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CHAPTER 4-COMERCIAL DOCUMENTS

Chapter 4 discusses various commercial documents used in international payment, focusing on transport documents like the Bill of Lading (B/L), insurance documents, and commodity documents. The B/L serves multiple functions, including confirming a transport contract, acting as a receipt for goods, and certifying ownership. The chapter also outlines the different classifications of B/L based on loading status, shipmaster's remarks, ownership, chartering method, transporting itinerary, and usage value.

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0% found this document useful (0 votes)
19 views

CHAPTER 4-COMERCIAL DOCUMENTS

Chapter 4 discusses various commercial documents used in international payment, focusing on transport documents like the Bill of Lading (B/L), insurance documents, and commodity documents. The B/L serves multiple functions, including confirming a transport contract, acting as a receipt for goods, and certifying ownership. The chapter also outlines the different classifications of B/L based on loading status, shipmaster's remarks, ownership, chartering method, transporting itinerary, and usage value.

Uploaded by

050610220398
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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CHAPTER 4

COMERCIAL DOCUMENTS

1
OBJECTIVES

➢ Identify the purpose of each type of commercial documents


in international payment.
➢ Read and understand the content of commercial documents.
➢ Compile and check the content to ensure the suitability and
accuracy of commercial documents.

2
CONTENTS

➢ Transport documents: Bill of lading; Air waybill; Multimodal


transport document; Other transport documents.
➢ Insurance documents: Open policy; Declaration under an
open cover; Insurance certificate; Insurance policy; Cover
note.
➢ Commodity documents: Commercial invoice; Packing list;
Certificate of origin; other types of documents.

3
TRANSPORT DOCUMENTS

➢ BILL OF LADING
➢ AIR WAYBILL
➢ MULTIMODAL TRANSPORT DOCUMENT
➢ OTHER TRANSPORT DOCUMENTS

4
BILL OF LADING - B/L
(VẬN ĐƠN ĐƯỜNG BIỂN)

5
DEFINITION OF B/L

Terminologies: Bill of Lading - B/L, Ocean Bill of Lading, Marine


Bill of Lading.
A Bill of Lading (B/L) is a transport document for the carriage of
goods by sea, issued by the carrier or the agent for a carrier to
the shipper after the goods have been shipped on board (loaded
onto the vessel) or received for shipment.
Vận đơn đường biển là chứng từ chuyên chở hàng hóa bằng đường biển
do người chuyên chở hoặc đại diện của người chuyên chở cấp cho người
gởi hàng sau khi hàng hóa đã được xếp lên tàu hoặc sau khi nhận hàng để
chở.

6
DEFINITION OF B/L

Party issuing B/L: The following entities (chủ thể) have the function
of signing and issuing B/L:
❑ Carrier (Người chuyên chở): the owner/ the operator of the vessel.
❑ Agent for Carrier (Đại lý của người chuyên chở).
❑ Shipmaster/ Master/ Captain (Thuyền trưởng)
❑ Agent for Shipmaster/ Master/ Captain (Đại lý của thuyền trưởng).
The party issuing B/L must clearly state their capacity when signing
and issuing it to ensure its legal validity for receiving goods and
making claims or lawsuits.

7
DEFINITION OF B/L

The signing capacity should be indicated next to the signature as


follows:
❑ Carrier: As (the) carrier + name of carrier (if already mentioned on the
B/L, it may or may not be included) + signature.
❑ Agent for Carrier: As (the) agent for carrier + name of agent + name of
carrier (if already mentioned on the B/L, it may or may not be included) +
signature of agent.
❑ Shipmaster: As (the) shipmaster/ master/ captain + signature (name of
shipmaster is not necessary).
❑ Agent for Shipmaster: As (the) agent for shipmaster/ master/ captain +
name of agent + signature of agent.
➢ Party delivered B/L: the shipper (consignor) which may be the
exporter themselves or an authorized representative.
8
DEFINITION OF B/L

Time of B/L issuance:


❑ Shipped on board/ Clean shipped on board/ Clean on board/ Laden
on board/ Loaded on board/ On board/ Shipped.
✓ After loading the goods onto the vessel.
✓ Applied to the Incoterms of FOB, CFR, and CIF.
❑ Received for shipment
✓ After receiving the goods for shipment
✓ Applied to the Incoterms of FCA, CPT, and CIP.
The delivery date is commonly the date of issuing B/L. In the case of
having a separate note about the delivery date, the date in the separate
note is the delivery date.
9
FUNCTIONS OF B/L

There are three functions:


➢ The evidence confirms that a contract for transporting goods by sea
has been signed.
➢ The receipt of the goods issued by the carrier to the shipper.
➢ The document certifies the ownership of/ the title to the goods
stated on the B/L.

