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BÀI SOẠN ÔN THI

CHAPTER: CONTRACTS
1. PROCESSING CONTRACT
ART. PRICE
- Currency
- Unit price (Incoterms rule, Incoterms version, place/port)
- Total amount (in figure, in words)
- Processor’s obligation
+ CM (cutting and making)
+ CMP (cutting, making and packaging)
+ CMT (cutting, making and trimming)
+ CMP+Q (cutting, making, packaging and quota fee)
+ CMA+Q (cutting, making, accessories and quota fee)
+ CMT+Th (Thread) + Q (cutting, making, trimming, thread and quota fee)
ART. QUALITY
- Sample
+ Master sample
+ Counter sample
- Technical stipulation
- Inspection from Processee’s representatives
- Quality control
ART. MATERIAL AND ACCESSORIES
- Supply method

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- Kinds
- Quantity
- Quality
- Value
- Shipment (Time, place, partial/transshipment, notice of shipment, shipping docs)
- Consumption rate
- Handling methods for remaining Materials and Accessories
ART. MACHINERY AND EQUIPMENT
- Transfer method (lend/ lease)
- Kinds
- Quantity
- Value
- Quality (Appendix)
- Shipment
- Obligation to intall Machinery and Equipment
- Processee’s obligation to train Processor’s worker to operate Machinery and Equipment
- Obligation to fix the problems when Machinery and Equipment is broken down. Supply replacing spare parts
- Handling method
+ Sold in Vietnam
+ Re-exported to abroad
+ Used for another processing contract in Vietnam
+ Donated or given away in Vietnam
+ Destroyed in Vietnam
ART. TRAINING
- Number of employee
- Training quality (worker sau khi training sẽ có kiến thức gì)

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- Form, time, place of training
+ Form: face to face hoặc gửi tài liệu để đọc online,…
- Cost
ART. LABEL AND TRADEMARK
- Owner is processee
- Processee authorize processor to use
- Processee’s obligation to solve claims from 3rd party (if any)
2. COMPLETE EQUIPMENT IMPORT CONTRACT
ART. DEFINITION
Arrange based on A,B,C,…following alphabet
ART. PRICE
- Contract value (in figure, in words)
- Currency, rate, Incoterms (place, version)
- Breakdown price: chi tiết giá trong hợp đồng
+ Production line value: USD…
+ Installation fee: USD…
+ Training fee: USD…
+ Value of each machines/ equipment is shown in Appendix no.
ART. INSPECTION
- Diving the obligation
- Inspection organization
- Final inspection place
ART. TECHNICAL DOCUMENTS
- Kinds (catolouge,…)
- Language

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- Standard: Tiêu chuẩn của máy móc thiết bị
- Seller’s responsibility for assuring the exactness
- Keep documents confidential and the ownership (Buyer’s obligation to keep secret technical document &
become the technical document owner)
ART. TECHNICAL SUPPORT/ ASSISTANCE
- Kind
- Quantity and experts background
- Expert’s duties
- Working regulation, expense for expert (Boarding and lodging)
- Expert replacing
ART. INSTALLATION (ERECTION), TEST RUN (NO LOAD TEST),
COMMISSIONING (LOAD TEST), PERFORMANCE TEST & ACCEPTANCE
- Main obligation to conduct all steps from the start of Erection to Acceptance
- Nomination of chief representatives, their duties linking sheet signing
- Erection, test run (time, issuing of completion certificate)
- Commissioning, performance test (time, issuing of certificate completion)
+ Commission (Buyer’s obligation to prepare material + workers)
+ Performance test (time, successful  issuing of completion certificate; failed  whose mistaken how to
solve)
+ Acceptance (cases, issuing of acceptance certificate)
3. TECHNOLOGY TRANSFER AGREEMENT
ART. TERRITORY AND EXCLUSIVITY
TERRITORY
- Place to use technology
- Place to manufacture products using technology

