Nguyen Thi Phuong Thao, MSc.
CHAPTER CONTENT
Export contract implementation procedures
Import contract implementation procedures
Documentation
Export procedures
□ Assumption:
Contract has been signed, in which:
- Terms of delivery: CIF, Incoterms 2020
- Cargo: bulk (not containerized)
- Payment: by irrevocable L/C
EXPORT PROCEDURES
1. Ask the buyer to open an L/C
2. Apply for license and other export formalities
3. Prepare export commodities
4. Arrange carriage
5. Apply for pre-shipment inspection
6. Purchase cargo insurance
7. Implement export customs clearance
8. Deliver goods to carrier
9. Prepare documents and receive payment
10. Claim and resolve dispute
1. Require importer to open L/C
Example contract’s payment term:
Acceptable letter of credit to be issued in favor of the seller
within 7 days from the date of the contract accepted by the
buyer. The seller has option to ask for amendment within 3
days of the receipt of original letter of credit.
Urge importer to issue L/C according to sales contract
Check draft L/C => check L/C
Checklist for reviewing L/C (important fields)
40A: Form of documentary credit
31D: Date and place of expiry
Relevant parties – 52A Issuing bank, 57D Advising through bank, 50 Applicant, 59 Beneficiary
32B: Currency code, amount
41D: Available with …. By….
42C: Drafts at …
44C: Latest date of shipment
45A: Description of goods and services
31D Date and place of expiry
46A: Documents required
47A: Additional conditions
Request for L/C amendment if necessary
2. Applying for export license (if needed)
LIST OF EXPORTED OR ANNEX III DECREE 69/2018/ND-CP
IMPORTED GOODS REQUIRING
LICENSES OR UNDER GIVEN
CONDITIONS
Collecting goods
3. PREPARING
Packing
EXPORT GOODS
Marking
3. Preparing export goods
Collecting/ producing/ processing goods
Based on?
Preliminary quality inspection
Packing & marking
Packing/ packaging in conformity with
Contract stipulations
Nature of the commodity
Mode of transport, weather
Regulations of the import country
Saving packaging materials & utilizing container’s space
Marking according to
Contract stipulations
Regulations of the import country
4. Arrange carriage
- Using freight forwarding service
- Contract with NVOCC (non-vessel operating
common carrier)
- Contract directly with shipping lines
Freight Forwarders (FF)
What is the role of FF in transportation?
To facilitate the movement of cargo to the overseas destination on
behalf of shippers and process the documentation or perform
activities related to those shipments.
They advise shippers on the most economical choice of
transportation, book space, and arrange for pickup,
transportation, delivery of goods and also customs clearance
Issue house bill of lading
NVOCC
A NVOCC (Non -Vessel Operating Common Carrier) may be
defined as an entity that provides ocean freight services as a
“carrier” albeit it may be with or without own operated vessels.
The NVOCC accomplishes this by buying slots or space from a
VOCC (Vessel Operating Common Carrier) and reselling the
same to their customers who can be exporters or forwarders.
NVOCC issues their own House Bill of Lading as a “carrier” and
in doing so undertakes the responsibilities of a carrier subject to
of course the terms, conditions and liabilities of their bill of
lading.
Shipping lines
A shipping line is a company that operates the ships
that actually carry the containers (owned or leased)
and cargo from load port to discharge port.
Issue master bill of lading
TYPES OF CHARTER
Liner Voyage Time
charter Charter charter
TYPES OF CHARTER
Liner terms
Ship is operated on one or more fixed routes, with advertised,
scheduled sailings
Cases? Cargo in not very large quantity ( a carton – hundreds of
tons)
A liner cargo vessel will accept any suitable cargo if space
permits. Most liners are container ships, or multi-purpose vessels.
Basic procedure:
- Book a ship space, check the Booking note
- Load shipment
- Make payment and receive B/L
TYPES OF CHARTER
Voyage terms
- Hiring the whole or part of a vessel and crew for a voyage
between a load port and a discharge port.
- Cases? Cargoes in large quantity (fulfilling a whole vessel)
- The carrier may be a person who owns the ship or hires a
ship for trading freight
- Ships run according to the charterer’s requirements The
charterer pays the vessel owner on a per ton or lump-sum
basis.
- The owner pays the port costs, fuel costs and crew costs.