10
FUNCTIONS OF B/L

➢ The evidence confirms that a contract for transporting goods


has been signed.
There are two ways to charter a vessel :
❑ Voyage charter (thuê tàu chuyến): renting the entire vessel and
following a route nominated by the charterer, with a charter contract
attached. The B/L is typically issued after the goods have been loaded
onto the vessel.
❑ Liner charter (thuê tàu chợ): renting cargo space on a vessel that
sails on a fixed schedule and route. It is commonly used for
transporting goods by sea.

11
FUNCTIONS OF B/L

The evidence confirms that a contract for transporting goods by


sea has been signed (cont.)
Liner charter (cont.)
✓ The charterer fills in and signs the booking note (giấy lưu cước) and
sends it to the shipping company (carrier).
✓ After receiving the goods, the shipping company will issue a B/L.
Booking note with the charterer’s signature Transport
contract
B/L with the carrier’s signature
→ B/L is the evidence to confirm/ supplement that the transport
contract has been signed.
12
FUNCTIONS OF B/L

➢ The receipt of the goods is issued by the carrier to the shipper.


❑ Confirming receipt of goods in the quantity and condition as stated
in the B/L means they must be delivered to the consignee in the same
manner at the destination.
❑ At the destination port, the consignee must present an original B/L
along with documents verifying the identity (such as a company
introduction letter or an identity card) to receive the goods.
❑ The carrier recovers the original B/L and delivers the goods to the
consignee, thus completing their responsibility.

13
FUNCTIONS OF B/L

➢ The document certifies the ownership of the goods stated on


the B/L.
❑ The person presenting the original B/L and documents certifying the
consignee is the owner of the goods and has the right to demand
delivery of the goods.
❑ Holding the B/L is like holding property or assets. Therefore, the B/L
can be negotiated by endorsement (Deliver to Mr.A/ Deliver to the
order of Mr.A/ Deliver to the bearer).
❑ In the case of “procuring goods so delivered”, the buyer endorses
the B/L and sends it to another party (the new buyer).

14
PURPOSES OF USING B/L

➢ It confirms that the seller has completed the obligation to deliver


the goods to the buyer in the quantity and condition stated on the B/L.
➢ It serves as a document for the delivery and receipt of goods.
➢ It is an important document in the set of payment documents.
➢ It is used for customs declaration to do import/ export clearance.
➢ It is an indispensable document in the event of a complaint or
lawsuit.
➢ It can be used for negotiation, mortgage, collateral, and trade
involving the goods stated on the B/L.

15
FORM OF B/L

➢ There is no standardized form; each shipping company has its own


form, so the colors, layout, and arrangement of columns may vary.
➢ Title of B/L:
❑ Title for sea transport: Bill of Lading; Ocean Bill of Lading; Marine
Bill of Lading; Port – to - Port Bill of Lading.
❑ Title for both sea transport and multimodal transport: Bill of
Lading for Combined Transport Shipment or Bill of Lading for Port – to
- Port Shipment.

16
FORM OF B/L

➢ Ways to indicate an original B/L: there are usually 3 originals.


❑ Printing "Original" or "Negotiable Original" on all 3;
❑ Printing "First Original", "Second Original", "Third Original“;
❑ Printing “Original”, “Duplicate”, “Triplicate”;
❑ If the original and copies are printed in the same format, the word
“Original” is stamped to distinguish.
➢ Ways to indicate a copy B/L: there may be multiple copies.
❑ Printing “Copy”, “Copy – Non - Negotiable”, “Non - Negotiable Copy”,
“Non - Negotiable”, “Not Negotiable”.
❑ If the original and copy are printed in the same format, the word
“Copy" is usually stamped to distinguish.
17
CONTENTS OF B/L

➢ Front side:
❑ The titles of columns and cells are pre-printed, and it is necessary
to fill in the corresponding contents as the requests of titles.
❑ Some pre-printed content about the carrier's responsibilities and
the cases of exemption from liability.
➢ Back side:
❑ Terms and conditions of carriage are regulated by the carrier; or
❑ Blank page.

18
CONTENTS OF B/L

Main contents on the front side:


❑ 1, 1a, 2, 2a. Information about the B/L and the carrier: Title,
carrier’s name, agent for the carrier at the consignee’s country, B/L
number, nature of B/L.
❑ 3, 4, 5. Information about the relevant parties: Shipper,
consignee, notified party.
❑ 6, 7, 8. Information about itinerary and means of transport:
Name of vessel, voyage number, place of receipt, port of loading,
transshipment port, port of discharge, place of delivery.
❑ 9, 10 and 11. Information about the goods: Marks and number,
description of goods, total number of containers and/or packages,
gross weight, volume (if any).
19
CONTENTS OF B/L

Main contents on the front side (cont.):


❑ 12. Information about loading of goods onto the vessel: On
board date (ngày giao hàng lên tàu/ ngày ghi chú on board).
❑ 13. Information about freight.
❑ 14. Information about the issuance and signing of B/L: Numbers
of (original) B/L, place, and date of issuing B/L, capacity, and signature
of B/L issuer.

