1. VLA AND MEMBERSHIP ACTIVITIES 

 1.1. FIATA World Congress 2019 to take place in Cape Town, South Africa, 1 – 5 October 2019.   The VLA officials/members will join this Congress and seek supports for its bidding for FIATA Congress 2022 in Vietnam.       

 1.2. To implement the National Program on Trade Promotion, completing the project under the national program for 2020, Vietnam Logistics Business Association (VLA) has completed the dossier on trade promotion for many projects. 

 1.3. The 16th China-ASEAN Export Exhibition (CAEXPORT 2019) and the 16th China-ASEAN Business & Investment Summit 2019 (CABIS 2019) took place from 21-24/09/2019 in Nanning, China. They are multi-lateral operation activities between ASEAN and China yearly organized. On behalf of VLA, Vice President Dao Trong Khoa attended these events. 

 1.4. Worth knowing! Workshop “Solutions to support and facilitate businesses to export trade in goods and services to ASEAN markets”, jointly organized by VCCI, ARISE (ASEAN Secretariat), Vietnam International Arbitration Centre (VIAC) and VLA was held in Hanoi on 23, Danang 25 and Ho Chi Minh City 27 September 2019. Read more at https://assist.asean.org/ and http://bit.ly/2kVMGkF and item 3.1.below.

2. LOGISTICS DEVELOPMENT UPDATE 

2.1. Keppel Logistics unit expands to Vietnam and Malaysia. It launched an online-to-offline service in Vietnam. Read more at https://shipping.einnews.com/article_detail/494231818/ghpFyTiTxaBqBrh6?n=2&code=o-DfMM7Uws5PBheP&utm_source=NewsletterNews&utm_medium=email&utm_campaign=Vietnam+Shipping+%26+Logistics+News&utm_content=article      

2.2. FIATA Calls for Dialogue in Response to Shipping Line’s Misdeclaration Fines. FIATA is calling for urgent dialogue with the top carriers, in the wake of recent moves by shipping lines to impose penalties on shippers who misdeclare cargoes. For more details, please visit: https://fiata.com/media/press-releases/2019/20-august.html .[…] (FIATA e-Flash No. 207).

2.3. Vietnam third most active startup ecosystem in Asean. Vietnam jumped from fifth to third in the list of most active start-up ecosystems in the six largest Asean economies in only two years. The change was from the first half of 2017 to the corresponding period of this year, with the country trailing only Indonesia and Singapore. Read more at https://shipping.einnews.com/article_detail/494551742/7YyvOblvuVVc-0PK?n=2&code=o-DfMM7Uws5PBheP&utm_source=NewsletterNews&utm_medium=email&utm_campaign=Vietnam+Shipping+%26+Logistics+News&utm_content=article  

2.4. US tech start-up RPA set to disrupt logistics with AI bots. A US start-up is bringing ‘robotic process automation’ (RPA) to the logistics arena, to speed up repetitive processes and customer interaction to free employees for other tasks. Fledgling technology company RPA Labs wants to harness the nascent technology to facilitate processes in logistics and officially entered the arena today, after a year developing its software bots. […] (FIATA e-Flash No. 207).

2.5. Self-driving truck startup Kodiak Robotics begins deliveries in Texas. A year after coming out of stealth mode with $40 million, self-driving truck startup Kodiak Robotics will begin making its first commercial deliveries in Texas. Kodiak will open a new facility in North Texas to support its freight operations along with increased testing in the state. […] (FIATA e-Flash No. 208).

2.6. Vietnam’s Mekong Delta needs logistics investment.. A trade representative has called for the construction of more deep-water ports in the Mekong River Delta to save money and time for seafood exporters. Nguyen Hoai Nam, deputy general secretary of the Vietnam Association of Seafood Exporters and Producers (VASEP), said the move would allow firms to directly export their goods. Read more at https://shipping.einnews.com/article_detail/494630591/1ghA4CWRR3VtFHf0?n=2&code=o-DfMM7Uws5PBheP&utm_source=NewsletterNews&utm_medium=email&utm_campaign=Vietnam+Shipping+%26+Logistics+News&utm_content=article 

2.7. New fuel to get sea freight environmentally shipshape. Tens of thousands of cargo ships will have to start using less polluting fuels in January, a boon for the environment that could however lead to higher bills for consumers. The International Maritime Organisation decided in 2016 that the sulphur levels in fuels for ships would have to fall to 0.5 per cent in 2020, compared to 3.5 per cent currently. The easiest option for many is to switch to new fuels with low sulphur content or marine diesel oil. […] (FIATA e-Flash No. 208).

