Nghiên cứu các trường hợp miễn trách của người vận chuyển theo hợp đồng vận chuyển hàng hóa bằng đường biển để đẩy mạnh hoạt động xuất.Nghiên cứu các trường hợp miễn trách của người vận chuyển theo hợp đồng vận chuyển hàng hóa bằng đường biển để đẩy mạnh hoạt động xuất.Nghiên cứu các trường hợp miễn trách của người vận chuyển theo hợp đồng vận chuyển hàng hóa bằng đường biển để đẩy mạnh hoạt động xuất.Nghiên cứu các trường hợp miễn trách của người vận chuyển theo hợp đồng vận chuyển hàng hóa bằng đường biển để đẩy mạnh hoạt động xuất.
MINISTRY OF EDUCATION AND TRAINING FOREIGN TRADE UNIVERSITY - SUMMARY OF PHD THESIS STUDYING EXEMPTED PERILS OF CARRIERS UNDER SEA FREIGHT CONTRACTS TO PROMOTE EXPORT ACTIVITIES OF VIETNAMESE ENTERPRISES Major: International Economics Code number: 9310106 HOANG THI DOAN TRANG Hanoi – 2021 The thesis is completed at: Foreign Trade University, No 91 Chua Lang St., Dong Da Dist., Hanoi Science instructor: Pro Dr Nguyen Thi Mơ Reviewer 1: Reviewer 2: Reviewer 3: The research will be protected in front of the council meeting at The thesis can be consulted at National Library and Foreign Trade University library INTRODUCTION Research background In the period 2011-2020, Vietnam's exports achieved impressive growth, export turnover in 2020 reached 282.65 billion USD, a 7.0% increase compared to 2019 (Pham Hong Nhung, 2020) In order to bring exports abroad, Vietnamese export enterprises mostly use the sea transport mode and sign contract of carriage of goods by sea However, during the performance of the contract, the cases of breach of the carrier's obligations also increase, because of both subjective and objective causes Nevertheless, in principle, the sea carrier should be responsible for the breach of the contract, damaged goods or late delivery Different in reality, according to the provisions of national law as well as international law, in order to protect the rights of the sea carrier, he is entitled to exempted perils in many cases, among which some are outside of the common sense The problem is that if the exported goods are damaged because of the faults of the sea carrier but they are exempted from responsibilities, how will Vietnamese exporters have to to protect their rights and benefits and minimize the costs of damaged exported goods, thereby increasing the export revenue and promoting export activities What issues the practice of import-export activities and the practice of transporting goods by sea pose to Vietnamese exporters when facing this case? How the law in shipping goods by sea in general and similar Vietnamese law in particular stipulate exempted perils of the sea carrier? In export activities, how does the study of the carrier's exempted perils make sense in terms of theory and practice for the promotion of export activities of Vietnamese enterprises? How does a good understanding of the carrier's exempted perils affect the promotion of export activities of Vietnamese enterprises? Recognizing the importance of systematic and comprehensive study of the exempted perils of the carrier of goods by sea for the export activities of Vietnamese enterprises, I chose the issue: “Studying exempted perils of carriers under sea freight contracts to promote export activities of vietnamese enterprises” as my PhD thesis topic Research question (1) How to understand the contract of carriage of goods by sea and the exempted perils of the carrier under the contract of carriage of goods by sea? What are the roles and significance of studying these exempted perils for Vietnamese export enterprises? (2) How does the correct understanding and application of the carrier's exempted perils under the contract of goods by sea affect the export activities of Vietnamese enterprises? (3) What are the specific exempted perils, according to the provisions of Vietnamese law on the carrier under the contract of carriage of goods by sea? And in reality, how have Vietnamese export enterprises applied the law provisions to protect their rights? (4) Are there any inadequacies in the provisions of Vietnamese law on exempted perils of the carrier under the contract of carriage of goods by sea? Analyze the influence of the application of Vietnamese law regulations on exempted perils of the carrier of goods by sea on promoting export activities of Vietnamese enterprises? Any solution to eliminate these inadequacies? At the same time, analyze the causes of the inadequacies and influences mentioned above? (5) Are there any problems for Vietnamese export enterprises when they encounter exempted perils of the carrier under the contract of carriage of goods by sea? How is the response ability of Vietnamese export enterprises when encountering exempted perils of the carrier under the contract of carriage of goods by sea? Has the export business strategy of Vietnamese exporters been linked with the strategy to promote the shipping of goods and the strategy to deal with the exempted perils of sea carriers? Research objective The research purpose of the PhD thesis is on the basis