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0% found this document useful (0 votes)
6 views19 pages

Vip-Ôn Thi Ck+tổng Quan NVNT

nvnt Uef hcmc

Uploaded by

Đan Thư
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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You are on page 1/ 19

NGHIỆP VỤ NGOẠI THƯƠNG - UEF

ÔN TẬP NGHIỆP VỤ NGOẠI THƯƠNG

Mục lục
Đầu tiên là học thuộc nằm lòng 20 câu ôn tập....................................................................... 2
1. What are the purpose and scope of incoterm 2020?........................................................ 2
2. What are some common misconceptions(sai lam) about Incoterms? When choosing a
rule in incoterms 2020, which issues should be considered by contracting parties? ............... 2
3. Point out the similarities and differences in seller’s and buyer’s obligations in CIF and CIP
rules under incoterm 2020. ..................................................................................................... 3
4. Point out the similarities and differences in seller’s and buyer’s obligations in FOB and
FCA rules under incoterm 2020. ............................................................................................. 3
5. Point out the similarities and differences in seller’s and buyer’s obligations in DPU and
DDP rules under incoterm 2020.............................................................................................. 4
6. Point out the similarities and differences in seller’s and buyer’s obligations in CIP and
FCA rules under incoterm 2020. ............................................................................................. 4
7. What is a commercial invoice? Subject to UCP 600, what provisions are required for a
commercial invoice? ............................................................................................................... 5
8. What is a certificate of origin (C/O )? What is the significance of C/O ? ........................... 6
9. What is a Bill of lading ? What are the functions of B/L? .................................................. 6
10. What is “To order a bill of lading”? What is a “clean and claused bill of lading”? .......... 6
11. What is an Airway bill? What is the importance of an Airway bill .................................. 7
12. What is the bill of exchange? What are the features of the bill of exchange? ............... 7
13. What is payment by open account? What are the risks for the exporter if he accepts
payment by open account?..................................................................................................... 7
16. What is payment by documentary credit? Why is it said this method can guarantee the
rights of sellers and buyers against documents? .................................................................... 8
17. Specify the main procedures of payment by Documentary credit (LC) ......................... 9
18. What are the main contents of contracts under Article 402 Civil Law 2005? ...............10
Này là đề sẽ hỏi: ..................................................................................................................10
19. Present the importing process in performing an international sales contract by an
exporter. ................................................................................................................................11
20. Present the exporting process in performing an international sales contract by an
exporter. ................................................................................................................................11
Tiếp theo là ôn tập lại Incoterm 2020 với 11 nhóm điều khoản ...........................................13
Tiếp theo là các điều khoản trong sale contract ...................................................................15
Commodity...........................................................................................................................15

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Quantity................................................................................................................................15
Quality ..................................................................................................................................15
Price .....................................................................................................................................15
Delivery/Shipment ...............................................................................................................15
Packing & marking: .............................................................................................................16
Payment ...............................................................................................................................16
Tiếp nữa là viết Bill of exchange, Promissory note(này ít cho) ...........................................17
Xong rồi ôn mấy thứ khác (có thể xuất hiện trong đề nha) .................................................18
Coi các loại LC.....................................................................................................................18
Các form CO : ......................................................................................................................18
1. What is a Packing List? Describe the necessary information in the Packing List?...........18
2. What is Received for Shipment B/L? What is clean On Board Shipped B/L? ..................18
3. What is payment by clean document? What is payment by documentary collection?
Which method of payment is more secure for a seller” clear or documentary collection? Why
..............................................................................................................................................19

Đầu tiên là học thuộc nằm lòng 20 câu ôn tập


1. What are the purpose and scope of incoterm 2020?
- Purpose:
+ To prove a set of international rules for the interpretation of the trade terms in
the foreign trade
+ To avoid possible misunderstanding or interpretation of the terms used in
delivery
- Scope of Incoterm:
+ Obligations: limited to matters relating to the rights and obligations of the
parties to the contract of sale
+ Risk: where risk transfer from seller to buyer
+ Cost: who is responsible for the cost of transport, loading & unloading…
+ It is used for tangible goods, not for intangible goods.
2. What are some common misconceptions(sai lam) about Incoterms? When
choosing a rule in incoterms 2020, which issues should be considered by
contracting parties?
* Misconceptions about Incoterm:

- it only apply to the contract of carriage

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- It deal with all the duties in an international sale contract, and therefore, it
cannot stipulated in the sale contract that all the matters not clearly expressed in
the contract shall be dealt with by incoterm 2000

*Issues should be considered:


A trade term will be chosen by the parties if it brings them convenience and takes
them lower cost.
The uses of particular term depends upon the following issues:
- correlation between the seller and buyer
- nature of the goods
- custom of trade
- mode of trade
3. Point out the similarities and differences in seller’s and buyer’s obligations in CIF
and CIP rules under incoterm 2020.
*Similarities:
- contracting for carriage: seller
- main carriage: seller
- loading cost: seller
Unloading cost: buyer if such cost is not include in a carriage contract
*Differences:

CIF CIP
Mean of transport Sea or inland waterway Any or multimodal

Insurrane Cargo clause C Cargo clause A


Risk transfer When the goods are When the goods are
placed on board the delivered to first carrier
vessel at the port of
shipment

4. Point out the similarities and differences in seller’s and buyer’s obligations in FOB
and FCA rules under incoterm 2020.
*Similarities:
- Contracting for carriage: buyer
- Main carrier: buyer
- unloading cost: buyer
*Differences:

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FOB FCA

Mean of transport Sea or inland waterway Any or multimodals


Loading cost seller Seller if the place of
delivery is at the seller
premises
Buyer if the place of
delivery is not at the
seller premises

Risk transfer When goods are placed When goods are


on board the vessel at delivered to the first
the port of shipment carrier / at seller’s
premises

5. Point out the similarities and differences in seller’s and buyer’s obligations in
DPU and DDP rules under incoterm 2020.
*Similarities:
- Contracting of carriage: seller
- main carriage: seller
- loading cost: seller
- means of transport: any / multimodels
*Differences:

DPU DDP

Risk transfer When goods are When goods at


unloaded at the transportation to
destinations in importing destinations ready for
country unloading at the named
place of destination

Unloading cost seller buyer

6. Point out the similarities and differences in seller’s and buyer’s obligations in CIP
and FCA rules under incoterm 2020.
*Similarities:
- Means of transport: any or multimodal

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- Unloading cost: buyer


*Differences:

CIP FCA

Risk transfer When the goods delivery At the seller’s premises


to the first carrier or when goods loaded
vehicle nominated
Main carrier Seller Buyer

Contract for carriage Seller Buyer

Loading cost Seller Buyer


Seller if goods delivery in
seller’s premises

Nay thay doc choi choi


7. What is a commercial invoice? Subject to UCP 600, what provisions are required
for a commercial invoice?
*Definition:
- Commercial invoice is a document that gives details and value of the goods to be sold.
- It is made out by the seller.
- There is no fixed or compulsory form of the invoice. Each company has its own form.

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(- Its main content includes the seller, the buyer, invoice No., date of the invoice,
description of the goods, marking, unit price, terms of delivery and payment, signature)
can do not write hahaha
*Provisions are required subject to UCP 600:
- Must appear to have been issued by the beneficiary
- Must be made out in the name of the applicant for the LC
- Must be made out in the same currency as the LC
- Needn’t be signed
- The descriptions of the goods must be in correspondence with those in the credit.
8. What is a certificate of origin (C/O )? What is the significance of C/O ?
*Definition:
Is a document on the origin of the goods, signed and confirmed by an authorized
agency in the exporter’s country.
*Significance of C/O :
- is required for availing concession under CWP as well as GSP
- it is used to get preferential tariff for importers
- it facilitates the importer to adhere to the regulations of his country.
9. What is a Bill of lading ? What are the functions of B/L?
*Definition:
- Issued by the shipping company or their agent or forwarder to acknowledge the
receipt of cargo on board
- Is a commitment to the same condition of goods when delivered and when
received.
*Functions:
- It’s a document of title to the goods
- As receipt from the carrier
- As a contract of carriage of goods
10. What is “To order a bill of lading”? What is a “clean and claused bill of lading”?
*To order bill of lading:
- BL is issued to the order of a specified person.
- Is negotiable BL so can transfer by endorsement.
*Clean bill of lading:
- it implies that there has been no defect in the order or conditions of goods at the
time of receipt or shipment of goods by carrier
*Clause bill of lading: (or unclean bill of lading)
It shows that the BL is qualified which expressly declares a defective condition of
goods.

