Professional Documents
Culture Documents
Chapter 2 - Financial and Commercial Documents
Chapter 2 - Financial and Commercial Documents
- Uniform Law for Bill of Exchange and Promissory Notes - ULB 1930): signed in
Geneva, 1931.
Beneficiary
At sight
Pay Transfer
Drawer Instruct Drawee
Usance
Bearer
PARTIES TO A BILL OF EXCHANGE
1. Drawer
- the person who gives an order to pay the amount of the bill of exchange
- The seller/ exporter/ creditor
2. Drawee
3. Beneficiary/ Payee
- The person to whom the amount of the bill is payable.
- The drawer and payee of a bill of exchange are often the same person.
4. Acceptor
- the person (the drawee), who gives consent to comply with the order of the drawer
to pay by signing across the face of the B/E.
PARTIES TO A BILL OF EXCHANGE
6. Endorser
- when a person (the payee) transfers the B/E to another person, the payee who
writes his signature together with a statement on the reserve of the bill is known as
the endorser.
7. Endorsee
- the name of the person to whom the B/E is transferred. The endorsee’s name is
written in the endorsement
8. Holder/ Bearer
- the payee or any other person who for a valid reason or legally comes into actual
possession of a B/E
No: 030900 INTERNATIONAL BILL OF EXCHANGE
For: USD 110,000xxx (Uncitral Convention)
At Ninety days after date of this FIRST Bill of exchange (Second of the same tenor and date being unpaid) Pay to THE
BANK OF TOKYO-MITSUBISHI, Ltd or order the sum of UNITED STATES DOLLARS ONE HUNDRED AND TEN THOUSAND
ONLY.
Value received and charge the same to account of Hong Hai Private Factory (HOHAFA), 25 Tran Cao Van, Danang City
Vietnam.
Danang branch, 140 Le Loi Str, Danang City Vietnam (Chữ kí phát hành)
VÍ DỤ: Mẫu hối phiếu sử dụng trong phương thức nhờ thu (theo CIBN 88)
Authorized Signature
VÍ DỤ: Mẫu hối phiếu sử dụng trong phương thức tín dụng chứng từ
BILL OF EXCHANGE
- Usance B/E: payable sometime in future -> need to be accepted by the drawee to
make him liable to the bill. The drawee accepts the bill by signing on the face of
bill.
TYPES OF BILL OF EXCHANGE
BILL OF EXCHANGE
- Clean B/E: not accompanied by the shipping documents. When the goods are
shipped the shipping documents are sent directly to the importer. The bill of
exchange is handed over by the seller to his bank for collecting the payment from
the importer.
Payee The drawer and payee can be the The drawer cannot be the payee of
same party. it.
FORM OF BILL OF EXCHANGE
1
2
5
3
4
5
6
7
FORM OF BILL OF EXCHANGE
2 A statement of the date & of the place where the bill is issued:
- A bill which does not mention the place of its issue is deemed to have been
drawn in the place mentioned beside the name of the drawer.
- A bill without the address of the drawer is deemed to be invalid.
FORM OF BILL OF EXCHANGE
3 A statement of the time of payment.
- At sight: “at sight”, “on presentation”…: payable on sight, demand or
presentation to the drawee.
- Usance: “At X days after sight”, “At X days after above date”, On a fixed
future date: payable sometime in future
- A bill in which the time of payment is not specified is deemed to be payable
at sight.
- When the sum payable by a bill is expressed in words and also in figures, and
there is a discrepancy, the sum denoted by the words is the amount payable.
- When the sum payable by a bill is expressed more than once in words or
more than once in figures, and there is a discrepancy, the smaller sum is the
sum payable.
FORM OF BILL OF EXCHANGE
6 Drawee: The name of the person who is to pay.
- In default of special mention, the place specified beside the name of the
drawee is deemed to be place of payment, and also the place of the domicile of
the drawee.
