Country / Region
Vietnam Airlines strongly encourage you to read this document and to seek any necessary clarification from us prior to making your booking. Please note that upon completing the booking, you will be assumed to have read, understood and accepted these General Conditions of Cargo Carriage.
These Conditions are issued for the purposes as follows:
1.They are the legal basis to control relations in cargo transport on flights of Vietnam Airlines JSC, herein after as the carrier;
2.They are the basis for the carrier to issue regulations and instructions of cargo transport performance on flights of the carrier.
These Conditions apply to cargo transport on flights of the carrier.
However, the carrier reserves the right to exclude the application of all or any part of these Conditions to gratuitous transport.
With respect to cargo transport pursuant to a charter agreement, where the carrier has no charter tariff applicable to such charter agreement, these Conditions shall apply to such agreement except that the carrier reserves the right to exclude the application of all or any part of these Conditions. However, such transport shall be subject to the carrier’s charter tariffs applicable thereto (if any) and these Conditions shall not apply except to the extent provided in said charter tariff. In case of divergence between the applicable provisions of these Conditions and the Conditions contained or referred to in the charter agreement, the latter shall prevail and the shipper, by acceping transport pursuant to a charter agreement, agrees to be bound by the applicable terms thereof.
1. Vietnamese organizations and individuals; foreign organizations and individuals, herein after organizations and individuals having demand to transport cargo and providing related services shall comply with these Conditions and other related regulations.
2. Offices and units under Vietnam Airlines JSC.
In these Conditions, following terms can be understood as explained below:
1.Conditions: General Conditions of cargo carriage of Vietnam Airlines JSC.
2.The carrier: Vietnam Airlines JSC.
3.Offices: Corporate Affairs, Departments and equivalent ones of Vietnam Airlines JSC.
4.Units: subsidiaries, branches, representative offices and other units in the structure of Vietnam Airlines JSC.
5.Transport: Carriage of cargo by air or by another means, whether gratuitously or for reward.
6.Agent: Except when the context otherwise requires, any person or organization to act for or on behalf of the carrier in relation to the transport of cargo following the agent agreement or being authorised by the carrier, unless that person is acting as the shipper with respect to a shipment governed by these Conditions.
7.Shipper: The person whose name appears on the air waybill, as the party contracting with the carrier for transport of cargo.
8.Consignee: The person whose name appears on the air waybill, as the party to whom the shipment is to be delivered by the carrier.
9.Cargo: Any property that is transported or is to be transported in the cargo holds of aircraft under an air waybill other than mails, baggages and properties of the carrier. However, baggages being transported under an air waybill are cargo.
10.Shipment: Except as otherwise provided herein, one or more packages, or bundles of cargo accepted by the carrier from one shipper at one time and at one address, receipted for in one lot and under a single air waybill, for transport to one consignee at one destination address.
11.Air waybill: The cargo transport document which evidences the contract between the shipper and the carrier for transport of cargo and evidences cargo acceptance and contract conditions.
12.Air waybill is either in paper form (paper air waybill) or electronic form (electronic air waybill).
13.Shipment Record: Any record of the contract of carriage preserved by the carrier, evidenced by means other than a paper air waybill, which is the appearance form of electronic air waybill. Shipment Record is the set of electronic data describing the cargo stored in the carrier’s database.
14.Cargo Receipt: A document (either in paper form or electronic form) provided to the shipper by the carrier unless otherwise agreed between the parties. It is equivalent to a record containing cargo details as a substitution for the issuance of an air waybill and which permits identification of the shipment that has been accepted and deemed “ready for carriage”.
15.Applicable conventions: Unless the context requires otherwise, the following conventions are applicable to the contract of carriage:
a) the Convention for the Unification of Certain Rules relating to International Carriage by Air, signed at Warsaw, 12 October 1929 (Warsaw Convention);
b) the Warsaw Convention as amended at The Hague on 28 September 1955.
