Consulting services on terms required in transportation contracts

Terms required in transportation contracts are indispensable provisions to protect the interests of the parties in the contract. A standard shipping contract helps minimize risks, making the shipping process smooth and efficient. At the same time, build sustainable business relationships, increase reputation and profits. Please follow the following article, Long Phan will advise you in detail on the core elements needed in a transportation contract.

Common types of transportation contracts

A contract of carriage is an agreement between parties regarding the carriage of goods or passengers. The Civil Code 2015 regulates two main types of transportation contracts: passenger transportation contracts and property transportation contracts.

A passenger transportation contract is an agreement between the carrier and the passenger. Accordingly, the carrier is obliged to take the passenger and luggage to the designated location, and the passenger must pay the transportation fee.

A property transportation contract is an agreement between the carrier and the charterer. The carrier is responsible for moving the property to the designated location and delivering it to the person entitled to receive it. The party hiring the freight is obliged to pay the freight.

These types of transport contracts can apply to many modes of transport such as road, waterway, railway, and air. Each mode of transport will have its own specific terms and regulations.

Terms required in the transportation contract

Pursuant to Clause 2, Article 15 of Decree 10/2020/ND-CP clearly stipulates the minimum contents that must be included in passenger and cargo transportation contracts. Specifically, when drafting a transportation contract, you need to pay attention to the following terms:

• Information about the transport business unit signing the contract: Name, address, phone number, tax code, representative signing the contract;
• Driver information: Full name, phone number;
• Information about the passenger or transport hirer (organization or individual): Name, address, phone number, tax code (if any);
• Vehicle information: Vehicle license plate and capacity (tonnage);
• Information about contract performance: Contract start and end time (date, time); starting point address, ending point address and pick-up and drop-off points (or loading and unloading of goods) on the transport itinerary; distance of transport journey (km); number of passengers (or volume of goods transported);
• Information about contract value and payment method;
• Regulations on the responsibilities of the parties participating in the implementation of the transportation contract, which demonstrate the fulfillment of tax obligations to the state; rights and obligations of the carrier, passengers or transport hirer; Contact phone number to receive and resolve feedback, complaints and denunciations from passengers; Commitment to responsibility for implementing the contract and regulations on compensation for transport hirers and passengers.

Things to note when drafting an effective transportation contract

When drafting a transportation contract, the parties need to pay attention to a number of important points to ensure efficiency and minimize risks. Understanding the responsibilities and rights of each party is a key factor. Specifically, you need to note the following when signing a transportation contract:

First, a contract can be concluded in writing, orally or established by specific acts according to Article 119 of the Civil Code 2015. However, to ensure a complete, detailed and limited contract, To minimize disputes, the parties should enter into a written transportation contract.

Second, there must be minimum contents in the passenger and cargo transportation contract as prescribed in Decree 10/2020/ND-CP.

Third, you need to carefully read the content of your rights and obligations in the contract before signing, especially the terms related to the carrier’s responsibilities, risk transfer, and insurance. Passenger, cargo insurance, dispute resolution…

Fourth, the contract needs to clearly stipulate compensation responsibilities, penalties for violations, and remedial measures in case of violations.

Fifth, when drafting a transportation contract, the terms must be clear and specific. In case there are words with different meanings, there must be a common annotation to unify a single understanding.

Thus, understanding the above notes will ensure the rights of the parties and minimize disputes.

Consulting services, drafting all types of professional transportation contracts

Long Phan is proud to bring professional, high-quality services to customers to ensure the risk and high efficiency of shipping transactions. Below, we will provide customers with consulting services and drafting transportation contracts:

• Consulting and analyzing the specific needs of each customer to choose the appropriate contract type.
• Advise and explain important terms in the contract to customers.
• Consulting on the conditions for the validity of the transportation contract.
• Provide standard shipping contract templates.
• Review, amend, supplement and complete the contract.
• Support drafting contracts according to regulations, clearly and accurately.
• Support negotiation, negotiation, and signing of transportation contracts.
• Instruct customers on the contract dispute resolution process (if any).
• Consulting and supporting issues that arise during the implementation of transportation contracts.

To ensure benefits and minimize risks, customers should consult experts when drafting a transportation contract. If you need in-depth advice and support on contract drafting, please contact Long Phan immediately via the hotline: 0906735386. Long Phan believes that with his companion, customers will be confident in signing and building effective transportation contracts and creating a solid foundation for their business operations.