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I.ORGANIZING & PERFORMING AN EXPORT CONTRACTPerforming steps:Having a thorough grasp of and implement satisfactorily policies of State exporting management Export license application I

I ORGANIZING & PERFORMING AN EXPORT CONTRACT

Performing steps:

(Having a thorough grasp of and implement satisfactorily policies of State exporting

management)

 Export license application

 Initial work related to payment.

 Preparing source of goods for export

 Export goods inspection

 Clearing the goods for export

 Making a contract of carriage (if any)

 Making a contract of insurance (if any)

 Delivery the goods to carrier

 Forming a payment document

 Settling a claim (if any)

 Contract liquidation

Cụ thể:

Having a thorough grasp of and implement satisfactorily policies of State exporting management

Exporting merchants must satisfactorily implement the terms of legal current documents Accessing the pages as follows:

• State's website: www.chinhphu.vn

• Ministry of Industry & Trade's website:

• www.moit.gov.vn

• Ministry of Finance's website:

• www.mof.gov.vn

• General departure of Vietnam customs' website: www.customs.gov.vn

1 Export license application

- Subject to the government’s export controls in the certain period of time

- Refer: Decree on guidelines for the Law on Commerce and the Law on Foreign Trade Management No 69/2018/ND-CP

+ List of prohibited exports

+ List of exported or imported goods by designated traders

+ List of exported or imported goods requiring license

2 Initial work related to payment

+) Nếu đề cho thanh toán bằng L/C or D/C

Checking L/C (if payment by D/C)

Checking the true of L/C: relying on Advising bank to check SWIFT code of L/C

Checking carefully L/C content:

• Checking carefully every field of L/C

• Considering every field of L/C from every term of contract that had been signed before.

• Considering every requirement of L/C to suit within Seller's performing ability

• If YES, perform the next step

Nếu đề cho thanh toán bằng CAD

• Remind the buyer to open a Trust account

• Contact the bank to check payment terms

Nếu đề cho thanh toán bằng T/T

• Remind the buyer to make full payment

3 Preparing source of goods for export

Exporter can make the following modes to create source of goods for export:

• Organizing production, processing, aquaculture, catching, exploitation of source of goods for export

• Organizing purchase of goods for export

• Organizing an agent purchasing goods for export

• Organizing processing goods for export

• Organizing a joint venture, association for export

• Organizing mandated export

4 Export goods inspection

Before delivery, exporter obligates experiment and quarantine:

 Experiment: check the goods for quality, quantity, weight

 Quarantine: check the goods for ability to transmit disease and settle against epidemic diseases, insect (in case of exporting animal, plants and food)

Export goods inspection system is carried out in two levels:

 At grassroots level: Quarantine is carried out by Plant protection office or

Veterinary sub-department

 At border level: Quarantine is carried out by Plant protection department or

Veterinary department

Procedure:

 Documents: Foreign trade contract and Application for Inspection

 Exporting importing goods inspection companies check the goods for quality, quantity, weight and take a sample

 After having result, contemporary certificate of sanitary inspection is issued for exporter to clear the goods for export

 After B/L, official certificate of sanitary inspection is issued for export

5 Clearing the goods for export

 Declare to clear the goods for export

 Bring the goods to named place for examination by customs

 Making export duty (if any)

6 Making a contract of carriage (if any)

 Basis to define that exporter obligates to make a contract of carriage

→Incoterms that are incorporated into contract are: CPT, CIP, DPU, DAP, DDP, CFR and CIF

→ Contract has the term: Buyer asks Seller for making a contract of carriage

 Choose proper mode of charter:

→ Liner charter

→Tramp charter

→Time-tramp charter

7 Making a contract of insurance (if any)

 Basis to define that exporter obligates to make a contract of insurance

→Incoterms that are incorporated into contract are: CIP and CIF

→ Contract has the term: Buyer asks Seller for making a contract of insurance

→ Choose proper insurance contents:

→ Insurance condition

→Amount insured

→ Others

8 Delivery the goods to carrier

In case of container usage

Delivery in term of FCL

→ In case transportation right belongs to exporter (Trường hợp quyền vận chuyển thuộc về người xuất khẩu)

 Choose competitive shipping line and proper schedule

 Sending Booking Request

→ In case transportation right belongs to importer: (Trường hợp quyền vận chuyển thuộc về người nhập khẩu)

 Receiving Booking note

 Exporter contact agent for carrier at POL to receive empty container

 Stuffed and sealed

 Delivery container to agent for carrier at CY

 B/L is issued for exporter by agent for carrier at POL

Delivery in term of LCL

→ In case transportation right belongs to exporter:

 Choose competitive forwarding agent and proper schedule

 Sending Booking Request to Forwarder

→ In case transportation right belongs to importer:

 Receiving Booking confirmation

 Delivery shipment to Forwarder at CFS

 B/L is issued for exporter by agent for Forwarder at POL

9 Forming a payment document

 Payment by T/T: Seller forms and sends payment documents to Buyer

 Payment by other terms: Seller forms and sends payment documents to the import

bank

 Payment documents: elements and content must be suitable to Payment document required belonged to foreign trade contract or field 46A belonged to L/

C (in case payment by L/C)

10 Settling a claim (if any)

Basis to settle a claim:

 The law applies to contract

 Content of terms and conditions of contract

 Others

11 Contract liquidation

+ Time: After the performance of the contract  liquidate the contract.

+ Function: Record the completion of the work in the contract

+ Purpose: Aim to terminate the rights and obligations of the parties arising from the

contract

II ORGANIZING & PERFORMING AN IMPORT CONTRACT

(Having a thorough grasp of and implement satisfactorily policies of State importing management)

 Import license application

 Initial work related to settlement

 Making a contract of carriage (if any)

 Making a contract of insurance (if any)

 Clearing the goods for import

 Taking delivery the goods from carrier

 Testing quality, label and stamping importing goods (or Post inspection)

 Settling a claim (if any)

 Payment

 Contract liquidation

1 Import license application

- Subject to the government’s export controls in the certain period of time

- Refer: Decree on guidelines for the Law on Commerce and the Law on Foreign Trade Management No 69/2018/ND-CP

+ List of prohibited exports

+ List of exported or imported goods by designated traders

+ List of exported or imported goods requiring license

2 Initial work related to settlement

Nếu đề cho thanh toán bằng L/C, D/C

Opening L/C (if payment by D/C)

 Filling out and handing in application asking to open L/C

 Making a deposit to open L/C

Nếu đề cho thanh toán bằng CAD

Arrange to open trust account on time

Nếu đề cho thanh toán bằng T/T

Transfer the agreed amount of down payment to exporter

3 Making a contract of carriage (if any)

 Basis to define that importer obligates to make a contract of carriage

→Incoterms that are incorporated into contract are: EXW, FCA, FAS and FOB

→ Contract has the term: Seller asks Buyer for making a contract of carriage

 Choose proper mode of charter:

→ Liner charter

→ Tramp charter

→ Time-tramp charter

4 Making a contract of insurance (if any)

 Basis to define that importer should make a contract of insurance

→Incoterms that are incorporated into contract are: EXW, FCA, CPT, FÁS, FOB, CFR

→ Contract has the term: Seller asks Buyer for making a contract of insurance

→ Choose proper insurance contents:

→ Insurance condition

→ Amount insured

→ Others

5 Clearing the goods for import

 Declare to clear the goods for import

 Bring the goods to named place for examination by customs

 Making import duty (if any)

6 Taking delivery the goods from carrier

In case of container usage

Delivery in term of FCL

 Receiving Notice of Arrival

 Presenting Bill of lading to get Delivery Order (D/O or eD/O)

 Taking delivery the goods at CY after presenting D/O/eD/O and customs documents

Delivery in term of LCL

 Receiving Notice of Arrival

 Presenting Bill of lading to get Delivery Order (D/O or eD/O)

 Taking delivery the goods at CFS after presenting D/O/eD/O, Warehouse receipt and customs documents

7 Testing quality, label and stamping importing goods

 Quality testing

 Decision no 50/2006/QĐ-TTg dated 7th March 2006

 Labeling

→ Decree no 89/2006/ND/CP dated 30th August 2006 (clause 5)

 Stamping importing goods

→ according to Ministry of Finance's regulations

8 Settling a claim (if any)

 To damaged goods

→ Forming COR- Cargo Outturn Report

 To shortage of goods:

→ Forming ROROC - Report On Receipt Of Cargo

→ Forming CSC - Certificate of Short landed Cargo

9 Payment

 Payment by T/T: Buyer forms and sends Remittance order to Remitting bank.

 Payment by D/A: Buyer signs and sends accepted Bill of Exchange to Collecting bank

 Payment by D/P: Buyer forms and sends Remittance order to Collecting bank

 Payment by D/C: Issuing Bank signs accepted Bill of Exchange (L/C usance) or make payment (L/C at sight)

 Payment documents: elements and content must be suitable to Payment document required belonged to foreign trade contract or field 46A belonged to L/C (in case payment by L/C)

10 Contract liquidation

+ Time: After the performance of the contract  liquidate the contract.

+ Function: Record the completion of the work in the contract

+ Purpose: Aim to terminate the rights and obligations of the parties arising from the

contract