Bài thi cuối kỳ kỹ thuật nghiệp vụ ngoại thương sales contract

Sales ContractContract No: PLVN003231 Date: 2ndSeptember 2023The contract made on 2nd September 2023 between Food Company of Hochiminh City Ltd.. hereinafter referred to as the Buyer on

TRƯỜNG ĐẠI HỌC SƯ PHẠM KỸ THUẬT TPHCM

KHOA KINH TẾ

BÀI THI CUỐI KỲ MÔN: MÔN HỌC: KỸ THUẬT NGHIỆP VỤ NGOẠI THƯƠNG

GVDH: Th.S Lê Trường Diễm Trang Lớp học phần: FTRO332608_23_1_02 Nhóm sinh viên thực hiện:

TP Hồ Chí Minh, tháng 12 năm 2023

Lecturer’s comment:

December 27, 2023

Sales Contract

Contract No: PLVN003231 Date: 2ndSeptember 2023 The contract made on 2nd September 2023 between Food Company of Hochiminh City Ltd (hereinafter referrred to as the Seller) on the one part and Hortex Holding S.A (hereinafter referred to as the Buyer) on the other part

1610 Vo Van Kiet Street, Ward 7, District 6, Hochiminh City, Vietnam

Website: www.foodcompanyhcm.com Email: foodcompanyhcm@gmail.com Represented by Mr Tran Minh Duc - General Manager

Ul Mszczonowska 2, Warsaw; Mazowieckie; Poland

Website: www.hortexholding.com Email: hortexholding@gmail.com Represented by Mr Hans Lombard - General Manager

We, Party A and Party B, confirm having concluded this contract covering the undermentioned goods in accordance with terms and conditions stated herein Bài 1

and reverse side hereof, which shall override exclude, and supersede and terms proposed but not covered herein

The Seller agrees to sell and the Buyer agrees to buy hereinafter commodities under the follow terms and conditions

1 COMMODITY:

VIETNAMESE CASHEW NUTS NEW CROP (FRESHLY MILLED STOCK)

2 ORIGIN:

Vietnam

3 SPECIFICATION:

Cargo should be sound, fair and merchantable quality fit for human consumption free from live insects/weevils

Rest of specifications as per Vietnam Standard when not in contradiction with the above

4 QUANTITY:

- 1,200.00 (One thousand two hundred only) Metric Tons

- Tolerance: +/- 5% at Buyer’s Option

- Total Gross Weight: 1,207.20 Metric Ton

- Total Net Weight: 1,200.00 Metric Ton

5 UNIT PRICE:

USD5,512.00 (United States Dollars Five Thousand Five Hundred and Twelve only) per Metric Ton

Total amount: 6,614,400.00 (United States Dollars Six Million Six Hundred and Fourteen Thousand Four Hundred only) in total for 1,200 Metric Tons (+/-5% at Buyer’s Option)

Net shipped weight FOB Hochiminh City Port (Incoterms 2020)

6 SHIPMENT:

Shipment date: Not later than 11thDecember 2023

Partial Shipment: Not Allowed

Transhipment: Not Allowed

Port of Loading: Hochiminh City Port, Vietnam

Port of Destination: Swinoujscie, Poland

7 PAYMENT:

Drafts at sight for 100 percent invoice value

In United State Dollars by an Irrevocable Letter of Credit payable at sight for

100 percent invoice value

All bank charges outside Poland are for the account of beneficiary The Seller shall be paid at sight against such presentation of documents comply to all L/C conditions and cost of discrepancy to be born by the Buyer

8 PACKING AND MARKING:

Packing: in PE bags weighing 25 kgs net

Three (3) percent marked empty spare bags with same marking to be supplied free of cost by the sellers along with the shipment for bulk vessel

Marking: Natural top-ranking

9 INSPECTION:

By the Buyer’s representative at the Seller’s warehouse or at the port of loading