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11. What is an Airway bill? What is the importance of an Airway bill


*Definitions:
- Airway bill is a receipt issued by an airline for the carriage of goods
- It is also called the Air Consignment Note.
- not a document of title of the goods.
- not issued in negotiable forms
*Importance of AWB:
- It’s a contract of carriage of goods between the shipper and the airline of his
agent
- It’s acts as a customs declaration form
- It contains details of freight and so works as a freight bill.
12. What is the bill of exchange? What are the features of the bill of exchange?
*Definition:
Is an unconditional order for payment drawn on drawee by a drawer requesting the drawee
to pay at sight or after sight a certain amount to a beneficiary.
*Features:
- in writing and dated
- must contain an order to pay a certain sum of money
- the order must be unconditional
- must be payable to a definite person or to his order or to the bearer
- in specified period
- one language is used

13. What is payment by open account? What are the risks for the exporter if he
accepts payment by open account?
*Definition:
Is an arrangement in which the seller will ship the goods to the buyer and the
payment will be made after a certain period of time or when a credit limit is
reached.
*Risk for the exporter:
+ Importer can received cargo without having assurance of payment
+ Seller’s own capital is tied up until the goods are received.

14. What is payment by collection? Present the procedures of payment by clean


collection.
*Definition:

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Collection is a method of effecting payment, under which a seller or his/her bank, in


pursuant of the seller’s instruction, collects payment from the buyer by presenting drafts to
the buyer with or without accompanying commercial documents.
*Procedures:
Step 1: Exporter sends goods and commercial documents to the Importer.
- Step 2: Exporter draws a draft/ B/E and collection instruction to ask the Remitting bank
to help collect the money.
- Step 3: Remitting bank sends a draft/ B/E and collection instruction to Collecting bank.
- Step 4: Collecting bank asks Importer for payment.
- Step 5: Importer makes payment for documents.
- Step 6: Send the signed B/E or refusal to the exporter.
- Step 7: The bank shall send the result of collection to the exporter. It may be a signed B/E
or a refusal.

15. Present the procedures of payment by documentary collection.


- Step 1: Exporter sends the goods to Importer.
- Step 2: Exporter draws B/E, a collection instruction and a set of commercial documents
to ask the collecting bank to collect the money.
- Step 3: Remitting bank sends the B/E, collection instruction, the set of commercial
documents to Collecting (Presenting) bank to ask to collect the money from the Importer.
- Step 4: The Collecting bank presents the B/E, collection instruction to the Importer to ask
for payment.
- Step 5: Importer makes payment against B/E to get documents.
(1) DP: Importer signs B/E, makes immediate payment against sight B/E
(2) DA: Importer signs B/E, makes deferred payment against after sight B/E
- Step 6: Collecting sends the signed B/E and funds to the Remitting Bank.
- Step 7: Remitting bank notifies Exporter the availability of funds in his account.

16. What is payment by documentary credit? Why is it said this method can
guarantee the rights of sellers and buyers against documents?

*Definition:

- It is a method of payment made through banks against documents.


- It is used to guarantee
+ seller’s right of getting payment against documents

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NGHIỆP VỤ NGOẠI THƯƠNG - UEF

+ buyer’s right of getting the goods in accordance with documents.


- Legal source: UCP 600-ICC
*Because:

+ For the seller: it ensures that sellers will receive payment for goods that have been
properly shipped. Prevent the case that sellers lose possession when buyers don’t make
the payment.

+ For the buyer: ensures that the buyer won’t have to pay for the goods unless the
presented documents are in full compliance with the letter of credit. Prevent the case that
buyers pay for goods that are not quality as they signed

17. Specify the main procedures of payment by Documentary credit (LC)

- Step 1: International sales contract signed with payment by letter of credit.

- Step 2: Based on the signed contract, the importer applies to open an L/C at the issuing
bank.

- Step 3: If the application is qualified, the issuing bank opens an L/C on the basis of
this application, sends the L/C to the advising bank and asks the bank to advise the
beneficiary.

- Step 4: The advising bank sends the L/C to the beneficiary.

- Step 5: The beneficiary checks all the terms and conditions in the L/C. If all is
acceptable, the beneficiary makes delivery of the goods. If there is any term or condition
unacceptable, the beneficiary shall ask the applicant to amend until all is acceptable to
deliver the goods.

- Step 6: After delivering the goods, the beneficiary prepares the documents as
stipulated in the L/C, and submits to the bank for payment.

