In accordance with the Decree No. 169/2016/ND-CP dated December 27, 2016 of the Government on handling of cargo retained by carriers at Vietnamese seaports. Within 60 days from the day on which the vessel arrives at the port for delivery, if there is no consignee or the consignee fails to fully pay the debts or fails to offer necessary guarantees, then the carrier may sell such cargo at auction to collect the debts.
Within 03 days from the retention date, the carrier shall send the consigner and the consignee a written notification of the retention of cargo and the plan on sale of retained cargo to collect the debts. After 15 days from the day on which the notification specified in clause 1 of this Article is sent, if the carrier does not receive a response from the consigner and/or the consignee or the debts are not fully paid to the carrier, then the carrier shall announce the retention of cargo on at least one of daily newspapers or on means of mass media of central government or governments of central-affiliated cities and provinces of the place where the cargo is retained for 3 consecutive issues. Time limit for publication of notification may be extended for not exceeding 30 days from the date of notification to the consigner.
Regarding retained goods being perishable goods or the retention of goods is considered costly in comparison with the actual value of the goods, then the carrier may decide the time limit for auction of the retained goods to be under 60 days from the day on which the vessel arrives at the port to unload cargo and shall be responsible for his/her decision.
This Decree takes effect on July 01, 2017.
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