- Draft in Collection payment method: Drawee is the importer
To: Hoang Phat Co., Ltd, Phu Tai Industrial Zone, Tran Quang Dieu Ward, Quy
Nhon City, Viet Nam.
- Draft in Letter of Credit payment method: Drawee is the issuing bank
To: Bank for foreign trade of Vietnam, Quy Nhon branch, 66C Le Duan str, Quy
Nhon City, Vietnam. (mở L/C tại VCB Quy Nhơn).
granting of credit.
NEGOTIABILITY OF BILL OF EXCHANGE
- Negotiable instrument: is passed from one person to another all prior parties are
liable to the final holder if the instrument is dishonored
- A negotiability transfers all the rights arising out of a bill of exchange.
- It means the transfer of the bill from one person to another person for the
purpose of asking money back, transfer the ownership the bill, discounting,
pledge.
- The document can be transferred from one person to another through
endorsement or delivery -> negotiable instrument.
delivery
Forms of transfer
endorsement
NEGOTIABILITY OF BILL OF EXCHANGE
- Endorsement: Writing of one’s the name on the back of the instrument or any
paper attached to it with the intention of transferring the rights.
Endorser Endorsee
Endorsement
2. To Order Endorsement
3. Restrictive Endorsement
ü Endorsement leaves specified beneficiary. The payee specifies the name of the
endorsee and writes “only” at the end to prevents further endorsement of the bill
ü Pay to + name of beneficiary + only/ non-negotiable
ü When the default of payment happens, the holder may not have right of recourse
against the endorser
ü Without Recourse
ü It is also a popular type of endorsement
Pay to Mr Lars
WITHOUT RECOURSE
5. Conditional Endorsement
EFV-020229SE
VOYAGE NO
EXCESS VALUE DECLARATION REPER TO CLAUSE 6 (4) (8) & (C)
ON REVERSE SIDE
FREIGHT DETAILS, CHARGES, ETC. RECEIVED by Carrier the Goods as specified above in apparent good order and condition
unless otherwise stated, to be transported to such place as aged, authorized or permitted herein
FREIGHT COLLECT and subject to all the terms and conditions appearing on the front and reverse of this Bill of
Lading to which the Merchant agrees by accepting this Bill of Lading, any local privileges and
AS ARRANGED
customs notwithstanding.
The particulars given above as stated y the shipper and the weight, measure, quantity,
condition, contents, contents value of the Goods are unknown to the Carrier.
In WITNESS, whereof three (3) original Bills of Lading have been signed if not otherwise
stated above the same being accomplished the other(S), if any, to be void, if required by the
Carrier, one (1) orginal Bill of Lading must be surrendered duly endorsed in exchange for the
Goods delivery order.
1 Titile B/L
2 B/L No.
3 Shipping Company
4 Shipper/Consignor
5 Consignee
6 Notify Party
7 Place of Receipt
CONTENT OF B/L (Front page)
8 Port of Loading
9 Port of Discharge
15 Gross Weight
CONTENT OF B/L (Front page)
16 Measurement
19 Shipped on board
21 Signature
TYPES OF B/L
FIATA Negotiable
Các loại vận đơn Port-to-port B/L Combined Transport B/L or
Multimodal
(Ocean B/L) Multimodal Transport B/L
transport B/L
Shipped on board B/L “On board”
Received for shipment B/L
Clean B/L “Clean”
Unclean B/L
Straight B/L
B/L to order of
To bearer B/L
Liner B/L
Voyage B/L
Direct B/L
Throught B/L
Combined B/L
Charter party B/L
Switch B/L, Bolero B/L…
AIR WAYBILL - AWB
- Air Waybill is the document made out by or on behalf of the shipper which
evidences the contract between the shipper and carrier for carriage of cargo over
routes of carrier.
- The AWB is the most important cargo document issued by a carrier or its authorized
Cargo Agent. It combines several purposes:
Ø Documentary evidence of the conclusion of the Contract of Carriage
Ø Proof of receipt of the goods for shipment
Ø Freight bill
Ø Customs declaration and certificate of Insurance (if requested)
Ø Guide to carrier staff in handling, dispatching and delivering the consignment.