2.8. Good-Bye China, Hello Vietnam. The trade war between the U.S. and China has dragged on for more than a year now with 25% tariffs currently placed on $200 billion of Chinese goods. On August 1, President Trump announced that the U.S. would move forward with imposing a 10 percent ad valorem tariff on a fourth list of Chinese imports worth about $300 billion. Read more at https://www.lexology.com/library/detail.aspx?g=465beeed-d666-4e3b-a06f-301b27593cf2

3. POLICIES AND LEGISLATION

3.1. The ASEAN Solutions for Investments, Services and Trade (ASSIST) is a non-binding and consultative mechanism for the expedited and effective solution of operational problems encountered by ASEAN Enterprises on cross-border issues related to the implementation of ASEAN economic agreements and within the framework of the ASEAN Economic Community (AEC) launched in 2015. ASSIST is fully internet based and free of charge. Are you an ASEAN ENTERPRISE facing a problem with respect to Trade in Goods or Trade in Services within the ASEAN region?  If so, you may File a Complaint in your own name, through an ASEAN-based Trade Association or anonymously by using an ASEAN-registered Lawyer or Law Firm. Read more at https://assist.asean.org/

3.2. To scrubber or not to scrubber: that was the question for carriers. The IMO’s regulation for a maximum 0.5% sulphur content in marine fuel coming into force on 1 January looks set to divide ocean carriers into two distinct low and high scrubber groups. According to Drewry, there will be a group of ‘low-scrubber users’ with an average of just 1% of their ships equipped with the exhaust gas cleaning systems, operating only a handful of vessels, 2% of teu capacity, able continue to burn cheaper 3.5% sulphur content heavy fuel oil (HFO). Read more at https://theloadstar.com/to-scrubber-or-not-to-scrubber-that-was-the-question-for-carriers/   

3.3. FMC Approves Dye’s Recommendations on Detention and Demurrage, Issues Proposed Interpretive Rule. The Federal Maritime Commission (FMC) in March 2018 directed Commissioner Rebecca F. Dye to initiate a fact finding investigation (Fact Finding 28) into demurrage and detention practices at U.S. ports. Read more at  https://www.lexology.com/library/detail.aspx?g=95556cd5-fad0-4a85-bfda-32dfe28f8886&utm_source=lexology+daily+newsfeed&utm_medium=html+email+-+body+-+general+section&utm_campaign=lexology+subscriber+daily+feed&utm_content=lexology+daily+newsfeed+2019-09-19&utm_term=

3.5. Logistics Update Africa (LUA) is a bi-monthly magazine that brings the most credible news, views and stories of and from Africa about the continent’s evolving transport and logistics industries. LUA is one of the four publications from STAT Media Group, the earliest business to business trade publication in transport and logistics in the world. (From: Logistics Update Africa [mailto:info@logupdateafrica.com])

4. LEGAL MATTERS RELATING TO LOGISTICS SERVICES

4.1. New ICC Incoterms 2020 Released. ICC has launched Incoterms 2020, the newest edition of the renowned trade terms in 29 languages available for purchase at the ICC’s Bookshop. Access to the rules have also been made easier through a dedicated Incoterms 2020 mobile app. FIATA was part of the International Chamber of Commerce (ICC) consultation that gave feedback to the drafting committee and made comments on the proposed changes in the 2020 edition. Some brief highlights trailed by the ICC are that Incoterms® 2020: – Provides for demonstrated market needs in relation to bills of lading (BL) with an on-board notation on the Free Carrier (FCA) Incoterms®, – Aligns different levels of insurance coverage in Cost Insurance and Freight (CIF) and Carriage and Insurance Paid To (CIP); – A change in the three-letter name for Delivered at Terminal (DAT) to Delivered at Place Unloaded (DPU); –  Includes arrangements for carriage with own means of transport in FCA, Delivered at Place (DAP), Delivered at Place Unloaded (DPU), and Delivered Duty Paid (DDP), – Includes security-related requirements within carriage obligations and costs […]. (FIATA e-Flash No. 209) 

4.2. FMC Proposes Guidance Clarifying How It Will Assess Unreasonable Ocean Demurrage and Detention Practices.
On September 13, 2019, the Federal Maritime Commission (Commission or FMC) proposed an interpretive rule that provides important guidance on when marine terminal and ocean carrier demurrage and detention rules and practices for containerized cargo may be found to be unlawful.  Read more at https://www.lexology.com/library/detail.aspx?g=c551bea8-2717-4da1-b9ca-71777b698d8f&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2019-09-19&utm_term=      

4.4. Wrongful vessel arrest in collision claim. In The Owner of Ship or Vessel ‘Lavela’ v The Owner of Ship or Vessel ‘Basilia’,(1) the plaintiff claimed that the defendant’s vessel (Basilia) had collided into the plaintiff’s vessel (Lavela), which had been anchored at the Istanbul port in Turkey. To stop the plaintiff from arresting Basilia, the defendant obtained a letter of undertaking from the London Protection and Indemnity (P&I) Club, which was dated 13 February 2018. . Read more at https://www.internationallawoffice.com/Newsletters/Shipping-Transport/Malaysia/Shearn-Delamore-Co/Wrongful-vessel-arrest-in-collision-claim?utm_source=ILO+Newsletter&utm_medium=email&utm_content=Newsletter+2019-09-18&utm_campaign=Shipping+%26+Transport+Newsletter   

5. VLA FEEDBACK FROM MEMBERSHIP

VLA welcomes any news, information and articles from Members to NEWSLETTER editors at email nguyentuong@vla.com.vn or ngokhacle@gmail.com, and also their comments to improve it. Thanks.

Prepared by: Think tank Lawyer Vo Nhat Thang  | VIAC Arbitrator Ngo Khac Le | Logistics Senior Adviser Nguyen Tuong.