Professional Documents
Culture Documents
(1) Title
(2) An unconditional order to pay a determinate sum of money
(3) Drawee
(4) The time of payment
(5) The place where payment is to be made
(6) Payee/ Beneficiary
(7) Date and Place of Issue
(8) Drawer
4.2. A Check/Cheque
- Definition:
A check is an unconditional payment order issued by the owner of a deposit account that
requires the bank to deduct money from his account to pay the person named on the check, to
pay at his behest, or to pay the person holding the check a certain amount in cash or by bank
transfer.
- Classification of Cheque
+ Based on the transferability of the Cheque: Nominal Cheque, Cheque to Bearer. Cheque to
Order.
+ Based on the form of Cheque: Generally Crossed Cheque, Specially Crossed Cheque, Non-
Crossed Cheque.
+ Based on the use of the Cheque: Transferable Cheque, Cash Drawing Cheque, Cash Cheque,
Traveller’s Cheque.
+ Based on the solvency of the check: Certified Cheque, Non–Certified Cheque.
- Payment process:
+ Cheque circulation through a bank:
BANK
(3) (4)
(5)
(1)
EXPORTER IMPORTER
(2)
(1) The remittance bank transfers money abroad (the paying/reimbursement bank) by MT or
T/T at the request of the remitter after collecting the transfer amount and the transfer fee
of the money transmitter.
(2) The bank pays the money transfer to the beneficiary
- Modes of transition
+ Mail Transfer -M/T
+ Telegraphic Transfer (T/T)
- Methods of paying money-free transfer
+ Full costs are borne by beneficiaries
+ The money transmitter pays a fee to the bank transferring money
+ Full remittance costs are borne by the transferor
6.2. Open Account
- Definition
In an open account transaction, the seller ships or delivers goods and sends shipping
documents including invoices directly (not using a banking system) to the buyer without
receiving payment, and the buyer will pay at a future due date. The seller extends credit to the
buyer by allowing them to pay in arrears.
- Features of payment methods:
This is a payment method without the participation of the bank in each delivery with the
function of being the account opener and executor of the payment.
Only open single-margin accounts, do not open parallel accounts. If the buyer opens an
account to record, the account is only a tracking account, with no payment value between the two
parties, in each payment
- Process
(1) The seller delivers the goods, or services together with sending the goods documents to
the buyer.
(2) The seller reports the debt directly to the buyer.
(3) The buyer uses the method of transferring money or issuing a check... to pay the seller
when it's time for payment
- Note when using the open account method
+ Uniform regulations on the amount of money recorded on the account
+ What is a seller's debit
+ Unify receives debts from the buyer is gì
+ Unify means of money transfer
+ Agree on payment time
+ Solve late payment cases
+ Resolve in case there is a discrepancy between the amount received and the amount
debited
6.3. Collection of payment
- Definition:
A collection method is a payment method in which the seller, after completing the
delivery of the goods or providing a certain service to the customer entrusts his bank to collect
the amount from the buyer based on the seller's receipt.
- Parties involved
+ Principal
+ Remitting Bank
+ Collecting Bank
+ Payer (Drawee)
- Types of collection and payment process
+ Clean collection
+ Documentary Collection
Clean Collection
- Definition
Clean collection - is the collection of financial documents (Bills and Notes, checks, and
other similar documents used for payments) when they are not accompanied by commercial
documents.
- Process
(1) Enter into a contract of sale, including a payment clause stating the application of the
"clean collection" method.
(2) Exporter sends goods and sets of trade documents directly to the Importer payer
(3) The exporter submits a request for collection of the same set of financial documents
to the bank for collection to collect money from the Importer.
(4) Remitting Bank prepares and sends orders for the collection of financial documents to
Collecting Bank to collect money from Importers.
(5) Collecting Bank announces the order to the Importer.
(6) Importer pays or accepts payments.
(7) Collecting Bank transfers proceeds or accepted promissory notes to Remitting Bank.
(8) Remitting Bank transfers money for collection or accepted promissory note to the
exporter.
Documentary collection
- Definition
Documentary collection is the collection of financial documents accompanied by
commercial documents (invoices, transport and insurance documents, etc.), as well as a
collection of commercial documents only.
- Types of Documentary Collection
+ D/P: Documents against payment
(1) The idea of combining the contract of sale in which the payment stipulates the method
of the collection with documents
(2) The exporter delivers the goods to the importer but does not deliver the goods
documents.
(3) The exporter shall send the draft and the set of goods documents to the entrusted bank
for collection of money from the importer.
(4) The bank asks the collector to make an order for collection and sends the same set of
documents to the collection bank.
(5) The collection bank notifies the collection order and presents the set of documents to
the importer.