of analysis to clarify the theoretical issues about the exempted perils of the carrier under the contract of carriage of goods by sea and the relationship between the export activities of enterprises and the contract of carriage of goods by sea, the topic analyzes the current situation of understanding and difficulties for Vietnamese export enterprises when facing these exempted perils and proposes solutions for Vietnamese export enterprises to deal with these exempted perils in order to promote export activities of Vietnamese enterprises in the coming time Research object and scope 4.1.Research object From the perspective of the research subject which are Vietnamese export enterprises, the research object of the PhD thesis is the issues related to the contract of carriage of goods by sea and the exempted perils of the carrier under the contract of carriage goods by sea in the Vietnam Maritime Code 2005, the Vietnam Maritime Code 2015, the Hague Rules 1924, the Hague-Visby Rules 1968, the Hamburg Rules 1978, the Rotterdam Rules 2009 and the relationship between correct understanding and application of exempted perils of the carrier under the contract of carriage of goods by sea and the promotion of export activities of Vietnamese enterprises 4.2 Research scope - Scope of content: According to the provisions of Article 151, Vietnam Maritime Code 2015, the carrier has many exempted perils as specified in Clauses 1, and However, the PhD thesis only studies the most important and disputed exempted perils in the practice of international maritime trade, stipulated in Clause They are the cases that the carrier is completely exempted from liability, if the loss of goods occurs in the 17 ones specified from a to r - Scope of space: The thesis studies the exempted perils of the carrier under the contract of carriage of goods by sea signed by Vietnamese export enterprises with both domestic and foreign transport enterprises to transport their goods The thesis does not study the exempted perils of the carrier of goods by sea according to the ocena bill of lading - Scope of time: Data used to implement the thesis were collected during the period from 2015- the year of promulgation of the Vietnam Maritime Code 2015- until the end of 2020 The thesis proposes solutions for the period from now until 2030 4.3 Methodology This PhD thesis uses the following specific research methods: systematic method, analytical method, statistical method, comparative method, synthesis method, case study method, in-depth interviews, Anket method (survey by questionnaires) Research structure The structure of the research is divided into four chapters including Chapter Overview of the research situation and issues related to the thesis; Chapter Theoretical basis for the study of exempted perils of carriers under contracts of carriage of goods by sea in order to promote export activities of Vietnamese enterprises; Chapter Practical application of regulations on exempted perils of carriers under contracts of carriage of goods by sea at Vietnamese export enterprises and the issues raised; Chapter Orientations and solutions to strengthen the application of the carrier's exempted perils under the contract of carriage of goods by sea to promote export activities of Vietnamese export enterprises CHAPTER OVERVIEW OF THE RESEARCH SITUATION 1.1 Research related to exempted perils of carrier under contract of carriage of goods by sea There are a few doctoral theses and research articles on the contract of carriage of goods by sea, the liabilities and exempted perils of the sea carrier However, there has not been any research that specifically analyzes the exempted perils of the carrier under the contract of carriage of goods by sea, especially since the promulgation of the Vietnam Maritime Code 2015 And there is no research analyzing the relationship and the impact of the exempted perils of the carrier on the export activities of enterprises in general and Vietnamese enterprises in particular 1.2 Research related to promoting export activities Vietnamese enterprises Researches on promoting export activities have analyzed and commented on the promotion of export activities of Vietnam before and after Vietnam implemented the policy of opening up and integrating into the world economy These works also assess the strengths and weaknesses in promoting Vietnam's export activities However, there is no work analyzing the relationship between the carriage of goods by sea in general and regulations on exempted perils of carrier of goods by sea in particular for promoting export activities of Vietnamese enterprises 1.3 Unsolved issues and tasks of the PhD thesis (1) The studies only stop at the contents of the category of exempted perils and liabilities of the carrier of goods by sea and preliminary analysis of the impact of the exemption regime on the international shipping industry and international trade in general, but have not reached in depth the exempted perils of the carrier under the contract of carriage of goods by sea in