20
CONTENTS OF B/L

Item 4 – Consignee (Người nhận hàng):


❑ This is the beneficiary of the B/L, 3 ways to express:
✓ nominated namely
✓ nominated with “to order”
✓ nominated namelessly.
Notes:
❑ A B/L nominated namely is non-negotiable.
❑ If the Consignee field indicates “to order" or “to the order", it refers
to “to the order of the shipper”, whose details are in the item 3. In this
case, the shipper must endorse the B/L and hand it to the importer so
that the importer can receive goods.
21
CONTENTS OF B/L

Item 7 and 8 – Transporting itinerary:


(a) Place of receipt (nơi nhận hàng để chở/ nơi xếp hàng).
(b) Port of loading (cảng bốc hàng/ cảng xếp hàng).
(c) Port of discharge (cảng dỡ hàng).
(d) Place of delivery (nơi dỡ hàng/ giao hàng cho người nhận).
(e) There may be a transshipment field (nơi chuyển tải).
Notes:
❑ (a) and (b): in the seller's country
❑ (c) and (d): in the buyer's country.

22
CONTENTS OF B/L

Item 7 and 8 (cont.):


❑ For sea transport: (a) and (d) are either left blank or are identical
to (b) and (c) respectively (i.e., a=b, d=c). If transshipment occurs
during the transport, its location is specified in the transshipment
field.
❑ For multimodal transport: (a) differs from (b) and/or (d) differs
from (c).
→ Check the itinerary fields mentioned above to determine whether
the transport is port – to – port (sea transport) or multimodal.

23
CONTENTS OF B/L

Item 13 – Freight and charges (cước phí): two types:


❑ Freight prepaid/ Freight paid (cước phí trả trước):
✓ The seller pays the freight at the port of departure/ loading port.
✓ This applies to Incoterms groups C and D.
✓ The buyer must present the original B/L to receive the goods.
❑ Freight collect / Freight payable at destination (cước phí trả sau):
✓ The buyer pays the freight at the port of destination/ discharging port.
✓ This applies to Incoterms groups E and F.
✓ The buyer must present the original B/L and pay the freight to
receive the goods.
The freight amount may be shown explicitly or stated as "as arranged"
or "as agreed" to keep pricing confidential.
24
CONTENTS OF B/L

Additional content on the front side (if any):


Remarks on B/L
❑ Without bad remarks:
✓ Indicates the goods were delivered in good condition.
✓ The shipper is not responsible for any loss or damage.
✓ The B/L may either have no remarks or include general statements,
such as “weight, measurement, and quality of the goods are unknown”.
❑ With bad remarks:
✓ Indicates visible issues with the goods at the time of loading.
✓ The shipper may be held responsible for loss or damage related to
noted condition, such as “some packages are torn, goods are wet,
unclear markings”.
25
CLASSIFICATION OF B/L

➢ Based on the status of loading the goods:


❑ Shipped on board B/L (Vận đơn đã xếp hàng): B/L is issued after
the goods have been loaded onto the vessel.
❑ Received for shipment B/L (Vận đơn nhận hàng để chở):
✓ B/L is issued after the goods have been delivered to the carrier, with
commitment that they will be loaded onto the specified vessel.
✓ The consignee can not be certain that the goods have actually been
loaded onto the correct vessel at the time B/L is issued.

26
CLASSIFICATION OF B/L

➢ Based on the shipmaster's remarks:


❑ Clean B/L (Vận đơn sạch / hoàn hảo):
A clean B/L contains no bad remarks about the condition of the goods
or packaging (either no remarks are written or only general
statements).
❑ Unclean/ Claused B/L (Vận đơn không hoàn hảo):
An unclean/ claused B/L includes bad remarks.

27
CLASSIFICATION OF B/L

➢ Based on the party entitled to ownership and transfer of


the goods ("Consignee" field):
❑ Straight B/L (Vận đơn đích danh).
❑ To order B/L (Vận đơn theo lệnh).
❑ Bearer B/L (Vận đơn vô danh).

28
CLASSIFICATION OF B/L

➢ Based on the chartering method:


❑ Liner B/L (Vận đơn tàu chợ): B/L is issued when the goods are
shipped by a liner vessel, with terms of the transport contract pre-
printed on the back side of the B/L.
❑ Charter Party B/L (Vận đơn tàu chuyến / vận đơn theo hợp đồng
thuê tàu): B/L is issued when the goods are shipped by a charter
vessel, and there is an attached charter contract outlining the terms of
the charter.

