ABC Trading Co, Vietnam seller and BT Co., Japan buyer agree the conditions and terms of sale contract with the following information: — Commodity: Coffee — Quantity: 200 MT more or less
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UEH UNIVERSITY COLLEGE OF BUSINESS FACULTY OF INTERNATIONAL BUSINESS - MARKETING
UEH
UNIVERSITY
FINAL EXAM SUBJECT: EXPORT & IMPORT MANAGEMENT
Instructor: Bùi Thanh Tráng
Class code: 23C1IBUS50307401
Classroom: B1-406
Student: Nguyễn Ngọc Châu Anh
Batch: K47 - Class: FTC0I
Student ID: 31211025796
Ho Chỉ Minh City, 3” December 2023
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Q1 Based on the above basic information and add relevant information, write the sale contract with complete and accuraf€ f€rTS 5 - 0 2222112122111 12 211111 rrưy 3 Q2 As seller, discuss in detail the procedure of the sales contract in Q1 7 Q3 Give an example of imported goods and discuss in detail the procedure of
Trang 3ABC Trading Co, Vietnam (seller) and BT Co., Japan (buyer) agree the conditions and terms of sale contract with the following information:
— Commodity: Coffee — Quantity: 200 MT more or less 5%
— Price: USD1,800/MT CIF Yokohama Port
— Payment: By L/C 60 day from Bill of Lading date
— The contract will come into force from December 17, 2023
Q1 Based on the above basic information and add relevant information, write the sale contract with complete and accurate terms
INTERNATIONAL SALE CONTRACT
No:
Date: December 17, 2023 BETWEEN
Party A: ABC Trading Co, Ltd (Vietnam)
Address:
Represented by:
Hereinafter referred to the Seller
Party B: BT Co, Ltd (Japan)
Address:
Represented by:
Hereinafter referred to the Buyer
Both parties have agreed to sign the contract with the following terms and conditions:
1 Commodity:
Trang 4Too long to read on your phone? Save to read later on your
- VIETNAM COFFEE ROBUSTA GRA COMpUter
- Origin: Dak-Lak, Vietnam
Unit price: USD 1,800/MT CIF Yokohama Port( INCOTERM 2010)
Total amount: USD 360,000 more or less 5%
Say Total: US Dollar thirty-six hundred thousand / 5% (five percent) more or less
on merchandise quantity shipped is acceptable
Payment:
Payment by irrevocable L/C 60 days from Bill of Lading date for 100% of the invoice value, in favor of the seller
Issuing bank: Tokyo Commercial Bank, Japan
Notifying bank: Vietcombank, HCM City, Vietnam
The following documents must be presented within 15 days after the date of shipment:
Commercial Invoice in three originals
Full set Bill of Lading marked Freight prepaid made out to order of Tokyo Commercial Bank
Certificate of Quality and Quantity in two copies
Packing List in two copies
Certificate of Origin form AANZFTA in two copies
Trang 5Certificate of Insurance in two copies
7 Delivery:
Term of delivery: Delivery of goods will be made CIF
Time of delivery: not later than January 7, 2024
Port of shipment: Saigon port
Port of destination: Yokohama port
Partial shipment: not allowed
Transshipment: not allowed
8 Inspection:
The Buyer will inspect the goods before shipment In the event of any physical damages to the packing or shortage of goods in comparison with Certificate of quantity and quality, B/L The Buyer shall appoimt an Independent International Survey Company to make the survey report on the field The survey report shall be an evidence for making claims
The Seller must be responsible for the replacement of shortage and damaged goods correctly Survey charges are covered by the Buyer
If the goods conform with the shipping documents, and are in good condition, the Buyer shall inform the Seller by facsimile within seven (07) working days after the receipt of goods
9 Penalty
To delay shipment: the penalty for delayed shipment will be 500 USD per
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To delay opening L/C: the Seller has the right to delay shipment
10 Insurance: will be covered by the Seller
Insurance policy or certificate m Duplicate for at least 110% of CIF invoice value and blank endorsed with claims payable at destination in the currency of the draft covering: Institue Cargo Clause(A) Institue War Clause( Cargo)
11 Force majeure:
Flood, fire, strike, or other labor disturbances, acts or omissions of government or other competent authorities, war declared or not, riot, civil commotion, sabotage, acts of god which may occur shall be considered as force majeure
The party that bears force majeure has to notify the other party of the force majeure cases by fax/telex within five (05) days upon the force majeure taking place Such force majeure cases, if any, must be certified by the Chamber of Commerce of the country concerned
