Tiểu luận cuối kỳ đề tài soạn thảo hợp đồng thương mại quốc tế

All documents must be couriered in one lot directly to BNP Paribas Polska SA.L/C beneficiary: Vietnam Southern Food Corporation JSC, 333 Tran Hung Dao Street, Nguyen Cu Trinh Ward, Distr

BỘ GIÁO DỤC VÀ ĐÀO TẠOTRƯỜNG ĐẠI HỌC SƯ PHẠM KỸ THUẬT TP HCM

Phan Thị Hoàng Ngân 19126068Nguyễn Thị Kim Oanh 19126083

Thành phố Hồ Chí Minh, tháng 1 năm 2022

NHẬN XÉT CỦA GIÁO VIÊN

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Ký tên

THS LÊ TRƯỜNG DIỄM TRANG

Câu 1: Soạn thảo một Sales Contract thể hiện đầy đủ các Clauses cần thiết dựa vào thông tin trong L/C kèm theo đề bài.

SALES CONTRACTContract No: NZVR79625Date: 14 – October – 2021Seller: Vietnam Southern Food Corporation JSC

333 Tran Hung Dao Street, Nguyen Cu Trinh Ward, District 1,Hochiminh City, Vietnam

Represented by Mr Michal Sasin – Owner / Entrepreneur

It has been agreed to sell and buy rice under the following terms and conditions:

1 COMMODITY: Vietnamese long grain white rice 10% broken

Average length of grain 6.2 MM Min

Forreign matter 0.5% Max

Paddy (grains/kg) 25 Grains Max

Chalky kemels (basis ¾) 8% Max

Red and red streaked kemel 5% Max

Milling degree Reasonably Well milled

Live insect Nil after fumigation

Latest Date of Shipment: 2021/12/11

Partial shipment: Not allowed

Transhipment: Not allowed

Port of shipment: Hochiminh City Port, Vietnam

Port of destination: Gdynia, Poland

7 PACKING AND MARKING:

Vietnamese long grain white rice 10% broken new crop packing in new polypropylenebags weighing 50 kgs net each at USD405.00 (US Dollars Four Hundred and Five only)per metric ton of 1,000 kgs net shipped weight FOB (Incoterms 2020)

Tare weight of empty bag: 1 bag = 0.14kg

Empty spare bags: 4% of total bag as emty bags to be supplied free of chargesMarking: PERPEKTI

1 Signed Commercial invoice in triplicate mentioning contract number and date.

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

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

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

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

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 toapplicant, attention Timberton Willey stating B/L number, date of shipment, sailingdate, port of loading, name of vessel, net and gross weight and ETA discharge port in 1original

Documents to be presented within 15 days after date of shipping documents or onboard validation but within the validity of this credit

11 PAYMENTS:

By irrevocable Letter of Credit all sight from B/L date for 100 percent invoice value Alldocuments must be couriered in one lot directly to BNP Paribas Polska SA.

L/C beneficiary: Vietnam Southern Food Corporation JSC, 333 Tran Hung Dao Street,Nguyen Cu Trinh Ward, District 1, Hochiminh City, Vietnam

L/C advising bank: BNP Paribas Polska SA, Mazowieckie, Poland

Bank of opening L/C: BNP Paribas Polska SA, Mazowieckie, Poland

Time of opening L/C: within 2021/10/14

12 GENERAL TERMS: Both parties undertake to execute strictly all articles of thiscontract Any amendment or addition to this contract shall be made in writing afterbeing mutually agree by both parties

● All documents must indicate LC No

● A discrepancy fee of USD50.00 will be charged and deducted from proceeds ifdocuments are presented with discrepancy(ies), acceptance of such discrepantdocuments will not in any way alter the terms and condition of this credit

● Charter party B/L acceptable

13 FORCE MAJEURE: The Seller/Buyer are not responsible for any delay in or failure

of shipment and/or due to and in case of force majeure, such as strikes, fire floods, war,riots, embargoes, earthquakes, loss of harvest including but not limited to Acts of God,restriction or any conditions beyond the seller’s/buyer’s control Force Majeurecircumstances must be notified by each party to other within 7 days by writing withcertificate of force majeure issued by Government authority Beyond this time, ForceMajeure circumstances shall not be taken into consideration

14 CLAIM AND ARBITRATION:

In case of dispute, it is first mutually discussed the basic of mutual respect and benefits

if it is beyond discussion, the case shall be referred to VietNam InternationalArbitration Center at the Chamber of Commerce and Industry of Vietnam in Ho Chi

Condition: UCP-DC-600 ICC Publication 11/2006

The contract is drafted in English, counter-signed by both parties and come into forcefrom the day of signing

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

Câu 2: Lập bộ chứng từ thanh toán sau khi đã giao hàng xong để xuất trình cho ngân hàng.