- Step 7: The issuing bank shall check the documents to make sure that they are in strict
compliance with the L/C requirements. If the set of documents are perfect, the bank shall
inform the relevant parties of its payment decision. If the set of documents are not
perfect, the bank shall inform the relevant parties of its payment refusal.

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- Step 8: The issuing bank releases the documents to the applicant so that he can contact
the carrier to take delivery of the goods. The applicant only accepts the documents if they
are in strict compliance with the L/C requirements. Or else, he can refuse the documents.

- Step 9: The beneficiary completes all of the payment obligations with the bank, if any.

18. What are the main contents of contracts under Article 402 Civil Law 2005?

Depending on each type of contract, the parties may agree on the following contents:

- 1 . Object of the contract ( which is a property to be handed over, or a task to be


performed or not to be performed;) khỏi ghi cũng đc nhớ gì nổi

- 2. Quantity and quality;

- 3. Price and mode of payment;

- 4. Time limit, place and mode of performing the contract;

- 5. Rights and obligations of the parties;

- 6. Liability for breach of contract;

- 7. Sanction against breach of contract;

- 8. Other contents.

Này là đề sẽ hỏi:

An international sale contract usually consists of presentation ,terms and conditions and
closing.

*Presentation:
- title

- contract no

- place and date of entry into the contract are written

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- name and address of the parties

- definitions

- the background of the contract

*Term and conditions:

- commodity

- finance term

- delivery term

- legal term

*Closing:

- number of the contract

- contract language

- validity of the contract

- authorized signatures of parties

19. Present the importing process in performing an international sales contract


by an exporter.
- Step 1: Ask for import license
- Step 2: take professional operations relating to international payment
- Step 3: prepare storage warehouse to take delivery
- Step 4: contract for carriage and insurance
- Step 5: carry out customs formalities
- Step 6: take delivery and check goods
- Step 7: make payment for the goods
- Step 8: make claim (if any)

20. Present the exporting process in performing an international sales contract


by an exporter.
- Step 1: ask for export license

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- Step 2: remind the buyer to take professional operations relating to international


payment.
- Step 3: prepare the goods
- Step 4: contract for carriage and insurance
- Step 5: carry out customs formalities
- Step 6: make delivery
- Step 7:prepare shipping documents, present the documents to ask for payment
- Step 8: deal will claim (if any)

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Tiếp theo là ôn tập lại Incoterm 2020 với 11 nhóm điều khoản

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EXW = Giá xuất xưởng + CP bao bì, đóng gói + CP bốc xếp tại xưởng + CP vận giám định +
CP kiểm dịch thực vật + CP khử trùng
FCA = EXW + stuff + customs clearance + inland transport
FAS = FCA + unstuff
FOB = FAS + load = FCA + THC (export) + tax (export)
CFR = FOB + F
CIF = (FOB + F)/(1 – R)
CPT = FCA + F + THC (export) + THC (import) + tax (export)
CIP = FCA + F + THC (export) + THC (import) + tax (export)
DPU = CIF + customs clearance (import) + THC (import) + unloaded + inland transport
DAP = CIF + customs clearance (import) + THC (import) + inland transport
DDP = CIF + customs clearance (import) + THC (import) + tax (import) + inland transport

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Tiếp theo là các điều khoản trong sale contract


https://docs.google.com/document/d/1zWlYU_97xdzMXj4_DSHItvTf_cj6rMWu/edit?usp=sharing
&ouid=105021852373107976025&rtpof=true&sd=true
Commodity
Ex: Long grain white rice, crop 2022, Vietnam

Nếu là sản phẩm nông nghiệp


- name + ten khoa hoc
- name + origin
- name + main specification (ure fertilizer , nitrogen 466 )
- name + HS code
- name + brand name
- name + usage ( butter for cream cake)

Nếu là sản phẩm công nghiệp


- Name + brand name
- name + manufacturer’s name
- name + main specification

Quantity
… MT, …% more or less at seller’s option / buyer’s option

Quality
1 la dua theo de
2 la theo form sau:
In accordance with TCVN …(or ISO…)
As a sample submitted by the seller on date…, signed and sealed by both parties ,
No…each of the parties keep one. The sample is made in triplicate with equivalent value
, kept by A, B , Vinacontrol. The sample is an integral of this contract.

