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MINISTRY OF TRANSPORT MINISTRY OF EDUCATION VIETNAM MARINE UNIVERSITY ECONOMICS OF INTERNATIONAL TRADE ASSIGNMENT INTERNATIONAL FORWARDING AND TRANSPORTATION INSTRUCTOR : TRAN HAI VIET NAME OF STUDENT : PHAM THI THAM STUDENT CODE : 69589 CLASS GROUP : N03 HẢI PHÒNG – 2019 CONTENT INTRODUCTION CHAPTER 1: LAW AND THEORY .3 1.1.Law 1.1.1 National law .3 1.1.2 International law 1.2.Theory .6 1.2.1 Definition 1.2.2 Other definition .9 Chapter 2: Cargo and transport route 14 2.1 Cargo 14 2.1.1 Characteristics of cargo 14 2.1.2 Packing 15 2.1.3 Packing cargo in container .18 2.2 Transport route .19 2.2.1 Departure point and destination point 19 2.2.2 Route design 21 Chapter 3: IMPLEMENT FORWARDING PROCESS 22 3.1 Diagram 22 3.2 Describe each step of the process 24 3.3 Set up forwarding contract 32 CHAPTER 4: PROBLEM AND SOLUTION 37 4.1 Problems .37 4.2 Solutions .37 CONCLUSION .38 INTRODUCTION Along with the economic development, international trade and globalization, the exchange and purchase of goods between countries is becoming more and more active Once the buyer and the seller have signed the contract, the process of exchanging the goods takes place, ie the movement of goods from the seller to the buyer The forwarder will be responsible for ensuring that the shipment proceeds smoothly and that the goods are delivered to the purchaser safely, on time and on site From just doing some simple tasks such as loading and unloading, warehousing, paperwork, domestic transportation, payment for goods according to the development of time, due to the demand of real With the increasing role of forwarders, they have provided full package services for the transport and distribution of goods, becoming major carriers Moreover, today forwarders tend to become logistics service providers, a higher development of forwarding services In Vietnam, although the new forwarding service has only really grown over the last 10 years, progress has been made The opening up of the economy has led to the development of commercial activities, and trade with the countries is a precondition for the development of our forwarding industry Vietnam's forwarders have changed dramatically in terms of both quantity and quality, the scope of supply of products and services has also increased, and forwarding business has become a important dominant sector in our economy CHAPTER 1: LAW AND THEORY 1.1.Law 1.1.1 National law a Commercial law 2005 about logistics service: Article 233: Logistics service Article 234: Conditions about logistics service business Article 235: Rights and obligations of traders providing logistics services Article 236: Rights and obligations of customers Article 237: Exemption from liability for traders providing logistics services Article 238: Limitation of liability Article 239: Ownership and disposition Article 240: Rights and obligations of traders providing logistics services when owned goods b Maritime law 2005: From Article 74 to Article 97 has been stipulated about rights and obligations of carrier, responsibility of carrier and all contents related to documents in the process of ocean transport, time to complaint,… c Other related law Customs law of 2014 about customs brokerage, Road traffic Law 2015, Business Law 2005,… d Principles - Principle 140/2007/NĐ-CP 5/9/2007: Specify in detail the Commercial law on conditions of business logistics service and limitation of responsibility of traders This principle stipulated clearly about range and object of regulation, conditions of business; limitation of responsibility; State management of logistics service business - Principle 87/2009/NĐ-CP 29/10/2009 about multimodal transport - Principle 154/2005/NĐ-CP 15/12/2005 stipulated clearly about some article of Custom law No 29/2001/QH10 29/6/2001, Law amending and supplementing a number of articles of Custom law No 42/2005/QH11 14/6/2005 about custom procedures, customs inspection and supervision - Principle 187/2013/NĐ-CP of National Assembly: specify in detail about enforcing commercial law on international merchandise trade and agent activities of buying, selling, processing and transiting goods abroad - Principle 194/2010/TT-BTC 6/12/2010 Guide on customs procedures: import tax, export tax, tax administration of import/export goods - Principle 115/2007/NĐ-CP 05/07/2007 of National Assembly: Conditions of ocean transport business - Principle 172/2010/TT-BTC issued by Ministry of Finance stipulated the rates, the regime of remittance, management and use of charges and fees in the customs domain 1.1.2 International law a FIATA’s standard business conditions The association of member states of FIATA, based on the standard business conditions, drafts the standard business conditions for its own association