2.1 Bill of exchange:

Bill of Exchange

No: BL141021 Hochiminh City, Vietnam, 14thOctober hay November 2021

For: USD2,511,000.00

At xxxx sight for 100 percent invoice value of this FIRST Bill of Exchange (SECOND

of the same tenor and date being unpaid)

Pay to the order of Joint Stock Commercial Bank for Foreign Trade of Vietnam thesum of United State Dollars Two Million Five Hundred and Eleven Thousand Only./.Value received as per our Invoice(s) No 12 dated 14hNovember?? 2021

Drawn under: BNP Paribas Polska SA, Poland

irrevocable L/C No NZVR79625 Dated 14thOctober 2021

To: BNP Paribas Polska SA Vietnam Southern Food Corporation JSC, 333

Tran Hung Dao Street, Nguyen Cu TrinhWard, District 1, Hochiminh City, Vietnam

Bill of Exchange

No: BL141021 Hochiminh City, Vietnam, 14thOctober hay November 2021

For: USD2,511,000.00

At xxxx sight for 100 percent invoice value of this SECOND Bill of Exchange (FRIST

of the same tenor and date being unpaid)

Pay to the order of Joint Stock Commercial Bank for Foreign Trade of Vietnam thesum of United State Dollars Two Million Five Hundred and Eleven Thousand Only./.Value received as per our Invoice(s) No 12 dated 14hNovember?? 2021

Drawn under: BNP Paribas Polska SA, Poland

irrevocable L/C No NZVR79625 dated 14thOctober 2021

To: BNP Paribas Polska SA Vietnam Southern Food Corporation JSC, 333

Tran Hung Dao Street, Nguyen Cu Trinh Ward,District 1, Hochiminh City, Vietnam

2.2 Commercial invoice:

VIET NAM SOUTHERN FOOD CORPORATION JSC

333 TRAN HUNG DAO STREET, NGUYEN CU TRINH WARD, DISTRICT 1, HOCHIMINH CITY,

VIETNAM TEL: (028) 3837 0026COMMERCIAL INVOICE

No 12

For Account and Risk of MesrsMeliseus Michal Sasin Piotr KrawczykPieciolinii 5/26, Warsaw, Mazowieckie, Poland

Price:

USD405.00 (US Dollars Four Hundred

and Five only) per metric ton of 1,000

kgs net shipped weight FOB (Incoterms

2020)

Description of goods6,200.00 Metric Tons Vietnamese long grain white rice 10%broken new crop

CONTRACT NO NZVR79625 DATED 14-OCT-2021

“WE CERTIFY THAT SPECIFICATIONS TO CONFORM STRICHTLY AS PER CONTRACT NO.NZVR79625 DATED 14- OCT-2021”

Amount :USD2,511,000.00

Saying: United State Dollars Two

Million Five Hundred and Eleven

Thousand Only./

Total :USD2,511,000.00

Marking: PERPEKTIQuantity:

Number of bagsGross weightNet weight

: 124,000 Bags: 6,217.36Metric Ton: 6,200.00 Metric TonPacking:

In new polypropylene bags weighing 50 kgs net, tare weight in grams

of the bag is 140 grams (minimum)

HO CHI MINH CITY, Nov 14th, 2021FOR THE DIRECTOR

Means of transport and route (as far as known)

B/L No 04-HCM/GDY DATE Nov 14 , 2021th

04-333 TRAN HUNG DAO STREET, NGUYEN CU

TRINH WARD, DISTRICT 1, HOCHIMINH CITY,

Meliseus Michal Sasin Piotr Krawczyk

Pieciolinii 5/26, Warsaw, Mazowieckie, Poland

Vessel

M/V SABRINA

Port of loadingHOCHI MINH CITY PORT, VIET

NAM

Port of dischange

GDYNIA, POLAND

Skipper’s description goods

6,200.00 Metric Tons Vietnamese long grain white

rice 10% broken new crop

Packing

In new polypropylene bags weighing 50 kgs net, tare

weight in grams of the bag is 140 grams (minimum)

4 PCT (4960 PIECES) EMPTY SPARE BAGS FREE

OF CHARGE TO BE DELIVERED ALONG WITH

: 124,000 Bags: 6,217.36 Metric Ton: 6,200.00 Metric Ton

SAYING: FORTY THOUSAND BAGS ONLY./.

