The full procedure for exporting goods
After the conclusion of a foreign trade contract, the parties must be responsible for the implementation of the terms of the foreign trade contract and compliance with national and international law.
Here are the steps and how to do for importers and exporters:
1. Prepare export goods.
To fulfill the commitments in the export contract, the exporter shall have to prepare the export goods. Bases for preparation of export goods are contracts signed with foreign parties and / or L / C (if the contract stipulates payment by L / C).
The preparation of exports consists of three main stages: the gathering focuses on the export lot, the packaging and the export sign.
Asian. Collectors focus on export consignments.
Foreign trade is usually conducted on a large scale while the production of exports in our country is basically a scattered, fragmented production, so in many cases, To make a lot of export goods, the import and export goods owners must collect concentrated from many goods lots (production and purchasing establishments). The legal basis for doing so is to enter into an economic contract between the importer and the exporter. The economic contract for the export of goods may be export contracts, contracts contract processing, export contract, export contract, export contract, export contract, joint venture contract .... The principles, procedures and contents are set out in the 2005 Civil Code, Commercial Law and related documents.
b. Packaging for exports.
In international trade, although many goods are bare or leave, most of the goods require packaging during transport and storage. Therefore, packaging, packaging, coding is an important part of the preparation of goods.
To do well in the packaging business, on the one hand need to master the packaging that the contract stipulates, on the other hand need to know the specific requirements of the packaging to choose the appropriate packaging. .
(i). Type of packaging
In international trade, many types of packaging are used. The common types are:
- Case (box, case): All items of relatively high value, or perishable, are packed in a coffin. Commonly used are wooden case, plywood case, double case, and metallized case and fiberboard case.
- Bag: Some agricultural products and chemical materials are usually packaged. Common types of packaging are: gunny bag, cottonbag, paper bag and rubber bag.
All types of goods can be compressed and the quality is not damaged, they are packed in bales or packages, the outside is usually tied with steel wire.
-Banks (barrel, drum): Liquid, powdered and many other kinds of goods must be packed in barrels. Wooden barrels, plywood barrels, steel drum, aluminum drum and fiberboard drum.
In addition to the usual packaging, there are crates, bundles, rolls,
(bottle), jar (carboy), chum (jar) ...
The above packaging is outer packing. There are also inner packing and immediate packing.
The materials used for inner packaging are cardboard, cotton, tarpaulins, gunny, foil, oil and grease. In the package, there are some additional materials, for example: excelsior, wood shaving, paper waste, stiropore ... sometimes cotton to lined in.
In recent decades, synthetic materials have been used to make packaging materials such as PE, PVC, PP or PS thin films.
In addition, the development of container, palette, tent (airplane - igloo) tugs, loading and unloading and loading of goods on means of transport.
(ii). Factors to consider when packaging.
The general requirement for the packaging of foreign trade is "safe, cheap and aesthetically pleasing". This means that the packaging must ensure the integrity of the quality and quantity of the goods from the place of production to the consumer, ensuring that the cost of the product is reduced, but at the same time ensuring that the product is attracted. the mind of the consumer. When selecting the kind of packing material, packaging material and packaging method, the import and export goods owners shall have to take into account the things already agreed upon in the contract. appearance, appearance, color, status of the goods) for environmental impacts and loading conditions. In addition, the following factors should be taken into account:
- Transport Conditions: When choosing a package, one must consider the length of the journey, the method and duration of the transport, the possibility of transhipment along the road, the proximity to other goods in the process. carriage...
- Climate condition: For goods delivered to countries with high humidity (up to 90%) and average temperatures of 30-400C, or goods passing through countries with such climate, The envelopes must be particularly durable. Usually, these are wooden or metal boxes that are welded or sealed. Inside the package is a waterproof and / or PE film. Metal parts, susceptible to rust, grease on the outside.
Legal and tariff conditions: In some countries, the law prohibits the importation of packaged goods made from certain materials, for example in the United States and New Zealand. Containers made of hay, straw, hawthorn, etc. are not allowed. Some other countries allow such type 1 importation if they provide documentation that the packaging material has been disinfected.
In addition, the packaging and packaging materials method directly affects import tariffs in some countries in the United Kingdom, which require the presentation of proof of origin. packaging to apply preferential tariffs to goods imported from countries in the United Kingdom.
For weight-bearing products, some countries that collect "net weight" are the remaining weights after taking the gross weight of the product minus the weight declared by the customs authorities. courtyard. In this case, it is clear that the weight of the package can affect the import tariff.
- Conditions for transportation costs: Charges are usually calculated by weight or volume of goods. Therefore, reducing the weight of packaging or narrowing the volume of goods will save shipping costs. In addition to reducing the cost of transportation also to prevent theft during the carriage. In order to satisfy these conditions, it is often used lightweight, durable packaging that takes advantage of the space of the package, shrinks the goods themselves, and does not reveal the mark of the goods are wrapped. in the package ...
c. The signers of export goods
Signing (marking) are signs, words, numbers or drawings inscribed on the outer packaging in
order to inform the details necessary for the delivery, loading and unloading or preservation of goods.