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- Place to sell product
EXCLUSIVITY
- Transfereree’s obligation to transfer technology to 3rd parties or not.
ART. TECHNOLOGY TRANSFER
- Kind of transfer right (ownership, right to use)
- Technical document (language, standard, kind of technology documents, seller’s obligation, buyer’s obligation)
- Training (quantity of employees, training quality, form, fee, obligation)
- Technical support (number and scope of technical assistance, quantity and expert background, expert’s duties,
working regulations, expert replacing)
- Schedule
- Certificate of readiness of commercial production
ART. PRICE
2 methods
- First method: The same with EIC: software + hardware
+ Contract value in figures, in word (currency, rate, Incoterms rule, place, Incoterms version)
+ Break down price
+ Production line value
+ Specific fees (installation, training)
- Second method: Software
ART. PAYMENT
2 methods
- First method: The same with EIC: software + hardware
+ Currency (if it is different from the Price term)
+ Time of payment (many periods)
+ Method of payment (usually combine T/T with L/C)
+ Payment documents (kind of documents, number of original and copy, issuer)

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- Second method: Software
+ Price must pay
+ Parity right
ART. EFFECTIVENESS OF THE AGREEMENT (RIGHT TO OWN)/ EFFECTIVENESS
OF THE AGREEMENT AND DURATION (RIGHT TO USE)
Content must show: when the agreement comes into force (thỏa các điều kiện gì mới có hiệu lực)
Duration: sử dụng tech trong bao lâu
T.T (technology transformed)
- Encouraged
- Limited
- Prohibited
ART. INNOVATIONS AND IMPROVEMENTS (technical Instructions, modification, and
improvement on technical data)
- Transferor’s obligation to inform I&I to transferee.
- Transferee’s right to innovate and improve technology and obligation to inform to transferor.
ART. ENVIRONMENTAL PROTECTION AND HARMFUL EFFECTS
The transferor’s obligation to inform the Transferee about the consequences of the use of technology on the
environment
The Transferor’s obligation to inform the Transferee about new information of technology in the environment
ART. PATENT RIGHT
- Transferor’s owner
- In case of violation, the transferor
Should take a license/ modify / substitute / get back

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- Transferee’s obligation to inform claims from 3rd parties to the transferor
- Transferor’s obligation to solve all claims and pay all related fees
ART. CONFIDENTIAL RELATIONSHIP
- Both parties' confidentiality responsibilities for all specifications, drawings, blueprints, nomenclatures, software,
models,...
- If disclosure must be legally public
- Do not disclose Know how to any worker or company
ART. PERFORMANCE SECURITY
- Who ensures whom?
- How to ensure performance on the contract
ART. DEDUCTION FROM THE TRANSFEROR’S MONEY
When the transferee deducted the money from the transferor, how transferee deduct the transferor’s money? (khi
nào transferor bị trừ tiền và bị trừ bằng cách nào?
- The case that the transferor’s account is deducted
- The ways that the transferor’s account is deducted
- The deduction must have the confirmation of the transferor
ART. NO ASSIGNMENT
The transferor should not directly or indirectly transfer or assign wholly or partly Agree without the prior written
approval of the Transferee

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CHAPTER: DOCUMENTS
Requirements Special note to
make Step
Issuer Function Content (Exporter)/Pro
cedure/ How to
Documents check Export Import
COMMODITY DOCUMENTS
Exporter - The evidence to make Some important Based on sales (5) Making (2) Taking
payment to the seller information: contract to make pre-shipment initial steps
- Based on value, and - 2 parties information Commercial inspection of payment
quantity in the Invoice (exporter/importer Invoice. In case, (Draft CV) (5)
to hire transportation name, address) the payment is (9) Checking
- Pay Insurance - Name of document L/C, Dispatching documents
premium - Number of document Commercial Inv goods (Final
- Custom office based - Date of document is made based CV)
on Invoice to make - Name of product on L/C
Commercial
trading statistics - Quantity
invoice
- Price
- Value (in figure, in
words)
Reference information:
- Art no, PO no
- Shipped per
- Port of loading
- Place of delivery
- Term of payment
Packing list Exporter Show the way of - Information Based on sales (4) Packing (5)

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packing for importer to - Date contract to make and marking Checking
check the quantity to - Name of document P/L. In case, the documents
make sure that seller - Description of goods payment is L/C,
delivers the right - Packing P/L is made
quantity or not - Quality based on L/C
according to the - Container No.
contract
Quality Exporter/ To confirm that the 2 parts Exporter: filling (5) Marking (5)
Certificate Independent quantity is suitable for Part 1: shipper, consignee, the application pre-shipment Checking
Inspection the regulator of contract notify party, commodity, form, this form inspection documents
Company or L/C vessel name, B/L no., the can download
date of loading, port of form website of
loading/ discharge, inspection
marking, total quantities of company and
the goods and quantity of prepare some
each type of the goods, documents:
method of test and Sales contract or
inspection. L/C, Cinv, P/L,
B/L copy, some
Part 2: Inspection results docs are
of each qualitative norm required by
(for example moisture = inspection
13.4%) or general company
conclusion (the goods are In case, payment
in accordance with all the is L/C, you need
requirements as per to check draft
contract number… docs before
dated…) or all inspection issue orginal
results and conclusion. docs.