“CLEAN ON BOARD”

DATED: November 14 th , 2021

(of which on desk at Shipper’s: the Camer notBeing responsible for loss or damage howsoever arsing)Freight payable as per

FOR CONDITIONS OF CARRIAGE SEE OVERLLEAF

Freight payable at Place and date of issue

HO CHI MINH CITY - Nov 14 th , 2021 Number of original B?/L

THREE (3/3)

Signature SAI GON SHIPPING JSC AS VESSEL’S AGENT AT LOADING PORT, FOR AND ON BEHALF OF THE MASTER OF “SABRINA”

As Agents at HOCHIMINH CITY PORT, VIETNAM

2.4 Certificate of quantity:

Certificate No:

Page No: 1/2REF NO………

Ho Chi Minh City, 14thNov, 2021

CERTIFICATE OF QUANTITY

The consignment designated as:

Base on our inspection and Certificate of Fumigation No 13000052T/V.F.C issued on 14thNov, 2021 by Plant Protection Department of Ministry of Agriculture and RuralDevelopment

Vessel’s name

Description of Goods:

M/V SABRINA6,200.00 Metric Tons Vietnamese long grain white rice 10%broken new crop

Port of loading: Hochiminh City Port, Viet Nam

Port of dischange: Gdynia, Poland

Shipper: 333 TRAN HUNG DAO STREET, NGUYEN CU TRINH WARD,

DISTRICT 1, HOCHIMINH CITY, VIETNAMTEL: (028) 3837 0026

Consignee: To Order

Notify Party: Meliseus Michal Sasin Piotr Krawczyk

Pieciolinii 5/26, Warsaw, Mazowieckie, PolandTEL: +48 22 203 6440

Bill of Lading number: 04-HCM/GDY Date: 14thNov, 2021

Quanlity Loaded: Net Weight:

Gross Weight:

Number of Bags:

6,200.00 Metric Ton6,217.36 Metric Ton124,000 Bags

Country origin: Vietnam

We certify that in pursuance of an order received from: SHIPPER, we inspected the saidshipment for the “Quantity and Quality” We report as follows:

Bag Mark/Brand:PERPEKTI

Packing: In new single Laminated PP bags of 50 Kg net, specification for polypropylenebags for 50kg tare weight in grams of the bag is 140 grams (Minimum)

Weight: 10% of the bags selected at random on tested platform scale(s) On the basic ofabove and Bill of Lading, we certify the loaded weight to be:

Wright of each bag: Gross: 50.14 Kgs Tare of each bag: 0.14 Kg Net: 50.00 KgsTotal loaded weight: Net Weight:

Tare Weight:

Gross Weight:

Number of Bags:

6,200.00 Metric Tons17.36 Metric Tons6,217.36 Metric Tons124,000 Bags

The consignment designated as

Based on our inspection and Certificate of Fumigation No … Issued on 14 October, 2021byVietnam Fumigation Company

Vessel’s name M/V Sabrina

Description of

Goods

6,200.00 (Six thousand two hundred only)

Metric Tons Vietnamese long grain white rice 10% broken new cropPort of loading Hochiminh City Port, Vietnam

Port of discharge Gdynia, Poland

Shipper Vietnam Southern Food Corporation JSC

333 Tran Hung Dao Street, Nguyen Cu Trinh Ward, District 1, HochiminhCity, Vietnam

Tel: (028) 3837 0026

Notify Party Meliseus Michal Sasin Piotr Krawczyk

Pieciolinii 5/26, Warsaw, Mazowieckie, Poland

Tell: +48 22 203 6440

Bill of Lading

number

04-HCM/GDY Date: 14thNov, 2021

Quantity Loaded Net Weight:6,200.00 Metric Tons

Gross Weight:6,217.36 Metrics Tons

Number of Bags:124,000 bags

Country origin Vietnam

We certify that in pursuance of an order received from: SHIPPER, we inspected the said shipmentfor the “Quality” We report as follows:

Bag Mark/Brand: PERPEKTI

Packing: in new polypropylene bags weighing 50 kgs net each at USD405.00 (US Dollars Four

Hundred and Five only) per metric ton of 1,000 kgs net

Certificate No:

Page No: 2/2QUALITY: The representative sampling of the cargo was performed at regular intervalsthroughout entire packing and loading on 10% basis at random A composite sampleproportionally mixed and allocated reference No … was submitted for analysis (base onVietnamese standard TCVN 1643-2008) in a reputable laboratory and we certify the averageactual results cổnm to the specification received as follows

Average length of

Paddy (grains/kg) 25 Grains Max TCVN 5644-2008 24 Grains

Chalky kemels

(basis ¾)

Red and red

streaked kemel

Milling degree Reasonably

Well Milled TCVN 5644-2008 ReasonablyWell Milled

Place of Intervention: at shipper’s warehouse and during loading on board

Date of Intervention:

“This certificste reflects the findings determined at time and placed of our intervention only.”