accordance with Vietnamese law provisions (2) Most studies have only stopped at theoretical research, rather than have come into practical research and have analyzed relevant situations in reality (3) The studies on the exempted perils of the carrier of goods by sea stand from the law perspective to conduct analysis, thereby evaluating and offering solutions to improve the law, but not from the enterprise perspective, especially Vietnam's export ones, to research (4) Researches on promoting export activities of Vietnamese enterprises only stop at studying the impacts of trade agreements or trade organizations that Vietnam has already participated in, State’s policies and guidelines on promoting export activities or other factors affecting export activities of Vietnamese enterprises CHAPTER 2: THEORETICAL BASIS FOR THE STUDY OF EXEMPTED PERILS OF CARRIERS UNDER CONTRACTS OF CARRIAGE OF GOODS BY SEA IN ORDER TO PROMOTE EXPORT ACTIVITIES OF VIETNAMESE ENTERPRISES 2.1 Overview of the contract of carriage of goods by sea 2.1.1 The concept of the contract of carriage of goods by sea Article 61 of the Vietnam Maritime Code 2015 stipulates that the contract of carriage of goods by sea is a document signed between the lessee (the owners of the goods, their agent, the broker or the person requested to hire the vessel) and the lessor of the means of transport (the ship owner) This contract is signed in the forms agreed upon by the parties and is the basis for determining the legal relationship between the carrier and the charterer 2.1.2 The characteristics of the contract of carriage of goods by sea - The contract of carriage of goods by sea is a type of service contract, in which the object of the contract is goods that can be transported across the borders of one or more than two countries and the act of transporting goods is the service - The subjects of the contract of carriage of goods by sea is the carrier of the goods and the person who hires the vessel to transport the goods or the consignor - The contract of carriage based on the transport document is signed in the form agreed upon by the parties; The charter party must be signed in writing - The contract of carriage is the basis for determining the relationship between the carrier and the import-export enterprises - In case the parties involved in a maritime dispute are foreign organizations or individuals and have a written agreement to settle the dispute by Vietnamese arbitration, the Vietnamese arbitration shall have the power to settle this maritime dispute, even if the place of dispute is outside Vietnam's territory - Goods include properties, objects, commodities, articles of any kind, except live animals and goods under the contract of carriage declared to be carried on deck the board and actually carried on deck the board 2.2 Exempted perils of the carrier under the contract of carriage of goods by sea 2.2.1 The concept of exempted perils Exempted perils are the fact that a party is not responsible for the failure to perform or improper performance of any of their obligations (stipulated by the contract) if they can prove that the failure is due to an impediment beyond their control and they cannot reasonably expect that they should take into account the impediment at the signing of the contract or avoid or overcome its consequences (Article 79, Vienna Convention 1980) 2.2.2 Classification of exempted perils under the contract of carriage of goods by sea - Classification on the legal basis: According to the Hague Rules 1924 and the Hague - Visby Rules 1968, the Hamburg Rules 1978, the Rotterdam Rules 2009, the Vietnam Maritime Code 2015 - Classification according to the sources of loss: Exempted perils for the loss of goods due to natural phenomena beyond the control of man; Exempted perils for losses due to inherent faults; Exempted perils for loss caused by the fault of the sea carrier; Exempted perils for losses due to social phenomena; Exempted perils for loss caused by the fault of parties rather than the sea carrier - Classification according to the act of performing obligations: Exempted perils causing loss of goods, Exempted perils when delivery is delayed 2.3 The necessity to study the exempted perils of the carrier under the contract of carriage of goods by sea in order to promote the export activities of Vietnamese enterprises compared to the one of 2018 Export goods were mainly passed through sea ports managed by the central government such as Hai Phong port, Quang Ninh port, Da Nang port, Can Tho port, Quy Nhon port, Nha Trang port and Saigon port Containerized cargo volume reached 19.35 million TEUs in 2019 with an increase of 6% The total volume of goods transported by Vietnam's shipping fleet reached 154.6 million tons in 2019, with an increase of 8% compared to 2018 (Phan Trang, 2020) The shipping fleet with Vietnamese flags still handles nearly 100% of domestic cargo transported by sea, except for a few specialized commodities such as liquefied fuels, bulk cement Regarding international shipping, Vietnam's