In general, the standard business conditions of the countries have some main contents as follows: - The forwarder must carry out the assignment with due diligence and diligence as directed by the customer in order to protect the interests of the customer and consider it to be the interests of the forwarder itself - The forwarder is released from liability if the forwarder encounters difficulties arising not the fault or negligence of the forwarder and the forwarder can not be avoided after having taken the necessary measures to prevent and limit losses In any case, the forwarder is entitled to receive remuneration as agreed upon in the contract and the customer must pay all costs incurred in this situation - The forwarder performs the contract in accordance with the instructions of the customer If the instruction is inaccurate, incomplete or not in accordance with the contract, the forwarder will act in the manner that is most appropriate to the cost and risk the customer incurs - Unless otherwise agreed, the forwarder may not have to inform the customer of the arrangement for the carriage of goods above or below the deck and the selection or replacement of the means of transport, the route and the procedures in loading, unloading, storage and transportation of goods - In the course of performance of the contract, if the forwarder encounters difficulties arising not the fault or negligence of the forwarder and the forwarder can not be avoided after having taken the necessary measures to prevent and limit losses, The forwarder may waive the contract of carriage and, if possible, deliver the goods to the customer at the safest and most convenient location without being liable for his breach In any case, the forwarder is entitled to receive remuneration as agreed upon in the contract and the customer must pay all costs incurred in the situation b International maritime conventions - The 1924 Hague Rule and the Protocols 1968 and 1979 - Hamburg Rules 1978 - Rotterdam 2010 - International Convention on Multimodal Transport - Convention on the Contract for the International Carriage of Goods by Road (CMR – 1956) - The International Convention for the unification of certain rules relating to Bills of Lading (Hague - Visby) - United Nations Convention on the Carriage of Goods by Sea (Hamburg Rules 1978) - The 'United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea' (Rotterdam Rules) - UNCTAD/ICC 91: UNCTAD/ICC Rules about Multimodal transport (Forwarders and MTO voluntarily apply) - Framework Agreement of the ASEAN countries signed in Laos in 2005 (Vietnam has ratified the agreement on November 17, 2005) - Government Decree 87.89 of the multimodal transport 1.2.Theory 1.2.1 Definition a Forwarding FIATA defines: "Freight Forwarding and Logistic Services" means services of any kind relating to the carriage (performed by single mode or multimodal transport means), consolidation, storage, handling, packing or distribution of the Goods as well as ancillary and advisory services in connection therewith, including but not limited to customs and fiscal matters, declaring the Goods for official purposes, procuring insurance of the Goods and collecting or procuring payment or documents relating to the Goods Freight Forwarding Services also include logistical services with modern information and communication technology in connection with the carriage, handling or storage of the Goods, and de facto total supply chain management These services can be tailored to meet the flexible application of the services provided So that we can understand forwarding has the following characteristics: • Forwarding is an economic activity related to transport activities aimed at bringing goods to the destination safely • Forwarding is a service related to transportation but isn’t a transport party • Forwarding is a collection of operations related to the transport process, for the purpose of transporting goods from the place of dispatch to the place of receipt b Forwarder: a person or company that arranges shipping and customs documents for several shipments from different companies, putting them together to form one large shipment c Shipper: Consignor, exporter, or seller (who may be the same or different parties) named in the shipping documents as the party responsible for initiating a shipment, and who may also bear the freight cost d Carrier: Company that transports goods and/or people by air, land, or sea, in its own or chartered vessels or equipment, and is named as the carrier in the contract of carriage e A shipping line is a business that operates ships that it may or may not own That mean arrange the all movements from port to port , organizes all traffics navigation in sea ports f Forwarding process demonstrates the coordination between the parties