Pass of risks in cases where there is a fixed place of delivery of goods

Article 57.- Pass of risks in cases where there is a fixed place of delivery of goods

Set-up-company-in-vietnam-Vinasc2Unless otherwise agreed, if the seller is obliged to deliver the goods to the purchaser at a particular place, the risk of goods loss or damage shall be passed to the purchaser as soon as the goods are delivered to the purchaser or the person authorized by the purchaser to receive the goods at such place, even in cases where the seller is authorized to retain the documents which establish the ownership rights over the goods.

Article 58.- Pass of risks in cases where there is no fixed place of delivery of goods

Unless otherwise agreed, if the contract contains provisions on the goods transportation and the seller is not obliged to deliver the goods at a given place, the risk of goods loss or damage shall be passed to the purchaser as soon as the goods are delivered to the first carrier.

Article 59.- Pass of risks in cases where goods are handed over to a bailee that is not a carrier

Unless otherwise agreed, if the goods are being kept by a bailee that is not a carrier, the risks of goods loss or damage shall be passed to the purchaser in one of the following cases:

1. Upon receipt by the purchaser of documents of title to the goods;

2. Upon the confirmation by the bailee of the purchaser’s right to possession of the goods.

Article 60.- Pass of risks in case of purchase and sale of goods in transportation

Set-up-company-in-vietnam-Vinasc1Unless otherwise agreed, if the subject matter of the contract is goods in transportation, the risk of goods loss or damage shall be passed to the purchaser as from the time the contract is entered into.

Article 61.- Pass of risks in other cases

Unless otherwise agreed, the pass of risks in other cases is provided for as follows:

1. For cases not specified in Articles 57, 58, 59 and 60 of this Law, the risk of goods loss or damage is to be passed to the purchaser as from the time the goods fall under the purchaser’s right of disposal and the purchaser breaches the contract by rejecting the goods.

2. Risk of goods loss or damage is not to be passed to the purchaser if the goods are neither clearly identified by their signs, codes or bills of transportation, nor notified to the purchaser, nor identified by any means.

Article 62.- Time of transferring ownership of goods

Unless otherwise provided for by law or agreed upon by the parties, ownership of goods shall be passed from the seller to the purchaser as from the time of handover of the goods.