bài thuyết trình về những điều khoản trong một hợp đồng mua bán quốc tế. Qua bài thuyết trình sinh viên có thể trả lời được hai câu hỏi lớn về hợp đồng thương mại: Hợp đồng thương mại là gì? Bố cục của HĐTM Và trong HĐTN có bao nhiêu điều khoản và đâu là điều khoản chính. bài thuyết trình bằng tiếng anh chuyên ngành thương mại chính xác
TOPIC THE ARTICLES IN AN INTERNATIONAL BUSINESS CONTRACT LOGO QUESIONS What is an international business contract What is an international business contract and its disposition? and its disposition? How many articles in an international How many articles in an international business contract? What are main business contract? What are main articles? articles? LOGO INTERNATIONAL BUSINESS CONTRACT DEFINITION DEFINITION International business International business contract is an agreement contract is an agreement to perforn commercial to perforn commercial activities conducted activities conducted outside Vietnam in cases outside Vietnam in cases where the involved parties where the involved parties agree to this Law for agree to this Law for application, or where a application, or where a foreign law or a treaty to foreign law or a treaty to which Vietnam is a which Vietnam is a contracting party contracting party stipulates the application stipulates the application of this Law. of this Law. LOGO • Disposition of contract Disposition of contract CONTRACT No … Place, Date … Between: Name: … Address: … Tel: … Fax: … Email: … Represented by … Hereinafter called as the SELLER And: Name: … Address: … Tel: … Fax: … Email: … Represented by … Hereinafter called as the BUYER The SELLER has agreed to sell and the BUYER has agreed to buy the commodity under the terms and conditions provided in this contract as follows: Art.1: Commodity: Art.2: Quality: Art.3: Quantity: Art.4: Price: Art.5: Shipment: Art.6: Payment: Art.7: Packing and marking: Art.8: Warranty: Art.9: Inspection: Art.10: Force majeure: Art.11: Claim: Art.12: Arbitration: Art.13: Other terms and conditions: … (Loading terms/loading and discharging rate; Performance Bond, Insurance; Penalty) For the BUYER For the SELLER LOGO CONTENT OF THE ARTICLES Commodity 1 Quality/ Specification 2 Quantity/ weight 3 Shipment/ Delivery 4 Price 5 Settlement/payment 6 Packing - Marking 7 Document requirement 8 Penalty 9 Insurance 10 LOGO CONTENT OF THE ARTICLES Claim 11 Arbitration 12 Force Majeures 13 Inspection 14 Other Claus/Generalities 15 Termination of the contract Guarantee 16 Confidentiality 19 Patent right 20 21 Installation – Test run – Commissioning 18 Tranning 17 ặt LOGO ARTICLE 1 - COMMODITY Including the scientific Including the scientific name name Including local of Including local of manufacturer’s name. manufacturer’s name. Including name of Including name of manufacturer manufacturer Including specifications Including specifications of goods of goods Including uses’s goods Including uses’s goods Including Including Harmonized Harmonized System (HS) of goods System (HS) of goods Including trade name Including trade name Mix Mix Groundnut Kernels ( Groundnut Kernels ( scientific scientific name: name: Arachis Hypogea) Arachis Hypogea) Bat trang garamic, Phu Quoc Bat trang garamic, Phu Quoc Fish sauce,… Fish sauce,… Iphone, head and shoulder,… Iphone, head and shoulder,… Honda super cub custom C70 Honda super cub custom C70 CMR – IC CMR – IC 03049900 (Frozen ESO Surimi) 03049900 (Frozen ESO Surimi) Urea fertilizer Urea fertilizer Vietnamese white rice, long Vietnamese white rice, long grain, crop 2015, 5% broken grain, crop 2015, 5% broken LOGO ARTICLE 2: QUALITY/ SPECIFICATION As per sample As per sample Standard/catergory Standard/catergory As technical documents As technical documents As per contents As per contents As per natural weight As per natural weight Specification Specification As per description of goods As per description of goods As trademark As trademark As per vague criteria As per vague criteria As inspected and approved As inspected and approved As it sale/ tale quale As it sale/ tale quale Agricultural products, mineral, processed commodities, Process product Machine, accessories,… Agricultural products, mineral, medicament Cereal, seafoods, Machine, accessories carrier, electronic device,… Indescribable goods LOGO ARTICLE 2: QUALITY/ SPECIFICATION As per contents: As per contents: Fertilizer import contract Fertilizer import contract • Specification Specification • Nitrogen 46% min Nitrogen 46% min • Moiture 0.5% max Moiture 0.5% max • Biuret 1.0% max Biuret 1.0% max • Color: white Color: white LOGO ARTICLE 2: QUALITY/ SPECIFICATION As trademark As trademark • Instant coffee Trung Nguyen G7 Instant coffee Trung Nguyen G7 • Tiger beer Tiger beer [...]