involved, specially the role of forwarder at this process, to deliver the goods safely from the consignor to the consignee g FCL stands for "Full Container Load", which is used in the international shipping industry for the export and import of ocean freight The term is often used to describe an international maritime service designed for ocean freight shipments of goods that an exporter or importer uses exclusively of a shipping container (usually a 20ft or 40ft container) Freight containers by sea are usually loaded and stamped at the base and then transported by a combination of sea, rail and/or road to the final destination h CY – Container Yard is a place within a port or terminal where containers are stored before it is loaded on the ship in the case of exports or offloaded from the ship in the case of imports i LCL stands for "Less than Container Load," which means less than one container This term describes how the goods are transported when the owner of the goods does not have enough goods to cover the entire container, but needs to be paired with several lots of other owners At that time, the service company will combine multiple lots of goods (LCL) shipments, sorted, classified and packed into containers, and then arranged for shipment from the port of destination to the destination port Such combinations are called consolidation or consolidation j CFS – Container Freight Station: After arriving at the destination port, LCL cargo is taken to a container freight station (CFS) to be deconsolidated; after that, it’s loaded into a truck and transported to the final destination The CFS charges a fee for this deconsolidation service, based on the volume of the cargo k A container is any receptacle or enclosure for holding a product used in storage, packaging, and shipping Things kept inside of a container are protected by being inside of its structure The term is most frequently applied to devices made from materials that are durable and are usually at least partly rigid In transportation, container means a large cargo-carrying standard-sized container that can be loaded from one mode of transport to another 1.2.2 Other definition 1.2.2.1 Some main positions in Import-Export industry a International Sales • Forwarder offers freight and all in services (domestic trucking, fumigation, quarantine, phytosanitary, sanitation, clearance ) for the exporting company (export shipper) and importer (import consignee) and send the price, in order to reach the target of company • Work with Lines/NVOCCs to check the frequency, freight rates, charges and surcharges to inform customers, under pressure to cover all slots/sales targets with shipping lines in order to give good price from shipping line 10 If the shipment belongs to the category that requires export license, the exporter needs to ask before signing the contract This document will be sent to the forwarder to accompany the customs clearance Step 3: make a reservation and get an empty release order After receiving the cargo information, freight forwarding distance will be based on that to find the appropriate shipping line Forwarders will check the train schedules of many different carriers such as WANHAI, NYK, ZIM and compare the shipping rates of those shipping lines Next, the shipping company that fully meets the criteria: fast safety, reasonable freight will be chosen to transport goods, WANHAI shipping line that fully satisfies the above requirements should be selected Specifically, the delivery staff will send a booking request to WANHAI shipping agency in Hai Phong (TD Plaza building, Le Hong Phong, Ngo Quyen, Hai Phong) to make a reservation When the booking is successful, the shipping company will send the booking confirmation (emty release order) to the forwarder This empty container order contains the following information: Booking number, ship name port of loading, port of delivery, port of discharge Approve order of empty container closing time After having the emty release order of the shipping line, shipping staff will send this booking to customers so that they can arrange packing and export clearance procedures Step 4: prepare and check the export goods 26 Steel will be produced and packed in sufficient quantities at the exporter's warehouse After ensuring the goods are ready for export, the forwarder will bring the empty work to the export warehouse to pack the goods into containers When receiving an empty container at the shipping line, the delivery staff is responsible for checking the status of the container: the inside must be dry, the equipment is still working properly Step 5: pack the goods, sign the shipping code The packaging of goods needs to be strictly accurate, especially when packing in containers For this shipment - steel pipe, there is no need to