(6) The importer complies with the order by way of Immediate payment by draft, check
the promissory note, or a promissory note or debt receipt
(7) The collection bank shall hand over the set of commercial documents to the importer.
(8) The collection bank transfers money by collection, or the acceptance bill or debt
paper to the bank for collection.
(9) The bank asks for the remittance of the collection, or the acceptance bill or debt paper
to the exporter
6.4. Documentary Credit
- Definition:
A documentary credit (or letter of credit) is a definite undertaking of the issuing bank to
pay a complying presentation (presentation of documents). An issuing bank would pay a
beneficiary (normally the seller) if the documents presented comply with the terms and
conditions of the credit.
- Participants:
+ Traders
Importers, also known as L/C requesters
Export enterprises, also called sellers, beneficiaries
+ Banks
Issuing Bank, also known as Opening Bank: This is a bank representing importers,
providing credit to importers. Open bank L/C is agreed upon, selected, and stipulated
by the two parties in the contract, if there is no prior provision, the importer has the
right to choose. Normally, the L/C open bank is the bank that serves the importer, but
in case the seller does not trust this bank, it can be any bank at the request of the
seller.
Advising Bank letter of credit: Also known as a correspondent bank is required by the
issuing bank to notify the exporter of the opening of the L/C. The L/C notification
bank is usually the correspondent bank of the L/C open bank in the exporter's
country.
Confirming Bank is the bank that certifies L/C for the L/C open bank at the request of
the L/C open bank.
A Paying Bank is an L/C open bank, or it may be another bank authorized by the L/C
open bank to take over the payment. If the place of payment is specified in the
exporter's country, the paying bank is usually the L/C notification bank.
- Process:
(1) Contract is signed between buyer and seller, stipulating that payment is to be
made by documentary credit.
(2) Buyer requests a documentary credit be issued. The buyer (applicant) asks his
bank (issuing bank) to issue a documentary credit in favor of the seller
(beneficiary), not requiring confirmation by the seller's bank, and specifying the
documents required to import the goods.
(3) Buyer's bank verifies buyer's creditworthiness. The issuing bank checks the
buyer's creditworthiness and verifies the signatures on the documents to ensure
they are valid, and then makes sure the instructions are clear and complete.
(4) Buyer's bank issues documentary credit. The buyer's bank issues the documentary
credit and forwards it to the seller's bank through the SWIFT network. The buyer
receives a copy of the message.
(5) Seller's bank examines documents. The seller’s bank (advising bank) verifies the
authenticity of the documentary credit and examines the documents to make sure
they follow UCP (Uniform Customs and Practice) rules. It also checks the
instructions to ensure they contain no errors.
(6) Seller is notified. Advising bank informs seller (beneficiary) that it has received a
documentary credit in his favor.
(7) Seller verifies documents. Beneficiary verifies that the terms and conditions
stipulated in the documentary credit match those set out in the sales contract. If
the beneficiary disagrees with any of the terms or conditions, he must ask the
buyer to amend the terms.
(8) Goods are shipped. Seller ships the goods and prepares the documents requested
in the documentary credit instructions.
(9) Seller presents documents to his bank. The seller presents the documents to his
bank.
(10) Seller's bank examines documents. The seller's bank verifies that all
documents comply with the documentary credit terms. Any errors may result in
the seller not being paid.
(11) Seller's bank forwards documents. The seller’s bank forwards the
documents to the buyer's bank with a payment request.
(12) Buyer's bank examines documents. Buyer's bank in turn verifies the
documents to ensure they comply with the documentary credit terms.
(13) Buyer's bank forwards payment. If the documents comply with the terms,
the buyer's bank forwards payment to the seller’s bank, less applicable fees.
(14) Account is debited and documents delivered. The buyer’s bank debts its
buyer's account for the amount of the documentary credit less applicable fees and
delivers all documents to the Buyer can then clear the goods through customs and
take possession of them.
(15) Seller receives payment. The seller’s bank credits the payment amount to
the seller's account, less applicable fees.
- Types of L/C
+ Revocable letter of credit is an L/C type that the importer can modify, or cancel at any
time without prior notice to the seller. But to amend, or cancel, it must be done before the
exporter delivers the goods and presents the set of documents to the bank for notification.
+ If the letter of credit is type L/C after it has been opened, the L/C open bank may not be
amended, supplemented, or canceled during its validity period, unless agreed upon by the parties
to the L/C.
+ Confirmed irrevocable L/C is an irrevocable L/C type that cannot be canceled by
another bank that guarantees payment at the request of the open bank L/C. The responsibility of
the confirming bank is the same as that of the open bank L/C, so the L/C open bank must pay the
confirmation fee, sometimes even having to deposit up to 100% of the value of L / C at the
confirmation bank (full cash cover).
+ Revolving L/C is a type of L/C that cannot be canceled after use or has expired, it has
the same value, and so on until the total contract value is fulfilled.
