Công ước Vienna - the Multi modal Vienna Convention
CÔNG ƯỚC VIÊN CỦA BỘ NGOẠI GIAO NGÀY 24 THÁNG 4 NĂM 1963 VỀ QUAN HỆ LÃNH SỰ
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United Nations Convention on International
Multimodal Transport of Goods (Geneva, 24 May 1980)
United Nations (UN)
©
copy @
Lex Mercatoria
Membership Carriage of Goods Multimodal
UNCITRAL;
LM toc LM 20**
©
United Nations (UN) 1980
United Nations Convention on International Multimodal
Transport of Goods (Geneva, 24 May 1980)
Part I General Provisions
Article 1 Definitions
Article 2 Scope of application
Article 3 Mandatory application
Article 4 Regulation and control of multimodal transport
Part II Documentation
Article 5 Issue of multimodal transport document
Article 6 Negotiable multimodal transport document
Article 7 Nonnegotiable multimodal transport
Article 8 Contents of the multimodal transport document
Article 9 Reservations in the multimodal transport document
Article 10 Evidentiary effect of the multimodal transport document
Article 11 Liability for intentional misstatements or omissions
Article 12 Guarantee by the consignor
Article 13 Other documents
Part III Liability of the Multimodal Transport Operator
Article 14 Period of responsibility
Article 15 The liability of the multimodal transport operator for his
servants, agents and other persons
Article 16 Basis of liability
Article 17 Concurrent causes
Article 18 Limitation of liability
Article 19 Localised damage
Article 20 Noncontractual liability
Article 21 Loss of the right to limit liability
Part IV Liability of the Consignor
Article 22 General rule
Article 23 Special rules on dangerous goods
Part V Claims and Actions
Article 24 Notice of loss, damage or delay
Article 25 Limitation of actions
Article 26 Jurisdiction
Article 27 Arbitration
Part VI Supplementary Provisions
Article 28 Contractual stipulations
Article 29 General average
Article 30 Other Conventions
Article 31 Unit of account of monetary unit and conversion
Part VII Customs Matters
Article 32 Customs transit
Part VIII Final Clauses
Article 33 Depositary
Article 34 Signature, ratification, acceptance, approval and
accession
Article 35 Reservations
Article 36 Entry into force
Article 37 Date of application
Article 38 Rights and obligations under existing conventions
Article 39 Revision and amendments
Article 40 Denunciation
[Post Provisions]
Annex
Article I
Article II
Article III
Article IV
Article V
Article VI
Document Information
MetaData
Word Map (index)
1
United Nations Convention on International
Multimodal Transport of Goods (Geneva, 24
May 1980)
[Preamble]
2
The States Parties to this Convention,
3
Recognising:
4
(a) That international multimodal transport is one
means of facilitating the orderly expansion of world trade;
5
(b) The need to stimulate the development of
smooth, economic and efficient multimodal transport
services adequate to the requirements of the trade
concerned;
6
(c) The desirability of ensuring the orderly
development of international multimodal transport in the
interest of all countries and the need to consider the
special problems of transit countries;
7
(d) The desirability of determining certain rules
relating to the carriage of goods by international
multimodal transport contracts, including equitable
provisions concerning the liability of multimodal transport
operators;
8
(e) The need that this Convention should not
affect the application of any international convention or
national law relating to the regulation and control of
transport operations;
9
(f) The right of each State to regulate and control
at the national level multimodal transport operators and
operations;
10
(g) The need to have regard to the special
interest and problems of developing countries, for
example, as regards introduction of new technologies,
participation in multimodal services of their national
carriers and operators, cost efficiency thereof and
maximum use of local labour and insurance;
11
(h) The need to ensure a balance of interests
between suppliers and users of multimodal transport
services;
12
(i) The need to facilitate customs procedures with
due consideration to the problems of transit countries;
13
Agreeing to the following basic principles:
14
(a) That a fair balance of interests between
developed and developing countries should be
established and an equitable distribution of activities
between these groups of countries should be attained in
international multimodal transport;
15
(b) That consultation should take place on terms
and conditions of service, both before and after the
introduction of any new technology in the multimodal
transport of goods, between the multimodal transport
operator, shippers, shippers' organisations and
appropriate national authorities;
16
(c) The freedom for shippers to choose between
multimodal and segmented transport services;
17
(d) That the liability of the multimodal transport
operator under this Convention should be based on the
principle of presumed fault or neglect;
18
Have decided to conclude a Convention for this
purpose and have thereto agreed as follows:
19
Part I General Provisions
20
Article 1 Definitions
21
For the purposes of this Convention:
22
1. "International multimodal transport" means the
carriage of goods by at least two different modes of
transport on the basis of a multimodal transport contract
from a place in one country at which the goods are taken
in charge by the multimodal transport operator to a place
designated for delivery situated in a different country.
