Vietnam based on the foreign exchange rates calculated and published daily by the International Monetary Fund.

Clause 16. "Latent defect" means defects in the goods that cannot be detected by ordinary external inspection.

Clause 17. "Force majeure" means unforeseeable and unavoidable circumstances occurring objectively, despite the application of all necessary measures and capabilities allowed.

Clause 18. "Single-mode transport contract" means a separate transport contract concluded between the multimodal transport operator and the carrier for a specific leg and using only one mode of transport to transport goods as requested by the multimodal transport operator.

Article 3. Customs Procedures

International multimodal transport goods are exempt from actual customs inspection, except for certain cases if there is suspicion of drug trafficking, weapons, and other prohibited goods. The Ministry of Finance shall coordinate with the Ministry of Transport to stipulate customs procedures for multimodal transport goods.

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

2. The Ministry of Transport shall perform the function of state management over multimodal transport, serving as the focal point to assist the Government in coordinating inter-ministerial activities and guiding the implementation of regulations related to multimodal transport operations.

Chapter II

CONDITIONS FOR BUSINESS AND ISSUANCE OF BUSINESS LICENSES FOR INTERNATIONAL MULTIMODAL TRANSPORT

1. Vietnamese enterprises and cooperatives may only engage in international multimodal transport business when they meet the following conditions:

a) Possess a Business Registration Certificate that includes registration for international multimodal transport business.

b) Maintain assets equivalent to at least 80,000 SDRs or have equivalent guarantees.

c) Have professional liability insurance for multimodal transport or equivalent guarantees.

d) Hold a license for international multimodal transport business.

2. Foreign enterprises investing in Vietnam may only engage in international multimodal transport business when they meet the following conditions:

a) Be a company with an Investment Certificate that includes registration for international multimodal transport business.

b) Possess assets equivalent to at least 80,000 SDRs or have equivalent guarantees.

c) Have professional liability insurance for multimodal transport or equivalent guarantees.

d) Hold a license for international multimodal transport business.

3. Enterprises of countries that are members of the ASEAN Framework Agreement on Multimodal Transport or enterprises of countries that have signed international treaties with Vietnam on multimodal transport may only engage in international multimodal transport business when they meet the following conditions:

a) Be licensed or registered for international multimodal transport business by the competent authority of their country.

b) Have professional liability insurance for multimodal transport or equivalent guarantees.

c) Hold a license for international multimodal transport business issued by Vietnam.

4. The Minister of Transport shall organize the management and issuance of licenses for international multimodal transport business.

1. Enterprises specified in Clause 1 and Clause 2 of Article 5 of this Decree shall submit application documents for a business license for international multimodal transport to the Ministry of Transport. The documents include:

a) An application form for a business license for international multimodal transport (according to Form I attached).

b) A certified copy of the Business Registration Certificate (or notarized) or a certified copy of the Investment License (or notarized) that includes registration for international multimodal transport business.

c) Confirmation of the enterprise's asset value by a financial agency or equivalent guarantee.

2. Enterprises specified in Clause 3 of Article 5 of this Decree shall submit application documents for a business license for international multimodal transport to the Ministry of Transport. The documents include:

a) An application form for a business license for international multimodal transport.

b) A certified copy of the Business Registration Certificate for international multimodal transport issued by the competent authority of their country and legalized by consular certification.

c) A multimodal transport liability insurance contract or equivalent guarantees.

3. Within ten working days from the date of receipt of complete and valid documents, the Ministry of Transport shall issue a business license for international multimodal transport to the enterprise (according to Form III attached). The business license for international multimodal transport has a validity period of five years from the date of issuance.

4. If there is any change in the contents recorded in the business license for international multimodal transport during its validity period, the international multimodal transport business operator must follow the procedures stipulated in Article 7 of this Decree to apply for a new business license for international multimodal transport.