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Name of the certifying
authority
Exporter/ It is used to prove the 2 parts Exporter: filling (5) Marking (5)
Independent accordance between the Part 1: shipper, consignee, the application pre-shipment Checking
Inspection real quality and the one notify party, commodity, form, this form inspection documents
Company stipulated in the contract vessel name, B/L no., the can download
or L/C date of loading, port of form website of
loading/ discharge, inspection
declared weight, method company and
of test and inspection. prepare some
Part 2: Inspection results documents:
Name of the certifying Sales contract or
Quantity/
authority L/C, Cinv, P/L,
Weight
B/L copy, some
Certificate
docs are
required by
inspection
company
In case, payment
is L/C, you need
to check draft
docs before
issue orginal
docs.
TRANSPORTATION DOCUMNTS
Bill of Lading Carrier, - Evidence of the Front page of B/L: (9) (5)
shipping contract of carriage: - Information (name, Dispatching Checking
company or it can use for address): carrier, shipper, goods documents

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shipping agent resolving disputes b/w consignee, notify party.
the carrier and - B/L number
receiver - Name of vessel
- Receipt of cargo for - Description of goods
shipment: - Number of orginal B/L
acknowledge that the - Date and place of issuing
goods were received/ - Signature of the issuer
loaded in the - Information about freght
conditions as - Date of laden on board
described The back page of B/L
- Document of title : - Legal basis (laws
lawful holder of B/L regulate terms and
has the right to conditions of B/L and
possess the goods, solve disputes arising
negotiable document between the shipper and
the carrier)
- Terms and conditions on
responsibilities and
exemption from
responsibilities of the
carrier

Airway Bill/ Carrier/ - An Evidence of the - Non- negotible (9) Export (5)
Aircradft Bill Airlines conclusion of the - Name & address of air the goods Checking
of Lading company contract between the company documents
carrier and shipper - Name, address, account
- An evidence of number (if any): shipper,
acceptance of the consignee
cargo - Airport of departure and

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- A certificate of goods routing
insurance transported - Airport of destination
by air - Declared value for
- A documentt of the carriage/ declared value
customs declaration of for Customs
the cargo - Handling information
- A guide for airline - Detail of calculation of
staff in serving goods airfreight
transportation - Goods
- Freight prepaid or collect
- Signature of shipper/ his
agent
- Date and place of
shipment
- Signature of carrier/ agent
- Number of AWB
Master Airlines This bill adjusts the - Non- negotible (9) (5)
Airway bill - company/ air relationship between the - Name & address of air Dispatching Checking
MAWB carrier/ its carrier and the freight company goods documents
authorzied forwarder and is a - Name, address, account
cargo agent forwarding document number (if any): shipper,
between the carrier and consignee
the freight forwarder. - Airport of departure and
- An Evidence of the routing
conclusion of the - Airport of destination
contract between the - Declared value for
carrier and shipper carriage/ declared value
- An evidence of for Customs

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acceptance of the - Handling information
cargo - Detail of calculation of
- A certificate of goods airfreight
insurance transported - Goods
by air - Freight prepaid or collect
- A documentt of the - Signature of shipper/ his
customs declaration of agent
the cargo - Date and place of
A guide for airline staff shipment
in serving goods - Signature of carrier/ agent
transportation - Number of AWB
House airway Forwarder This bill is used to - Non- negotible (9) (5)
bill - HAWB company adjust the relationship - Name & address of air Dispatching Checking
between the freight company goods documents
forwarder and the - Name, address, account
shippers and used to number (if any): shipper,
receive goods between consignee
the freight forwarder - Airport of departure and
and shippers. routing
- An Evidence of the - Airport of destination
conclusion of the - Declared value for
contract between the carriage/ declared value
carrier and shipper for Customs
- An evidence of - Handling information
acceptance of the - Detail of calculation of
cargo airfreight
- A certificate of goods - Goods
insurance transported - Freight prepaid or collect
by air - Signature of shipper/ his