29
CLASSIFICATION OF B/L

➢ Based on the transporting itinerary:


❑ Direct B/L (Vận đơn đi thẳng): B/L is issued when the goods are
transported directly from the departure port to the destination port,
without any transshipment along the way.
❑ Through B/L (Vận đơn chở suốt): B/L is issued when the goods
are transshipped at one or more intermediate ports during the journey
from the departure port to the destination port.

30
CLASSIFICATION OF B/L

➢ Based on usage value and transferability:


❑ Original B/L:
✓ Used for receiving the goods, payment, negotiation, complaints, and
lawsuits.
✓ Can be transferable/ negotiable (To order B/L; Bearer B/L) or non-
transferable/ non-negotiable (Straight B/L).
✓ Must be signed by the B/L issuer.
❑ Copy B/L:
✓ Used for reference or document storage.
✓ Non-transferable/ non-negotiable.
✓ Does not require the B/L issuer’s signature.
31
CLASSIFICATION OF B/L

➢ Forwarder B/L (Vận đơn của người giao nhận):


❑ If a forwarder provides transport services as the carrier and is a
FIATA member, they issue B/L in the FIATA format, known as FBL
(Forwarder Bill of Lading).
❑ If the forwarder acts only as the carrier’s agent with authorization to
issue a B/L, they will issue the carrier’s B/L in the carrier’s specific
format.
❑ If the forwarder is merely a forwarding agent, they provide the
shipper with a Forwarding Agents Certificate of Receipt (FCR - biên lai
nhận hàng), which is not a transport document.

32
CLASSIFICATION OF B/L

➢ Other types of B/L:


❑ Short B/L (Vận đơn rút gọn / Vận đơn trắng lưng).
❑ Surrendered B/L (Vận đơn xuất trình tại cảng đi).
❑ Full Container Load (FCL) B/L (Vận đơn nguyên container).
❑ Less than Container Load (LCL) B/L (Vận đơn container hàng lẻ).

33
CLASSIFICATION OF B/L

➢ Other types of B/L


Less than Container Load (LCL) B/L (cont.)
There are two cases:
✓ If the carrier receives goods in small quantities, it will issue a
container bill of lading labeled LCL/LCL to the shipper, which holds
the same value as a standard bill of lading.
✓ If the forwarder collects small quantities from multiple shippers
and rents a container from a carrier, two types of bills will be
involved:

34
CLASSIFICATION OF B/L

➢ Other types of B/L:


Less than Container Load (LCL) B/L (cont.)
o A Master Bill (an FCL/FCL B/L) is issued by the carrier to the
forwarder.
+ It cannot be used for payment purposes.
+ It define the contractual relationship between the forwarder and the
carrier.
CLASSIFICATION OF B/L

➢ Other types of B/L:


Less than Container Load (LCL) B/L (cont.)
o A House Bill is issued by the forwarder to the shipper.
+ It can be used for payment and governs the relationship between the
shipper (or consignee) and the forwarder.
+ In case of disputes, the shipper (or consignee) cannot sue the carrier
directly – only the forwarder is contractually responsible.
+ If the forwarder is a FIATA member, the House Bill is issued in FIATA
format (FBL). Otherwise, it is issued in the forwarder’s own B/L format. Use
of the FBL is recommended for added legal clarity and international
recognition.
MULTIMODAL TRANSPORT DOCUMENT
(CHỨNG TỪ VẬN TẢI ĐA PHƯƠNG THỨC)

37
MULTIMODAL TRANSPORT DOCUMENT

❑ It is a transport document issued by a Multimodal/ Combined


Transport Operator (MTO/ CTO) (người kinh doanh vận tải đa
phương thức) to the shipper when the transport related to two or
more different modes of transport (e.g., sea + rail, sea + truck, etc.)
❑ The MTO/ CTO is legally responsible for the entire transport
itinerary and issues the multimodal transport document.
❑ Titles: Multimodal Transport Document (MULTIDOC); Combined
Transport Document (COMBIDOC); Negotiable FIATA Combined
Transport B/L (FBL); Multimodal Transport or Port to Port Shipment
B/L; B/L for Combined Transport Shipment or Port to Port Shipment.

38
MULTIMODAL TRANSPORT DOCUMENT

➢ Having 3 functions similar to a B/L (when sea transport is inclded).