16.Chargeable weight: Chargeable weight can be either gross weight or volume weight of the shipment, whichever is higher, provided that where a lower charge for a higher minimum weight applies, the latter shall be retained as chargeable weight.
17.Pick-up service: The surface transport of outbound shipments from the point of pick up at the address of the shipper or that of his designated agent to the airport of departure, including any surface transport between airports.
18.Delivery service: The surface transport of inbound shipments from the airport of destination to the address of the consignee or that of his designated agent or to the custody of the appropriate government agency when required.
19.Days: Full calendar days, including Sundays and legal holidays.
20.EDI: abbreviation of Electronic Data Interchange which is understood as the exchange of data by electronic.
21.SDR: abbreviation of Special Drawing Rights which is a calculation unit set up by International Monetary Fund.
22.SLI: abbreviation of Shipper’s Letter of Instruction which is a document containing instructions given by the shipper or his agent for preparation of documents and forwarding.
23.ULD: abbreviation of Unit Load Device of aircraft including containers, igloos, pallets.
Article 5. Cargo acceptance
The carrier undertakes to transport shipments, subject to the availability of suitable equipment and capacity. In addition to the carrier’s regulations, cargo acceptance shall comply with the following requirements:
1. The transport thereof is not prohibited by the laws or regulations of any country to be flown from, to or over.
2. The shipment is packed, marked, labeled in a manner suitable for carriage by air.
3. The shipment is accompanied by requisite shipping documents.
4. The shipment is not likely to endanger aircraft, properties, persons and other shipments.
The carrier reserves the right without assuming any liability to refuse transport of cargo when circumstances so require.
Article 6. Valuation limit of shipment
The carrier has the right to refuse transport of shipments or groups of shipments having a declared value for carriage in excess of USD 2,000,000 or equipvalent in one flight.
Article 7. Packing, marking and labeling
1. Shipper is responsible for ensuring that the cargo is packed in an appropriate way for transport so as to ensure that:
a) The shipment can be safely tranported with ordinary care in handling.
b) The shipment can be protected from normal weather conditions such as rain, wind, heat and cold.
c) The shipment does not injure or damage any persons, animals, goods or property.
d) Each piece of the shipment shall be legibly and durably marked with the name and full address of the shipper and consignee.
e) Each piece of the shipment shall be attached with cargo identification labels and special cargo labels (when sending special cargo) as required by the carrier subject to each kind of cargo.
2. Packages of valuable cargo shall be strongly packed and sealed if so requested by the carrier.
3. The carrier is under no obligation to note or be aware of any information in consolidated or pre-packed shipments.
4. The carrier reserves the right to refuse the transport of shipments that is not properly packed or marked.
Article 8. Special cargo acceptance
1.Special cargo including but not limited to valuable cargo, dangerous goods, live animals, perishable cargo, fragile cargo, human remains, etc., are accepted only under the conditions set forth in regulations of the carrier and of concerning countries applicable to the transport of such cargo.
2.For dangerous goods, the shipper is responsible for ensuring nature of goods to comply with regulations of the carrier and concerning regulations. During the transport, in the carrier’s opinion, if the shipment is found to be dangerous, inflammable, explosive, volatile, offensive or damaging in nature, the carrier reserves the right to retain, destroy or dispose the shipment without compensation to shipper and at the sole cost of shipper.
3.If shipper violates the regulation of dangerous goods declaration, his violation will be treated in accordance with the law and the carrier’s regulations:
a.The carrier can temporarily stop transport of that shipper’s cargo within a time period and inform him of such decision;
b. After taking an audit of that shipper’s corrective actions, the carrier will make decision of recovering transport of that shipper’s cargo;
c. The shipper is liable for any loss or damage arising from his violation in declaration to the carrier and the third party.