The operations of pickup and delivery of goods carried
out in the performance of a unimodal transport contract,
as defined in such contract, shall not be considered as
international multimodal transport.
23
2. "Multimodal transport operator" means any
person who on his own behalf or through another person
acting on his behalf concludes a multimodal transport
contract and who acts as a principal, not as an agent or
on behalf of the consignor or of the carriers participating
in the multimodal transport operations, and who assumes
responsibility for the performance of the contract.
24
3. "Multimodal transport contract" means a
contract whereby a multimodal transport operator
undertakes, against payment of freight, to perform or to
procure the performance of international multimodal
transport. 4. "Multimodal transport document" means a
document which evidences a multimodal transport
contract, the taking in charge of the goods by the
multimodal transport operator, and an undertaking by him
to deliver the goods in accordance with the terms of that
contract.
25
5. "Consignor" means any person by whom or in
whose name or on whose behalf a multimodal transport
contract has been concluded with the multimodal
transport operator, or any person by whom or in whose
name or on whose behalf the goods are actually
delivered to the multimodal transport operator in relation
to the multimodal transport contract.
26
6. "Consignee" means the person entitled to take
delivery of the goods.
27
7. "Goods" includes any container, pallet or
similar article of transport or packaging, if supplied by the
consignor.
28
8. "International convention" means an
international agreement concluded among States in
written form and governed by international law.
29
9. "Mandatory national law" means any statutory
law concerning carriage of goods the provisions of which
cannot be departed from by contractual stipulation to the
detriment of the consignor.
30
10. "Writing" means, inter alia, telegram or telex.
31
Article 2 Scope of application
32
The provisions of this Convention shall apply to
all contracts of multimodal transport between places in
two States, if:
33
(a) The place for the taking in charge of the
goods by the multimodal transport operator as provided
for in the multimodal transport contract is located in a
Contracting State, or
34
(b) The place for delivery of the goods by the
multimodal transport operator as provided for in the
multimodal transport contract is located in a Contracting
State.
35
Article 3 Mandatory application
36
1. When a multimodal transport contract has
been concluded which according to article 2 shall be
governed by this Convention, the provisions of this
Convention shall be mandatorily applicable to such
contract.
37
2. Nothing in this Convention shall affect the right
of the consignor to choose between multimodal transport
and segmented transport.
38
Article 4 Regulation and control of multimodal
transport
39
1. This Convention shall not affect, or be
incompatible with, the application of any international
convention or national law relating to the regulation and
control of transport operations.
40
2. This Convention shall not affect the right of
each State to regulate and control at the national level
multimodal transport operations and multimodal transport
operators, including the right to take measures relating to
consultations, especially before the introduction of new
technologies and services, between multimodal transport
operators, shippers, shippers' organisations and
appropriate national authorities on terms and conditions
of service; licensing of multimodal transport operators;
participation in transport; and all other steps in the
national economic and commercial interest.
41
3. The multimodal transport operator shall
comply with the applicable law of the country in which he
operates and with the provisions of this Convention.
42
Part II Documentation
43
Article 5 Issue of multimodal transport
document
44
1. When the goods are taken in charge by the
multimodal transport operator, he shall issue a
multimodal transport document which, at the option of the
consignor, shall be in either negotiable or nonnegotiable
form.
45
2. The multimodal transport document shall be
signed by the multimodal transport operator or by a
person having authority from him.
46
3. The signature on the multimodal transport
document may be in handwriting, printed in facsimile,
perforated, stamped, in symbols, or made by any other
mechanical or electronic means, if no inconsistent with
the law of the country where the multimodal transport
document is issued.
47
4. If the consignor so agrees, a nonnegotiable
multimodal transport document may be issued by making
use of any mechanical or other means preserving a
record of the particulars stated in article 8 to be
contained in the multimodal transport document. In such
a case the multimodal transport operator, after having
taken the goods in charge, shall deliver to the consignor
a readable document containing all the particulars so
recorded, and such document shall for the purposes of
the provisions of this Convention be deemed to be a
multimodal transport document.