12 Arbitration:
All disputes arising out of this contract or breach thereof which cannot be settled amicably by the parties concerned shall be settled by the International Arbitration Center in Vietnam The award of this organization shall be final and binding upon both parties
In the event of arbitration, the party against whom the award is made shall bear the entire costs of both parties to the action
13 General terms:
If any of the provisions in this contract is violated in part or whole, the aggrieved party shall formally inform the other party in writing to seek resolution
This contract will come into force from the signing date
This contract is made in four (04) copies in English Each party keeps two (02) copies of the contract having equal value
Trang 7FOR THE SELLER FOR THE BUYER Q2 As seller, discuss in detail the procedure of the sales contract in Q1
Export procedure between ABC Trading Co, Vietnam (seller) and BT Co., Japan (buyer)
2 Consider payment term
Firstly, BT Co., Ltd (Japan) applies for and opens an L/C with Tokyo Commercial Bank Secondly, Tokyo Commercial Bank issues the L/C and forwards it to Vietcombank Then, Vietcombank sends the L/C to ABC Trading Co., Ltd Now, ABC Co must check all of the contents of the L/C against the sales contract, including the following aspects: Parties: Ensure the parties involved in the sales contract and the L/C are accurately identified and correspond to each other
Goods: Verify that the description of the goods, including quantity, quality, and specifications, matches between the sales contract and the L/C
Price and Payment Terms: Confirm that the price and payment terms outlined in the sales contract align with those specified in the L/C Pay close attention to details like currency, payment methods, and timelines
Shipment and Delivery: Check that the shipment and delivery terms, including Incoterms, shipping instructions, and delivery dates, are consistent between the sales contract and the L/C
Trang 8Documents: Verify that the list of required documents, such as commercial invoices, packing lists, and certificates of origin, matches the sales contract and the LIC
Other Terms and Conditions: Review any additional terms and conditions, such
as insurance, dispute resolution, and force majeure clauses, to ensure they are consistent and aligned between the sales contract and the L/C
Discrepancies: If any discrepancies are found between the sales contract and the L/C, it's crucial to address them promptly to avoid potential delays, disputes, or non-payment issues
If the contents of L/c are similar to the sales contract
ABC Co will prepare to ship goods to the Carrier
Ifnot, ABC Co will have to inform BT Co to correct the L/c
3 Prepare goods for export
To fulfill the commitment in the export contract, export businesses need to carefully prepare export goods The process of preparing export goods is based on key factors such
as the signed export contract with the foreign partner and the L/C (if the contract requires payment by L/C) The work of preparing export goods includes:
m Contact suppliers of production materials
Prepare production materials
Production, inspection of finished products, storage
Packing exported goods
Coffee is stored in woven bags made of soaked jute or in specialized containers
The bag must be firmly woven and sewn, not loose, punctured or have broken threads when not containing, transporting, and preserving coffee The bag must be the same color, dry, clean, and have no strange odors
The mouth of the bag must be sewn closed with twine or made of non-metal
Trang 9materials to ensure durability and not break or break during storage and transportation
The average weight of each bag when tested is not less than 60 kg
If goods are shipped by container, the container size must match the standard size of the means of transport or according to the customer's request Containers must be tight and durable and not deformed during loading, unloading an transportation
The container is made of odorless material, has good moisture insulation and does not contaminate the coffee
5 Determine quantity and quality
6 Delivery time
4 Inspect goods
Before transporting a coffee lot, businesses must register for phytosanitary inspection for the exported coffee lot with the phytosanitary authority 2-3 days in advance
The phytosanitary inspection registration documents include:
Phytosanitary inspection registration form (in accordance with the sample) Packing list
Power of attorney for phytosanitary inspection procedures (if any)