SGS Vietnam Ltd

2.6 Beneficiary’s certificate :

VIETNAM SOUTHERN FOOD CORPORATION JSC

333 TRAN HUNG DAO STREET, NGUYEN CU TRINH WARD, DISTRICT 1, HOCHIMINH

CITY, VIETNAMBENEFICIARY’S CERTIFICATE

333 TRAN HUNG DAO STREET, NGUYEN CU TRINHWARD, DISTRICT 1, HOCHIMINH CITY, VIETNAM

PIECIOLINII 5/26, WARSAW, MAZOWIECKIE, POLANDDESCRIPTION OF GOODS: 6,200.00 (SIX THOUSAND TWO HUNDRED ONLY)

METRIC TONS VIETNAMESE LONG GRAIN WHITE RICE10% BROKEN NEW CROP

NET EACH AT USD405.00 (US DOLLARS FOURHUNDRED AND FIVE ONLY) PER METRIC TON OF 1,000KGS NET

ETA DISCHARGE PORT: 9 – November – 2021

WE CONFIRM 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 ANDETA DISCHARGE PORT IN ONE ORIGINAL

FOR THE DIRECTOR

2.7 Shipment Advice:

VIETNAM SOUTHERN FOOD CORPORATION JSC

333 TRAN HUNG DAO, NGUYEN CU TRINH WARD, DISTRICT 1, HOCHIMINH CITY

SHIPMENT ADVICE

333 TRAN HUNG DAO, NGUYEN CU TRINH WARD, DISTRICT 1, HOCHIMINH CITY,VIETNAM

TEL: (84.28) 3848 7238 =>(028) 3837 0026

PIECIOLINII 5/26, WARSAW, MAZOWIECKIE, POLAND

USD405.00 (US DOLLARS FOUR HUNDRED AND FIVE ONLY) PER METRIC TON OF 1,000 KGSNET SHIPPED WEIGHT FOB (INCOTERMS 2020)

FOUR PERCENT EMPTY SPACE BAGS FREE OF CHARGE TO BEDELIVERED ALONG WITH THE SHIPMENT

TOTAL NUMBER OF BAGS: 6200

TOTAL GROSS WEIGHT:

TOTAL NET WEIGHT:

PORT OF LOADING: HOCHIMINH CITY PORT, VIETNAM

PORT OF DISCHARGE: GDYNIA, POLAND

2.8 Certificate of Origin:

1 Goods consigned from (Exporter’s business name,

address, country)

VIETNAM SOUTHERN FOOD CORPORATION JSC

333 TRAN HUNG DAO, NGUYEN CU TRINH WARD, DISTRICT 1,

HOCHIMINH CITY, VIETNAM

TEL: (84.28) 3848 7238 => (028) 3837 0026

Reference No

CERTIFICATE OF ORIGIN(Combined declaration and certificate)

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

BY SEA M/V SABRINA

UNDER B/L NO

DATED 2021/12/15

FROM HOCHIMINH CITY PORT, VIETNAM

6 Marks, numbers and kind of packages; description of

goods

6,200 METRIC TONS VIETNAMESE LONG GRAIN WHITE

RICE, 10% BROKEN, NEW CROP

Packing:

IN NEW POLYPROPYLENE BAGS WEIGHING 50 KGS NET

EACH AT USD405.00 (US DOLLARS FOUR HUNDRED AND

FIVE ONLY) PER METRIC TON OF 1,000 KGS NET SHIPPED

WEIGHT FOB (INCOTERMS 2020)

Marking: PERPEKTI

WE CERTIFY THAT GOODS ARE OF VIETNAMESE ORIGIN

CUSTOMS DECLARATION FOR EXPORT COMMODITIES

7 Gross weight orother quantity

Date2021/12/15

9 Certification

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

that the declaration by the exporter is correct

Place and date, signature and stamp of certifying

authority

10 Declaration by the exporterThe undersigned hereby declares that the abovedetails and statements are correct; that all the goodsare produced in Vietnam and that they comply withthe origin requirements specified for goodsexported to

POLAND(importing country)

Place and date, signature of authorised signatory