➢ Entities issuing multimodal transport documents include :
❑ Carrier: performing the entire itinerary themselves.
❑ MTO: hiring additional means of transport and carriers, but being
responsible for the entire itinerary.
❑ Shipmaster: if the itinerary starts with sea transport, the shipmaster
can sign a multimodal transport document.
❑ Agents for the carrier, MTO, and shipmaster.
❑ Forwarder: may act as a carrier, MTO, or agent of carrier/ MTO and
is authorized to sign multimodal transport documents when receiving
goods from the shipper.
39
MULTIMODAL TRANSPORT DOCUMENT

Notes:
❑ Multimodal transport documents is recognized based on the transport
itinerary information.
❑ The transport document does not need to show two or more modes of
transport as long as it implies them logically.
❑ Transshipment is accepted.
❑ The “Received for shipment” date is when the shipper delivers the
goods to the carrier. If it differs from the transport document’s issuance
date, it should be noted separately.
❑ "On board" notation is not required on transport documents.
❑ It is unnecessary to indicate the actual name of the vessel that goods
are loaded on, only the intended vessel name is acceptable.
40
AIR WAYBILL
(CHỨNG TỪ VẬN TẢI HÀNG KHÔNG)

41
AIR WAYBILL

Terminologies: Air Waybill - AWB, Air Consignment Note, House Air


Waybill, Air Transport Document.
➢ It is a document for transporting goods by air.
Functions:
➢ The evidence of the contract for transporting the goods by air
between the airline and the shipper.
➢ The receipt of goods issued by the airline to the shipper.

42
CONTENTS OF AIR WAYBILL

❑ Information about air waybill: air waybill title, name of airline


transporting goods, agent of the airline, air waybill number.
❑ Information about relevant parties: shipper, consignee, notified party.
❑ Information about transport itinerary: departure airport, destination
airport, flight number.
❑ Information about the goods: marking, description of goods, number of
pieces, gross weight, volume, chargeable weight (if any).
❑ Information about freight and other fees: prepaid or collect.
❑ Information about issuance and signatures: signature of shipper, date
and place of issuing air waybill, capacity and signature of carrier or agent.

43
NOTES

❑ There are at least 3 originals: 1 for issuer, 1 for shipper, and 1 for
accompanying goods to be delivered to consignee. Other additional
originals (if any) are for other relevant parties.
❑ Transshipment always exists in air transport, so Air Waybill indicating
"transshipment/ transit will or may occur" will always be accepted.
❑ It is sufficient to state "Accepted for carriage” on the Air Waybill, and it is
unnecessary to note "On board".
❑ The delivery date is commonly the date of issuing the Air Waybill. In the
case of having a separate note about the delivery date, the date in the
separate note is the delivery date.
❑ With fields/ cells indicating “for carriers use only”, the shipper and
consignee do not need to care.
44
OTHER TRANSPORT DOCUMENTS

45
NON-NEGOTIABLE SEA WAYBILL
(BIÊN LAI GỞI HÀNG ĐƯỜNG BIỂN)

46
NON-NEGOTIABLE SEA WAYBILL

▪ The form and content are similar to a B/L, but the title is "NON-
NEGOTIABLE SEA WAYBILL / SEAWAY BILL”, the back is blank, and
the issuer’s signature is not required.
▪ There are only two functions, without the function of a document
certifying the ownership of the goods, so it is non-negotiable.
▪ Sea Waybill is sent with the vessel, allowing the carrier to deliver the
goods to the consignee named on the Sea Waybill, without needing
the original document.

47
NON-NEGOTIABLE SEA WAYBILL

Advantages:
+ Efficient use for short transport routes and some payment methods
such as payments in advance or payments after shipment but the
exporter and the importer have a trust relationship;
+ Saving printing costs;
+ Applying modern communication technology for quick information
access.

48
ROAD, RAIL, AND INLAND WATERWAY
TRANSPORT DOCUMENTS
(CHỨNG TỪ VẬN TẢI ĐƯỜNG BỘ, ĐƯỜNG
SẮT, ĐƯỜNG SÔNG)

49
ROAD, RAIL, AND INLAND WATERWAY
TRANSPORT DOCUMENTS

➢ Road Consignment Note (chứng từ vận tải đường bộ): issued


when the goods are transported by truck, also known as Truck B/L.
➢ Railway Consignment Note (chứng từ vận tải đường sắt): issued
when the goods are transported by train, also known as Railway B/L.
➢ Inland (Waterway) B/L (chứng từ vận tải đường sông/ đường thủy
nội địa): issued when the goods are transported by inland waterway
(river/ inland sea).
These documents have no function for the ownership of goods
(they have only 2 functions).

50
NOTES

▪ The document must include the carrier’s name, the phrase "received/
accepted for carriage”, the place of receipt, and the final place of
delivery.
▪ Only the carrier and the agent for the carrier are authorized to sign
and issue the document, clearly indicating the signer’s name and
capacity.
▪ The delivery date is the document issuance date. If there is a note on
the delivery date, the date in the note is the delivery date.
▪ There is no need to control the entire set of original documents, and
to indicate the total of originals. It is sufficient to issue just one original
document.
▪ Transshipment in these modes of transport often occurs.
51
COURIER RECEIPT, POSTAL RECEIPT
(BIÊN LAI CHUYỂN HÀNG, BIÊN LAI BƯU ĐIỆN)

52
COURIER RECEIPT, POSTAL RECEIPT

➢ Courier Receipt (biên lai chuyển phát nhanh): is the transport


document of express cargo transport companies such as DHL, TNT,
FedEx, etc.
➢ Postal Receipt (biên lai bưu điện): issued by post office when
goods are transported by post.