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- A documentt of the agent
customs declaration of - Date and place of
the cargo shipment
A guide for airline staff - Signature of carrier/ agent
in serving goods Number of AWB
transportation
Shipper/ VGM lets the shipping (6)
Exporter line know the weight of Reserving
Verify Gross the container, to control shipping
Mass - VGM the load, and to serve space
the loading and
unloading of the ship.
Captain of the After the cargo is (9)
ship cleared from the Dispatching
customs examination goods
Mate’s
and other formalities are
Receipt
over, it is handed over
to the shipping
company for loading.
Transportation It is a conclusive (9)
line receipt, i.e. an Dispatching
acknowledgement that goods
the goods have been
Sea waybill loaded;
- It contains or
evidences the terms of
the contract of carriage;

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Carrier It is an agreement for (6) (3)
liner shipment, which Reserving Reserving
Booking note/
normally incorporates shipping shipping
Booking
the provisions of the space space
Agreement
carrier's standard bill of
lading
Exporter That directs a carrier in (6) (3)
preparing shipping Reserving Reserving
documents for the shipping shipping
Shipping note
subject shipment, and space space
provides for the
necessary declarations.
Exporter It provides information (6) (3)
Shipping
should be showed in Reserving Reserving
Instruction
B/L. shipping shipping
(S/I)
space space
Carrier or its Manifest serves as a (6)
agent tally-sheet, and gives a Obtaining
detailed summary of all customs
bills of lading (or air clearance
Manifest
waybills) issued by a
carrier (or its agent) for
a particular voyage of a
particular vessel.
Stowage plan - Carrier Stowage plan is a (6)
Cargo plan complete diagram of a Reserving
vessel's cargo space shipping
showing the location space

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(both on and below
deck) of all cargo
aboard ship.
Carrier This is the document (8)
attached to a record of Inspecting
calculation of lay time import
Statement of
used (the "Timesheet") products
facts - SOF
and is a record of the
events that can affect
the counting of lay time.
Carrier Time sheets are used by (12) (9)
the human resources or Claiming or Claiming
Time sheet accounts payable solving or solving
department for claiming claiming
calculating paychecks.
Carrier It is sent to the (7) Taking
Notice of consignee to inform delivery of
arrival about the arrival of the goods
shipment
Carrier With the delivery order, (7) Taking
the consignee can clear delivery of
the cargo with customs goods
Delivery
and take delivery of the
Order - D/O
cargo from the port or
terminal or depot or
wherever it is stored.
Notice of Carrier It advises a person (7) Taking
readiness - awaiting a shipment that delivery of

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his ship has arrived and goods
is prepared for the cargo
NOR
to be unloaded or
loaded.
Carrier An EIR is a certificate (6)
Equipment confirming the transfer Reserving
Intercharge of equipment shipping
Receipt - EIR (containers) between space
two locations.
Carrier This record has the (7) Taking
effect of proving the delivery of
lack or excess between goods
the actual quantity of
Report on
goods received at the
receipt of
port of destination and
cargoes –
the quantity of goods
ROROC (Biên
stated in the "manifest"
bản kết toán
of the ship, which is one
nhận hàng với
of the grounds for
tàu)
complaining to the
carrier. and is the basis
for the port to deliver
the goods to the shipper.
Cargo outturn discharging to record discrepancies (7) Taking
report – COR terminal in the form of over, delivery of
(Biên bản short, and damaged goods
hàng đổ vỡ hư cargo as manifested,
hỏng) and cargo checked at a

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time and place of
discharge from ship.
shipping agent To exam the goods are (8)
Certificate of company unloaded from the ship Inspecting
short landed into port import
cargo-CSC products
(Chứng nhận
hàng thiếu)

INSURANCE DOCUMENTS
Insurance To assure the consignee -General and regular (4) Getting
company that insurance will cover terms regulate the goods
the loss or damage to responsibilities of the insured
the cargo during transit. insurer and insured party
It indicates general and according to each
Insurance
regular terms and insurance condition
policy
special conditions. -Special condition:
insured object, insurance
value, insurance
condition and insurance
premium
Insurance Insurance To assure the consignee Information: assured; Importer should (4) Getting
certificate company that insurance will cover shipment (B/L no., Inv no, request goods
the loss or damage to contract no, date) Insurance insured
the cargo during transit. Policy no, cert no company issue
It indicates general and value of insurance the Draft to
regular terms and conveyance; port of check bẻo
special conditions. loading/discharge; subject issuing