... Methods of packing supply Price of packing LOGO ARTICLE 7 – PACKING Packing’s quality The vague regulations The concrete regulations • Materials: corrugate, plastic, steel, wood… • Form: case/ box, bale, bag, package… • Size • Band, belt… Note: Packaging must to suit the transport vehicle LOGO ARTICLE 7 – PACKING Methods of packing supply The buyer supply packing concurred with shipment The buyer... More/less,From to… +About 10,000MT ~ 5% at the seller's option; +10,000MT + 5% at the seller's option; + from 9500 MT to 10500 MT at the seller's option LOGO ARTICLE 3 – QUANTITY/ WEIGHT Methods of regulations weight Gross weight: The total weight, including contents, packaging, etc Methods of regulations weight Net weight: The weight of the contents, not including any packaging, etc Net weight = Gross weight... specified in the contract Place of delivery according to Incoterms LOGO ARTICLE 4 - SHIPMENT/ DELIVERY Delivery method Transhipment (Allowed/ Not Allowed) Partial shipment/ Shipment by Instalment LOGO ARTICLE 4 - SHIPMENT/ DELIVERY LOGO Note of shipment The buyer notify to the seller: The name and number of ship, carrier name, place of delivery, delivery time… The seller notify to the buyer:... • Pay the money immidiately • Pay the money first • Pay the money later LOGO LOGO ARTICLE 6 – SETTLEMENT/ PAYMENT Methods of payment • • • • Cast payment Transfer Open account L/C LOGO ARTICLE 6 – SETTLEMENT/ PAYMENT Payment document • • • • Bill of Exchange Commercial Invoice Bill of Lading Insurance Policy/Insurance Certificate • Certificate of quality • Packing List ARTICLE 7 – PACKING Packing’s... SPECIFICATION Technical document The quality is pursuant to the technical document herein as attached which has been approved by the buyer and is an integral part of this contract LOGO ARTICLE 2: QUALITY/ SPECIFICATION Specification • • • • • • • • • • Mainboard ECS 845GV-M3 – Socket 478 CPU Intel Pentium 4 Processor – Socket 478 DDRAM 128MB – Bus 333 FDD 1.44MB HDD 40.0 GB Monitor 15 inch Samsung SyncMaster... quality are actually delivered, on handling on board, on the level B/L and the number of B/L … LOGO ARTICLE 5 – PRICE 1 Money of account Money of seller’s country Money of buyer’s country Money of third country USD, JPY, EUR… 2 3 Pricing method Fixed Price Flexible price Migratory price Rivesable price Sliding scale price Discount Simple discount rate Chain discount rate LOGO ARTICLE 6 – SETTLEMENT/... of quantity Methods of regulations weight Methods of regulations quantity LOGO ARTICLE 3 – QUANTITY/ WEIGHT LOGO Unit of quantity Unit: the, cases, boxes… Imperial/USA system • Metric system: KG, MT, LT, ST, grain, dram, pound… • inch, foot, yard, mile • square inch, square yard, acre… • gallon, bushel, barrel… • gross, set, dozen… ARTICLE 3 – QUANTITY/ WEIGHT Methods of regulations quantity Remember... belt… Note: Packaging must to suit the transport vehicle LOGO ARTICLE 7 – PACKING Methods of packing supply The buyer supply packing concurred with shipment The buyer supply packing to pack The seller supply Price of packing As price of goods With price of goods LOGO ... Methods of regulations weight Net weight: The weight of the contents, not including any packaging, etc Net weight = Gross weight - tare LOGO ARTICLE 3 – QUANTITY/ WEIGHT Methods of regulations weight Theoretical weight Trade weight 100 + WTC GTM = GTT X 100 + WTT LOGO LOGO ARTICLE 4 - SHIPMENT/ DELIVERY Time of shipment 1 Place of shipment 2 Delivery method 3 Note of shipment 4 ARTICLE 4 - SHIPMENT/ . many articles in an international How many articles in an international business contract? What are main business contract? What are main articles? articles? LOGO INTERNATIONAL BUSINESS CONTRACT DEFINITION DEFINITION International. TOPIC THE ARTICLES IN AN INTERNATIONAL BUSINESS CONTRACT LOGO QUESIONS What is an international business contract What is an international business contract and its disposition? and. right 20 21 Installation – Test run – Commissioning 18 Tranning 17 ặt LOGO ARTICLE 1 - COMMODITY Including the scientific Including the scientific name name Including local of Including local