+ Back-to-back L/C is a type of letter of credit that is opened based on another L/C
(original L/C). This type of L/C is usually used by exporters to pay suppliers for their goods for
export.
+ Stand by L/C is a type of L/C in which the open bank L/C commits to the importer to
pay them back in case the exporter does not fulfill the delivery obligations set by L/C. Backup
L/C is usually applied in the case of credits that the orderer grants to the producer such as
deposit, advance, L/C opening costs, etc.
+ Reciprocal L/C is a type of L/C that only begins to have an effective value when the
other L/C corresponding to it has opened.
+ (Deferred payment L/C is an irrevocable L/C type in which the bank opens L/C, or the
bank confirms that L/C commits to the beneficiary, to gradually pay the full amount of L/C
within the time limits specified in that L/C.
+ Irrevocable without recourse L/C is a type of L/C that after the exporter has been paid,
the L/C open bank does not have the right to reclaim the exporter's money under any
circumstances. When using this type of L/C, the exporter must write on the bill of exchange the
sentence "exempt from recourse to the signatory" and in the L/C must also write the same.
Recourse exemption L/C is also widely used in international payments.
+ Transferable L/C means an irrevocable L/C, which provides for the right of the paying
bank to pay all or part of the amount of L/C to one, or more persons at the behest of the first
beneficiary. L/C transfers can only be transferred once. Transfer costs are usually borne by the
first beneficiary
- Contents of L/C
+ L/C number, location, and opening date.
All L/Cs must have their Credit No. for exchanging letters and telegrams related to the
implementation of L/C. L/C numbers are also used to write relevant documents in the
L/C payment document (for example, bills must always include L/C).
The L/C open location is where the L/C open bank writes a commitment to pay the
exporter. It makes sense to choose the applicable law when a dispute arises if there is a
conflict of law over that L/C.
Date of issue is the date on which the L/C open bank's commitment to the exporter arises,
the date on which the L/C open bank officially accepts the importer's L/C open
application, the start date for calculating the L/C validity period, and finally the basis for
the exporter to check that the importer is a real importer. whether the opening of L/C is
on time specified in the contract.
+ Names and locations of people involved in the document credit method.
Traders include importers (L/C beneficiaries) and exporters (L/C beneficiaries).
Banks participating in the document credit method include L/C open bank, notification
bank, payment bank, and confirmation bank.
+ Amount of L/C
The amount of L/C is both written in letters and numbers and agreed with each other. The
name of the currency should be clear because it is the same name as the dollar, but there are
many different types of dollars in the world: the United States dollar (USD), and the Hong Kong
dollar (HKD). The amount should not be recorded as an absolute number because it is stated that
it is difficult for exporters to deliver goods with the correct value as prescribed by L/C,
especially for bulk items such as coal, rice, and corn ...
+ Validity period, payment term, the delivery term
The validity period of L/C is the initial period from the date of opening L/C to the
expiration date of L/C. The opening date of L/C must be a reasonable period before the
date of delivery. The expiration date of the L/C must be immediately after the delivery of
the goods for a reasonable period, which must be at least greater than or more than 21
working days.
Date of payment: It can be either out-of-service or postpaid, depending entirely on the
contract. The payment period may be within the validity period of the L/C (if it is L/C
paid immediately and the exporter presents the document early - at least 5 days before the
expiration date (UCP 600), or 7 days (UCP 500) working), or maybe outside the validity
period.
Shipment date: set by contract and L/C. If the two parties agree to extend the delivery
period by as many days, the seller must also offer to extend the validity period of L/C.
Conversely, if both parties agree to extend the validity period of L/C. Without
mentioning the extension of the delivery deadline, the seller is forced to deliver on time,
not automatically extending the delivery deadline.
+ Valid expiration location and payment location
Sellers often want the expiry location, and the payment location in their home country,
because they can be completely proactive in presenting payment documents, and the collection is
also done earlier. In contrast, buyers expect L/C's expiry date and payment locations in their
home country because they don't have to pay early.
+ Contents of goods such as Name, quantity, weight, price, quality specifications, packaging,
symbols ...
+ Contents of transportation and freight forwarding such as Delivery conditions (FOB,
CIF ...), place of sending and place of delivery, how to transport and how to deliver goods ...
+ What documents the exporter must present, the number of copies of each type of death
certificate, the requirements for how to sign each type of document
+ L/C open bank payment commitment
Example " We hereby engage with the drawers, endorsers, and bona fide holders of the
draft(s) drawn and presented by the terms of this credit, that the draft(s) shall be fully honored on
presentation" payment/acceptance upon presentation).
+ Other special terms in addition to the above, L/C may also have other contents such as
reference to the legal basis used in payment by L/C.
+ Signature of the open bank L/C.