Professional Documents
Culture Documents
Chapter 1
OVERVIEW OF INTERNATIONAL PAYMENT
In this chapter
1.Definitions and features
2.Roles of International Payment
3.Legal framework regulating International Payment
4.Conditions for International Payment
5.Parties involved in International Payment
1. Definitions and Features
●Foundation basis
●Definitions
●Features
1.1. Foundation basis
Foreign Trade Operation
-International Payment
-Transportation in Foreign Trade
-Insurance in Foreign Trade
-Law in International business
-Foreign exchange
1.2. Definitions
●International payment is the execution of payment duties and beneficial interest based on economic and non-economic activities between organizations and/or individuals from 2 countries or
more; or between a nation and international organizations, via banking relation in revelant countries.
1.2. Definitions
●Trade payment
●Non-trade payment
1.3. Features
●International Payment is governed by internation law and practices.
●International Payment is conducted mostly via banking system. -> At least 2 banks would participate.
●Cash is not mostly used in International payment.
●At least one party use a foreign currency (except for the case of Common currency)
●English is the main language in International payment.
●Dispute settlement by arbitrators or courts base on both sides’ agreement.
Chapter 2
MEANS OF PAYMENT
In this chapter
1.Bill of exchange (B/E)
2.Promissory Note
3.Cheque / Check
4.Payment cards
1. Bill of Exchange
1.Definition
2.Features
3.Forms and content
4.B/E acceptance
5.B/E endorsement
6.B/E guarantee
7.B/E Protest
8.B/E discount
9.Classification
1.1. Definition
●Bill of exchange means a valuable paper created by a drawer, requesting the drawee to pay unconditionally a specific sum upon demand or upon a fixed time in the future to the beneficiary.
(Article 4.2, Law on Negotiable instrument 2005)
1.1. Definition
●An unconditional order in writing from the drawer (usually seller) to the drawee (e.g.confirming bank or issuing bank), directing the drawee to pay a specified amount to a named drawer at a
fixed or determinable future date.
English Bill of Exchange Act of 1882
1.1. Definition
●Law governing:
- Uniform Law for Bills of Exchange – Geneve Convention 1930 (ULB 1930)
- Bill of Exchange Act of 1882
- Uniform Commercial Codes of 1962” (UCC)
- Law on Negotiable instruments - Luật các công cụ chuyển nhượng Việt Nam 2005.
Parties involved
●Drawer
●Drawee
●Beneficiary
1.2. Features
●Abstraction
●Obligatory payment
●Circulation
Classification of Acceptance
Based on the amount of money accepted for payment
●Full acceptance
●Partial acceptance
Based on the party who accept
●Trade acceptance
●Banker’s acceptance
Classification of B/E
1. Based on the terms of payment
- (At) sight draft: B/E that is payable as soon as it is shown to the drawee.
- Usance / Time / Term draft: B/E that is payable at a specified time after it is written.
2. Based on whether the documents are included or not
- Clean draft
- Documentary draft
Classification of B/E
3. Based on B/E’s negotiability
- Nominated / Nominal draft:“Pay to Mr. X” (rarely used)
- Order draft: “At … sight of this first bill of exchange pay to the order of <name of bank> the sum of …”
- Bearer draft / bill
+ “At … sight of this first bill of exchange pay to … (blank)” / “At … sight of this first bill of exchange pay to the order of … (blank)”
+ Blank endorsement / Order endorsement in blank
Classification of B/E
4. Based on the kinds of drawers
- Commercial bill / Trade bill: a B/E used in the buying and selling goods.
- Bank bill: a B/E given by a bank and instructing another bank to pay money to someone.
2. Promissory Note
●A buyer's written promise to repay a loan within specific time
●Not commonly used in International Trade
●Definition
●Parties involved
●Features
●Content
●Validity and Presentation
●Classification
3. Cheque / Check
3.1. Definition
●A cheque is a written authorization to pay or order money from an account to the payee.
●Cheques are issued by financial institutions such as Banks, Building and Saving Societies, Post Offices etc
3.1. Definition
●Law governing:
- Uniform Law on Cheque– Geneve Convention 1931 (ULC 1931)
- Law on Negotiable instruments - Luật các công cụ chuyển nhượng Việt Nam 2005.
3.3. Features
●Abstraction
●Obligatory payment
●Circulation
3.4. Content
●Title “Check / Cheque”
●Date of issuance
●Place of issuance
●Drawee
●Drawer’s account
●Request for unconditional payment
●Beneficiary
●Drawer’s name and signature
4. Payment Card
●History of payment card (textbook)
●Definition
●Technical description
●Parties involved
●Process of payment card circulation (textbook)
●Classification
●Benefits of payment cards (textbook)
4.2. Definition
●Payment cards: means of payment issued by banks or financial institutions so that card holders can withdraw, top up, make payments or remittance.
