Chương 1 Nghị định 140/2007/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS 

Article 1 Governing scope 

This Decree provides detailed regulations for implementation of the Commercial Law with regard to conditions for engaging in logistic services business and the limitations on liability of business entities engaging in logistic services business. 

Article 2 Applicable entities 

This Decree applies to business entities engaging in logistic services business and to other organizations and individuals with activities related to logistic services. 

Article 3 Interpretation of terms 

In this Decree, the following terms shall be construed as follows:

1. Logistic services means the commercial activities stipulated in article 233 of the Commercial Law.

2. Business entity engaging in logistic services business means a business entity who organizes the performance of logistic services for clients by itself conducting such services or by hiring another business entity to conduct one or a number of stages of such services.

3. Foreign business entity engaging in logistic services business means a business entity from any country or territory with which Vietnam has an undertaking in an international treaty regarding opening of the logistic services business market.

4. Limitation on liability means the maximum level at which a business entity engaging in logistic services business is liable to pay compensation to a client for loss and damage arising during the process of organization of the performance of logistic services in accordance with the provisions in this Decree. 

Article 4 Classification of logistic services 

Logistic services as stipulated in article 233 of the Commercial Law shall be classified as follows:

1. Principal logistic services, comprising:

(a) Services of arranging pickup and loading of goods, including loading goods into containers;

(b) Goods warehousing and storage services, including the business of warehousing in containers and storage for processing raw materials and equipment;

(c) Transportation agency services, including agency activities of conducting customs procedures and preparing plans for unloading goods1;

(d) Other subsidiary services including activities of receiving, archiving and managing information about transportation and storage of goods throughout the entire logistic process; activities being reprocessing of goods returned by clients, reprocessing of goods in storage and of outof-date goods and redistribution of such goods; and activities being leasing out and hire purchase of containers.

2. Logistic services relating to transportation, comprising:

(a) Sea carriage services;

(b) Internal waterways carriage services;

(c) Aviation carriage services;

(d) Rail carriage services;

(dd) Road carriage services;

(e) Pipeline conduit services.

3. Other related logistic services, comprising:

(a) Services being technical checks and analysis;

(b) Post services;

(c) Wholesale commercial services;

(d) Retail commercial services, including activities of managing goods in storage; collecting goods from various sources, assembling and classifying the goods, and redistributing and delivering them;

(e) Other subsidiary transportation services.