Signers are a necessary part of packaging process in order to:
- Ensure smooth delivery.
- Guiding methods, techniques for preservation, transportation, loading and unloading of goods.
Signed code should include:
+ The necessary signs for the consignee such as the name of the receiver and the sender name, net weight and weight of the package, contract number, shipment number and serial number.
+ The details necessary for the organization of the carriage of goods such as: country name and place of arrival, country and name of place of departure, journey of carriage, number of bill of lading, name of ship, number of trip go.
+ Signs to guide the way of loading, unloading and storage of goods on the way from the place of production to the place of consumption, such as fragile, open this place, avoid rain, dangerous ...
The signers need to meet the following requirements: Bright, easy to read, not fading, waterproof, paint (or ink) does not affect the quality of goods.
In order to form a consignment, in addition to the above, the export business unit must also inspect the goods and obtain a certificate of conformity of the goods with the contract (quality certificate , quarantine certificate ...).
2. Quality control
Prior to delivery, the exporter is obliged to inspect the quality, quantity, packaging (ie test) or if the exported product is an animal or plant to be tested for spread of the disease. (animal quarantine, plant quarantine).
Testing and quarantine are conducted at two levels: at the grassroots and in the border gates. in which the inspection at the grassroots level) in the production unit, processing purchase, such as enterprise countries ...) is the most decisive and most effective. Also, the inspection of goods at the border gate has the effect of verifying the results of inspection at the establishment and carrying out international procedures.
Testing at the facility is carried out by the "quality control" organization (KCS). However, the head of the unit is still responsible for the quality of the goods. So on the certificate of quality, beside the signature of the department of the KCS, must be signed by the head of the unit.
Plant quarantine at the grassroots level is provided by the plant protection department (in the district, or on the farm.) Animal quarantine at the facility is a veterinary clinic (or station) (district, of the farm).
The Veterinary Bureau and the Plant Protection Bureau all have branches at the border gates (such as ports and international stations). Export-import inspection company is also located at the stations and branches of the company. Therefore, if there is a requirement to inspect goods at the border gates before sending the goods for export, the shop owner shall request the certification body (in terms of quality or the quarantine) of the goods for a delay period. especially 7 days before shipment.
3. Renting means of transport, freight
In the course of performance of a foreign trade contract, the charter of a cargo ship shall be conducted on three bases: the terms of the foreign trade contract, the characteristics of the goods and the conditions of transportation.
For example, if the base of delivery of the export contract is CIF or C and F (port of destination) or the import contract is FOB (port of departure), the import and export owner must hire a ship to carry the goods. This vessel can be a bulk ship if bulk cargo. Therefore, there may be a liner if it is sporadic, odd, general cargo and on a regular line. Renting a ship's space is also known as Booking a ship's space.
If the delivery terms of the export contract are CPT (port of arrival) or CIP (port of destination) or the import contract is FCA (port of departure), the owner of the import or export must rent the container or vessel Ro / Ro to carry goods. In the case of containerized cargo transport, the cargo is delivered to the carrier in one of two modes:
* If a container has full container load (FCL), the store owner must register for the container rental, bear the cost of empty container container (CY container yard) to his premises, packing the container, then delivered. for carrier.
* If the container is less than container (LCL), the store owner must deliver the goods to the container freight station (CFS).
Renting a vessel, free of charge requires professional experience, information on the market and the conditions of chartering. Therefore, in many cases, the importer / exporter usually entrusts the hiring of a vessel to a shipping company such as a charterer and a maritime brokerage company, a shipping agent company ( VOSA) ...
The legal basis for regulating the relationship between the two parties to the charterer-hiring contract with the charterer is the contract of entrustment. There are two types of charter contract:
+ Contract for charter ship all year.
+ The contract of consignment
Importers and exporters shall base themselves on the characteristics of the goods to select appropriate types of contracts.
4. Buy insurance
Commodities carried at sea are often subject to many risks and losses. Therefore, marine insurance is the most common type of insurance in foreign trade.
Our export and importers, when they need to buy insurance, are bought at a Vietnamese company. An insurance policy can be an open policy or a voyage policy. When buying insurance, the owner (ie import-export business unit) signed a contract from the beginning of the year, until
the delivery of goods on board the shipment is sent only to the insurance company a written notice called When a trip notice is issued, the owner of the goods must send to the insurer a written "Claim Form". On the basis of this "Request Form ...", the owner and the insurance company negotiate to sign the insurance contract.