pack too much packaging, but mainly only use steel straps to fasten the large rolled tubes, fastened at both ends Then line up directly onto the container without using additional pallets In order to prevent the goods from being pushed, additional wooden boards will be used to inserts inside and fix the steel bundles When packing, the symbols are indispensable, in this shipment, there is no need for too many symbols Step 6: buy insurance for the shipment The exporter is responsible for buying insurance for this shipment because the contract specifies the purchase and sale under CIF KOBE, JAPAN Under this insurance condition, if the policy does not specify which conditions to buy insurance, the insurance will be purchased under category C Step 7: customs clearance for shipments The delivery staff will perform customs declaration on the electronic customs declaration system from VNACCS Specifically, based on the set of documents including B / L, Commercial Invioce, Packing List to fill in the system Next, the system will return clearance results for the shipment, with flows 7.1 Thread 1: the shipment is cleared 27 Enterprises strictly comply with the provisions of the law on customs, exempt from checking document details and exempting from checking commodity details 7.2 Thread 2: the consignment needs to double check documents Customs inspection records, exemption from detailed inspection of goods If the shipment has no problems, the shipment will be taxed and cleared 7.3 Thread 3: the consignment needs to be inspected for both documents and consignments Customs checks document details and conducts detailed inspection of goods with the actual level of shipment inspection Detailed inspection of goods may be 5%, 10% or the whole shipment based on the type of goods and the reputation of the exporting enterprise Step 8: Clearance of customs yards The delivery staff takes a photo of the declaration and goes to Customs to liquidate export goods in Hai Phong for liquidation - The officer who carries the customs clearance form to the customs supervises the yard to record the number of containers / seals, ships / trips on the original declaration - Then, submit the declaration (photo and original for checking) at the liquidation room - Customs liquidation checked stamped confirmation and returned the original declaration Step 9: Submit the dossier to the customs office for the number of ships exported 28 Traditionally, in this step, the delivery staff will take the profile to the customs office for them to fill in, but now the forwarding companies may not need to go to the customs office to it website: eport.sp-itc.com.vn: Customers log in to the website: eport.sp-itc.com.vn with an activated account Customers declare export declaration on website: eport.sp-itc.com.vn with activated account including: Export Declaration Number Business Code Customs Code Date of the Declaration of Registration Customers check the status of the declaration and book entry Go to the Website and log in with an activated Account declaration by Container number (view all) Step 10: produce empty release order and pay cont The forwarder presents the empty release order to collect the empty container The shipment depends directly on the route and the port of shipment or in other words, some special containers are only used to transport exclusively for the routes The cargo or port has been notified by the container operator in writing Containers must always be in a clean condition and regularly checked for failure before delivery to customers Content of empty release order: • The name of the cargo owner • Clearly specify the container number for the type of empty container order that is unique and that for an empty container order not to identify you may not specify 29 • Quantity (type of container 20 'or 40') • Owner of container operation • Finally, the seal and signature required by law Shipping lines will also be required to pay an amount to prevent damage to the container This amount is called the cont bet Cont bets will depend on each shipping line but fluctuate around 1000 USD Step 11: Take containers to the port or yard to discharge goods on board When the driver takes the car to the wharf, the forwarder is responsible for entering the port to pay the fee and get an EIR- a record of the container lifting cost The content of EIR includes: Name of agency, consignee's name, ID card number, delivery order number, empty order or Booking Note number, validity period of the delivery order, issuing agency, date of issue Container information such as container number, size, type, status, weight, location, name of the vessel, voyage, shipping line, shipping company, owner, date of discharge, port of discharge, seal number, etc Details of the container status, indicated by