53
NOTES

▪ These documents have no function for the ownership of goods,


making them non-negotiable and valueless for receiving goods.
▪ The carrier keeps one original, provides another to the shipper for
saving files, and delivers one original with the goods to the consignee.
▪ The document issuance date is the delivery date.

54
INSURANCE DOCUMENTS
(CHỨNG TỪ BẢO HIỂM)

55
DEFINITION OF INSURANCE DOCUMENTS

Insurance documents are legal documents issued by the


insurer to the insured based on the agreement between two
parties, in which the insured pays an insurance premium to the
insurer and the insurer compensates the insured for an insured
amount when occuring the loss of the subject matter insured
caused by risks insured.
Chứng từ bảo hiểm là văn bản pháp lý do người bảo hiểm cấp cho người
được bảo hiểm (người mua bảo hiểm) theo sự thỏa thuận giữa hai bên,
theo đó người được bảo hiểm phải trả phí bảo hiểm cho người bảo hiểm,
còn người bảo hiểm phải bồi thường một số tiền bảo hiểm cho người được
bảo hiểm khi xảy ra những tổn thất của đối tượng được bảo hiểm do một
rủi ro được bảo hiểm gây ra.
56
TERMINOLOGIES

➢ Insurer/ Underwriter/ Insurance company (người bảo hiểm): the


party that collects the insurance premium and is obligated to
compensate the insured for losses resulting from risks covered.
➢ Insured/ Assured (người được bảo hiểm): the party that pays the
insurance premium, suffers the loss if a risk occurs, and is entitled to
receive compensation from the insurer.
➢ Insurance premium (phí bảo hiểm): the non – refundable amount
of money paid by the insured to the insurer in exchange for coverage
and benefits under the insurance contract.

57
TERMINOLOGIES

➢ Insured amount (số tiền bảo hiểm): the maximum amount the
insurer is obligated to pay to the insured when a loss occurs within the
scope of insurance coverage.
➢ Subject matter insured (đối tượng được bảo hiểm): the insured
property or benefits.
➢ Risk insured (rủi ro được bảo hiểm): the risks that are agreed in
the insurance contract. The insurer only compensates for losses
caused by these risks.
➢ Insured value (giá trị bảo hiểm): the value of the subject matter
insured.

58
CONTENTS OF INSURANCE DOCUMENTS

❑ The insurer, the insured, the number of insurance document.


❑ Subject matter insured: name of goods, marking, quantity, transport
itinerary,etc.
❑ Insured amount
❑ Insurance clauses (Điều kiện bảo hiểm)
❑ Insurance premium
❑ Place of insurance claims and payment
❑ Date and place of issuing insurance document
❑ Number of originals issued: it can be one or more originals.
❑ In addition, the back side is pre-printed with terms and conditions
regarding responsibilities of insurer and insured.
59
FUNCTIONS OF INSURANCE DOCUMENTS

➢ Confirming that an insurance contract is signed.


➢ Confirming that the insurance premium has been paid, and the
insurance contract is now effective.
➢ Essential document in the claim file submitted to the insurance
company for compensation.

60
CLASSIFICATION OF INSURANCE DOCUMENTS

➢ Open policy/ Open cover (hợp đồng bảo hiểm bao): An insurance
contract covers all shipments of im-export goods at any time during a
specified period, according to agreed terms and conditions.
❑ Declaration under an open cover (tờ khai theo hợp đồng bảo
hiểm bao): A detailed declaration made by the insured for each
specific shipment under the open cover, signed by an insurance
company on the declaration form.
❑ Insurance Certificate (giấy chứng nhận bảo hiểm): An insurance
document issued by an insurance company to the insured, confirming
coverage for each specific shipment under the open policy, as an
alternative to signing on the declaration form.

61
CLASSIFICATION OF INSURANCE DOCUMENTS

➢ Insurance Policy (bảo hiểm đơn / đơn bảo hiểm): An insurance


document issued by an insurance company to the insured, confirming
coverage for a specific shipment. An insurance policy contains
complete information and terms on both sides, giving it legal value as
an insurance contract. In case of lawsuits, the insurance policy
serves as the legal basis for dispute resolution.
➢ Cover Note (phiếu bảo hiểm): An insurance confirmation
document issued by an insurance broker, which is not an insurance
certificate from an insurance company and therefore cannot be used
to claim compensation.

