With high development potential, logistics is attracting more and more merchants to learn and trade this service. So, what are the conditions set for these merchants when conducting logistics service business? How are their rights and obligations expressed? This article shares in detail the legal regulations surrounding the topic of traders providing logistics services according to current legal regulations.

CSPL: Articles 235, 237 Commercial Law 2005

            Article 4 of Decree 163/2017/ND-CP regulations on logistics services business

1. Conditions for doing business in logistics services

(1) Traders providing specific services under logistics services must meet the investment and business conditions prescribed by law for that service.

(2) Traders who conduct part or all of logistics business activities by electronic means connected to the Internet, mobile telecommunications networks or other open networks, in addition to having to meet the provisions of law for specific services, must also comply with regulations on e-commerce.

– Conditions for foreign investors doing business in logistics services:

In addition to meeting the prescribed conditions at (1) and (2), foreign investors belonging to countries and territories that are members of the World Trade Organization are allowed to provide logistics services under the following conditions:

+ In case of cargo transportation services belonging to maritime transportation services (except domestic transportation):

• To establish companies operating fleets flying the Vietnamese flag or contribute capital, buy shares, or capital contributions in enterprises, in That is, the capital contribution ratio of foreign investors must not exceed 49%. The total number of foreign seafarers working on ships flying the Vietnamese flag (or registered in Vietnam) owned by these companies in Vietnam is not more than 1/3 of the ship’s capital. The captain or first mate must be a Vietnamese citizen.
• Foreign shipping companies are allowed to establish businesses or contribute capital, buy shares, or contribute capital in the business.

+ In case of container handling and unloading services belonging to maritime transport support services (some areas may be reserved to provide services or apply licensing procedures in these areas), they are allowed to establish businesses or contribute capital, buy shares, or contribute capital in the business. enterprises, in which the capital contribution ratio of foreign investors does not exceed 50%. Foreign investors are allowed to establish a commercial presence in Vietnam in the form of business cooperation contracts.

+ In case of container handling service business belonging to services supporting all modes of transport, except services provided at airports, they are allowed to establish businesses or contribute capital, buy shares, or capital contributions in the enterprise, in which the capital contribution ratio of foreign investors does not exceed 50%.

+ In case of customs clearance service business belonging to maritime transport support services, you are allowed to establish a business or contribute capital, buy shares, or contribute capital in the enterprise, including capital contributed by domestic investors. Foreign investors are allowed to establish a commercial presence in Vietnam in the form of business cooperation contracts.

+ In case of trading in other services, including the following activities: Checking bills of lading, freight brokerage services, goods inspection, sampling and weight determination services; goods receiving and acceptance services; transportation document preparation service, can establish a business or contribute capital, buy shares, capital contribution in the enterprise, including capital contribution of domestic investors.

+ In case of goods transport service business under inland waterway transport service, freight transport service under railway transport service, can establish an enterprise or contribute capital, buy shares, capital contribution in the enterprise, including the capital contribution ratio of the investor Foreign investment must not exceed 49%.

+ In case of freight transport service business belonging to road transport services, carried out through a business cooperation contract or establishing an enterprise or contributing capital, buying shares, or capital contribution in the enterprise, in which the capital contribution ratio of foreign investors must not exceed 51%. 100% of the company’s drivers must be Vietnamese citizens.

+ In case of air transport service business carried out in accordance with the provisions of law on aviation.

+ In case of business in technical analysis and inspection services

• For services provided to exercise the authority of the Government, it is carried out in the form of an enterprise with capital contribution from domestic investors after three years or in the form of an enterprise which does not limit foreign investors’ capital contribution after five years from when the private service provider is allowed to do business in those services.
• Not allowed to do business in inspection and certification services for transport vehicles.
• The implementation of technical analysis and inspection services is limited to operating in geographical areas determined by competent authorities for national security reasons. room.

– In case a foreign investor is subject to international treaties with different regulations on logistics service business conditions, the investor can choose to apply the investment conditions specified in one of those treaties.

2. Rights and obligations of traders providing logistics services

– Unless otherwise agreed, traders providing logistics services have the rights and obligations specifically stipulated in article 235 of the Commercial Law:

+  Entitled to service remuneration and other reasonable expenses;

+ During the performance of the contract, if there is a legitimate reason for For the benefit of the customer, a trader providing logistics services may perform differently than the customer’s instructions, but must immediately notify the customer;

+ When a situation occurs that may lead to the failure to carry out part or all of the customer’s instructions, the customer must immediately notify the customer to ask for instructions;

+ In case there is no agreement on a specific time limit for performing obligations with the customer, the customer must be notified immediately. carry out their obligations within a reasonable time.

– When transporting goods, traders providing logistics services must comply with the provisions of law and transport practices.

3. Cases of liability exemption for traders providing logistics services

Cases of liability exemption for traders providing logistics services:

– In addition to the cases of exemption specified in Article 294 of the 2005 Commercial Law, traders providing logistics services are not responsible for losses to goods arising in the following cases:

+ Loss is due to the fault of the customer or the person authorized by the customer;

+ Loss arising due to Traders providing logistics services follow the instructions of the customer or the person authorized by the customer;

+ Losses are due to defects in the goods;

+ Losses arise in cases of exemption from liability according to the provisions of law and transport practices if traders providing logistics services organize transportation;

+ Traders providing logistics services does not receive notice of the complaint within fourteen days from the date the trader providing logistics services delivers the goods to the recipient;

+ After being complained, the trader providing logistics services does not receive notice of being sued in Arbitration or Court within nine months from the date of delivery.

– Traders providing logistics services are not responsible for the loss of profits they should have received. of customers, about delays or performing logistics services at the wrong location through no fault of their own.