However, disputes often arise due to damages, breaches of contract, or a lack of legal understanding. So, what legal provisions are relevant to house moving services? What should both the service user and provider be aware of to protect their rights? Follow NPLaw's article below for answers.
I. The Necessity of House Moving Services
House moving services play a crucial role in meeting the relocation needs of individuals and organizations, whether for homes or workplaces. The acceleration of urbanization, coupled with the busy pace of modern life, makes self-relocation difficult, time-consuming, and labor-intensive.
Additionally, house moving services offer many benefits such as:
Time-saving: Professional service providers can quickly pack and transport items, allowing clients to settle into their new residence with peace of mind.
Asset Safety Assurance: With modern transportation methods and strict procedures, the risk of damage or loss of assets is significantly reduced.
Diverse Needs Fulfillment: From moving family homes to relocating offices, warehouses, or large assets such as pianos and antiques.
II. Regulations Related to House Moving Services
1. What is a House Moving Service?
House moving service is a part of the goods transportation industry, encompassing packing, transportation, and delivery of assets from an old location to a new one as per customer request. Furthermore, according to the provisions of Decree No. 10/2020/ND-CP (Nghị định 10/2020/NĐ-CP), this service falls under the category of goods transportation business by automobile.
2. Are there any conditions for providing house moving services?
To provide house moving services, organizations and individuals must comply with the following legal conditions:
- Business Registration: Individuals and organizations providing house moving services must register as a business household (hộ kinh doanh) or enterprise (doanh nghiệp) and may select one of the following industry codes as their main code:
- 4933 – Road freight transport;
- 9700 – Activities of households as employers of domestic personnel;
In addition, other codes within the Vietnam Standard Industrial Classification (VSIC) system can be selected as supplementary industry codes.
Are there any conditions for providing house moving services?
- Vehicle and Driver Requirements:
- Drivers must possess appropriate driving licenses as per the Road Traffic Law 2008 (Luật Giao thông đường bộ 2008).
- Vehicles must be legally owned or used by the business entity.
- Automobiles used for containerized goods transport and tractor-trailer trucks must be equipped with cameras to record and store images of the driver. Image data must be provided to the Police, Traffic Inspectorate, and licensing authorities. The in-vehicle image storage duration must ensure the following: A minimum of the most recent 24 hours for vehicles operating on journeys up to 500 km; A minimum of the most recent 72 hours for vehicles operating on journeys over 500 km.
- Transport Business License: Enterprises must possess a transport business license as stipulated in Decree No. 10/2020/ND-CP.
Thus, providing house moving services requires compliance with legal conditions regarding business registration, transport licenses, and vehicle and driver requirements.
3. Regulations for Providing House Moving Services
House moving services are governed by various legal provisions, including:
3.1. Provisions under Article 72 of the Road Traffic Law 2008
- The transport of goods by automobile must comply with the following regulations: Goods transported on the vehicle must be neatly arranged and securely fastened; When transporting bulk goods, they must be covered to prevent spillage.
- The following acts are prohibited: Transporting goods exceeding the designed load capacity and permissible dimensions of the vehicle; Carrying passengers in the cargo compartment.
- Additionally, compliance is required with regulations concerning goods transport business units that do not directly collect payment, which must possess a Business License and vehicles for goods transport; Transport contracts, transport documents; and regulations for goods transport units and drivers as per Circular No. 63/2014/TT-BGTVT (Thông tư 63/2014/TT-BGTVT).
3.2. Provisions under the Law on Protection of Consumer Rights 2010 (Luật Bảo vệ quyền lợi người tiêu dùng 2010)
The service provider must ensure truthful information regarding prices, quality, and execution time.
3.3. Liability for Damages
If damage or loss of assets occurs during transportation, the service provider must compensate according to Article 584 of the Civil Code 2015 (Bộ luật Dân sự 2015). Specifically, the service provider (house moving company) is obligated to compensate customers for damages when their assets are damaged or lost during transportation due to the fault of the service provider. Damages may include: physical damage to assets, total or partial loss of assets. The compensation value will be determined based on the asset's value at the time the damage occurred.
Therefore, when operating a house moving service business, organizations must ensure compliance with the aforementioned legal provisions and other relevant regulations.
III. Common Questions Related to House Moving Services
1. If house moving services cause damage to high-value items but there is no proof, can the service user sue?
According to Article 304 of the Commercial Law 2005 (Luật Thương mại 2005), the party causing damage must compensate, but the party claiming compensation must provide evidence of the damage, such as: service contracts; asset handover minutes; pre- and post-transportation images.
Without evidence, claiming compensation will be very difficult, unless there is an admission from the service provider.
Therefore, the service user should retain sufficient evidence to protect their rights if damage occurs.
2. If a house moving service receives payment but fails to perform, are there penalties?
According to Article 351 of the Civil Code 2015, if the service provider fails to fulfill their commitments, they must refund costs and compensate for damages. If this act shows signs of property appropriation, it may be subject to criminal prosecution under Article 174 of the Penal Code 2015 (amended and supplemented 2017) (Bộ luật Hình sự 2015 (sửa đổi, bổ sung 2017)).
Thus, the act of not performing services after receiving payment can result in civil or criminal proceedings, depending on the severity of the violation.
3. Is it mandatory to establish an enterprise to provide house moving services?
According to the Law on Enterprises 2020 (Luật Doanh nghiệp 2020), organizations and individuals regularly engaged in the house moving service business must register their business. However, small-scale operations may register as business households (hộ kinh doanh).
Is it mandatory to establish an enterprise to provide house moving services?
In summary, providing house moving services requires business registration to ensure legal operations.
IV. Legal Consulting Services Related to House Moving Services
Many legal issues can arise in the house moving service sector, from contractual disputes to liability for compensation. NPLaw's legal consulting services will assist clients and businesses with:
- Drafting and reviewing contracts.
- Representing clients in dispute resolution or complaints.
- Advising on business registration procedures and transport licenses.
NPLaw is committed to providing in-depth legal solutions, ensuring the rights and limiting risks for clients. Please contact us using the information below for specific consultation.
