Fast delivery service loophole

Recently, GNN Express Joint Stock Company (GNN Express) - once considered the big brother in the courier field - suddenly announced to stop working with the amount of debt collected on behalf of the partner up to 5.5 billion. copper.

Fast development, many shortcomings

According to the Ministry of Information and Communication (TT-TT), by the end of August 2018, there were 356 licensed enterprises (DN) certified nationwide. These businesses are concentrated in two big cities, Hanoi and Ho Chi Minh City.

Transaction counter of a fast delivery business in Hanoi

The strong development of courier activities while the state management is not strict, many people who are using this service worry that they will become harmed, property loss when sending goods, even suffer "embrace money" as in the case of GNN Express recently. From the beginning of 2018 up to now, Hanoi alone has about 80 enterprises licensed for postal activities. The battle to dominate market share has caused many businesses to ignore recruitment, labor training and service quality improvement.

There have been many complaints from partners of courier companies that their goods sent are damaged, exchanged or lost. Recently, the owner of a camera shop on Vong Duc Street, Hanoi City, said he used a courier service of a company to transfer a camera worth 18 million VND to Ho Chi Minh City. However, when the customer receives the goods, the inside is a bottle of water. Many other cases of "half-baked goods" when delivering high value goods but the time to receive inside the box is ... brick.

According to the reporter, products that are frequently exchanged when sent through the fast delivery service are mobile phones, cameras, watches or other valuable goods. Although the product exchange happens a lot during the transportation process, but customers have to be very difficult to ask the courier to compensate.  

A customer who regularly uses courier services, fast delivery revealed many companies established and traded, but the means and manpower were not enough, so they just stood up as an intermediary unit, collecting orders and hiring. re-use third-party networks for percentages, resulting in unsecured quality. In addition, many businesses have ignored the provisions of the law on goods transportation, have not focused on controlling sent products, leading to the use of criminals to transport prohibited goods such as gas, drugs ...

Need to strengthen management

Talking to the reporter of Nguoi Lao Dong Newspaper, a leader of Hanoi Department of Information and Communication, said that every year, the department has inspections and checks of enterprises in the field of post and express delivery. However, Mr. Quang admits that the force is thin, while this field has developed strongly over the past time, so "every year, there are plans to check, but we cannot do all".

According to this leader, companies in the courier sector are also "lazy" to send reports on their activities to the management agency. Therefore, the department also faces many difficulties in controlling and grasping the actual business situation.

Before the case of GNN Express embracing billions of partners and declaring to stop working, the Department of Information and Communications of Hanoi City said it would direct related units to inspect in detail. In order to prevent possible risks to customers when using express services, it is necessary to strengthen the management role of state agencies. In addition, service users and service providers need to have a clear commitment before making a transaction.

"One of the solutions is to insure goods, so that when problems arise at delivery, the parties will come to solve them. The commitment to buy insurance will improve the responsibility of the business, the role of the leader when executive "- proposed by the leader of Hanoi Department of Information and Communications.

With the current flaws in delivery and fast delivery, lawyer Truong Quoc Hoe, Hanoi Bar Association, said that state management agencies need to regularly check and supervise the activities of businesses in this field. Enterprises flourished and operated quite freely, causing many models to be transformed, taking advantage of the trust of customers to appropriate property.

According to Hoe lawyer, the agreements of service providers and users must be clear, complete and ensure more legal basis on the basis of information technology application today. "Applying information technology, performing transactions on the application is an inevitable trend, but the current collection of money trust (COD) needs to be reflected in contracts. Here, there should be contracts. contract on freight transportation and entrusted collection of money. The parties need to pay attention to this issue to ensure their legitimate rights and interests "- Hoe lawyer analyzed.

Many legal gaps

Logistics expert Dang Dinh Dao, former Director of the Institute of Economic Research and Development - National Economics University, said that Vietnam's logistisc law is still general, there are no specific regulations and loopholes. .

According to Mr. Dao, fast delivery is a type of logistics service that countries around the world have developed quite successfully with a scientific layout and law compliance. However, in Vietnam, the law relating to this service is currently left open.

"Decree 140 before and then Decree 163 on logistics services business, although it mentioned this type but is very general. Meanwhile, the Commercial Law defines logistics as commercial activities - receiving traders. Cargo, transportation, storage, warehousing, customs clearance, other paperwork, customer advice, packaging, marking, delivery or other services related to the goods according to the agreement with customers to enjoy remuneration ... - also has not caught up with the spontaneous development of the current fast delivery service "- Mr. Dao stated.

In addition to the Commercial Law, delivery and delivery services are also governed by the Postal Law. Therefore, when something happens, it can easily lead to a situation where there is not a regulating body responsible for the main. "Because this is a service area that is neglected by the law, I suggest that the regulator should have research to make stricter regulations; it is necessary to have a separate chapter and section in the law that specifically and clearly regulates If not, enterprises just need to go through the business registration with the Department of Planning and Investment and then start operating by themselves, not be controlled "- expert Dang Dinh Dao wondered.

Regarding the liability of compensation at the time of disputes when participating in logistics services in general and delivering goods in particular, Mr. Dao leads Decree 163 that the liability limit of traders providing logistics services is agreed by the parties. . In case the customer does not have prior notice of the value of the goods, the maximum liability limit is VND 500 million for each claim. In case the customer has notified the value of the goods in advance and is confirmed by the logistics service provider, the limit of liability will not exceed the value of the goods.

Thus, although it was mentioned in the law, the provision of responsibility is not clear, mainly due to agreement between the parties. Therefore, Mr. Dao recommended that while the legal loopholes have not been covered, the parties involved in the transaction should be careful in signing the contract, to avoid damage to themselves.