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matter insured Insurrance
Clauses, special conditions certificate
and warranties (kind of
clause, settling agent,
claims representative,
consignee, place of claims
and information about
procedure in the event of
loss or damage for which
underwriters may be
liable)

CUSTOMS DOCUMENTS
Exporter/ It is a requisite for Description of (10) (6)
Importer seeking the permission export/import goods, the Obtaining Obtaining
Entry, of customs to number and kind Customs Customs
Customs export/import goods. packages, shipping marks clearance clearance
declaration and number, value of
sheet goods, the name of the
vessel, the country of
destination
Export/Inport Authorized Approval to export/ Issuer, name of document, Procedure to (1) (1)
license Authority import specific products document number, date, obtain: Obtaining Obtaining
from Ministry of Goods legal base, company - Submit export import
Management Customs information, cargo license file license license
clearance information, declared directly or
point of exit/ entry, export/ online
import purpose, license - Add lacking

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validity documents
(if any) as
request
- Receive the
result

Phytosanitary Authorized Confirmation of -Name and address of Procedure to (5) Making (5)
certificate Authority products have been exporter; obtain: preshipment Checking
(Plant Protectioninspected and free from - declared name and - Register the inspection documents
Department) quarantine pests, address of the consignee; shipment
injurious pests customs -number and description of - Quarantine
clearance packages; agency
-distinguishing marks; receives and
- place of origin; check
-declared means of documents
conveyance; - Quarantine
-declared point of entry; agency
-Name of produce and inspect the
quantity declared; object
- botanical name of plants; - Quarantine
date; agency
- chemical; issues
-duration and temperature; Phytosanitar
-treatment; y Certificate
-concentration
-additional information;
-stamp of organization;
- place of issue;
-date issued;

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-name and signature of
authorized officer

Authorized To certify that goods are -Type of animal (5) Making (5)
Authority free from disease- -Consignor preshipment Checking
causing bacteria for -Consignee inspection documents
breeders, animals or -Quantity, weight
animals have been -Place of destination
Veterinary/
vaccinated to prevent -Port of departure
Animal
disease. It certifies the -Mode of transport
product
quality of the goods and -Inspection dtae
sanitary
that the goods are -Effective date of
inspection
totally in accordance veterinary certificate
with the contract, and -Veterinarian’s attestation
supplement document to
fulfill the import-export
procedure.
Authorized Confirm that the goods (5) Making (5)
Authority are free from disease or preshipment Checking
pests (insects), and that inspection documents
Health products have been
certificate prepared in such a way
that they reach
prescribed standards.

Certificate of Authorized This certificate indicates - Name and address of the (8) Making (5)
Origin - C/O Authority that the goods, which buyer, seller documents Checking
are being exported, are - Name of the goods documents

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actually manufactured - Quantity, weight,
in a specific country marking
mentioned therein. It is - The goods owner’s
useful for the clearance statement
of the goods from the - The Chamber of
customs authority of the Commerce’s
importing country. authentication on the
origin of the goods
Exporter To require exporter to - Title (2) (10)
addressed to pay on - Bill number Requesting Making
demand or at a fixed or - Sum payable initial steps payment
determinable future - Place of drawing of payment
Bill of time sum certain money - Date of drawing
Exchange/ to or to the order of a - Claiming order
Draft specified person, or to - Time of payment
bearer. - Beneficiaries
- Drawee
- Drawer
- Place of payment
International To pay a determinate (2) (10)
business, sum of money to the Requesting Making
importer/buyer other (the payee), either initial steps payment
Promissory at a fixed or of payment
note determinable future
time or on demand of
the payee, under
specific terms.
Cheque Bank It orders a bank to pay a (10)

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specific amount of Making
money from a payment
person/company 's
account to the
person/company in
whose name the cheque
has been issued.
Exporter A letter or form that (10)
Collection conveys the drawer´s Making
Instruction instructions to the payment
presenting bank.
Carrier A charter party Part 1: parties, information (6) (3)
whereby the owner of a of chartered ship (name, Reserving Reserving
ship agrees to transport IMO number, capacity, shipping shipping
a full shipload of cargo DWT,...), ports, space space
Voyage information of cargo…
owned or furnished by
charter party Part 2: conditions & terms
another person with the
ship's crew and master of charter party
in control of the
navigation
Issuing bank Through its issuance, (2) (2) Taking
the exporter is assured Requesting initial steps
that the issuing bank initial steps of payment
Letter of will make a payment to of payment
Credit (L/C) the exporter for the
international trade
conducted between both
the parties.