48
Article 6 Negotiable multimodal transport
document
49
1. Where a multimodal transport document is
issued in negotiable form:
50
(a) It shall be made out to order or to bearer;
51
(b) If made out to order it shall be transferable by
endorsement;
52
(c) If made out to bearer it shall be transferable
without endorsement;
53
(d) If issued in a set of more than one original it
shall indicate the number of originals in the set;
54
(e) If any copies are issued each copy shall be
marked "nonnegotiable copy"
55
2. Delivery of the goods may be demanded from
the multimodal transport operator or a person acting on
his behalf only against surrender of the negotiable
multimodal transport document duly endorsed where
necessary.
56
3. The multimodal transport operator shall be
discharged from his obligation to deliver the goods if,
where a negotiable multimodal transport document has
been issued in a set of more than one original, he or a
person acting on his behalf has in good faith delivered
the goods against surrender of one of such originals.
57
Article 7 Nonnegotiable multimodal transport
58
1. Where a multimodal transport document is
issued in nonnegotiable form it shall indicate a named
consignee.
59
2. The multimodal transport operator shall be
discharged from his obligation to deliver the goods if he
makes delivery thereof to the consignee named in such
nonnegotiable multimodal transport document or to such
other person as he may be duly instructed, as a rule, in
writing.
60
Article 8 Contents of the multimodal transport
document
61
1. The multimodal transport document shall
contain the following particulars:
62
(a) The general nature of the goods, the leading
marks necessary for identification of the goods, an
express statement, if applicable, as to the dangerous
character of the goods, the number of packages or
pieces, and the gross weight of the goods or their
quantity otherwise expressed, all such particulars as
furnished by the consignor;
63
(b) The apparent condition of the goods;
64
(c) The name and principal place of business of
the multimodal transport operator;
65
(d) The name of the consignor;
66
(e) The consignee, if named by the consignor;
67
(f) The place and date of taking in charge of the
goods by the multimodal transport operator;
68
(g) The place of delivery of the goods;
69
(h) The date or the period of delivery of the
goods at the place of delivery, if expressly agreed upon
between the parties;
70
(i) A statement indicating whether the multimodal
transport document is negotiable or nonnegotiable;
71
(j) The place and date of issue of the multimodal
transport document;
72
(k) The signature of the multimodal transport
operator or of a person having authority from him;
73
(l) The freight for each mode of transport, if
expressly agreed between the parties, or the freight
including its currency, to the extent payable by the
consignee or other indication that freight is payable by
him;
74
(m) The intended journey route, modes of
transport and places of transhipment, if known at the time
of issuance of the multimodal transport document;
75
(n) The statement referred to in paragraph 3 of
article 28;
76
(o) Any other particulars which the parties may
agree to insert in the multimodal transport document, if
not inconsistent with the law of the country where the
multimodal transport document is issued.
77
2. The absence from the multimodal transport
document of one or more of the particulars referred to in
paragraph 1 of this article shall not affect the legal
character of the document as a multimodal transport
document provided that it nevertheless meets the
requirements set out in paragraph 4 of article 1.
78
Article 9 Reservations in the multimodal
transport document
79
1. If the multimodal transport document contains
particulars concerning the general nature, leading marks,
number of packages or pieces, weight or quantity of the
goods which the multimodal transport operator or a
person acting on his behalf knows, or has reasonable
grounds to suspect, do not accurately represent the
goods actually taken in charge, or if he has no
reasonable means of checking such particulars, the
multimodal transport operator or a person acting on his
behalf shall insert in the multimodal transport document a
reservation specifying these inaccuracies, grounds of
suspicion or the absence of reasonable means of
checking.
80
2. If the multimodal transport operator or a
person acting on his behalf fails to note on the
multimodal transport document the apparent condition of
the goods, he is deemed to have noted on the
multimodal transport document that the goods were in
apparent good condition.
81
Article 10 Evidentiary effect of the multimodal
transport document
82
Except for particulars in respect of which and to
the extent to which a reservation permitted under article
9 has been entered:
83
(a) The multimodal transport document shall be
prima facie evidence of the taking in charge by the
multimodal transport operator of the goods as described
therein; and
84
(b) Proof to the contrary by the multimodal
transport operator shall not be admissible if the
multimodal transport document is issued in negotiable
form and has been transferred to a third party, including
a consignee, who has acted in good faith in reliance on
the description of the goods therein.
