I.ORGANIZING & PERFORMING AN EXPORT CONTRACTPerforming steps:Having a thorough grasp of and implement satisfactorily policies of State exporting management Export license application I
Trang 1I.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 liquidationCụ 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 TradeManagement 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/CChecking L/C (if payment by D/C)
Checking the true of L/C: relying on Advising bank to check SWIFT code of L/CChecking carefully L/C content:
• Checking carefully every field of L/C.
Trang 2• 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 ofgoods 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 againstepidemic 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.
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 forexporter 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)
Trang 36 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 andCIF
→ 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 chuyểnthuộc 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 chuyểnthuộc 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
Trang 4→ 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
Payment documents: elements and content must be suitable to Paymentdocument 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
Trang 5II.ORGANIZING & PERFORMING AN IMPORT CONTRACT
(Having a thorough grasp of and implement satisfactorily policies of State importingmanagement)
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 liquidation1 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 ForeignTrade 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 settlementNếu đề cho thanh toán bằng L/C, D/COpening 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:
Trang 6→ 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 carrierIn 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 andcustoms documents
7 Testing quality, label and stamping importing goods
→ according to Ministry of Finance's regulations
8.Settling a claim (if any)
Trang 7 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 Collectingbank
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) ormake payment (L/C at sight)
Payment documents: elements and content must be suitable to Payment documentrequired belonged to foreign trade contract or field 46A belonged to L/C (in casepayment by L/C)