PROCEDURES FOR ISSUING THE BILL OF LADING, THROUGH BILL OF LADING

I. Legal basis

- Vietnam Maritime Code No. 95/2015/QH13 of the National Assembly dated November 25th, 2015 (“Maritime Code”);

- Official Letter No. 3046/CHHVN-VTDVHH regarding sending and saving the form of bill of lading, and through bill of lading released by the Vietnam Maritime Administration dated August 1st, 2017 (“Official Letter 3046/CHHVN-VTDVHH”).

II. Interpretation

Bill of lading refers to a transport document used as evidence that the carrier has received goods of which quantity, nature, and condition are consistent with those specified in that bill of lading for the purpose of carrying such goods to the place of discharge; evidence of ownership of the goods which is considered as a manner of disposing of, receiving the goods, and as evidence for a contract for carriage of goods by sea (pursuant to Article 148.2 Maritime Code).

Through bill of lading refers to a bill of lading clearly stating that carriage of goods is performed by at least two sea carriers (pursuant to Article 148.3 Maritime Code).

III. Procedures for issuing the Bill of Lading, Through bill of Lading

Procedures for issuing the bill of lading, through bill of lading are prescribed in Maritime Code, accordingly, enterprises should note the following procedures:

1. Preparing bill of lading, through bill of lading form in accordance with regulations of laws

According to Article 160 and Article 164 of Maritime Code, in order not to affect the legal validity of the bill of lading, through bill of lading, these dossiers shall include the following contents:

- The name and principal place of business of the carrier;

- The name of the shipper;

- The name of the consignee, or statement that the bill of lading is issued in the form of an order or anonymous bill of lading;

- The name of the vessel;

- The name of the goods, description of the type, size, volume, number of pieces, weight or value of the goods whenever necessary;

- Description of external or packaging conditions of the goods;

- Mark or sign for identification of the goods of which a written notification is issued by the shipper prior to loading of the goods on board, and which are mounted on each piece or package of piece of goods;

- Freight and other fees payable to the carrier; payment method;

- Place of receipt and port of loading;

- Port of discharge or indication of the time when and place where the port of discharge is designated;

- The number of originals of the bill of lading issued to the shipper;

- The time and place of issuance of the bill of lading;

- The signature of the carrier or master or a person acting on the carrier’s behalf.

The absence in the bill of lading of one or more above-mentioned contents does not affect the legal validity of the bill of lading, through bill of lading if:

- The content of the bill of lading, through bill of lading must ensure used as evidence that the carrier has received goods of which quantity, nature, and condition are consistent with those specified in that bill of lading for the purpose of carrying such goods to the place of discharge; evidence of ownership of the goods which is considered as a manner of disposing of, receiving the goods, and as evidence for a contract for carriage of goods by sea; and

- The bill of lading, through bill of lading form must send for storage purposes to maritime state authorities.

2. Procedures of sending the bill of lading, through bill of lading form for storage purposes to maritime state authorities

2.1 Procedures of sending the bill of lading, through bill of lading form for storage purposes

Pursuant to Article 148.1 of Maritime Code, the bill of lading, through bill of lading form issued by an enterprise must be sent for storage purposes to maritime state authorities. Therefore, when issuing the bill of lading, through bill of lading, an enterprise must implement the procedure to send the enterprise’s bill of lading, through bill of lading for storage purposes to maritime state authorities, specifically Vietnam Maritime Administration.

This procedure was guided by Vietnam Maritime Administration through Official Letter 3046/CHHVN-VTDVHH. Accordingly, when issuing the bill of lading, the enterprise must send the bill of lading, through bill of lading form to Vietnam Maritime Administration at a location is No. 8 Pham Hung street, Cau Giay District, Ha Noi, Vietnam.

In addition, in parallel with sending a draft to the above-mentioned location, the enterprise also sends the bill of lading, through bill of lading form to Vietnam Maritime Administration via email address: dichvuvantai@vinamarine.gov.vn for Vietnam Maritime Administration to post it on the website of Vietnam Maritime Administration at location: http://vinamarine.gov.vn/Vận tải biển – Dịch vụ hàng hải.

2.2 Compulsoriness of procedures of sending the bill of lading, through bill of lading for storage purposes

Currently, there is no administrative penalties in the relevant legislation for not sending the bill of lading, through bill of lading form at the Vietnam Maritime Administration. However, this obligation is stated clearly in Maritime Code and guiding Official Letter of Vietnam Maritime Administration. Accordingly, this can be seen as a mandatory obligation for enterprises, so enterprises need to perform this procedure to comply with provisions of the Maritime Code and relevant legal documents.

Also, the sending of the bill of lading form for storage purposes to Vietnam Maritime Administration shall contribute to ensuring the legal validity of the bill of lading when the Client’s bill of lading form for any reason does not fully state all the contents as prescribed by law as well as ensuring legal rights and interests if there is a dispute arising later.

IV. Conclusion

From the above analysis, it can be seen that when issuing the bill of lading, through bill of lading the enterprise initially must ensure the contents of these bills shall comply with laws in order for its legal validity to be not affected. In addition, the enterprise also has obligation to send the bill of lading, through bill of lading form for storage purposes to the maritime state authorities - Vietnam Maritime Administration. This is a mandatory procedure according to Maritime Code and other relevant guiding documents. Accordingly, enterprises have to implement this procedure to comply with laws and secure their rights.

ADK VIETNAM LAWYERS LAWFIRM