1. Businesses specified in Clause 1, Clause 2, and Clause 3 of Article 5 of this Decree shall submit applications for reissuing the International Multimodal Transport Business License to the Ministry of Transport. The application package includes:

a) An application form for reissuing the International Multimodal Transport Business License (according to the model at Appendix II).

b) A certified copy of the Business Registration Certificate (notarized or apostilled if there has been a change).

c) Confirmation of the value of the business assets from financial authorities or equivalent guarantees (if there has been a change).

2. Within ten working days from the date of receipt of complete and valid applications, the Ministry of Transport shall reissue the International Multimodal Transport Business License for the business. This license shall be valid for five years from the date of issuance.

Article 8. Revocation of License

The Ministry of Transport shall revoke the International Multimodal Transport Business License if the international multimodal transport operator violates any of the following cases:

1. Violation of conditions for conducting international multimodal transport business as stipulated in Article 5 of this Decree.

2. Other cases as prescribed by law.

Chapter III

DOMESTIC MULTIMODAL TRANSPORT BUSINESS

Article 9. Provisions on Domestic Multimodal Transport Business

1. Only Vietnamese enterprises, cooperatives, and foreign-invested enterprises operating in Vietnam may conduct domestic multimodal transport business and must meet the following conditions:

a) Possess a Business Registration Certificate that includes registration of the multimodal transport business sector.

b) Have a multimodal transport liability insurance contract.

2. Operators of each mode of transport participating in domestic multimodal transport activities must meet the business conditions prescribed by law corresponding to each mode of transport.

Chapter IV

MULTIMODAL TRANSPORT DOCUMENTS

Article 10. Issuance of International Multimodal Transport Documents

1. When the international multimodal transport operator has accepted the goods, they must issue a transferable or non-transferable multimodal transport document, as chosen by the consignor, except where otherwise provided in the multimodal transport contract.

2. The multimodal transport document shall be signed by the multimodal transport operator or by someone authorized by the multimodal transport operator.

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

4. The format of the multimodal transport document must be registered with the Ministry of Transport. The application package for registering the format of the multimodal transport document includes:

a) A request for registering the format of the multimodal transport document (according to the model at Appendix IV).

b) Two sets of the format of the multimodal transport document. Within three working days, the Ministry of Transport shall confirm "The format of the multimodal transport document has been registered" on the set of the format of the multimodal transport document.

Article 11. Issuance of Domestic Multimodal Transport Documents

1. When the domestic multimodal transport operator has accepted the goods, they must issue a multimodal transport document.

2. The multimodal transport document shall be signed by the multimodal transport operator or by someone authorized by the multimodal transport operator.

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

Article 12. Forms of multimodal transport documents

1. Transferable multimodal transport documents shall be issued in one of the following forms:

a) Bearer;

b) Order;

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

2. Non-transferable multimodal transport documents shall be issued in the form of a named consignee.

3. The forms of multimodal transport documents for domestic multimodal transport shall be agreed upon by the parties.

Article 13. Assignment of Multimodal Transport Documents

The assignment of multimodal transport documents shall be carried out according to the following provisions:

1. For the bearer form: no endorsement is required.

2. For the order form: endorsement is required.

3. For the order of the named person in the original document form: endorsement by the named person in the original document is required.

Article 14. Content of Multimodal Transport Documents

1. A multimodal transport document includes the following main contents:

a) General natural characteristics of the goods; necessary symbols and 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 the goods described otherwise; all these 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;

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

i) Indication that the multimodal transport document is either a transferable or non-transferable document;

k) Signature of the representative 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 by the parties, or freight charges, currency for payment of freight charges to be paid by the consignee, or other description of freight charges to be paid by the consignee;

m) Planned 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 by the parties 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 mentioned in Clause 1 of this Article shall not affect the legal validity of the multimodal transport document.

Article 15. Evidence Value of Multimodal Transport Documents

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

2. In cases where the multimodal transport document is issued in a transferable form and has been properly transferred to the consignee or from the consignee to a third party, if the consignee or third party relies on the description of the goods and acts accordingly, such contrary proof shall not be accepted.

