Legal framework for logistics operations in Vietnam
The wave of e-commerce, international trade in Vietnam has been creating a strong driving force for the development of logistics. The One Logistics would like to introduce to Enterprises who are interested in logistics field about the legal framework of this activity.
What is Logistics?
Commercial Law 2005 and Decree 140/2007 / ND-CP are the two most common legal provisions on logistics.
According to the 2005 Commercial Law, logistic services are defined as commercial activities whereby a trader organizes one or more jobs including receiving, transporting, warehousing, warehousing, customs clearance , other paperwork, customer consultation, packaging, marking, delivery or other services related to the goods as agreed with the customer for remuneration.
What type of service does logistics involve?
According to Decree 140/2007 / ND-CP, there are many types of logistics services, namely:
Main logistic services, including: cargo handling services, including container handling; Warehousing and storage services, including the operation of container warehouses and warehouses for processing raw materials and equipment; Transport agent services, including customs clearance and cargo handling operations; Other auxiliary services, including reception, storage and management of information relating to the transport and storage of goods throughout the logistic chain; re-handling of goods returned by the customer, goods in stock, overdue goods, modalities and re-distribution of such goods; Container leasing and leasing.
Transport-related logistic services, including: maritime transport services; Inland water transport services; Air transport services; Rail transport services; Road transportation services; Pipeline transportation service.
Other related logistics services, including: Technical testing and analysis services; Postal services; Wholesale trade services; Retail trade services, including inventory management, collection, gathering, sorting, redistribution and delivery; Other transport support services. Which logistics operations need to pay attention to legal documents?
To participate in the transport sector, in addition to complying with the general provisions of the Commercial Law 2005 and Decree 140/2007 / ND-CP, enterprises must strictly comply with specialized law provisions on each specific transport sector. The One Logistics would like to list the basic legal documents in each transport sector as follows:
You should note that the list above only provides the basic legal documents of each transport sector. Where an enterprise plans to invest in a particular sector, it should seek legal advice and assistance from its legal experts in order to ensure that the business complies with the law