10 PENALTY:

In the event that the Seller fails to deliver the goods under this contract on due time, the Buyer will have the right to penalty in the amount equivalent to 1% of delayed portion value per a week of delayed but totally not exceed 3% total value contract Telegraphic transfers to the buyer's Bank shall effect payment for the penalty at the same time If either of the Buyer or Seller cancels this contract without agreement of other party, the party is subjected to a penalty equivalent to the value of contract and it must compensate the loss due to cancellation of contact to the other party

11 FORCE MAJEURE:

In the event that the performance or carrying but this contract by either party is delayed or prevented in whole or in part by reasons including war, strikes, lockouts, fire floods, riots, embargoes, earthquakes, floods, typhoon, peril, fire, loss of harvest including but not limited to acts of god Force Majeure circumstances must be notified by each party to other within 7 days by writing with a certificate of force majeure issued by Government authority Beyond this time, Force Majeure circumstances shall not be taken into consideration

12 CLAIM AND ARBITRATION:

In case of claim on quality discrepancy against the Seller, the Buyer shall officially notify the Seller by fax within 2 weeks from the date of arrival of vessel at discharging port Thereafter, both Buyer and Seller mutually appoint

an international reputable neutral inspection agency and such inspection result shall be deemed as final to both Seller and Buyer Should any disputes arise between the contracting parties to which no agreement can be reached, these disputes shall be settled by arbitration, which shall take place in Poland as per arbitration rules number 125 of GAFTA, English Law and English language to apply

13 INSURANCE:

To be covered by Buyer once the cargo is on board the vessel

14 GENERAL TERMS:

Both parties undertake to excute strictly all articles of this contract any amendment or addition to this contract shall be made in writing after being mutually agreed by both parties

This contract is made in Two (2) copies, each party keeps one copy at the same value

15 DOCUMENTS REQUIRED:

Draft(s) in duplicate drawn on us for 100pct invoice value against presentation

of the following documents:

1 Signed Commercial invoice in triplicate

2 Full set 3/3 original “Clean on Board” ocean bills of lading and 3 non-negotiable copies marked “Freight Prepaid” issued “To order”, blank endorsed and notify applicant

3 Certificate of origin issued by Vietnam Chamber of Commerce and Industry in 1 original and 1 copy showing consignee “To order”

4 One original Phytosanitary certificate issued by Plant Protection Department of Ministry of Agriculture and Rural Development

5 Certificate of quality issued by SGS Vietnam Ltd at loading port in 1 original and 1 copy

6 Certificate of quantity issued by SGS Vietnam Ltd at loading port in

1 original and 1 copy

7 Beneficiary’s certificate confirming that shipment advice has been emailed to applicant, attention Timberton Willey stating B/L number, date of shipment, sailing date, port of loading, name of vessel, net and gross weight and ETA discharge port in 1 original

For and an behalf of the Seller For and on behalf of the Buyer

BILL OF EXCHANGE Hochiminh City, Vietnam September 24, 2023 No: YT6890

For: USD 6,614,400.00

At sight of this FIRST Bill of Exchange (SECOND of the same tenor and date being unpaid) Pay to the order of HSBC Bank (Vietnam) Limited, Vietnam The sum of United States Dollars Six million Six Hundred And Fourteen Thousand Four Hundred Only

Value received as per our invoice(s) No(s): MZ204 Dated: September 24, 2023 Drawn under: BNP Paribas Bank Polska S.A., Poland

BILL OF EXCHANGE Hochiminh City, Vietnam September 24, 2023 No: YT6890

For: USD 6,614,400.00

At sight of this SECOND Bill of Exchange (FIRST of the same tenor and date being unpaid) Pay to the order of HSBC Bank (Vietnam) Limited, Vietnam The sum of United States Dollars Six million Six Hundred And Fourteen Thousand Four Hundred Only

Value received as per our invoice(s) No(s): MZ204 Dated: September 24, 2023 Drawn under: BNP Paribas Bank Polska S.A., Poland