Article 16. Reservation in Multimodal Transport Documents

1. If the multimodal transport document contains details regarding the general nature, designation, code, number of packages or pieces, weight or quantity of goods that the multimodal transport operator or the person authorized by the multimodal transport operator knows or has reasonable grounds to suspect are not accurately describing 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 such details, they shall record a reservation in the multimodal transport document specifying the inaccurate description, the basis for suspicion, or the 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 V

LIABILITY AND LIMITATION OF MULTIMODAL TRANSPORT OPERATOR

Article 17. 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 18. Liability for Agents, Servants or Carriers

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

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

Article 19. 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 consignee.

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

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

b) In the form "To Order of", the goods shall be delivered to the person presenting an original of the document which has been endorsed appropriately;

c) In the form "To Order of the named party", the goods shall be delivered to the person who proves himself to be the named party in the document and presents an original of the document. If the document has been converted to the form "To Order", the delivery of goods shall be governed by point b of this clause.

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

4. Where the multimodal transport contract provides for no issuance of a document, the goods shall be delivered to a person designated by the shipper or the consignee as specified in the multimodal transport contract.

5. After the multimodal transport operator has delivered the goods to the person presenting an original of the multimodal transport document, the other originals of the document shall no longer be valid for delivery.

Article 20. Liability for Losses Caused by Loss, Damage, or Delayed Delivery of Goods

1. The multimodal transport operator shall be liable for losses caused by the loss, damage, or delayed delivery of goods if such events occur within the time limit and scope of liability prescribed in this Decree, except where the multimodal transport operator proves that it, its employees, agents, or any other person specified in Article 18 of this Decree have taken reasonable measures within their capacity to prevent such adverse consequences.

2. The multimodal transport operator shall be liable for payment of inspection costs, even when the consignee requests an inspection, unless it proves that the goods were lost or damaged outside the scope of its responsibility. In other cases, the party requesting the inspection shall bear the cost of inspection.

3. The multimodal transport operator shall not be liable for losses caused by the loss or damage of goods or by delayed delivery and shall be deemed to have delivered the goods fully and properly as stated in the multimodal transport document to the consignee, if the consignee does not notify the multimodal transport operator in writing about the loss or damage of the goods no later than one day from the date of receipt of the goods. Where the loss or damage of the goods cannot be detected from the outside, the consignee must notify the multimodal transport operator in writing within six days (including holidays and weekends) following the date the goods were delivered to the consignee. 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 losses caused by delayed delivery when the shipper has provided a written request for timely delivery and such request has been accepted by the multimodal transport operator.

Article 21. Time Limit for Delivery Considered as Delayed or Goods Considered Lost

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

a) Goods are not delivered within the agreed time frame in the multimodal transport contract;

b) In the absence of an agreement in the multimodal transport contract, goods are not delivered within a reasonable time period required, taking into account that the multimodal transport operator has done everything possible to deliver the goods, considering the specific circumstances of each case.

2. Goods shall be considered lost if they are not delivered within ninety days (including holidays and weekends) following the agreed delivery date in the contract or a reasonable time period as stipulated in point b, Clause 1 of this Article, except where the multimodal transport operator provides evidence to the contrary.

Article 22. Exemption from Liability

The multimodal transport operator shall not be liable for losses caused by the loss, damage, or delayed delivery of goods if it proves that the cause of the loss, damage, or delayed delivery during transportation falls under any of the following circumstances:

1. Force majeure;

2. Acts or negligence of the shipper, consignee, or their authorized representatives or agents;

3. Incorrect or unsuitable packaging, marking, coding, or numbering of goods;

4. Loading, unloading, or stowing of goods in the ship's hold carried out by the shipper, consignee, their authorized representatives, or their agents;

5. Concealment or inherent nature of the goods;

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

7. In cases where goods are transported by sea or inland waterways, if the loss, damage, or delay occurs during transportation due to:

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

b) Fire, unless caused by intentional acts or collusion by the carrier. If the loss or damage of the goods occurs during transportation as mentioned in this clause due to the vessel lacking seaworthiness, the multimodal transport operator shall still not be liable if it proves that the vessel was seaworthy at the beginning of the voyage.