Price
- Unit price: USD 20/MT FOB Cai Mep Port, Vietnam incoterm 2020
- Total amount: …
- Say or in word: ….

Delivery/Shipment
- Time of delivery: fixed on date …/ within or no later than …/ upon charter space or LC
date

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- Term of delivery
- Port of loading
- Port of unloading
- Partial shipment : thuong la not allowed
- Transhipment: thuong la allowed
- Notice of shipment: within 2 days after the sailing date of caring vessel to ‘nuoc nhap
khau’, the seller notify by cable on fax to the buyer the following information:
+ Name and nationality of the vessel
+ Status of delivery (ETA, ETD)
+ LC number and date
+ BL number and date

Packing & marking:


- Packing: thuong dua theo de ma viet
- Marking:
+ Net weight
+ Gross weight
+ Signal : use no hook / handle with care/ do not stack/ toxic/ keep dry…

Payment
*By Letter of credit:
- Payment shall be made by irrevocable LC payable at sight in favor of the seller, in
USD. Expiry date of …
- Advising bank
- Issuing bank
- Document required: the following documents shall be made in triplicate unless other
stated:
+ Signed commercial invoice
+ Clean shipping on board bill of lading
+ Certificate of origin : 1 original and 2 copies issued by chamber of commerce and
industry
+ certificate of quality and quantity issued by Vinacontrol
+ Packing list
+ Phytasanitary and fumigation certificate
*In advance (TT)
The buyer must pay 100% of invoice value in advance to the seller’s account no … at
bank…

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*By documentary collection (DA,DP)


Payment shall be made by DA/DP , expired date of …
Payment by documentary collection shall be subject to the uniform rules for collections
published by ICC.

Tiếp nữa là viết Bill of exchange, Promissory note(này ít cho)

BILL OF EXCHANGE
No: XK2089
Vietnam, June 28th , 2022
For: USD 108,000.00
At 60 days after shipment date of the first Bill of Exchange (Second of the same tenor
and date being unpaid). Pay to the order of VietNam Joint Stock Commercial Bank For
Industry and Trade (VietinBank), Ho Chi Minh City Brand. The sum of US dollars one
hundred and eight thousand only.
Drawn under: Commercial Invoice No.NN1120, June 25th, 2022.
To: Chori Co., Ltd. … PHUONG NAM GARMENT TRADING IMPORT
18 Phan Huy Ich Street,…
(Signed)

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Xong rồi ôn mấy thứ khác (có thể xuất hiện trong đề nha)

Coi các loại LC


Tốt cho người mua (giảm dần): TT trả sau, DA, LC, DP, TT trả trước (buyer)
B/L gốc có 3 bản gốc (Vì nếu ko đủ bản gốc người bán có thể bán lại người khác, người
mua ko nhận được hàng – B/L chứng minh quyền sở hữu hàng hóa)

What is the kind of letter of credit which sponsors an exporter?


=> Answer: Red clause L/C

Các form CO :
- A: đc hưởng ưu đãi
- B : ko được hưởng
- D: dùng trong Asean
- E: asean với TQ
- S: vietnam với lào
- …

1. What is a Packing List? Describe the necessary information in the Packing List?

- Definition: it is a list of all the items in a package and it is for the buyer to
check the quantity

- Necessary information in Packing List:

+ Specific descriptions on the packing of the goods, including quantity of bags,


packing materials, weight, measurements and marks

2. What is Received for Shipment B/L? What is clean On Board Shipped B/L?

- Received for Shipment B/L: A shipping company issues it when goods have been
given to the custody of the shipping company, but they have not been placed on board.

- Clean On Board Shipped B/L: The shipping company certifies that the cargo has
been received on board the ship

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3. What is payment by clean document? What is payment by documentary collection?


Which method of payment is more secure for a seller” clear or documentary collection?
Why

- Clean document: it is a collection without documents

- Documentary collection: it is a collection with documents

- Method of payment is more secure for a seller: documentary collection

+ Because under payment by documentary collection, the seller send the


shipping documents to the bank and the buyer can get the documents only when
he has paid or accepted the Bill of Exchange (draft)

+ Under payment by clean collection, the seller sends the goods and the shipping
documents to the buyer, and the buyer can receive the goods without payment
because the buyer already has documents, so this method of payment is very
risky.

ROBERT NGUYỄN – CHUYÊN KÈM 1-1, TÀI LIỆU NGÀNH KDQT

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