4.6. Classification
●Based on region
-Domestic cards
-International cards
●Based on issuing organization
-Cards issued by bank
-Cards issued by non-banking institution
4.6. Classification
●Based on card features
-ATM card
-Debit card
-Credit card
4.7. Benefits
●For card holders
●For banks
●For merchants
●For the society
Chapter 3
MODES OF PAYMENT
In this chapter
1.Remittance
2.Open account
3.Collection
4.Cash against documents (CAD)
5.Documentary Credit (Chapter 5)
1. Remittance
●Definition
●Parties involved
●Classifications
●Remittance procedure
●Outward and inward remittance in commercial bank
●When to use?
1.1. Remittance
●An arrangement whereby buyer requests his bank to remit a fund to the account at seller's bank.
1.3. Classification
Based on Forms of Remittance
●M/T: Mail transfer
●T/T: Telegraphic transfer
Based on Purposes of Remittance
●Trade remittance
●Non-trade remittance
●Remittance for Investment
●Others: FOREX Trading, Loan settlement ...
1.3. Classification
Based on Time of Payment
●Payment in advance
●Payment at sight
●Payment after shipment
Risk???
Remittance
Advantages
- Fastest method
- Simple Procedure
- Low fees
Disadvantages
2. Open Account
●Definition
●Parties involved
●Procedures
●Classification
●When to use?
2.1. Definition
●An arrangement whereby the goods are manufactured and delivered before payment is required.
3. Collection
●Overview
●Procedures
●Collection operation at commercial banks
●When to use?
3.1. Overview
●Law governing
●Definition
●Parties involved
●Classification
3.1.2. Definition
“Documents" means financial documents and/or commercial documents:
1. "Financial documents" means bills of exchange, promissory notes, cheques, or other similar instruments used for obtaining the payment of money;
2. "Commercial documents" means invoices, transport documents, documents of title or other similar documents, or any other documents whatsoever, not being financial documents.
(Article 2b, URC 522)
3.1.4. Classification
●Clean Collection
●Documentary Collection
-Documents against Payment (D/P)
-Documents against Acceptance (D/A)
3.2. Procedures
●Clean Collection
●Documentary Collection
4.1. Definition
●A mode of payment in which the importer, based on sale contract, requests the exporter’s bank to open a Trust account for payment settlement when the exporter presents the documents as
agreed.
Chapter 4
DOCUMENTARY CREDIT
Đang tải…
In this chapter
1.General introduction
2.Procedure
3.Letter of credit (L/C)
4.Documentary credit operation at commercial banks (textbook)
5.Document examination (textbook)
1. General introduction
●Legal foundation
●Definition
●Features
●Parties involved
UCP 600
●Full name: Uniform Customs and Practice for Documentary Credits ICC, 2007 Revision, No 600.
●Latest version applied in Documentary Credit
●Consists of 39 articles
1.2. Definitions
●“Credits means any arrangement, however named or described, that is irrevocable, and thereby constitues a definite undertaking of the issuing bank to honour a complying presentation.”
(Article 2 – UCP 600)
1.2. Definitions
●A documentary credit is the written promise of a bank, undertaken on behalf of a buyer, to pay a seller the amount specified in the credit provided the seller complies with the terms and
conditions set forth in the credit. The terms and conditions of a documentary credit revolve around two issues: (1) the presentation of documents that evidence title to goods shipped by the seller,
and (2) payment.
(Edward G. Hinkelman, A short course in International Payment)
1.2. Definitions
Documentary credit is an agreement, in which a Bank (Issuing Bank), based on the requirements of a client (applicant), pay a specified sum of money to another person (beneficiary) or accept his
B/E within specified amount, as long as he presents a set of documents complying with L/C’s requirements.
1.2. Definitions
●Banking day: a day on which a bank is regularly open at the place at which an act subject to these rules is to be performed.
●Presentation: either the delivery of documents under a credit to the issuing bank or nominated bank or the documents so delivered.
●Complying presentation: a presentation that is in accordance with the terms and conditions of the credit, the applicable provisions of these rules and international standard banking practice
(ISBP).
1.2. Definitions
●Honour means:
a. To pay at sight if the credit is available by sight payment.
b. to incur a deferred payment undertaking and pay at maturity if the credit is available by deferred payment.
c. to accept a bill of exchange ("draft") drawn by the beneficiary and pay at maturity if the credit is available by acceptance.
●Negotiation: the purchase by the nominated bank of drafts (drawn on a bank other than the nominated bank) and/or documents under a complying presentation, by advancing or agreeing to
advance funds to the beneficiary on or before the banking day on which reimbursement is due to the nominated bank.
1.3. Features
●L/C is a contract between 2 parties (Issuing bank and Beneficiary).
●L/C is independent from sales contract.
●L/C only deals on documents and payment shall only be made based on documents.
●L/C requires strict documents compliance.
●L/C – a safe method of payment?
Advising Bank
●Checking compliance of documents: (2-3 days)
- Unity
- Completion
- Honesty
•Non-discrepant documents
•Discrepant documents
Issuing Bank
●Checking compliance of documents (5 working days)
•Non-discrepant documents: make payment
•Discrepant documents: refuse to honor / negotiate (Article 16 UCP 600)
●Transfer docs to Importer and receive payment
2.2. Negotiation
●Negotiation: the purchase by the nominated bank of drafts (drawn on a bank other than the nominated bank) and/or documents under a complying presentation, by advancing or agreeing to
advance funds to the beneficiary on or before the banking day on which reimbursement is due to the nominated bank.