Article 23. Calculation of Compensation Amounts

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

2. The value of the goods shall be determined based on the current exchange price of the goods; if there is no such price, then based on the current market price; if there is no exchange price or market price, then refer to the average value of similar goods of the same quality.

Article 24. Limitation of Liability of Multimodal Transport Operators

1. The multimodal transport operator shall only be liable for any loss or damage to goods up to a maximum equivalent to 666.67 Special Drawing Rights (SDR) per package or unit or 2.00 SDR per kilogram of gross weight of the lost or damaged goods, whichever is higher, unless the nature and value of the goods were declared by the shipper before the multimodal transport operator accepted the goods for carriage and recorded in the multimodal transport document.

2. In the case where multiple packages or units listed in the multimodal transport document are packed in a container, trailer, or equivalent packing unit, they shall be considered as separate packages or units. Otherwise, the container, trailer, or equivalent packing unit shall be considered as a single package or unit.

3. In a multimodal transport contract that does not include sea or inland waterway carriage, the liability of the multimodal transport operator shall be limited to an amount not exceeding 8.33 SDR per kilogram of gross weight of the lost or damaged goods.

4. If the loss or damage to goods occurs during a specific stage of multimodal transport, and international conventions or national laws provide a different limitation of liability for that stage, the limitation of liability of the multimodal transport operator for the loss or damage to goods shall be applied according to the provisions of that international convention or national law, provided that a separate transport contract has been concluded for that stage.

5. If the multimodal transport operator 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 liability of the multimodal transport operator shall be limited to an amount not exceeding the freight charges 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 the limitation of liability for compensation if the interested party proves that the loss, damage, or delayed delivery was caused by the multimodal transport operator's intentional act or omission causing such loss, damage, or delay, or by reckless conduct knowing that such loss, damage, or delay would certainly occur.

Chapter VI

LIABILITY AND LIMITATION OF THE SHIPPER

Article 25. Obligation to Provide Information on Goods

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

a) Details related to the goods to be recorded in the multimodal transport document: - General natural characteristics, symbols, codes, quantity, weight, volume, and quality of the goods; - External condition of the goods.

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

2. When the consignor or the person authorized by the consignor transfers dangerous goods to the multimodal transport operator for transportation, in addition to the obligations set out in Clause 1 of this Article, they must also comply with the following provisions:

a) Provide the multimodal transport operator with necessary documentation and instructions regarding the hazardous nature of the goods and preventive measures if required;

b) Mark or label the dangerous goods with symbols, codes, or labels in accordance with international conventions or current national laws;

c) Appoint escorts when dangerous goods require escorting.

Article 26. Liability for Damage to Goods

1. The consignor shall be liable for damage to goods due to incomplete declaration or inaccurate and incomplete provision of information about the goods as stipulated in Article 25 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 25 of this Decree and the multimodal transport operator has no way to know the characteristics and hazardous nature of the goods, then the consignor shall be liable to the multimodal transport operator for all damages caused by the transportation of such goods, including the removal, destruction, or rendering harmless of the goods, depending on the specific circumstances, if the dangerous goods become a real threat to people and property.

3. In cases where goods are removed, destroyed, or rendered harmless when they become a real threat to people and property, the multimodal transport operator shall not be required to pay compensation, except when there is a contribution to common loss or when the multimodal transport operator is liable according to Article 20 of this Decree.

4. The consignor must compensate the multimodal transport operator for losses caused by inaccurate or incomplete information as prescribed in Article 25 of this Decree.