shipping fleet is currently carrying about 10% of the market share and mainly transports in the short routes to China, Japan, Korea and Southeast Asia Apart from the Vietnam’s container shipping fleet operating mainly on short routes to Southeast Asia and Northeast Asia, some Vietnamese bulk carriers have transported goods on European routes According to statistics of UNCTAD, Vietnam's shipping fleet ranks 4th in ASEAN (after Singapore, Indonesia, Malaysia) and 30th in the world 3.2 Practical application of the provisions of Vietnamese law on the exempted perils of the carrier under the contract of carriage of goods by sea 3.2.1 Inadequacies in the provisions of the law In order to clearly see the inadequacies of the law, I used the sociological investigation method through in-depth interviews with 15 leading experts in a number of departments, general departments and agencies under the Ministry of Transport, Ministry of Industry and Trade, leaders of some large export enterprises in Vietnam, directors and deputy directors of a number of research institutes under these above ministries - Inadequacies of the regulations on the exempted perils of the carrier of goods by sea in Vietnam Maritime Code 2015 compared with the provisions on the one in international law The exempted perils of the carrier of goods by sea in Vietnam Maritime Code of 2015 are basically the same as the ones in the Hague Rules 1924 and the Hague - Visby Rules 1968, which both list 17 exempted perils The difference is that the Hague Rules 1924 and the Hague-Visby Rules 1968 only list excepted perils without applying the principle of presumed fault In the Vietnam Maritime Code 2015, the sea carrier still has to prove that he is not at fault, that is, this law applies the principle of presumed fault of the Hamburg Rules 1978 If the principle of presumed fault of the Hamburg rule 1978 has been applied, it is not necessary to list 17 exempted perils in Vietnam Maritime Code 2015; to list only exempted perils in the Hamburg rule 1978 is enought - Inadequacies about the regulations on exempted perils of the carrier under the contract of carriage of goods by sea in the Vietnam Maritime Code 2015: Firstly, the Vietnam Maritime Code 2015 does not clearly state what "hard work" is in Clause 1, Article 151 and Article 150 Second, Clause 2a, Article 151 of the Vietnam Maritime Code 2015 on the navigation and management fault of the sea carrier is unreasonable Third, Clause 2b, Article 151 of the Vietnam Maritime Code 2015, the carrier is exempted from damage caused by a fire not caused by him, that is, a fire caused by objective causes regardless of the dangerous nature of the goods The fourth is the delay in delivery due to force majeure, but the force majeure cases are not clearly specified 3.2.2 Analysis of the impact of the application of the provisions on exempted perils of the carrier under the contract of carriage of goods by sea on the export activities of Vietnamese enterprises - Many regulations governing international contract of carriage of goods by sea in Vietnam are outdated and have not kept pace with the development of international law on shipping, as well as with the development of technology and charter methods in practice - The provisions of the Vietnam Maritime Code 2015 related to the determination of exempted perils of the carrier of goods by sea show the bias of the Code in protecting the benefits of the sea carrier compared to the benefits of the goods owners in general and export enterprises in particular This can be clearly seen when analyzing three typical disputes The purpose of analyzing these legal case is to draw practical lessons and comments, thereby proposing solutions for Vietnamese exporters to boost their export activities on the basis of responsing exempted perils of the carrier under the contract of carriage of goods by sea - The first case: Dispute about claiming compensation for damage of the goods transported by sea when the goods are lost (Judgment 103B/2008/KT-PT dated September 12, 2008 of the Court of Appeal of the Supreme People's Court) in Ho Chi Minh City - Second case: Dispute over compensation for loss of goods due to delay in shipping according to international contract of carriage of goods by sea (Judgment 23/2014/KDTM-ST dated September 11, 2014 of the People's Court of Binh Thanh District, Ho Chi Minh City) - The third case: Dispute over claims for compensation for the goods lost during transportation by sea (Judgment 94A/2008/KT-PT dated April 29, 2008 of the Court of Appeal of the Supreme People's Court in Hanoi) 3.2.3 Causes of inadequacies and effects - There are stereotypes from the provisions of international conventions - There is inconsistency between international law and national law on the cases of exempted perils of the carrier under the contract of carriage of goods by sea 3.3 Analysis of factors affecting the response ability of Vietnamese exporters when the carrier encounters exempted perils under the contract of carriage of goods by sea 3.3.1 