AIR WAYBILL - AWB
- The AWB is a non-negotiable document.
- The AWB may only be used:
+ For transportation of individual shipments
+For transportation of consolidated shipments.
- Types of AWB:
Master Air Waybill – issued by airline / IATA accredited freight forwarder
- They are a transport documents covering transport by more than one mode of
transport, and issued by Multimodal Transport Operator (MTO)
ü FIATA Negotiable Multimodal Transport B/L – FBL
ü Combined Transport Document – COMBIDOC
ü Multimodal Transport Document – MULTIDOC
ü B/L for Combined Transport Shipment or Port to Port Shipment
COMBIDOC / MULTIDOC
Multimodal transport document would normally show :
- That the consignee and notify parties are as the credit.
- The place goods are received, or taken in charges, and place of final destination.
- Whether freight is prepaid or to be collected.
- The date of dispatch or taking in charge, and the "On Board" notation, if any must
be dated and signed.
- Total number of originals.
- Signature of the carrier, multimodal transport operator or their agents.
INSURANCE DOCUMENTS
- Insurance Policy certifies that goods transported have been insured under an open
policy and is not actionable with little details about the risk covered
- It is necessary that the date on which the insurance becomes effective is same or
earlier than the date of issuance of the transport documents
- If submitted under a L/C, the insured amount must be in the same currency as the
credit and usually for the bill amount plus 10%
INSURANCE DOCUMENTS
* Functions insurance documents:
ü Insurance Certificate
ü Open Policy, Floating Policy, Open Cover
ü Insurance Policy
ü Cover Note
INSURANCE DOCUMENTS
* The requirements for completion of an insurance policy
ü The name of the party in the favor which the documents has been issued.
ü The name of the vessel or flight details.
ü The place from where insurance is to commerce typically the sellers warehouse or
the port of loading and the place where insurance cases usually the buyer's
warehouse or the port of destination.
ü Insurance value that specified in the credit.
ü Marks and numbers to agree with those on other documents.
ü The description of the goods, which must be consistent with that in the credit and
on the invoice.
INSURANCE DOCUMENTS
* The requirements for completion of an insurance policy
ü The name and address of the claims settling agent together with the place where
claims are payable.
ü Countersigned where necessary.
ü Date of issue to be no later than the date of transport documents unless cover is
shown to be effective prior to that date
COMMERCIAL INVOICE
Commercial invoice: a document provided by the seller to the buyer, also known as
export invoice or import invoice.
• The invoice must carry a description of the goods, stating prices and terms exactly
as specified in the credit, as well as shipping mark. It should be dated and signed
manually and usual for it to be numbered in series by the exporter.
• Invoice should not be issued for amount in excess of the amounts permitted under
a L/C or in excess for value of contract.
• It is also essential that the price quoted agrees with trade terms
COMMERCIAL INVOICE
The Commercial Invoice must:
* Meaning of C/O
- Tariff Preferences
- Applying anti-dumping and countervailing duty
- Trade Statistics and maintain the quota system
- Trade promotion.
CERTIFICATE OF ORIGIN
üForm A: for goods exporting from developing countries to OECD countries according
to Generalized System of Preferences – GSP.
ü Form O: for coffee exporting to countries as a member of International Coffee
Organizations (ICO).
ü Form X: for coffee exporting to countries as a non-member of International Coffee
Organizations (ICO).
ü Form T: for textiles and garments exporting from Vietnam to EU countries.
ü Form D: for goods trading between countries that as a members of AFTA with tariff
preference program
ü Form B: for all export goods
PACKING LIST
PACKING LIST
üCertificate of Quality
üCertificate of Quantity/Weight
üCertificate of Inspection
üPhytosanitary Certificate
üVeterinary Certificate
üSanitary/Health Certificate