62
NOTES

❑ The insured on insurance documents may be nominated namely, “to


the order” or namelessly, so insurance documents are negotiable.
❑ In the trade term of CIF or CIP, if there is no agreement on the
insured amount, the seller must purchase insurance with a minimum
insured amount of 110% of the contract value.
❑ An insurance policy has a fuller legal value than an insurance
certificate.
❑ The effective date of the insurance document is the date it is issued
(signed), which must be on or before the delivery date.
❑ If more than one original insurance document is issued, all originals
must be presented.
63
COMMODITY/ GOODS DOCUMENTS
(CHỨNG TỪ HÀNG HÓA)

➢ COMMERCIAL INVOICE (HÓA ĐƠN THƯƠNG MẠI)

➢ PACKING LIST (PHIẾU ĐÓNG GÓI HÀNG HÓA)

➢ CERTIFICATE OF ORIGIN (GIẤY CHỨNG NHẬN XUẤT XỨ)

➢ OTHER COMMODITY DOCUMENTS (CÁC CHỨNG TỪ KHÁC)

64
COMMERCIAL INVOICE
(HÓA ĐƠN THƯƠNG MẠI)

65
DEFINITION OF COMMERCIAL INVOICE

Terminologies: Commercial Invoice – C/I; Invoice.


A commercial invoice is a document made by the seller and
presented to the buyer, indicating the details of the amount that
the seller requires the buyer to pay.

66
DEFINITION OF COMMERCIAL INVOICE

Comparison between commercial invoice (C/I) and bill of


exchange (B/E):
➢ Similarities:
❑ Both are made and issued by the seller.
❑ Both are used to demand payment from the buyer (debtor).
➢ Differences:
❑ C/I relates to foreign trade contracts.
❑ C/I does not require unconditional payment.
❑ C/I provides details of the amount to be paid, while B/E only shows
the total amount.
❑ C/I cannot be negotiated.
❑ C/I does not have its own laws.
67
FUNCTIONS OF COMMERCIAL INVOICE

➢ It is a primary document in the payment document set. If B/E is


included, C/I helps to check it; if not, the C/I serves as a substitute for
collecting payment.
➢ In customs and cargo insurance procedures, the C/I’s value is the
basis for calculating import and export taxes and insurance amounts.
➢ It provides details about goods, helps to check the contract
fulfillment by comparing the delivered goods as indicated on C/I with
those specified in the contract.

68
CONTENTS OF COMMERCIAL INVOICE

❑ Invoice title, issuance date, invoice number.


❑ Seller and buyer information.
❑ Detailed transport information.
❑ Goods details: name, marking, quantity, weight, unit price, total
value (both figures and words), Incoterms, etc.
❑ Payment method and details.
❑ Other information: contract number and date, L/C number and date,
origin of goods, customs tariff classification code (mã số phân loại thuế
quan), etc.
Note: The issuer’s signature on the invoice is not mandatory per UCP.

69
CLASSIFICATIONS OF COMMERCIAL INVOICE

➢ Pro-forma Invoice (hóa đơn chiếu lệ): similar to an invoice but not
for payment collection, typically used for offer.
➢ Provisional Invoice (hóa đơn tạm thời): used for provisional
payment of goods.
➢ Final Invoice (hóa đơn chính thức): after provisional payment with
a provisional invoice, the seller issues a final invoice to determine the
final total value of goods and make a final payment.
➢ Detailed Invoice (hóa đơn chi tiết): an invoice with detailed
analysis of the goods price into many items.

70
CLASSIFICATIONS OF COMMERCIAL INVOICE

➢ Consular Invoice (hóa đơn lãnh sự): an invoice confirmed by the


consulate of the importing country located in the exporting country,
used for calculating import taxes per certain countries’ regulations.
➢ Custom Invoice (hóa đơn hải quan): an invoice presented to
customs authorities for tax calculation because the invoice calculates
the value of goods according to customs tax price.
➢ Neutral Invoice (hóa đơn trung lập): an invoice that omits buyer
and seller details, used in intermediary trading to enable the buyer to
sell goods to others.

71
PACKING LIST
(PHIẾU ĐÓNG GÓI HÀNG HÓA)

72
DEFINITION OF PACKING LIST

Terminology: Packing List - P/L.


Packing list is a document made by a manufacturer/ exporter
when packaging goods, with a detailed declaration of all goods
including weight, volume, etc. contained in each package to
facilitate the delivery, receipt, and count of goods.

73
DEFINITION OF PACKING LIST

➢ It can list all packages or just one package.


➢ If it is declared for one package, at least three originals of P/L
should be made:
❑ 1 original placed inside the package.
❑ 1 original used for combining with packing lists of other packages
into a set and placed inside the first package.
❑ 1 or more originals used for preparing the set of payment
documents.

74
CONTENTS OF PACKING LIST

❑ Title, P/L number (if any).


❑ Seller and buyer information (if any).
❑ Transport itinerary information.
❑ Goods details: name, marking, description, etc.
❑ Detailed declaration of the packaging of goods: package number,
packaging method, the quantity of goods in the package, weight,
volume of the package, and total number of all packages, etc.
❑ Additional information: manufacturer and packer details, contract
number and date, L/C number and date, invoice number and date,
etc.