Subjective factors Subjective factors or the ones inside the enterprise, are the ones belonging to the enterprise itself that it can influence to change them to enhance the response ability in export activities when the carrier of goods has exempted perils Because internal factors play an important role in the existence and development of export enterprises, almost all of them focus on investing in these factors Subjective factors include: - Management apparatus or administrative apparatus of an enterprise: It is the direct influence of leaders at all levels on officials and employees in the enterprise on the organization of production and export of goods - Labor: Special attention must be paid to the human factor in the export activities because it is the creative subject and directly manages the stages in the activities of exporting goods to foreign markets - Financial capacity of the enterprise: Export enterprises must have capital to implement the export goals that it have set, including hiring qualified and experienced lawyers in the field of maritime and trade to give legal advice in general and help them solve difficulties when encountering exempted perils of the carrier under the contract of carriage of goods by sea in particular 3.3.2 Objective factors - Domestic human resources: A country with high-quality human resources, knowledgeable about the law is a favorable condition for exporters to enhance their response ability when their carriers encounter exempted perils under the contract of carriage of goods by sea - Technology: The element of science and technology has a close relationship with export activities in general and the response ability of Vietnamese export enterprises when the carrier of goods by sea encounters exempted perils in particular - The political and legal system of the exporting State: This factor not only affects the response ability of Vietnamese exporters when encountering exempted perils of the carrier under the contract of carriage of goods by sea both in present and future - The level of competition of domestic and foreign shipping companies: The level of competition here is reflected in the number of shipping enterprises participating in transporting Vietnamese goods to foreign markets Currently, the too fierce competition among shipping companies participating in the transportation of Vietnamese export goods can lead to unfair competition such as the fact that shipping companies remove some exempted perils in the contract of carriage of goods by sea that they are entitled according to the provisions of Vietnamese law to attract customers (export enterprises) to charter the ships 3.4 Problems facing Vietnamese export enterprises 3.4.1 The weak response ability of Vietnamese exporters when encountering exempted perils of the carrier under the contract of carriage of goods by sea - The psychology of being afraid of disputes when problems arise in the maritime industry in general and the process of transporting exported goods by sea in particular - Professional skills of exporters in negotiating, drafting contracts before delivery and handling legal issues and disputes are still poor 3.4.2 The export business strategy has not been linked with the strategy to promote the transport of the goods and the strategy to respond to the carrier's exempted perils Vietnamese enterprises often focus on the stages of market positioning, supervision and implementation of foreign trade contracts, but have not focused on the stage of transporting export goods by sea - one of the extremely important stages directly affecting logistics costs and prices in foreign markets, competitive advantages and profits of enterprises - Vietnamese export enterprises are not proficient in the process of researching and selecting carriers based on criteria of prestige, financial ability, goodwill - The exporter has carefully checked the goods before packing, but has not yet requested and supervised the shipping company to carry out the process of preserving the goods in accordance with the regulations prescribed for each item - The supervision of the transportation, loading and unloading process of the shipping company is still loose, and the process of transporting, loading and unloading the goods from and to the port has not been standardized - Failing to prepare resources to deal with situations that may occur during the movement of goods, especially in the case of goods being damaged due to exempted perils of sea carriers, so export enterprises will be confused with disputes, causing damage to the goods and reducing their reputation 3.4.3 Not focusing on training specialized staff in import and export operations, transportation and forwarding operations The failure to focus on training specialized staff in importexport operations, and forwarding operations at export enterprises, specifically here, transportation by sea, may reduce the response ability of these enterprises when encountering the exempted perils due to inexperience and lack of understanding of necessary