5. Customs clearance
Goods crossing the national borders for export or import must be handled by customs officers. Customs clearance consists of the following three main steps:
Asian. Customs declaration
The owner declares the details of the goods on the customs declaration for customs inspection of the paperwork. The requirements of this claim are true and correct. The contents of the declaration shall include such items as: Goods, (goods traded, goods traded by border crossing for temporary import for re-export ...), goods names, serial numbers, volumes, goods value and names Transport, export or import to any country ... customs declarations must be accompanied by a number of other documents, mainly import and export invoices, bills of packing, lists detail.
b. Show goods
Import and export goods must be arranged in a convenient manner for control. Shippers must bear the cost and labor of opening and closing packages. Requirements for the presentation of the goods
is also the honesty of the shippers. In order to carry out procedures for inspection and supervision, the shippers must submit customs procedures.
c. Carry out customs decisions
After checking the documents and goods, customs will issue decisions such as: allow goods to cross the border (customs clearance), allow goods to pass through conditionally (such as repairs, packaging Again ...) for passing goods after the owner has paid tax; bonded warehouse can not be exported (or imported) ... the obligation of the owner of the goods is to strictly implement those decisions. Violation of such decisions is criminal.
6. Delivery and delivery
Our exports are delivered, basically, by sea and by rail. If goods are delivered by sea, the goods owners shall have to:
- Based on the details of the shipment, make a shipping plan for the carrier (maritime representative or master or shipping agent) in exchange for a stowage plan.
- Talk with port authority to keep track of hours worked.
- Arrange means to bring goods into port, queue on board.
- Get the Mates receipt and change the receipt of the boatman to get the bill of lading.
The bill of lading must be the perfect bill of lading, clean on board B / L and must be transferable (Negotiable).
If the goods are delivered by container when occupying a full container (FCL), the owner must register the container hire, packing the goods into the container and list the goods in the container (container list). When the cargo does not occupy a container (LCL), the cargo owner must make a "cargo list". After the registration is approved, the shippers deliver to the container terminal for the carrier.
If goods are transported by rail, goods owners shall have to promptly register with the railway offices to apply for carriages according to the nature of goods and cargo volumes. When they have been granted a carriage, the goods owners organize the loading and unloading of lead pairs as transport documents, of which the main part is the railway bill of lading.
7. Payment procedure
Asian. Payment by letter of credit
If the export contract provides for the payment by letter of credit, the export business unit must urge the overseas buyer to open the letter of credit (L / C) on time and after receipt of the L / C, L / C and convenient to collect money for export L / C. If L / C does not meet these requirements, it is necessary to force the buyer to revise and then deliver.
When setting up payment documents, the important points to be thoroughly understood are: Quick, accurate, in accordance with L / C requirements both in content and form.
b. Payment by Receipt
If the export contract provides for the payment of goods by way of collection, immediately after the delivery of the goods, the export business unit must complete the preparation of the documents and produce to the bank to entrust to the bank the collection money change.
Payment documents should be valid, accurate and promptly delivered to the bank for quick return of capital.
If the import contract provides for the payment of goods by way of collection, the importing business unit shall, after receipt of the goods at the foreign bank, receive a documentary inspection within a specified period of time. In this case, the importing business unit has no legitimate reason to refuse to pay, the bank considers the claim as valid. Past the prescribed time limit for the inspection of documents, any disputes between the seller and the purchaser regarding the payment for the goods shall be settled directly between them or through arbitration.
c. Payment by Funds Transfer
There are two cases of money transfer (T / T) that the buyer transfers the money before delivery or the seller delivers the goods in advance but allows the buyer to transfer money later.
Because of the money transfer business that the payment method of risk should be carefully considered and negotiated before deciding the time of money transfer.
8. Complaints and settlement of complaints
If the import and export goods owners find out that the imported goods have been damaged, broken, missing or lost, they must file the complaint immediately so as not to miss the time of complaint.
The subject matter of the complaint is the seller, if the quality or quantity is not consistent with the contract, improper packaging, delivery deadline, delivery asynchronous, payment of confusion. ..
The subject of the claim is the carrier if the cargo is lost during the carriage or if the loss is caused by the carrier's fault.
The subject of the complaint is the insurance company if the goods - the subject of the insurance are damaged by natural disasters, casualties or third-party causes, when these risks have been insured.
Complaints must be accompanied by proof of loss (such as an assessment, COR, ROROC or CSC, etc.), bill, bill of lading, insurance policy (if the claim is lodged with the insurer) etc ...
When performing the export contract, if the export goods owner is claimed for compensation, it is necessary to take a serious and careful attitude in considering the requirements of the customer (the importer). The resolution must promptly have a reasonable situation.
If the complaint of the customer is the basis, the exporter can solve by one of the methods such as:
- Missing goods.
- Good delivery replaces bad quality goods.
- Repair damaged goods;
Discount on the price at which the discount amount is covered by the goods delivered at a later time.
If the complaint is not resolved satisfactorily, the two parties may sue each other at the arbitral tribunal (if the arbitration agreement) or at the court.