VOYAGE TERMS
TYPES OF CHARTER
Time chartering
- Renting a ship for a period of time or for a specified trip
voyage with or without the ship’s crew
- Cases? – cargoes in large quantity or to exploit the ship ~
find cargoes to earn freight
- The charter pays hires, fuel, tugs, harbor dues
5. PURCHASE CARGO INSURANCE
Based on:
-Sales contract, L/C requirement, Incoterms
-Characteristics of commodities
-Type of vessel, route of shipment
-Product package
-Position of goods loaded on ship
-(CIF – Clause C)
TYPES OF MARINE INSURANCE POLICY
(a) Institute Cargo Clause A: This policy covers all the risks
of loss or damage to goods. This is the widest cover.
(b) Institute Cargo Clause B: This policy covers risks less
than under clause ‘A’.
(c) Institute Cargo Clause C: This policy covers lowest risks.
War and Strikes, Riots and Civil Commotion (SRCC) clause is
excluded in all the above policies. These risks can be covered
by specifically asking for, paying additional premium.
TYPES OF MARINE INSURANCE POLICY
- Open policy Voyage policy
o Marine insurance policy in o Marine insurance
which the insurer agrees to policy for risks to a ship's
provide coverage for all cargo during a specific
cargo shipped during voyage.
the policy period o Used mainly by exporters
o Used mainly by who need to ship only
large exporter who ship by occasionally or only in
sea routinely small amounts of cargo.
6. PRE-SHIPMENT INSPECTION
4.1 Self-certification
- Manufacturer’s certificate
4.2 Inspection by third-party agents
the goods conform to the requirements indicated by
the reference document (eg the pro forma invoice)
the goods are fit for their intended purpose and will be
adequately packed for shipment.
6. PRE-SHIPMENT INSPECTION
4.3 Inspection by Government Authority
Department of Standards Metrology and Quality
Vietnam Register
Department of Food Hygiene and Safety
Department of Sanitory and Phytosanitory
Department of Animal Health
7. EXPORT CUSTOMS CLEARANCE
- Mandatory
- Who does? - Exporter/Forwarder/Carrier
(1) Customs declarations
(2) Receive the classification of customs declaration
form
(3) Liquidate the customs declaration form and export
the goods
7. EXPORT CUSTOMS CLEARANCE
(1) Customs declarations
Traditional declaration
- Prepare a dossier of documents (customs declaration form,
contract, commercial invoice, packing list…)
- Submit at the relevant Sub-department of Customs
E-customs declarations
- Input information of e-customs declaration based on the
dossier of documents to CD software (ECUS)
- Receive the declaration tax rate, number
7. EXPORT CUSTOMS CLEARANCE
(2) Receive the classification of customs declaration
form
- Green - cleared
- Yellow – inspect the dossier of documents
- Red - present both the dossier of documents and goods
for customs inspection
- Pay customs duties and fulfill other financial obligations
(if any)
- Clear the goods and carry out post-clearance inspection
(3) Liquidate the customs declaration form and export
the goods
-Green – email the customs declaration form to the
relevant Sub-department of Customs
-Yelow – submit the documents and customs
declaration form for inspection and stamp, submit the
stamped customs declaration form to the customs
officers in charge for liquidation
-Red - … and take the cargo to the customs inspection
place
8. DELIVER THE EXPORT CARGO
Bulk cargo
Containerized cargo
Ful container load (FCL)
Less than container load (LCL)
8. DELIVER THE EXPORT CARGO
Receive Empty
container from C.Y
(Container yard)
Packing goods into
container, sealed
under supervision of Cargo list
Customs authority
Transporting container Transporting
to C.Y, delivered to goods to CFS to
carrier
be consolidated
Received for shipment
B/L House B/L
9. PREPARE DOCUMENTS AND RECEIVE
PAYMENT
Meet requirements of L/C
https://www.letterofcredit.biz/index.php/2018/07/
30/how-to-check-a-letter-of-credit-as-an-exporter/
- Prepare a dossier of documents
- Check documents carefully
- Present the documents within the due date and at
the right bank
- Get payment (at sight L/C)
10. CLAIM
Claim
10. CLAIM
10. CLAIM
IMPORT PROCEDURES
Assumption
Terms of delivery: FOB, Incoterms 2020
Cargo: bulk (not containerized) Payment:
by irrevocable L/C
IMPORT PROCEDURES
1. Obtain import license
2. Open L/C
3. Urge exporter to deliver goods and prepare storage
warehouse to take delivery
4. Arrange carriage
5. Purchase cargo insurance
6. Make payment or acceptance to get the dossier of
documents
7. Implement import customs clearance
8. Take delivery
9. Goods inspection
10. Claim and dispute resolution
1. Obtain import license
LIST OF EXPORTED OR ANNEX III DECREE 69/2018/ND-CP
IMPORTED GOODS REQUIRING
LICENSES OR UNDER GIVEN
CONDITIONS
3 types of license
-Import license
-License subject to quotas
-Automatic import license
Note: The issuance of the import license is subject to
specialized management of competent ministries.