regulations and laws, leading to unnecessary damage to them In addition, also due to the shortage of important human resources, it is difficult for exporters to build the right strategies, to maximize their benefits in the process of participating in international export transactions CHAPTER ORIENTATIONS AND SOLUTIONS TO STRENGTHEN THE APPLICATION OF THE CARRIER'S EXEMPTED PERILS UNDER THE CONTRACT OF CARRIAGE OF GOODS BY SEA TO PROMOTE EXPORT ACTIVITIES OF VIETNAMESE EXPORT ENTERPRISES 4.1 Orientation of promoting export activities towards sustainable development of Vietnam - Decision No 2471/QD-TTg dated December 28, 2011 of the Prime Minister approving the Import-Export Strategy for the 2011-2020 period, with a vision to 2030, clearly stating the following strategic views: + Improve the quality and added value for items that will have an export advantage + Striving to achieve an average export growth rate of goods of about 10%/year in the period of 2021-2030 + Every year, there are at least 200 export enterprises having products of national brands and 400 ones of national quality awards + Forming enterprises with high competitiveness, serving as the core for export commodity groups + Contributing to improving the industrial competitiveness of Vietnam by at least 20 ranks compared to 2015 + Contributing to improving national competitiveness by at least 25 ranks compared to 2015 (Law Library, 2011) - The 10-year socio-economic development strategy for 2021-2030, approved at the 13th Congress of the Vietnam Communist Party, clearly states the orientation of export development in Clause 4, Section V- Directions, tasks and measures of Socio-economic development are as follows: Promote exports, effectively exploit free trade agreements, expand and diversify import-export markets, not to depend too much on one market, ensure the balance of import-export of goods and services Having a suitable trade policy with international integration; study appropriate defense measures to protect production and consumers' interests, in line with international commitments to which Vietnam participates (E-Newspaper of the Vietnam Communist Party, 2021) 4.2 Solutions to strengthen the application of the carrier's exempted perils under the contract of carriage of goods by sea to promote export activities of Vietnamese export enterprises 4.2.1 Group of solutions to build an appropriate export strategy in the new period - Develop a comprehensive export promotion strategy associated with the strategy to develop export, and carriage of export goods by sea The State must promote Vietnam's role and position in international and regional organizations and strengthen economic diplomacy to expand export markets; develop a system of trade promotion agencies in large and potential market areas; strengthen the protection of Vietnamese goods and enterprises in regional and world markets Exporting enterprises need to diversify export markets; consolidate and expand the market share of Vietnam goods in traditional markets; create a breakthrough to expand new potential export markets Exporting enterprises must master the contract of carriage of goods by sea, sea transport documents such as bill of lading, and grasp the exempted perils of the sea carrier - Proactively implement a comprehensive export promotion strategy in association with the strategy of developing export operations, transporting import and export goods by sea in practice The State needs to develop production and restructure the economy: Develop industrial production: Continue to innovate technology, improve labor productivity in manufacturing industries with a large proportion of export turnover such as mechanics, furniture, textiles, leather and footwear; develop and produce potential export products with high growth rate and added value such as building materials, petrochemical products, rubber products, and high-tech products Develop agricultural production: Continue to complete the development planning of agricultural sectors with competitive advantages to orient enterprises to focus on investing in these industries Develop standards and regulations for export agricultural, forestry and fishery products to improve export quality and efficiency and protect the prestige and brand of Vietnamese exports Developing export markets: Promoting bilateral and multilateral negotiation activities to expand the distribution market of Vietnamese goods Review, negotiate, sign and pass signed agreements on conformity and mutual recognition of product quality, creating favorable and stable circulation conditions for export goods Invest in developing logistics infrastructure and accelerating the socialization of logistics service activities: Review investment, upgrade transport infrastructure, channels, warehouses and yards at seaports and customs clearance locations for import and export goods Formulate policies for the development of logistics services Export enterprises need to improve their competitiveness and the role of industry associations: Concentrate