(Article 2, UCP 600)
●“AVAILABLE WITH ...<BANK>... BY NEGOTIATION”
3. LETTER OF CREDIT
●Definition
●Importance
●Content
●Amendment
●Classification
3.1. Definition
●L/C is a document issued by Issuing Bank under the Applicant’s request, acting as an undertaking of payment to the Beneficiary within a specified amount of time when the Beneficiary fulfils
correctly and sufficiently the terms stipulated in such document.
3.2. Importance
●L/C is the major means of Documentary Credit.
●L/C is issued based on International sales contract, but then is independent of such contract.
●L/C governs activities of relevant parties: Applicant, Issuing Bank, Beneficiary, Advising Bank, Paying Bank,...
●L/C is used to compare and adjust the details in International sales contract (if any).
●L/C can be considered as the Sales contract if such one is unavailable
3.3. Content
1. L/C Number (Field 20)
2. Issuing place
3. Date of issue (Field 31C)
4. Date and place of expiry (Field 31D)
-Place of expiry: exporter’s / importer’s / third party’s country.
-Date of expiry:
Date of issuance----- Delivery -----Date of expiry
5. Forms of L/C (Field 40A)
L/C’s validity
Date of shipment
UCP 600 - Article 30 Tolerance in Credit Amount, Quantity and Unit Prices
a. The words "about" or "approximately" used in connection with the amount of the credit or the quantity or the unit price stated in the credit are to be construed as allowing a tolerance not to
exceed 10% more or 10% less than the amount, the quantity or the unit price to which they refer.
b. A tolerance not to exceed 5% more or 5% less than the quantity of the goods is allowed, provided the credit does not state the quantity in terms of a stipulated number of packing units or
individual items and the total amount of the drawings does not exceed the amount of the credit.
UCP 600 - Article 30 Tolerance in Credit Amount, Quantity and Unit Prices
c. Even when partial shipments are not allowed, a tolerance not to exceed 5% less than the amount of the credit is allowed, provided that the quantity of the goods, if stated in the credit, is
shipped in full and a unit price, if stated in the credit, is not reduced or that sub-article 30 (b) is not applicable. This tolerance does not apply when the credit stipulates a specific tolerance or uses
the expressions referred to in sub-article 30 (a).
Date of shipment
Sea transportation:
-“The date of issuance of the transport document will be deemed to be the date of dispatch, taking in charge or shipped onboard, and the date of shipment. However, if the transport document
indicates, by stamp or notation, a date of dispatch, taking in charge or shipped onboard, this date will be deemed to be the date of shipment.” (UCP 600 Article 19. a.ii)
-A bank will only accept a clean transport document. A clean transport document is one bearing no clause or notation expressly declaring a defective condition of the goods or theirpackaging.
The word "clean" need not appear on a transport document, even if a credit has a requirement for that transport document to be "clean on board". (UCP 600 Article 27)
Date of shipment
Air, Road, Rail and Inland waterway transport
●Date of shipment = Date of issuance of transport document (except the case the date of shipment is stipulated on the document)
(Article 23, 24 UCP 600)
3.3. Content
11. Partial shipment: (Field 43P)
Shipment on more than one means of conveyance within the same mode of transport will be regarded as covering a partial shipment, even if the means of conveyance leave on the same day for
the same destination. (UCP 600 Article 31)
If partial shipment is not allowed, L/C should state: “Partial shipment: not permitted / prohibited / not allowed”
3.3. Content
12. Transhipment: (Field 43T)
UCP 600, Article 19:
b. Transhipment means unloading from one means of conveyance and reloading to another means of conveyance (whether or not in different modes of transport) during the carriage from the
place of dispatch, taking in charge or shipment to the place of final destination stated in the credit.
c. i. A transport document may indicate that the goods will or may be transhipped provided that the entire carriage is covered by one and the same transport document.
ii. A transport document indicating that transhipment will or may take place is acceptable, even if the credit prohibits transhipment
3.3. Content
13. Description of Good / Services: (Field 45A) commodity, specification, quantity, price, packaging and marking, ...
14. Transportation terms: Incoterms, place of shipment, mode of transport, ...
15. Documents required: (Field 46A) Documents relating to commodity, mode of transport, payment and legal framework.
16. Commitment of payment from Issuing bank (Field 78)
17. Additional conditions: (Field 47A)
18. Signature of issuing bank: L/C issued by mail / telex.
3.4. Amendment
●Amendment of L/C: modification, correction or cancelation of some L/C terms and conditions.
●Including:
-Increase or decrease in L/C’s value
-Changes in latest shipment date, L/C’s expiry date
-Increase or decrease in amount of goods
-Modification of TTR and Reimbursing bank
-Modification of Confirmed L/C and Confirming Bank
● Amendment should take place before shipment date and within L/C’s validity time.
●Article 9, 10 UCP 600.
3.5. Classification
●Based on Revocability
●Based on Payment time
●Based on Uses