Samples of the exported coffee lot
The phytosanitary inspection process is as follows:
Registration: The exporter submits the phytosanitary inspection registration documents to the phytosanitary authority and declares online on the National Single Window Portal
Sampling: The cargo owner must register for inspection at least 1-2 days before bringing the goods to the port The phytosanitary authority takes samples Samples can be inspected at the port or at the factory
Trang 105 Transportation contract
Because the incoterm in the contract is CIF, ABC Trading has to handle the main carriage Therefore, this corporation is obligated to contract with the transportation company to sign the contract relating to shipping
Step 1: Contact the shipping company or agent to get a booking
Step 2: Take the booking to the shipping company's office to approve the empty container order (usually this office is located under the port) Will issue seal + packing list container
Step 3: Take the approved booking and order to the port or container issuer to pay, please take the empty container to the warehouse for packing
Step 4: Then take the order to issue an empty container to the Dispatch Department to
request an empty container
Step 5: Bring the tractor in to pick up the container and transport it to the warehouse for packing
Step 6: Finish packing the goods and pull them to the port to unload the container
6 Insurance contract
Under CIF terms, ABC Co Trading is responsible for insuring the goods for at least 110% of their value as specified in the sales contract The msurance coverage should extend until the goods have been delivered to Yokohama Port ABC Co Trading bears
Trang 11Customers purchasing export cargo insurance need to fill out all information in the document or insurance request form
Customers purchasing export cargo insurance send a document or insurance request to the insurance provider
Documents or requests for import and export cargo insurance can be sent by fax
or courier to the surance provider
The company providing import and export cargo insurance sends cargo insurance
contracts to insurance customers
Customers who purchase import and export goods insurance will sign a confirmation after reviewing the specific terms in the insurance contract
The insurance company sends a statement of insurance premiums for imported and exported goods to insurance customers
Customers who buy insurance (ABC Co Trading) pay insurance fees for imported and exported goods
Be cleared customs procedures
Step 1: Prepare documents related to exported shipments
The company should prepare the set of export documents including documents such as: Sale Contract (Foreign trade contract)
Commercial Invoice (Commercial Invoice)
Packing list (Goods packing slip)
Phytosanitary certificate
Certificate of Origin
Booking note - This is the recording of the cargo owner's shipping company
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reservation to transport goods
The receipt confirms that the container has been landed at the port
Other types of licenses depend on the exported goods
Step 2; Obtain the UCR- Unique Consignment Reference for the goods
Obtain the UCR- Unique Consignment Reference for export declarations without bills of lading in the following ways:
Log in to ECUSS software (for applied ports) according to these steps: HQ declaration-> additional declaration-> register for goods identification number (or
in the bill of lading number box of the export declaration)
Log in to the public service page:_https://pus.customs.gov.vn
In case, ABC co Trading does not have a digital signature, it needs to prepare a digital signature and register with the Customs office ABC Co Trading can also authorize a customs clearance agent to represent them in carrying out export procedures
Step 3: Declare customs information
Through VNACC/VCIS Customs declaration software; ABC Co Trading can declare information on export declarations and submit customs declarations, along with documents in customs records through the VNACCS System
Step 4: The system implements the export customs declaration classification process
The customs declarant at this step goes through the VNACCS/VCIS System to receive the system's feedback on the channeling results, which can belong to one of the following streams:
Green Lane
Once, the software has resolved the mildest cases ABC Co Trading just needs to go to the customs supervision agency to submit documents such as:
1 Equipment Interchange Receipt
2 Sheet with barcode (printed from the website of the General Department of Customs)