resources on innovating technology, improving designs and diversifying products, improving quality, and creating products of international quality, focusing strongly on export, and at the same time concentrating on the manufacture of new products to meet domestic demand Diversify export markets to avoid risks in trade and exploit potentials in new markets Diversify payment currencies and prevent exchange rate risks in import-export activities Reorganize activities of industry association Promote the role of association among member, represent and protect the interests of member enterprises in international trade; effectively perform tasks assigned by State agencies according to law 4.2.2 Group of solutions to amend and supplement the provisions of Vietnamese law on exempted perils of carriers of the goods by sea - Complete the provisions of the Vietnam Maritime Code 2015 in line with practice and international law: The Vietnam Maritime Code 2015 should be improved in the regulations on the liabilities of the carrier in the following direction: the ship owner must always ensure the seaworthiness of the ship not only before the beginning of the journey but also during the transportation; and at the same time removement of the exempted perils for the ship' latent defect Eliminate the exempted peril for the navigation and management fault of the carrier that is extremely unreasonable in the Vietnam Maritime Code 2015 - Sign and accede international conventions on the carriage of goods by sea: Currently, Vietnam has only joined 21 conventions on maritime industry The State should encourage and direct Vietnam's continued expansion and accession to international maritime treaties and the signing of more bilateral agreements with other countries 4.2.3 Group of solutions on signing and implementing export contracts, contracts of carriage of goods by sea - Promote the signing of contracts of carriage of goods by sea to promote the export of Vietnamese goods to foreign countries: Vietnamese exporters need sell goods under suitable terms for sea transport, including CFR, CIF; or terms suitable for multimodal transport, including CPT, CIP, DAP, DPU, DDP Incoterms 2020 - Check and review signed export contracts and transportation contracts: Check and review the export contracts of goods by sea: In order to avoid distortions, confusion, and disputes later on, the two parties in the export contract, especially export enterprises, need clearly and fully write down the information in the contract, mutually unified the terms in the export contract with the ones in sea transportation contract When signing the export contract, Vietnamese exporters need pay attention to the terms of exempted perils and the terms of transportation and insurance Check and review the contract of carriage of goods by sea: Vietnam's export enterprises need pay great attention to proactively respond the provision on the exempted perils of sea carriers Export enterprises only sign the contract of sea transportation when the article of exempted perils of the sea carrier comply with the provisions of Vietnam Maritime Code 2015, the sea carrier is not allowed to add any exempted perils other than the provisions of the Vietnam Maritime Code 2015 in the contract of carriage - Strengthen supervision of the process of performing the contract of carriage of goods by sea: Monitor and check the ship before performing the contract of carriage to ensure whether the ship is seaworthy or not before departing for the journey Review the supervision of other procedures: Export enterprises need to supervise the confirmation of freight payment; Prepare goods such as the packing suitable with specifications or not, goods has been properly and appropriately marked and coded or not Regularly check and monitor goods and ocean carriers during the ship's sea voyage: During the time the ship is at sea, the goods owner, the export enterprise, must request the carrier to provide the ship's location for easy tracing and tracking 4.2.4 Group of response solutions when the carrier is exempted from perils under the contract of carriage of goods by sea In order to effectively respond when the carrier is entitled to exempted perils for the loss of goods, the two parties in the export contract must purchase insurance for the exported goods transported by sea, depending on the signed international trade terms in the export contract Usually, exporters must buy insurance for export goods if they sell goods under the terms of CIF, CIP Incoterms 2010, 2020 When encountering exempted perils of the carrier under the contract of carriage of goods by sea, the export enterprises need send the import enterprises a written notice of the force majeure event within the validity period of the export contract or within the time limit prescribed by the applicable law; accompanied by a written certification of a competent authority or other lawful documents and evidences of eviction value 4.2.5 Group of solutions on human resource training for export enterprises Universities