marking the damaged location on the figure, marking the conventional code and notes Details of the delivery time, delivery plan, forklift number, the amount of containers lifted during delivery Step 12: ship to carrier, pay and receive MBL FWD make these payment below: - Ocean freight ( FOB not required) - Bill fee 30 - Seal fee - THC fee -Telex release fee (if customer needs to transfer to Surrender BL) After the vessel has run, the shipping lines will send the master bill of lading to the company's document department The documents department will give the master bill of lading to the operator to validate the actual export The operator shall submit the custom declaration and master bill of lading to the Customs Department so that the customs officer stamps the actual export validation Step 13: release HBL and Debit Note After the completion of customs clearance and entry to the office's document, the FWD must: Check and rearrange the documents into a complete set, the forwarder will return the documents back to the customer and the company also saved a set At the same time, there is a debit note, one for the customer and one for the company This includes: - Ocean freight - THC fee - Seal fee - Bill fee - Customs supervisory fee All these expenses will be a little bit higher than Shipping lines quotation for making profit and paid by the company to customers with VAT invoices Then the director signs and stamps the debit note The forwarder carries the entire documents along with the debit note to pay with the customer If it is freight prepaid, the documents staff will make a debit note to the customer 31 and forward it to the accounting department for debt collection Only when the shipper pays the freight and related charges (THC, B/L, seal, etc.), the documents staff issues the House bill of lading to them If it is freight collect, the documents staff will make the debit note to the consignee at the port of destination for collection, the consignor only pay the surcharge in Vietnam and receive the bill of lading After completing the export documents (HB/L, MB/L), the documents staff will send a description of the consignment shipment: Shipper/Consignee, ship name/port number, loading port/port of discharge, ETD/ETA (expected departure date), Number of BL (HB/L, MB/L), type of bill (surrender, Original, seaway bill ), contract, invoice, packing list and attached with The copy of HB/L, MB/L Step 14: send documents to customers to check and proceed with payment After goods are on board, documents will be sent back to the exporter to check and receive service charges The delivery staff will send the documents over to the importer so that they can proceed to get the goods Thus the work of the forwarding company is almost done 3.3 Set up forwarding contract CONTRACT FOR BULK CARGO TRANSPORTATION NO: DT-VNPC/2014/06-01 - Pursuant to the Civil Code of the Socialist Republic of Vietnam promulgated on June 27, 2005 - Pursuant to the Commercial Law of the Socialist Republic of Vietnam promulgated on June 27, 2005 - Based on the needs and abilities of each party Today, July 13, 2019 Our two parties include: 32 PARTY A: SILVER MOUNTAIN FREIGHT FORWARDING COMPANY Address: 05 khanh hoi Tower, Le Hong Phong,Ngo Quyen,Hai Phong Tel: 098465566 Tax Code Acount number: 446680790- VP bank Representative: Mrs.Lam -director PARTY B: COLOA MECHANICAL JOINT STOCK COMPANY (COLOAMEC) Address/ Địa : Group 22, Dong Anh Town District, Hanoi, VietNam Tel: 023456978 Tax Code: 0800342877 Acount number: 0341001761060 Ngân hàng Vietcombank chi nhánh Hải Phịng Representative: Mr/ Ơng: Mr.Hoang- director After carrying out the discussion, both parties have mutually agreed to sign the Contract for cargo transportation including the terms and condition as follows: Article 1: COMMODITY – QUANTITY – FREIGHT: - Kind of service: Transportation of bulk cargo - Kind of commodity, Quantity, Freight NO ROUTE KIND OF DESIGN GOODS NET AMOUNT WEIGHT OF MONEY (KG) (USD) 233,280 400.00 DATE OF DELIVERY DONG ANH, HA NOI TO HAI PHONG PIPE F34,L1800 PORT TOTAL VAT (10%) GRAND TOTAL (By word: US dollars four hundred and fourty 33 400.00 40 440.00 17/07/2019 Article 2: PAYMENT TERMS: Party B will pay the shipping fee to Party A by bank transfer once a month and pay on the 25th of the following month Article 3: EXPIRED DATE The contract period is from July 13, 2019 to August 18, 2019 If there is no problem, Party B will consider extending the contract (subject to negotiation) Article 4: RESPONSIBILITY OF THE PARTIES PARTY A: Responsible for transporting goods in accordance with the process and ensuring goods safety in accordance with the contract - Ensure the delivery and receipt of goods on time at the designated place by Party B - Responsible for, check and deliver the same quantity