75
CERTIFICATE OF ORIGIN
(GIẤY CHỨNG NHẬN XUẤT XỨ)

76
DEFINITION OF CERTIFICATE OF ORIGIN

Terminology: Certificate of Origin - C/O.


Certificate origin is a document issued by the manufacturer,
exporter, or authorized agency (usually the Chamber of Commerce)
in the exporting country to confirm the place of production or
exploitation of goods.

77
PURPOSES OF CERTIFICATE OF ORIGIN

➢ Identify import and export tax rates between countries that offer
trade and tariff incentives.
➢ For political and social purposes: explore the relationship between
aid-giving and aid-receiving countries; as well as trade embargo.
➢ For market purposes: importers may require a certificate of origin to
ensure that the product is sourced from a specific country.

78
PURPOSES OF CERTIFICATE OF ORIGIN

➢ Identify import and export tax rates between countries that


offer trade and tariff incentives.
Conditions for tax incentives based on C/O:
❑ The goods must be on the list of products eligible for tax incentives
under a bilateral or multilateral preferential tariff agreement between
the exporting and importing countries.
❑ The C/O must be in the standard form and issued by an authorized
agency in the exporting country, which varies depending on the type of
C/O and respective regulations.

79
PURPOSES OF CERTIFICATE OF ORIGIN

➢ For political and social purposes.


❑ Relationship between aid-giving and aid-receiving countries: When
aid is provided as goods, the customs authority of aid-receiving country
requires the importing organization to present a C/O that indicates the
origin of the aid-giving country to obtain preferential tariffs.
❑ Trade embargo between two countries: For example, country A
prohibits the importation of goods from country B. The customs
authority in country A requires importing companies to present a C/O
indicating the goods originate from a country other than country B.

80
PURPOSES OF CERTIFICATE OF ORIGIN

➢ For market purposes.


For example, French perfumes and Swiss watches are often
counterfeited, so importers require C/Os to confirm that their
products are French perfumes and Swiss watches. With these C/Os,
consumers have confidence and are willing to buy at a fair price.

81
CONTENTS OF CERTIFICATE OF ORIGIN

❑ Title, original, or copy.


❑ Seller and the buyer information.
❑ Transport itinerary information.
❑ Goods details: description, marking, quantity, weight, total value, etc.
❑ Sellers’ name, signature and confirmation of the declaration.
❑ Signature of the authorized agency in the seller's country.
The seller must prepare the content of C/O in the standard form,
submit it to the authorized agency for confirmation, and pay the
confirmation fee.

82
CLASSIFICATIONS OF CERTIFICATE OF ORIGIN

➢ Form A: issued for the goods coming from countries that get incentives
under the GSP system (Generalized System of Preferences - Chế độ Ưu
đãi Thuế quan Phổ cập).
➢ Form D: issued for the goods from ASEAN countries to get incentives
under CEPT/AFTA (Common Effective Preferential Tariff /Asean Free
Trade Area - Chương trình ưu đãi thuế quan có hiệu lực chung để thành
lập khu vực thương mại tự do ASEAN).
➢ Form E: issued for the goods getting tariff incentives under the FTA
(Free Trade Agreement – Hiệp định Thương mại tự do) between ASEAN
and China.
➢ Form AJ: issued for the goods receiving tariff incentives under the FTA
(Free Trade Agreement) between ASEAN and Japan.
83
CLASSIFICATIONS OF CERTIFICATE OF ORIGIN

➢ Form AK: issued for the goods receiving tariff incentives under the FTA
(Free Trade Agreement) between ASEAN and South Korea.
➢ Form T: issued for textile products exported to the European Union
(EU) market.
➢ Form O: issued for coffee products exported among member countries
of the International Coffee Organization (ICO – Hiệp hội Cà phê Thế giới).
➢ Form X: issued for coffee products exported to countries that are not
ICO members.
➢ Form B: issued for the goods that are not under the requirements of
other types of C/O.

84
OTHER COMMODITY DOCUMENTS

❑ Certificate of Quantity (giấy chứng nhận số lượng).


❑ Certificate of Weight (giấy chứng nhận trọng lượng).
❑ Certificate of Quality (giấy chứng nhận chất lượng).
❑ Veterinary/ Health Certificate (giấy chứng nhận kiểm dịch động vật).
❑ Phytosanitary Certificate (giấy chứng nhận kiểm dịch thực vật).
❑ Sanitary Certificate (giấy chứng nhận vệ sinh).
❑ Fumigation Certificate (giấy chứng nhận khử trùng).
❑ Beneficiary’s Certificate (giấy chứng nhận của người thụ hưởng),
Shipment Advice (thông báo giao hàng).

85
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