in the economic sector need to improve the professional qualifications of their teaching staff, organize short courses, and organize seminars Employees in export enterprises should have a clear job orientation, actively seek and approach import-export enterprises, hone their professional skills and work skills, especially foreign language skills, and train themselves both in morale, attitude and discipline The State need disseminate and provide information on policies and guidelines in the process of building a qualified and professional human resources in the field of export Propagate those policies to individuals and organizations in need will create a thorough effect and make the most of human resources Export enterprises need stabilize and analyze human resources and implement a comprehensive training strategy Universities in the economic sector need improve the professional qualifications of their teaching staff, organize short courses, and organize seminars Employees in export enterprises should have a clear job orientation, actively seek and access import-export enterprises, practise their professional and work skills, especially foreign language skills, and train themselves both in morale, attitude and discipline CONCLUSION The PhD thesis has helped to clarify what the contract of carriage of goods by sea and the exempted perils of the carrier under the contract of carriage of goods by sea are The thesis also clearly defines the role and meaning of studying these exempted perils for Vietnamese export enterprises The PhD thesis also clearly analyzed how the correct application of the carrier's exempted perils under the contract of carriage of goods by sea had an impact on the export activities of Vietnamese enterprises The PhD thesis clearly states the specific exempted perils, according to the provisions of Vietnamese law (specifically, Vietnam Maritime Code 2015), for the carrier under the contract of carriage of goods by sea and the fact how Vietnamese exporters have applied the provisions of Vietnamese law to protect their rights The thesis also highlights inadequacies in the provisions of Vietnamese law on the exempted perils of the carrier under the contract of carriage of goods by sea, and analyzes the impact of the application of the provisions on the exempted perils of the carrier according to Vietnamese law for the promotion of export activities of Vietnamese enterprises The thesis also proposes solutions to eliminate these inadequacies on the basis of analyzing the causes of the aforementioned inadequacies and influences The thesis clearly outlines the issues for Vietnamese exporters when they encounter exempted perils of the carrier under the contract of carriage of goods by sea The thesis analyzes the weak response ability of Vietnamese exporters when encountering exempted perils of the carrier under the contract of carriage of goods by sea; The export business strategy of Vietnamese exporters is not really linked with the strategy to promote the shipping of goods and the strategy to deal with the exempted perils of sea carriers THE LIST OF PAPERS PUBLISHED Hoang Thi Doan Trang, Practical application of regulations on exempted perils of carriers under contracts of carriage of goods by sea at Vietnamese exporters and some issues raised, Asia- Pacific Economic Journal, last issue, July 2021, 2021, p 25-28, ISSN:0868-3808 (Author) Hoang Thi Doan Trang, The necessity to study the exempted perils of the carrier under the contract of carriage of goods by sea in order to promote the export activities of Vietnam, AsiaPacific Economic Journal, No 593, July 2021, 2021, p 38-40, ISSN:0868-3808 (Author) Hoang Thi Doan Trang, Comparison of Vietnam Maritime Code 2015 and the United Nations Convention on the Carriage of Goods by Sea 1978 (the Hamburg Convention 1978) on the liability of the carrier of goods by sea and some recommendations, Asia- Pacific Economic Journal, No 547, August 2019, 2019, p 78-80, ISSN:0868-3808 (Author) Hoang Thi Doan Trang, Rotterdam Convention 2009 and Vietnam Maritime Code 2015 on responsibilities of sea carriers and Vietnam's benefits when joining the Rotterdam Convention 2009, Asia- Pacific Economic Journal, last issue, May 2019, 2019, p 16-18, ISSN:0868-3808 (Author) Hoang Thi Doan Trang, Rotterdam Convention 2009 and Vietnam's benefits when joining this convention, External Economics Journal, No 68/2014, 2014, 2019, p 9-13, ISSN: 1859-4050 (Author) ... In export activities, how does the study of the carrier's exempted perils make sense in terms of theory and practice for the promotion of export activities of Vietnamese enterprises? How does a... Research objective The research purpose of the PhD thesis is on the basis of analysis to clarify the theoretical issues about the exempted perils of the carrier under the contract of carriage of goods... including Chapter Overview of the research situation and issues related to the thesis; Chapter Theoretical basis for the study of exempted perils of carriers under contracts of carriage of goods