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

6. The multimodal transport operator has the right to claim compensation as provided for in Clauses 2 and 4 of this Article, but still remains liable under the multimodal transport contract to any party other than the consignor.

Chapter VII

LIABILITY AND LIMITATIONS OF THE CONSIGNEE

Article 27. Receipt of Goods

1. The recipient must prepare all necessary conditions to receive goods upon receiving the notification from the carrier that the goods have arrived at the destination.

2. If the recipient does not come to receive the goods, refuses to accept the goods, or delays unloading beyond the time limit stipulated in the multimodal transport contract or by law, the multimodal transport operator has the right to unload the goods, store them safely, handle them, and notify the consignor. For perishable goods, the multimodal transport operator may immediately dispose of them. All costs and losses arising therefrom shall be borne by the recipient.

3. After ninety days from the date when the goods should have been received according to the multimodal transport contract, if no one comes to claim the stored goods as provided for in Clause 2 of this Article, the warehouse operator has the right to auction the goods. The proceeds from the auction, after deducting reasonable expenses of the parties involved, shall be remitted to the state budget.

Article 28. Payment of Freight and Other Charges

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

2. If the multimodal transport operator is not paid the amounts specified in the multimodal transport contract, they have the right to retain the goods and notify the recipient in writing. If, sixty days after the notice, the multimodal transport operator still has not been fully paid the amounts mentioned above, they have the right to enter into a power of attorney agreement to auction the retained goods. The proceeds from the auction shall be handled according to current regulations. The period during which the goods remain under the ownership of the multimodal transport operator due to exercising the right to retain the goods shall not be combined with the time limit for late delivery of goods as stipulated in Articles 20 and 21 of this Decree.

Chapter VIII

COMPLAINTS AND LAWSUITS

Article 29. Scope of Complaints and Lawsuits

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

2. Any complaints and lawsuits against the multimodal transport operator concerning the performance of the multimodal transport contract may be brought against employees, agents, or others whom the multimodal transport operator has engaged to perform the multimodal transport contract, regardless of whether such complaints and lawsuits arise within or outside the contract. The entire liability of the multimodal transport operator and its employees, agents, or others shall not exceed the limits set forth in Article 24 of this Decree.

Article 30. Provisions Related to Multimodal Transport Documents

1. Contents in the multimodal transport document will be invalid and have no legal effect if such contents directly or indirectly do not comply with the provisions of this Decree, especially if they harm the interests of the consignor and the recipient. This provision shall not affect other contents in the multimodal transport document.

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

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

Article 31. Time Limit for Complaints and Statute of Limitations for Initiating Legal Proceedings

1. The time limit for complaints shall be agreed upon by both parties in the multimodal transport contract. If there is no agreement, the complaint period is ninety days, starting from the date when the goods are fully delivered to the consignee as stipulated in Clause 3, Article 20 of this Decree, or after the date on which the goods should have been delivered according to the provisions of the multimodal transport contract, or after the date specified in Point b, Clause 1, Article 21 of this Decree.

2. The statute of limitations for initiating legal proceedings is nine months, starting from the date when the goods are fully delivered to the consignee as stipulated in Clause 3, Article 20 of this Decree, or after the date on which the goods should have been delivered according to the provisions of the multimodal transport contract, or after the date specified in Point b, Clause 1, Article 21 of this Decree.

Article 32. Dispute Resolution

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

Chapter IX

IMPLEMENTATION PROVISIONS

Article 33. Effective Date

1. This Decree takes effect from December 15, 2009, and revokes Decree No. 125/2003/NĐ-CP dated October 29, 2003, of the Government on international multimodal transport. Organizations that have been granted Multimodal Transport Business Licenses under Decree No. 125/2003/NĐ-CP must apply for renewal of their Multimodal Transport Business Licenses after the expiration of the validity period of their current licenses.

2. Four appendices are promulgated together with this Decree.

Article 34. Implementation Organization

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees under the central government, relevant organizations, and individuals are responsible for implementing this Decree./.