Food Company of Hochiminh City Ltd

1610 Vo Van Kiet Street, Ward 7, District 6, Hochiminh City, Vietnam

Food Company of Hochiminh City Ltd

1610 Vo Van Kiet Street, Ward 7, District 6, Hochiminh City, Vietnam

To: BNP Paribas Bank

Polska S.A., Poland

To: BNP Paribas Bank

Polska S.A., Poland

Tran Minh Duc

Tran Minh Duc Bài 2

FOOD COMPANY OF HOCHIMINH CITY LTD

1610 VO VAN KIET STREET, WARD 7, DISTRICT 6, HOCHIMINH CITY, VIETNAM

TEL: + 84 937114526

HO CHI MINH CITY, SEPTEMBER 24, 2023 FOR THE DIRECTOR

Price:

USD5,512.00 PER MT NET FOB

HOCHIMINH CITY PORT, VIETNAM

(INCOTERMS 2020)

Amount : USD 6,614,400.00

Saying: United States Dollars Six Million

Six Hundred And Fourteen Thousand Four

Hundred Only./

Total : USD 6,614,400.00

Description of goods:

1,200.00 METRIC TONS VIETNAMESE CASHEW NUTS NEW CROP, 5PCT BROKEN, CROP 2022/2023 (FRESHLY MILLED STOCK)

CONTRACT NO PLVN003231 Date: 2nd September 2023 Making: NATURAL TOP - RANKING

Quantity:

Number of bags : 48.000 Bags Gross weight : 1,207.20 Metric Tons Net weight : 1,200.00 Metric Tons Packing:

IN NEW SINGLE POLYPROPYLENE BAGS WEIGHING 25KGS NET TARE WEIGHT IN GRAMS OF THE BAG IS 150GRAMS (MINIMUM)

COUNTRY OF ORIGIN: VIETNAM

COMMERCIAL INVOICE

No MZ204

For Account and Risk of Messrs HORTEX HOLDING S.A

Ul MSZCZONOWAKA2, WARSAW; MAZOWIECKIE; POLAND

POSTAL CODE: 02-337 Means of transport and route (as far as known) M/V Sabrina

B/L No 07-HCM/NOU Date: Sept 24, 2023 From HOCHIMINH CITY PORT, VIETNAM

To SWINOUJSCIE, POLAND

Tran Minh Duc

FOOD COMPANY OF HOCHIMINH CITY LTD

1610 VO VAN KIET STREET, WARD 7, DISTRICT 6,

HOCHIMINH CITY, VIETNAM

GENERALISED SYSTEM OF PREFERENCES

CERTIFICATE OF ORIGIN

(Combined declaration and certificate)

FORM A

Issued in Vietnam

2 Goods cosigned to (Consignee’s name, address, country)

TO ORDER

3 Means of transport and route (as far as known)

BY SEA M/V SABRINA

UNDER B/L NO 07-HCM/NOU DATED: 24 th September 2023

FROM HOCHIMINH CITY PORT, VIETNAM

TO SWINOUJSCIE, POLAND

4 For official use

5 Item 6 Marks and 7 Number and kind of packages, 8 Origin 9 Gross weight or

other quantity Number of bags:

48.000 Bags Gross weight:

1,207.20 Metric Tons Net weight:

1,200.00 Metric Tons

10 Number and date of num-ber number of description of goods criterion (see invoices

packages 1,200.00 METRIC TONS Notes

Marking: VIETNAMESE CASHEW NUTS overleaf) No MZ204 NATURAL TOP

- RANKING NEW CROP, 5PCT BROKEN, Dated: 24

th September 2023

CROP 2022/2023 (FRESHLY MILLED STOCK) Packing:

IN NEW SINGLE POLYPROPYLENE BAGS WEIGHING 25KGS NET TARE WEIGHT IN GRAMS

OF THE BAG IS 150GRAMS (MINIMUM)

11 Certification

It is hereby certified, on the basis of control carried out, that the declaration

by the exporter is correct.