4. Special cargo shall be packed and sufficiently documented in accordance with the carrier’s special cargo handling procedures which are incorporated and form part of these Conditions. In case such shipment is damaged for any reason, the carrier in its sole discretion may take actions as it deems appropriate.
5. Responsibility for non-observance of conditions relating to the transport of special cargo rests upon the shipper who shall indemnify the carrier for any loss, damage, delay or penalties the carrier may incur because of the transport of such cargo.
Article 9. The carrier’s right of inspection
The carrier reserves the right to examine the packaging and contents of shipments and to enquire into the sufficiency of information or documents tendered in respect of any shipment. However, the carrier shall be under no obligation to do so.
Shipper shall warrant to provide the carrier with information of number of pieces, weight of packages at the time of booking and acceptance. However, due to the carrier has no obligation to examine contents of shipments, he is exempt from any liabilities for costs as a result of shipper’s non-compliance with the warranty.
Article 10. Loading by shipper himself
Article 11. Air waybill
1. Purposes of air waybill issuance are as follows:
a) Proof of contract of carriage;
b) Proof of cargo delivery;
c) Transport receipt;
d) Insurance certificate (if insurance is required by shipper);
e) Instructions of cargo handling, transport and delivery.
2. Paper air waybill:
Shipper shall make out or have made out on his behalf, an air waybill in the form, manner and number of copies prescribed by carrier, and shall deliver such air waybill to the carrier simultaneously with cargo acceptance by the carrier.
Contract of carriage is effective as soon as paper air waybill is completed, which means when parties sign in paper air waybill. The parties include the carrier or the agent appointed by the issuing carrier and shipper or his representative.
Contract of carriage is invalid when the shipment is delivered to the consignee or his authorised agent in paper air waybill.
3. Electronic air waybill:
The carrier can substitute paper air waybill with electronic air waybill. Then shipment record is a performance means of electronic air waybill, which preserves a proof of the transport to be performed. In such case, if so requested by shipper, the carrier shall deliver to the shipper a cargo receipt for the cargo permitting identification of the shipment and access, in accordance with the carrier’s regulations, to the information contained in the shipment record.
Contract of carriage is effective as soon as completed cargo receipt can be printed and provided to shipper, and it is invalid when the shipment is delivered to consignee or his authorised agent in shipment record.
Article 12. Accompanied documents
1. Subject to each type of cargo, routing and concerning authorities’ requirements in cargo control (if available), different documents are required to be accompanied by each shipment.
2. Accompanied documents shall be ensured to meet authorities’ requirements of countries in origin, transit and destination in shipment’s routing.
3. Shipper is responsible for preparing shipment’s documents in accordance with export, import and transit requirements of concerning countries in shipment’s routing.
4. Only documents necessary for transport and customs declaration of shipment are permitted to be attached to air waybill or cargo receipt. House air waybills of consolidators can be included.
Article 13. Preparation, correction and completion of shipment’s documents1. Shipper can authorise the carrier to make out air waybill on his behalf on the basis of information provided by him by means of SLI. If paper air waybill is handed over with cargo, or shipment record is completed, or if particulars and statements relating to the cargo furnished by or on behalf of shipper to the carrier for insertion in air waybill do not contain all the required particulars, or if the air waybill or such particulars or statements contain any error, the carrier is authorised to complete or correct the air waybill or particulars or statements to the best of the carrier’s ability without being under any obligation to do so.
Article 14. General
1. Rate is the amount of money charged by the carrier for transport of a unit of weight (kg) or a loading position (ULD) of cargo.
2. Applied rate is the rate effective on the day of issuing air waybill by the carrier or his agent. Rate is subject to rules and conditions published in the carrier’s regulations and rate tariffs.
3. Charge is the amount of money paid for transport of the shipment or related services. Charge depends on the shipment’s weight, volume and shipper’s declared value.
4. Charge is calculated by the following methods:
a) For shipments of weighing unit rate, applied rate is multipled by chargeable weight; or
b) For shipments of ULD rate, applied rate is multipled by numbers of used ULDs.