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Issuing bank For amendment of (2) (2) Taking
outstanding standby or Requesting initial steps
Letter of
commercial initial steps of payment
Credit
documentary letters of of payment
amendment
credit as shall from time
(if any)
to time be specified by
the Issuing Lender.

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CHAPTER RISK
STT Step Risks Solution
1 Obtaining export Wrong procedure, policy changing - Prepare and apply for export license soon before starting
license (thủ tục sai, chính sách thay đổi) performing the export contract. Moreover, regularly
update new policies of the government and authorities
2 Requesting initial - T/T in advance, careless L/C - T/T in advance should only be used when the two parties
steps of payment checking (T/T trả trước, không kiểm have a good and long-term business relationship. Check
tra kỹ L/C) carefully and in detail all information in L/C.

- Unbelievable Issuing Bank (Ngân - Check the importer’s bank information carefully whether
hàng phát hàng thiếu sự tin tưởng) it is real or not and choose a reputable bank.

3 Sourcing goods for - Quantity, Quality, lack of product - Check quantity, quality of product carefully and in detail.
export sources. Need to do more domestic and foreign research to find out
(Số lượng, chất lượng, nguồn sản many suppliers with a reasonable prices and good quality.
phẩm thiếu.) - Predict the future market price to get the right price.
- Changing price of material
(Thay đổi giá NVL)
4 Packing and Wrong, unsuitable  affect quantity, - Need to research carefully packing specifications for each
marking quality, being claimed type of goods to facilitate shipping and loading.
5 Making - Quantity, quality (Careless) - Check quantity, quality of product carefully and in
preshipment details before delivery.
inspection - Must check carefully the customer’s requirements shown
in the contract, regularly check the manufacturing

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- Fail to meet buyer’s standard process so that seller can quickly find out the defect and
solve the problem as soon as possible. Besides, seller
should send
6 Reserving shipping - Unbelievable carriers - Choose a close carrier, who have a long-term relationship
space with company.

- Changing freight - Regularly update the frieght from the carrier to avoid
unnecessary fees.
7 Getting goods - Wrong doc vs L/C - Check the information carefully and in detail, if the
insured document is wrong, the bank notifies the exporter to
correct the document before sending the buyer.

- Speed up the process for early before delivery. Besides,


- Late (after vessel departure date) we should buy the annual insurance.
8 Making documents Mistakes/ difficult docs/ late - Quickly edit and confirm with the buyer
presentation - Choose experienced staff
9 Dispatching goods - FOB price - Negotiate with buyer for CIF price
- Lack of cont./bad quality cont - Get the shipping company’s confirmation that the
container is new, clean, and undamaged
- If late/traffic jam, contact the person in charge at the
- Late/Traffic jam  closing time shipping line to extend the closing time.
- Buy an Insurance Policy and inspect the reason which
causes broken down
- Broken down (port of loading) - Update the container drop off position which is provided

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by the terminal agency, then drop off the container to the
- Wrong port of container drop off right place
- Renegotiate with the buyer to understand each other.
- Taking an Insurance Policy
- Vessel delay
- Inspect the good after delivery by the inspection company
- Risk during transit, loading,
discharging-> quantity, quality
- - Importer refuses to receive goods
due to quality, quantity
10 Obatning customs -Web stuck - Provide devices that support and improve internet
clearance connection
-Wrong HS, data declared => red - Notify the customs office to correct the HS code
flow  waste time & cost - Regularly check the logbook
- Forget to liquid the customs
declaration, fill in the logbook
11 Receiving payment Has not yet paid, delay, lack of L/C, penalty, bank guaranty, check partner financial situation
payment value
Exchange rate
12 Claiming or solving Can not reach mutual solving solution Handled through the court specified in the contract
claiming  sue

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