CHAU KHAI HOA

HO CHI MINH CITY, 24 th September 2023

12 Declaration by exporter The undersigned hereby declares that the above details and statements are correct; that all the goods were produced in Vietnam and that they comply with the origin requirements specified for goods exported to

POLAND

………

(importing country)

HO CHI MINH CITY, 24 th September 2023 TRAN MINH DUC

MATE’S RECEIPT

FOOD COMPANY OF HOCHIMINH CITY LTD

1610 VO VAN KIET STREET, WARD 7, DISTRICT 6, HOCHIMINH CITY, VIETNAM

Received on board the M/V:

“SABRINA” destined for SWINOUJSCIE, POLAND the undermentioned goods:

Saying: FORTY EIGHT THOUSAND BAGS ONLY./

CHIEF OFFICER

COMMODITY QUANTITY

BAGS

WEIGHT

PORT OF DISCHARGE NET

(M/TS)

GROSS (M/TS) B/L No 07-HCM/NOU

1,200.00 METRIC TONS

VIETNAMESE CASHEW NUTS

NEW CROP, 5PCT BROKEN,

CROP 2022/2023 (FRESHLY

MILLED STOCK)

PACKING

48.000 1,200.00 1,207.20 SWINOUJSCIE,

POLAND

IN NEW SINGLE

POLYPROPYLENE BAGS

WEIGHING 25KGS NET,

TARE WEIGHT IN GRAMS

OF THE BAG IS 150 GRAMS

(MINIMUM)

MARKING: NATURAL TOP - RANKING Saying: - Three percent (1440 pieces) empty spare bags free of charge to be delivered along with the shipment

- Forty eight thousand bags only./

TOTAL 48.000 1,200.00 1,207.20

Bài 3:

Giá EXW

= Giá xuất xưởng + Chi phí kiểm định chất lượng + Chi phí kiểm dịch + Chi phí khử trùng

= 500 x 24.430 x 450 +5.000.000+ 500.000+ 1.000.000

= 5.503.250.000 VND

Giá chào bán (USD) cho khách hàng theo các điều kiện Incoterms (Incoterms 2020): Giá FCA (Cat Lai Port, Hochiminh City)

= Giá EXW + Chi phí làm thủ tục hải quan xuất khẩu + Chi phí vận chuyển hàng từ kho người bán ở An Giang đến cảng Cát Lái + Phí bốc hàng từ kho lên phương tiện vận tải đầu tiên

= 5.503.250.000 +500.000 + 3.000.000 x15 + 500.000 x15 = 5.556.250.000 VND/lô

Tỷ giá hối đoái 1USD= 24.430 VND => 5.556.250.000 đồng = 227,435.5301 USD/lô Giá CPT (Kaohsiung Port, Taiwan)

= FCA + Phí THC đầu bốc + Ocean Freight = 227,435.5301 + (50 x 15) + (200 x 15)

= 231,185.5301 USD/lô

CIP (Kaohsiung Port, Taiwan)

= Giá CPT + I (Phí bảo hiểm) = 231,185.5301 + 70 = 231,255.5301 USD/lô

DAP (Buyer’s warehouse)

= (Giá CPT + Phí THC đầu dỡ) + Phí vận chuyển từ Kaohsiung Port về kho người mua

= (231,185.5301 + 50 x 15) + 100 x 15 = 23,.435.5301 USD/lô

DPU (Buyer’s warehouse)

= DPA + Phí dỡ hàng tại kho người mua = 233,435.5301 + 20x15 = 233,735.5301 USD/lô DDP (Buyer’s warehouse)

= DAP + Chi phí nhập khẩu: thuế nhập khẩu + phí và lệ phí = 233,435.5301 + 10x450

= 237,935.5301 USD/lô

Vậy Giá chào bán (USD) cho khách hàng theo các điều kiện Incoterms 2020: FCA (Cat Lai Port, Hochiminh City) = 227,435.5301 USD/lô

CPT (Kaohsiung Port, Taiwan) = 231,185.5301 USD/lô

CIP (Kaohsiung Port, Taiwan) = 231,255.5301 USD/lô

DAP (Buyer’s warehouse) = 23,.435.5301 USD/lô

DPU (Buyer’s warehouse) = 233,735.5301 USD/lô

DDP (Buyer’s warehouse) = 237,935.5301 USD/lô