Article 15. Services excluded from rates and fees
Article 17. General
1. Weight charge and valuation charge as well as other arisen charges are called “Charges Prepaid” (PP) if they are paid by shipper when sending the shipment at origin station and called “Charges Collect” (CC) if paid by consignee when receiving the shipment at destination station.
2. Weight charge and valuation charge must be paid totally in PP or CC. Partly PP and partly CC are not accepted.
Article 18. Charges Prepaid
Shipments are usually accepted in PP. PP includes weight charge, valuation charge and other charges arising prior to departure of the shipment. In addition, PP can include taxes/duties of government or airport authorities in transit which are already known in origin station.
Article 19. Charges Collect
1. CC is usually applied on definite conditions that the final carrier or the delivery carrier accepts CC and CC shall follow regulations of such carrier.
Conditions of CC are regulated by concerning countries.
In any event the carrier reserves the right to refuse shipments on a CC basis to any country where regulations prevent the conversion of funds into other currencies or the transfer of funds to other countries.
2. CC is not accepted for some types of cargo as follows:
a) The shipment is related to persons of legal capability insufficiency,
b) Consignee’s address is at terminals, hotels, customs or other unclear addresses,
c) The shipment’s value at destination is lower than charges (such as samples, newspapers, household tools and personal effects),
d) Perishable cargo, live animals, gift and human remains.
Article 20. Payment of charges
Article 21. Shipper’s responsibilities
1. Shipper shall comply with all applicable rules and governmental regulations of origin, destination and transit or overfly countries including requirements of packaging, transport or delivery. Shipper shall provide information and attach documents with the air waybill or cargo receipt in compliance with laws and regulations. The carrier is not responsible for checking correctness and sufficiency of information or documents provided by shipper. The carrier is not responsible for losses or expenses due to shipper’s failure to comply with this provision.
2. Shipper shall ensure to make payment for all due charges in compliance with the carrier’s tariff, conditions of carriage and relating regulations, effective laws (including national laws implementing a convention), regulations, directives and requirements of governments, unless the carrier accepts Charges collect from consignee without the shipper’s written agreement.
3. Shipper or his representative shall be responsible for correctness of information and related content of the shipment provided by him to complete the air waybill. If such information is provided in EDI, shipper or his agent is responsible for rechecking content, correctness and completion of information in EDI.
4. Shipper shall indemnify the carrier for every damage that the carrier must suffer or for any other person that the carrier must be liable for due to shipper’s non-compliance with his commitments.
Article 22. Shipper’s right of disposition
Article 23. Notice of arrival
1. Notice of arrival is the provision of the shipment’s arrival information to consignee so that he can arrange to receive the shipment.
2. Notice of arrival is the responsibility of the carrier and is the basis for claim settlement if there is any. Immediately after the shipment’s arrival at destination, notice of arrival in writing or other forms shall be sent to consignee or his authorised agent.
Article 24. Delivery of shipment
Except as otherwise specifically provided in the air waybill, delivery of the shipment will be made only to consignee or his authorised agent. Delivery to consignee shall be deemed to have been effected when:
a) The carrier has delivered the shipment to the consignee or his agent, the shipment is at the consignee’s custody, or
b) The shipment has been delivered to customs or other government authorities as required by applicable laws or regulations.
Article 25. Place of delivery
Except for advance arrangement with the carrier, consignee shall receive the shipment at destination shown on the air waybill or following the carrier’s instructions.
Article 26. Pick-up and delivery services (delivery at consignee’s address)
1. As a rule, shipments are accepted at the carrier’s cargo terminals or offices at origin for transport to destination. Pick-up and delivery are of consignee’s responsibilities.
2. Pick-up service and delivery service will be available at the points, to the extent and subject to the rates and charges established for such services. These services are only performed when there is a special arrangement between the carrier and shipper or consignee, and this requirement shall be notified the carrier prior to the shipment’s arrival at destination.