2. Open L/C
Application for L/C
Pay L/C issuance fee and L/C deposit
Deposit range from 0% to 100% L/C value
3. Urge exporter and prepare warehouse
- Urge exporter to deliver goods by email, fax, phone…
- Prepare warehouse to take delivery
4,5. Make contract of carriage and insurance
- Contract of carriage: same as for exporter
- Contract of insurance:
In cases of Incoterms group E, group F and CFR, CPT
=> buy insurance for buyers’ benefits
FOB => buy insurance
6. Make payment or acceptance to get the
dossier of documents
The bank will inform the buyer of the dossier of
documents
The buyer pay or accept to pay for the documents
7. Import customs clearance
- Who does?
- Make customs declarations
- Based on flows of goods (green, yellow, red), present
the goods for customs inspection
- Pay customs duties and fulfill other financial
obligations
- Clear the goods and carry out post-clearance
inspection
8. Take delivery
2 ways:
Using forwarding service
Working directly with Port authority to take delivery:
+ Take goods from Port warehouse (authorize the port
authority to received the commodity from the vessel.
+ Take goods directly from the vessel.
9. Import goods inspection
Inspection of goods and containers may be required:
on arrival at the seaport or airport of first entry
at a third party site that has been approved by the
department.
Some goods subject to quality inspection by the
department.
For example:
Medical equipment – Institute of Medical Equipment
and Health Projects
DOCUMENTS IN IMPORT-EXPORT TRADE
1. Commercial Invoice (Hóa đơn thương mại)
2. Certificate of Origin (Chứng nhận xuất xứ)
3. Packing List (Phiếu đóng gói)
4. Certificate of quantity, weight,quality (Chứng nhận
số lượng, trọng lượng, chất lượng)
5. Inspection Certificate (Chứng nhận giám định)
DOCUMENTS IN IMPORT-EXPORT TRADE
6. Transportation documents
Marine/Ocean/Port-to-Port Bill of Lading
Charter Party Bill of Lading
Multimodal (Combined) Transport Document
Air Transport Document (Air Waybill)
Road, Rail, or Inland Waterway Transport
Documents
Courier Receipt (Biên lai chuyển phát)
DOCUMENTS IN IMPORT-EXPORT TRADE
7. Insurance Policy (or Certificate)
8. Payment document : Bill of Exchange; Benificiaries
Certificate
9. Other documents: Letter of indemnity; Customs
Declaration Form...
Commercial invoice
Issuer – seller
The seller requests the buyer to pay the sum on the
invoice
No fixed or compulsory form (inv number, seller,
buyer, goods descriptions, term of delivery, ports,
unit prices, total value…)
In line with the contract and L/C requirements (if
payment by L/C)
Commercial invoice
Used to
Ask for payment
Do customs declarations, take delivery of the goods and claim
Supply detail of the goods that serve as a benchmark on
checking the goods
Packing list
Issuer – seller
A description on the packaging of the shipment
(seller, buyer, goods descriptions, term of delivery,
ports, quantity of packages, packaging materials,
gross & net weight, measurement…)
No fixed or compulsory form
Certificate of quality
Issuer – manufacture, third party
Purpose - to confirm that the quality of the goods is
in conformity with the contract
Contents – consignment information and inspection
results
Certificate of origin
Issuer – authorized agency of exporter’s country
(Impport-export management departments of cities,
branches of VCCI, management departments of
economic zones)
Roles of C/O?
Application for C/O – at C/O issuing organization or
through Electronic C/O System
Certificate of origin
Forms of C/O
Form A
Form B
Form O
Form X
Form T
Form D
Form AK
Form S
Form E
Sanitary Certificate
Food commodity
Issuer - Department of Standards Metrology and
Quality, Department of Food Hygiene and Safety
To confirm that the goods is no harm to consumers
Veterinary Certificate
Phytosanitary Certificate
Certificate of fumigation
Halal Certificate
Fumigation Certificate
Booking note
Bill of lading
Mate’s receipt
Cargo Manifest
ROROC
COR
CSC
Tally Sheet
Insuarance policy/ Insurance certificate