VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
DAM THI CAM
LOGISTICS SERVICE CONTRACT UNDER THE
CURRENT LAW OF VIETNAM
DOTORAL DISSERATION IN JURISPRUDENCE
HANOI - 2020
This work is completed at
VIETNAM ACADEMY OF SOCIAL SCIENCES
GRADUATE ACADEMY OF SOCIAL SCIENCES
Scientific Instructors: 1. Dr. Dang Vu Huan
2. Dr. Pham Sy Chung
Reviewer 1: Prof. Dr. Nguyen Thi Mo
Reviewer 2: Assoc. Prof. Dr. Le Thi Thu Thuy
Reviewer 3; Assoc. Prof. Dr. Duong Dang Hue
The dissertation will be defended before the Academy-level
Examination Board at:
Time: Date:
The dissertation can be found at:
- Vietnam National Library
- Library of Graduate Academy of Social Sciences
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INTRODUCTION
1. The urgency of the subject
Today, along with the development of scientific and technological
revolution, economic integration, globalization and logistics services have the
opportunity to thrive in production and business due to its benefits in
optimizing transport process and saving costs. Many recent studies show that
logistics services are outsourced by production and commercial enterprises to
reduce operating and investment costs. They focus on core products and
services and outsource other services including logistics. In recent years, this
trend has increased rapidly in the world, regional countries and Vietnam,
leading to the birth of many LSPs.
Logistics service and logistics service contract are still a new problem both
in theory and practice because it was only until 2005, under pressure in
negotiating with the United States about Vietnam's accession to WTO, logistics
service was first recorded in the Vietnamese legal system by recognizing it as a
mechanism in the Commercial Law 2005. The establishment of logistics service
as a type of commercial service has created a solid basis to develop and
improve the legal environment to attract foreign investment into Vietnam in this
field.
Since joining the WTO, the Vietnam's logistics market has made positive
changes with the number of enterprises operating in this field increasing
rapidly. Statistics from the Department of Business Management of the
Ministry of Planning and Investment show that the number of businesses
involved in providing logistics services is about 23,000, including 3,000
international logistics businesses, mainly located in Ho Chi Minh City and
neighboring provinces about 70%. According to VLA's research, out of more
than 3000 businesses, 20% are state-owned companies, 70% are limited
liability companies, 10% are private enterprises. The State currently has many
incentive policies to develop outsourced logistics services, recently the
Decision No. 200/QD-TTg dated February 14, 2017 approving the Action Plan
to improve competitiveness and develop logistics services in Vietnam by 2025
with the goal: “By 2025, the proportion of logistics services in the Gross
Domestic Product (GDP) will reach 8%-10%, the growth rate of services
reaches 15%-20%, outsourcing logistics services will reach 50%-60%, logistics
costs will be reduced to 16%-20% of GDP, ranking 50th and higher in the world
according to the national Logistics Capacity Index (LPI)”. Many ministries and
local government agencies have stepped up administrative reforms, cutting
down or simplifying administrative procedures related to logistics services,
especially specialized inspection procedures.
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In addition to joining the WTO, Vietnam has involved comprehensively in
new generations of FTA, whereby the Government has committed to opening
many logistics services sectors. This motivates Vietnamese businesses to
increase logistics service provision by concluding and implementing contracts.
Because Vietnam has a geographical terrain (long coast) which is favorable for
international trade, logistics services such as freight transport, warehousing,
customs services, etc. fully utilized and therefore it is forecasted to develop
strongly in the coming time to implement Vietnam's commitments in WTO,
CPTPP and EVFTA.
Although Logistics Service Contract is an effective tool for businesses to
expand markets, develop brands, meet customer requirements, most
Vietnamese businesses, especially for small and medium ones, have limited
knowledge and understandings in process and procedures for signing and
implementation of the contract. As a result, when a dispute occurs, they face
many disadvantages due to improper or incomplete contract regulations.
Logistics is a service industry whose subject matter is very diverse,
complicated, always changing along with the development of technology and
international economic integration, so it requires the law to timely adjust to
meet management needs and create an environment that encourages more
development. In such context, the study of current regulations on the signing
and implementation of logistics service contracts is necessary and finalizing a
number of regulations on Logistics Service Contract, which needs to
systematize the theory, reality of the contract and implementation of Logistics
Service Contract to find out the inadequacies. Therefore, the PhD student has
selected the topic: "Logistics Service Contract under the current Law of
Vietnam" for my doctoral dissertation in jurisprudence.
2. The study purposes and objectives of the dissertation
2.1. Study purposes
General study purposes: Proposing solutions to improve a number of legal
regulations and performance of Logistics Service Contract in Vietnam today.
Specific study objectives: Explain and systematize the basic theoretical
issues about logistics services and Logistics Service Contract at different
approaches, in which the PhD student emphasizes the theoretical issues of
logistics service contract under the perception of jurisprudence, analysis and
assessment of the current status of logistics service activities in Vietnam,
proposing solutions to improve a number of legal provisions and performance
of Logistics Service Contract in Vietnam.
2.2. Study objectives
The first one: The dissertation contributes to deepening the theoretical basis
and adjustment of laws on Logistics Service Contract, finding out the nature
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and legal structure of Logistics Service Contract such as concepts,
characteristics, roles, classification, governing law source, principles and order
of conclusion, form, subject, content, effective conditions and invalid cases of
the Logistics Service Contract.
The second one: The dissertation assesses the followings: Current status of
logistics service provision under the current Vietnamese law through analyzing
specific Logistics Service Contract, achieved results in the actual practice of
contracting and performing Logistics Service Contract, the matters for the
subjects of of Logistics Service Contract and state management agencies in
logistics activities in the context of global economic integration as a basis to
offer solutions to complete a number of legal provisions on Logistics Service
Contract.
The third one: From the systematization of theoretical basis and analysis of
the situation of conclusion and implementation of Logistics Service Contract
according to the current Vietnamese law, the dissertation explains the views on
perfecting the law on logistics service provision and propose specific solutions
to complete some regulations on Logistics Service Contract, improve the
performance of Logistics Service Contract.
3. Object and scope of the dissertation
3.1. Study object
The Study object of the dissertation is a number of legal provisions on
Logistics Service Contract, the practice of concluding and implementing
Logistics Service Contract under current Vietnamese law, general transaction
conditions and Logistics Service Contract by forms of some enterprises in
Vietnam. In addition, in the context that Vietnam is negotiating, signing and
joining many new generation FTAs, the dissertation also studies some
international commitments and agreements related to logistics services.
3.2. Study scope
Scope of content: The dissertation analyzes the most basic contents of the
contract such as the concept, law of adjustment, principles and order of conclusion,
form, subject, content, effective conditions and invalid cases of the Logistics
Service Contract. The dispute arising from the implementation of Logistics Service
Contract is a field with a very new board content relating to the proceedings, so the
dissertation does not mention.
The dissertation focuses on studying Logistics Service Contract under
current Law of Vietnam. The laws of other countries, examples of Logistics
Service Contract are a source of reference for PhD student to give a
comprehensive assessment of the law on Logistics Service Contract in Vietnam
in the trend of global integration. According to PhD student 's recent study, the
field of law governing Logistics Service Contract is very wide. The WTO
