Choosing a maritime law firm in Vietnam is mostly a question of deadlines. Most shipping claims here are lost on time limits and on the documents that were or were not created in the first week, not on argument. This page sets out what a Vietnamese maritime firm is actually working with, so you can judge one before you instruct it.
UniLaw acts for shipowners, charterers, cargo interests, P&I and hull underwriters, agents and terminals in Vietnam. Our maritime practice is led by attorney Nguyen Nhu Hai.
The statute a Vietnamese maritime firm works from
The Maritime Code of Vietnam No. 95/2015/QH13 has been in force since 1 July 2017, amended by Law No. 35/2018/QH14 (from 1 January 2019) and the Law on Prices No. 16/2023/QH15 (from 1 July 2024). The text to read is the consolidated version 04/VBHN-VPQH of 2 August 2023. Article 1.2 makes the Code prevail over other statutes where they conflict on the same maritime question, which is why a shipping matter in Vietnam is not simply a contract matter.
The deadlines that decide the case
These are the numbers a firm should give you in the first conversation:
| Claim | Time limit | Runs from |
|---|---|---|
| Cargo loss or damage (Article 169) | 1 year | the day the cargo was delivered, or should have been delivered, to the consignee |
| Voyage charter performance (Article 195) | 2 years | the day the claimant knew or should have known its rights were infringed |
| Charterparty disputes (Article 219) | 2 years | the day the charter ended |
| Maritime lien (Article 43) | 1 year | the day the lien arose — for salvage, the end of the salvage operation; for damage caused by the ship’s operation, the date of the loss |
The one-year cargo limit is the one that catches people. It is short, it is counted from delivery rather than from discovery, and it does not wait while a claim is being discussed with the carrier or the underwriter.
What the carrier can limit its liability to
Where the nature and value of the cargo were not declared before loading and not stated in the bill of lading, Article 152 caps the carrier at 666.67 units of account per package or unit, or 2 units per kilogram of gross weight, whichever is higher. The unit of account is the IMF Special Drawing Right, converted into Vietnamese dong at the rate on the date compensation is paid.
Two consequences follow. Where goods are containerised and the transport document does not state the number of packages inside, the container counts as one package — which can reduce a claim dramatically. And where value was declared before loading and accepted by the carrier into the transport document, the cap does not apply: lost goods are paid at the declared value, damaged goods at the difference between declared value and residual value.
Delay is capped separately: 2.5 times the freight for the delayed cargo, and never more than the total freight under the contract.
Article 153 allows the carrier to lose the benefit of the limit altogether. Whether that argument is open is usually the most valuable question in a large cargo claim.
Arrest, and how quickly it has to be converted
Ship arrest to secure a maritime claim lasts a maximum of 30 days from the arrest (Article 141). Inside that window the claimant has to start proceedings in court or arbitration and renew the application, otherwise the security evaporates. Article 142 also lists what gets the ship released: alternative security or payment in full, a guarantee, or a letter of undertaking from a reputable insurer — and the Ministry of Finance publishes the list of insurers treated as reputable for that purpose.
A wrongful arrest is not cost-free either: Article 131 makes the applicant liable for it, and Article 132 requires financial security for the application.
What to ask a maritime firm before instructing it
- Which limitation period applies to my claim, and what is the exact expiry date?
- Does the transport document state the number of packages inside the container?
- Was cargo value declared before loading, and is it in the bill of lading?
- If we arrest, what happens on day 30, and who is preparing the substantive claim in parallel?
- Is there a maritime lien, and when does it expire?
- Who is instructing the surveyor, and when?
- If the contract points to foreign arbitration, how is the award later enforced in Vietnam?
A firm that answers the first question with a date rather than a general statement is the one worth talking to further.
Where our maritime work concentrates
- cargo claims and recovery — see cargo claims in Vietnam: time limits and liability;
- arrest and release — see ship arrest: grounds, procedure and release and vessel detention;
- misdelivery and letters of indemnity — see delivery without a bill of lading;
- hull, cargo and P&I coverage — see marine insurance in Vietnam;
- registration, flag and mortgage — see ship registration in Vietnam;
- crew claims and liens — see seafarer wages, liens and repatriation;
- enforcing an award here — see recognition of a foreign arbitral award in Vietnam.
The full practice, including how a matter is run and what stays with the client, is set out on our page for maritime lawyers in Vietnam.
Talk to us
Send the bill of lading or charterparty, the delivery date and the survey report if one exists. We come back with the limitation date, the likely liability cap and what has to be done first. Initial review of documents is free; work beyond that is quoted in advance.
Legal basis: Maritime Code of Vietnam No. 95/2015/QH13, consolidated text 04/VBHN-VPQH of 2 August 2023 — Articles 1, 43, 131, 132, 141, 142, 152, 153, 169, 195, 219.
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