Chapter 4 - Contract Performance
Chapter 4 - Contract Performance
Contract Performance
PROCEDURES TO PERFORM EXPORT CONTRACTS
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1. Export license application
• Subject to the government’s import-export controls in the certain period
of time.
• Legal basis: Law on Foreign Trade Management and Decree
No.69/2018/NĐ-CP.
• 2 kinds of licenses for exported goods: export licenses and automatic
export licenses.
• Goods under specific management: Certificate of exportability required
(e.g rice)
2. Checking payment
• Inform buyers of delivery.
• Check obligations of preparation relating to payments.
• In case payment is made by L/C, what should exporters do?
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L/C checking 40A: FORM OF
DOCUMENTARY CREDIT
20: DOCUMENTARY
CREDIT NUMBER
50: APPLICANT
31C: DATE AND PLACE 59: BENEFICIARY
OF ISSUE
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45A:
41D: AVAILABLE DESCRIPTION OF
WITH … BY … GOODS AND/OR
42C: DRAFT AT … SERVICES
42D: DRAWEE
46A: DOCUMENTS
REQUIRED
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71B: CHARGES
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46A:
DOCUMENTS
REQUIRED
Time span with LC
LC Delivery LC
min. 21 working days
opening date expiry
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Time span with LC
* At sight LC
LC Payment LC
opening date expiry
*Deferred LC
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3. Goods preparation
3.1. Packing: safe, economic, artful.
• Outer packing
Drum Barrel
Box
Crate
Wood shaving
Tarpauline
Cardboard
Oil, Gease
Foil PP, PVC Waste paper
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3. Goods preparation
3.2. Marking
• Purpose
Info relating to contract, special instructions.
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Conformity with contract
Certificate of quantity
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Conformity with contract
Certificate of quality
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Sanitary certification
Health certificate
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Quarantine
Phytosanitary certificate
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3. Goods preparation
3.3. Goods checking and inspection
❖ Procedures
Supervising Issuance of
goods delivery temporary certificate
Issuance of
official certificate
4. Carriage & Insurance
4.1. Contract of carriage
• Liner term -> liner B/L
• Voyage charter -> Charter party B/L
4.2. Contract for insurance
• Insurance clause
• Amount insured
• Form of insurance contract
+ Open policy / voyage policy
+ Insurance certificate / insurance policy
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Insurance request
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5. EXPORT CUSTOMS CLEARANCE
E-CUSTOMS OR
E-CUSTOMS PAPER-BASED
(Art 25.2 Decree
08/2015/ND-CP)
Booking Note/ Booking confirmation: Name of the vessel, port of
discharge
Sales Contract
Commercial Invoice
DOCUMENTS
PREPARED FOR Packing List
EXPORT CUSTOMS
DECLARANCE Equipment Interchange Receipt (EIR): container No., seal No.
Export Licence
DOCUMENTS SUBMITTED FOR EXPORT
CUSTOMS CLEARANCE
2. Cargo plan
6. Exchange MR for BL
Consigner Carrier
3. Ask for
date, time of
delivery
Port authority 30
6. Making delivery
• By sea – in containers (FCL)
1. Cargo list
2. Booking note
3. Give order to deliver cont and seal
Carrier’s
6. B/L issuing
agent
Consigner
4. Goods packing,
customs procedures,
deliver containers
Container yard - CY
6. Making delivery
• By sea – in containers (LCL)
1. Cargo list
2. Booking note
4. House B/L issuing
Consolidator
Consigner
• By air
✓ Booking.
✓ Deliver the goods and conduct procedures.
✓ Receive AWB (MAWB/HAWB).
✓ Advise consignee.
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7. Payment procedures
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8. Dealing with claims
• Cases
• Solutions
• Documents
+ Letter of complaint.
+ Relevant docs: Contract, B/L, Tally sheet, Report on
Receipt of cargo (ROROC), Certificate of short-landed cargo
(CSC), Cargo outturn Report (COR), Survey Record, Customs
Inspection Report.
+ Damage calculation.
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COR
(Cargo Outturn Report)
CSC
(Certificate of Shortlanded
Cargo)
ROROC
(Report On Receipt Of Cargo)
DISCUSSION
• On 6 December 2020, Australian buyer order a consignment via a
purchase order
• On December 2020, the Vietnamese seller confirmed the order via the
proforma invoice
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