3. The carrier can authorise trucking companies or cargo handling companies to perform pick up and delivery services, then such performance shall be upon the same terms as to liability as set forth in Chaper VIII of these Conditions.
Article 27. Non delivery
If consignee refuses to receive the shipment or the shipment can not be delivered, the carrier will endeavour to comply with shipper’s instructions shown on SLI or air waybill. If such instructions are not so set forth or can not reasonably by complied with, the carrier can, after notifying shipper, apply some measures as follows:
a) Returning the shipment to origin or waiting for next instructions from shipper or,
b) Destroying the shipment or selling a part, some parts or the whole of the shipment after a definite period of time in accordance with effective regulations of concerned authorities.
Shipper and owner of the shipment are responsible for all costs arisen from consignee’s refusal to take delivery, including costs of returning the shipment to origin.
In case of auction, the carrier can get back the money covering all arisen costs before refunding to shipper.
Cargo destroying or auction shall comply with effective regulations of concerned authorities.
2. Perishable cargo:
When a shipment containing perishable articles is delayed, is refused by consignee at place of delivery, or for other reasons is damaged or threatened with deterioration, the carrier shall immediately take necessary steps as it sees fit for the protection of all concerned parties in interest, including the destruction or abandonment of all or any part of the shipment, informing shipper of arisen costs, or the disposition of the shipment at public or private sale without notice to shipper.
Article 28. Responsibilities of making payment of arisen costs
Article 29. The carrier’s liabilities
1. The carrier is liable to shipper and consignee or their authorised persons for damages sustained in the event of destruction or loss of, or damage to, or delay in the transport of cargo. However, the carrier is not liable if the destruction, loss of or damage to cargo resulted from the inherent defect, quality or nature of that cargo.
2. The carrier is not liable in any event for any loss when he fully performs all his duties in compliance with these Conditions and concerning rules and regulations, whether or not he has knowledge that such loss, deficiency and damage might be incurred.
3. The carrier is wholly or partly exonerated from liability to the claimant to the extent that loss, deficiency and damage caused by the claimant (including his neglience, carelessness, omission and illegal acts, etc).
4. The carrier reserves the right to examine packaging and content of all shipments and to enquire into the correctness or sufficiency of information or documents tendered in respect of any shipment. However, the carrier shall be under no obligation to do so. And under no circustances is the carrier responsible for any direct or indirect loss due to such action of his examination of packaging and content of shipments.
5. The carrier shall not be liable for refusing to carry any shipment if he reasonably determines in good faith that such refusal is required by any applicable laws, government regulations or requirements.
6. The carrier has the right to require shipper, owner and consignee to indemnify him if their property causes damage to or destruction of another shipment or of the property of the carrier, and to indemnify him for all losses and expenses incurred by the carrier.
7. The carrier’s liability for a shipment is set from the time when shipper finishes cargo sending procedures till the time when the carrier delivers the shipment to person entitled to delivery or transfers it to the next carrier for forwarding.
Article 30. The carrier’s liability limitation
Article 31. Claim notification
1. The carrier only accepts claim letters from consignee or shipper (when being authorised by consignee, when consignee refuses to receive shipment or when the carrier can not contact consignee) or legal inheritor, person being authorised by these persons.
2. All claims are made in writing and sent to the carrier within a period of time as follows:
a) In the case of damage of cargo: within 14 days from the date of receipt of the shipment;
b) In the case of delay: within 21 days from the date of arrival of the last piece of the shipment;
c) In the case of loss of cargo: within 120 days from the date of issuance of the air waybill.
Article 32. Limitation on actions
Any right to damages against the carrier shall be extinguished unless an action is brought within two years from the date when aircraft arrived at destination, the date when aircraft ought to have arrived at destination or the date when the transport stopped, subject to which time is the latest.