越南民航法 LAW ON CIVIL AVIATION OF VIET NAM 2006

時(shí)間：2014-12-21 09:06來源：藍(lán)天飛行翻譯公司 作者：民航翻譯 點(diǎn)擊：次

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2. The procedures for liquidation of the baggage shall be in conformity with the provisions of paragraphs 2 and 3 of Article 142 of this Law.
Section 5
AIR TRANSPORT PERFORMED BY CONTRACTING CARRIER AND ACTUAL CARRIER
Contracting carrier and actual carrier
1. Contracting carrier means any person who has concluded a contract of transport by air with a passenger or a shipper, with the agent of a passenger or of a shipper.
2. Actual carrier means any person to whom the contracting carrier has authorized the performance of the whole or part of the transportation and who is not the successive carrier as provided for in Article 118 of this Law.
Liability of contracting carrier and actual carrier
1. The contracting carrier shall be responsible for the whole transportation agreed in the contract. The actual carrier shall be responsible for the part of transportation that he performs.
2. The acts of the contracting carrier and of his servants and agents acting within the scope of their employment shall be deemed to be those of the actual carrier in relation to the part of transportation performed by the actual carrier. Nevertheless, no such act shall subject the actual carrier to liability exceeding the limits applicable under Section 1, Chapter VII of this Law.
3. The acts of the actual carrier and of his servants and agents acting within the scope of their duties shall, in relation to the transport performed by the actual carrier, be deemed to be also those of the contracting carrier.
4. Any agreements by the contracting carrier concerned not covered by this Chapter or agreements to refuse the rights provided for by this Chapter or any agreements on the declaration of value of cargo, checked baggage as provided for in paragraph 1(b) of the Article 162 shall not affect the liabilities of the actual carrier unless agreed to by him.
Addressee of complaints and instructions
1. Any complaint to be made or instruction to be given shall be addressed to the contracting carrier or the actual carrier, unless it is provided for in paragraph 2 of this Article.
2. Instructions referred to in Article 139 of this Law on the right of disposition of cargo shall only be effective if addressed to the contracting carrier.
Limits of liability of servants or agents
In relation to the transportation performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if he proves that he acted within the scope of his employment, be entitled to avail himself of the limits of liability under the provisions of Section 1, Chapter VII of this Law.
Aggregation of damages
In relation to the transportation performed by the actual carrier, the aggregate of the amounts recoverable from that carrier and the contracting carrier, and from their servants and agents acting within the scope of their employment, shall not exceed the highest amount which could be awarded against either the contracting carrier or the actual carrier. None of the persons mentioned shall be liable for a sum in excess of the limit of liability applicable to him.
Addressee of claims
In relation to the transportation performed by the actual carrier, an action may be brought against that carrier or the contracting carrier separately, or against both together. If the action is brought against only one of those carriers, that carrier shall have the right to require, by submitting the request to a court, the other carrier to join in the proceedings.
Section 6
TRANSPORTATION OF SPECIAL CARGO
Carriage of couriers, parcels and mails
The carriage of couriers, parcels and mails shall be in conformity with the provisions of this Law and the laws on post.
Carriage of dangerous goods
1. The dangerous goods mean articles or substances, which are capable of posing a risk to human health and life, safety of flight, property or the environment.
2. The carriage of dangerous goods by air shall be in compliance with provisions of this Law and other applicable regulations.

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