PoIT - Kỹ thuật nghiệp vụ ngoại thương

1. Practice of International Trade Lecturer: NguyễnThịTườngVy Sunflowers

2. 02 01 03 04 Issue Summary Introduction Issue This is a lawsuit relevant to Quantity terms between China – Cuba. Quality terms in contract: Dispute between Vietnam and Korea Topic 5 About our topic 3. Is between Vietnam and Brazil about Payment terms. 4. C/O documents in the contract - how is the penalty? Stakeholders and Summary  About our topic Some issues related to contract terms that (Vietnamese) importers should take notice

3. Introduction International commercial contracts are ... Every clause in the contract plays an important role because.. • Do you know what the International commercial contracts are? • A trade contract there are always many dilemma problems, so what is it? Let’s follow this persentation

4. Issue 1: This is a lawsuit relevant to Quantity terms between China - Cuba Stakeholders: Plaintiff: Cuba buyers Respondent: Chinese seller Follow summarize the problem: December 25, 2006: Signed a sale contract with the following conditions: - Commodities: 19,500 mixed fiber children's suits with different quantities and prices. - Incoterm condition: FOB (China port) - Total contract value: 404,415 USD - Packing method: paper box - Delivery in June 2007- Quantity delivered as follows: 900 paper boxes loaded onto Cuba ships

5. After the inspection, the agency confirmed : The seller did not accept the negotiated agreement when requested by the buyer. So, the buyer has sued the seller to be responsible for the missing goods & claim compensation. 2 The buyer confirmed that there were some boxes of insufficient weight. However, the buyer still transports the above goods to the warehouse and asks the inspection agency in Cuba. 1 At the port Missing 1.845 clothes in 61 boxes

6. The defendant's argument Why sue when confirmed the goods are valid when transport to According to FOB, incoterm 2000, the goods when cargo balcony the ship's rail are not responsible If there is a serious shortage of cargo, surely the box has been opened, the captain has not signed the clean bill of lading? The buyer cannot submit the goods inspection certificate is lacking in volume The plaintiff (buyer) decided suing the defendant (seller) must be responsible for the missing goods and demand compensation.

7. After reviewing the arbitration rules judged: The Defendant must compensate the Plaintiff for $4,425.01 as the payment for the missing goods, and $180 for the inspection fee, also arbitration fee. 

8. Infographic Style What is the lesson from this story? • Check goods carefully when receiving goods • Immediately notify the exporter when there is any error • If you suspect something wrong with the goods, it is best not to transport

9. Issue 2: Quality terms in contract: Dispute between Vietnam and Korea Source: Kinhdoanhvàphápluật – HTV2

10. Issue 2: Quality terms in contract: Dispute between Vietnam and Korea Stakeholders: Plaintiff: buyers - (Vietnam) commercial production joint stock company Respondent. : Seller - Balance Industry Co., Ltd. (Korea) Follow summarize the problem: • - Both parties agree that the paper must ensure the humidity does not exceed 12% and some other conditions on compounds. • P.P company has opened a letter of credit L / C for the contract. After receiving the goods at the Vietnamese port, P.P hired Vina control to inspect the quality of the shipments. • In the first batch of inspection, there are 15/20 non-qualified containers, and in the second shipment, 23 out of 24 containers exceed the permitted humidity.

11. This is the full story: On December 19, 2012, P.P filed a lawsuit in court, forcing Balance Industry to pay more than 32,400 USD in compensation for breach of contractual obligations. On December 27, 2012, the Hanoi People's Court issued a decision to apply an urgent measure to temporarily block the amount of L / C that P.P opened. => Vietnam wins the lawsuit

12. What is consequences? Whether winning or losing the lawsuit, the two sides are wasting their time, finance, brand reputation and especially in international trade, the relationship of cooperation with each other is more or less affected. 01 02 03 04

13. What is the lesson from this story? Pay close attention to the method of inspection, work out the issues with the carrier to hold them accountable, and specify where the final binding value should be. If the Korea does not recognize the VN result, Vietnam should invite them to come to test the counter or invite a third party to assess the test. Should use L / C with deferred payment, not to use immediately. Build relationships and regularly contact the Embassy, ​​major import markets to get authentic information about the partners.

14. Issue 3 Is between Vietnam and Brazil about Payment terms. Source: Kinhdoanhvàphápluật –HTV2

15. Issue 3 Is between Vietnam and Brazil about Payment terms. Stakeholders: The import: Viet Nam The export: Brazil Follow summarize the problem: - A Vietnamese company imports a company's timber from Brazil. -Due to to hurry without getting to know the information carefully, the Vietnamese company transferred money without receiving the goods. -In the end, the company from Brazil is just a virtual internet company that doesn't exist.

16. Issue 3 is between Vietnam and Pakistan about Payment terms. money has been sent but the goods have not been returned. Researching carefully, A discovered that B is just a virtual company on the internet that is not real Company A has quickly agreed to buy wood with company B in which the payment is made by L / C. In transactions via the Internet. Imports wood from company B of Brazil To mention the specific contents of L / C, she quickly transferred money to B according to L / C from the designated bank of A. Due to urgent need of wood for production, A and B decide to cooperate The trouble is Because A was in a hurry Company A of VN

17. Lessons Learned For businesses: Find information carefully about the partner you want to cooperate with or consult with experienced people. Slow but sure, should not transfer money when the goods have not been received. If it is a lack of knowledge in international payments, businesses/importers need to improve as soon as possible.

18. Issue 4:C/O documents in the contract - how is the penalty? Stakeholders: Seller: Hong Kong business but origin of shipment from company PT. SaWitama Makmur - Indonesia Buyer: V.T.D Company Limited - Vietnam Follow summarize the problem: • This company signs a purchase contract with a company in Hong Kong, the source of the shipment of PT.SaWitama Makmur Company in Indonesia, • Provided that the goods have a C / O form D, • Price is according to Incoterm CIF (at Can Tho port)

19. This is the full story March 20, 2020, Ho Chi Minh City Customs Department discovers the certificate of origin of goods C / O No. 0023181 / JKT / 2018 from the seller issued on December 28, 2018 to the buyer. 01 02 04 03 Because he wanted to enjoy a special preferential tax rate of 0% instead of 30% for the shipment registered at Saigon port area 1 Customs Branch on January 29, 2019, the seller forged C / O. However, after the customs office verified the C / O, the 6 C / O form D that the Indonesian company provided to the telecom company was issued to another company by the Indonesian competent authority, not the Company PT.SaWitama Makmur. The Indonesian competent authority also sent a confirmation letter to Company PT. SaWitama Makmur was deceived by a number of individuals and issued fake C / O to provide customers with goods originating from Indonesia and on the List of Duty Free Goods. The supply of the goods has been deceived by some other party. As a result, V.T.D Company Limited was fined nearly 400 million VND by the Customs authority.

20. Without losing the opportunity to enjoy preferential tax rates, the enterprise (DN) will be fined hundreds of million VND for using fake C / O when importing goods. Consequence

21. What is the lesson from this story? • Find information and consider carefully about your partner and their behavior before deciding to cooperate - lessons for the intermediate supplier. • However, if there is a case where the importer is deceived by the exporter, he should be alert and anticipate all problems by consulting carefully, checking whether the import is correct or not.

22. Summary Be careful about your partners and their behavior to avoid fraud in commercial contracts. Especially matters of documents, forms, and payment obligations. Importers should negotiate clearly before cooperating. If there is any doubt about a breach of the contract terms (quantity, quality), shipping/payment should be suspended for timely settlement. In case of need, adding a third party to resolve the problem together is quite necessary.

23. THANK YOU !!!