Chapter VII
COMPLAINTS, LAWSUITS
Article 27.- Scope of complaints, lawsuits
1. All complaints and lawsuits related to the performance of multi-modal transportation contracts mentioned in this Decree covering disputes inside and outside the contracts must be settled in accordance with the provisions of this Decree and other relevant law provisions.
2. All complaints and lawsuits against multi-modal transportation dealers, related to the performance of multi-modal transportation contracts shall be effected also with the laborers, agents or other persons whose services have been used by the multi-modal transportation dealers for the performance of such multi-modal transportation contracts, regardless of whether such complaints and/or lawsuits are inside or outside the contracts. The full responsibility of the multi-modal transportation dealers as well as their employees, agents or other persons shall not exceed the limits prescribed in Article 22 of this Decree.
3. The multi-modal transportation dealers are not entitled to enjoy the responsibility limits, if the persons with relevant interests can prove that the cargo losses, damage or late delivery were caused by actions or non-actions of their employees, agents or other persons whose services have been used by the multi-modal transportation dealers for the performance of multi-modal transportation contracts, with their intent of causing such losses, damage or delay; or their reckless actions or non-actions and their knowledge that such losses, damage or lateness would have certainly happened.
Article 28.- Provisions related to multi-modal transportation vouchers.
1. The contents in the multi-modal transportation vouchers shall be invalid and legally ineffective if they are directly or indirectly incompatible with the provisions of this Decree, especially if such contents cause harms to cargo consignors and consignees. This regulation shall not affect other contents in the multi-modal transportation vouchers.
2. In spite of the provisions in Clause 1 of this Article, if consented by the cargo consignors, the multi-modal transportation dealers may increase their responsibilities under the provisions of this Decree.
3. The provisions in this Decree shall not affect the application of the rule on settling common losses according to relevant provisions of national laws.
Article 29.- Time limits for complaints, statute of limitations for lawsuits
1. The time limits for complaints shall be agreed upon by the two parties in the multi-modal transportation contracts. In case of the absence of such agreement, the time limit for complaints shall be 90 days as from the date the cargoes are completely delivered to the consignees according to the provisions in Clause 3, Article 18 of this Decree, or after the dates the cargoes should have been delivered according to the provisions in the multi-modal transportation contracts or after the dates prescribed at Point b, Clause 1, Article 19 of this Decree.
2. The statute of limitations for lawsuits shall be 9 months as from the time the cargoes are completely delivered to the consignees as provided for in Clause 3, Article 18 of this Decree or after the dates the cargoes should have been delivered under the provisions of the multi-modal transportation contracts or after the dates prescribed at Point b, Clause 1, Article 19 of this Decree.
Article 30.- Settlement of disputes
The settlement of disputes related to the conclusion and performance of multi-modal transportation contracts shall be settled through negotiations between the parties or by arbitration or at courts according to the provisions of law.
Tìm kiếm
Nghị định 125/2003/NĐ-CP (Bản Word)