as the delivery slip to the customer (packing is sufficient) - In the course of transportation, if a failure, risk or loss occurs due to the fault of Party A, Party A shall be responsible for compensation for the damaged goods (except for force majeure cases as per Statutory) The compensation price will be the price written on the financial invoice issued by Party B to the customer PARTY B: Prepare goods, fully packed, ensuring the delivery of goods in the quantities specified on the delivery notes and sales invoices - Prepare all legal documents for goods transported (documents include: Original VAT invoice, copy of the invoice if the goods are shipped in large quantities, delivery notes to deliver to drivers) when goods are loaded onto a means of transport) - Be responsible for notifying transportation need for Party A day in advance - Is responsible for arranging personnel and necessary equipment to load goods onto Party A's means of transport at the point of loading and receiving goods to avoid wasting time when the means has to wait Article 5: GENERAL TERMS 34 - Both parties commit to comply with the terms of the contract All subsequent amendments to these terms are only valid when made in writing with the parties' confirmation - After Party A delivered all goods and Party B paid the whole amount according to red invoice This contract will be automatically liquidated - Other terms arising out of the contract will be established as an appendix and be considered an integral part of the contract The violating party will bear all responsibility before the law - During the time of contract performance, if there are any difficulties, the two parties must notify each other In case the two parties cannot reach an agreement, the matter will be referred to civil court for resolution The decision of the court will be final and binding - This contract is made in 02 copies in English and Vietnamese with the same legal value, each party keeps 01 copy FOR PARTY A FOR PARTY B 35 3.4 Costs No Cost Amount Receiver Trucking from 2.000.000 vnd Hoang Hai transportation Dong Anh, company Hanoi to Haiphong port Custom 50.000 vnd Custom department 350.000 vnd Terminal department 550.000vnd Terminal department 1.500.000.vnd WANHAI lines declaration Lift-on container fee Lift-off container fee Terminal Handling Charge (THC) Seal fee 170.000 vnd WANHAI lines Bill fee 835.000 vnd WANHAI lines Telex fee 835.000 vnd WANHAI lines Total 6.290.000 vnd 36 CHAPTER 4: PROBLEM AND SOLUTION 4.1 Problems Forwarding is gradually becoming a key industry in import-export activities, but up to now Vietnam is still behind compared to other countries in the region because there are still many unresolved issues such as: Using customs declaration software but not optimal, still using a lot of people who have not yet applied technological advances to their operations Paper vouchers are still most likely to lead to loss or damage The automatic customs declaration system is not really smart when the status of the illegal consignments is cleared 4.2 Solutions Measures should be taken quickly to bring the circulation of goods: Apply more technology to the steps of freight forwarding Documents need to be stored as well as transferred through applications, gradually eliminating paper records In order to minimize human resources, logistics operators need to learn more, one can take on many different roles 37 CONCLUSION To export shipments quickly, forwarders play an intermediary role in facilitating the process Therefore forwarders are becoming more and more important than ever With this steel shipment, I have learned many things, forwarding is a whole series of stitching activities that is important, it requires the freight forwarder to have knowledge, to be careful, then I will bring it High efficiency at work The delivery and delivery subject contains a lot of knowledge that is essential for each student to apply to work later Course plans are considered as the result of applying the knowledge that students have learned in a real shipment to bring about practical experiences, helping students not be confused 38 ANNEX NO DOCUMENT BILL OF LADING COMMERCIAL INVOICE PACKING LIST AN MANIFEST 39 ... Group 22, Dong Anh Town District, Hanoi, VietNam Tel: 023456978 Tax Code: 0800342877 Acount number: 0341001761060 Ngân hàng Vietcombank chi nhánh Hải Phịng Representative: Mr/ Ơng: Mr.Hoang-... and get an EIR- a record of the container lifting cost The content of EIR includes: Name of agency, consignee''s name, ID card number, delivery order number, empty order or Booking Note number, validity... Vietnam and receive the bill of lading After completing the export documents (HB/L, MB/L), the documents staff will send a description of the consignment shipment: Shipper/Consignee, ship name/port