85
Article 11 Liability for intentional
misstatements or omissions
86
When the multimodal transport operator, with
intent to defraud, gives in the multimodal transport
document false information concerning the goods or
omits any information required to be included under
paragraph 1 (a) or (b) of article 8 or under article 9, he
shall be liable, without the benefit of the limitation of
liability provided for in this Convention, for any loss,
damage or expenses incurred by a third party, including
a consignee, who acted in reliance on the description of
the goods in the multimodal transport document issued.
87
Article 12 Guarantee by the consignor
88
1. The consignor shall be deemed to have
guaranteed to the multimodal transport operator the
accuracy, at the time the goods were taken in charge by
the multimodal transport operator, of particulars relating
to the general nature of the goods, their marks, number,
weight and quantity and, if applicable, to the dangerous
character of the goods, as furnished by him for insertion
in the multimodal transport document.
89
2. The consignor shall indemnify the multimodal
transport operator against loss resulting from
inaccuracies in or inadequacies of the particulars referred
to in paragraph 1 of this article. The consignor shall
remain liable even if the multimodal transport document
has been transferred to him. The right of the multimodal
transport operator to such indemnity shall in no way limit
his liability under the multimodal transport contract to any
person other than the consignor.
90
Article 13 Other documents
91
The issue of the multimodal transport document
does not preclude the issue, if necessary, of other
documents relating to transport or other services involved
in international multimodal transport, in accordance with
applicable international conventions or national law.
However, the issue of such other documents shall not
affect the legal character of the multimodal transport
document.
92
Part III Liability of the Multimodal Transport
Operator
93
Article 14 Period of responsibility
94
1. The responsibility of the multimodal transport
operator for the goods under this Convention covers the
period from the time he takes the goods in his charge to
the time of their delivery.
95
2. For the purpose of this article, the multimodal
transport operator is deemed to be in charge of the
goods:
96
(a) From the time he has taken over the goods
from:
97
(i) The consignor or a person acting on his
behalf; or
98
(ii) An authority or other third party to whom,
pursuant to law or regulations applicable at the place of
taking in charge, the goods must be handed over for
transport;
99
(b) Until the time he has delivered the goods:
100
(i) By handing over the goods to the consignee;
or
101
(ii) In cases where the consignee does not
receive the goods from the multimodal transport
operator, by placing them at the disposal of the
consignee in accordance with the multimodal transport
contract or with the law or with the usage of the
particular trade applicable at the place of delivery; or
102
(iii) By handing over the goods to an authority or
other third party to whom, pursuant to law or regulations
applicable at the place of delivery, the goods must be
handed over.
103
3. In paragraphs 1 and 2 of this article,
reference to the multimodal transport operator shall
include his servants or agents or any other person of
whose services he makes use for the performance of
the multimodal transport contract, and reference to the
consignor or consignee shall include their servants or
agents.
104
Article 15 The liability of the multimodal
transport operator for his servants, agents and
other persons
105
Subject to article 21, the multimodal transport
operator shall be liable for the acts and omissions of his
servants or agents, when any such servant or agent is
acting within the scope of his employment, or of any
other person of whose services he makes use for the
performance of the multimodal transport contract, when
such person is acting in the performance of the contract,
as if such acts and omissions were his own.
106
Article 16 Basis of liability
107
1. The multimodal transport operator shall be
liable for loss resulting from loss or damage to the
goods, as well as from delay in delivery, if the
occurrence which caused the loss, damage or delay in
delivery took place while the goods were in his charge
as defined in article 14, unless the multimodal transport
operator proves that he, his servants or agents or any
other person referred to in article 15 took all measures
that could reasonably be required to avoid the
occurrence and its consequences.
108
2. Delay in delivery occurs when the goods have
not been delivered within the time expressly agreed
upon or, in the absence of such agreement, within the
time which it would be reasonable to require of a diligent
multimodal transport operator, having regard to the
circumstances of the case.
109
3. If the goods have not been delivered within 90
consecutive days following the date of delivery
determined according to paragraph 2 of this article, the
claimant may treat the goods as lost.
110
Article 17 Concurrent causes
111
Where fault or neglect on the part of the