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lOMoAR cPSD| 61431571
Các thuật ngữ để tránh nhầm lẫn
Irrevocable L/C: Thư tín dụng không hủy ngang Endorse: Ký hậu Declaration: Tờ khai
Force Majeure: TH bất khả kháng Bill of Exchange = Draft
Premium (insurance): Phí bảo hiểm
Sales contract: Hợp đồng mua hàng Penalty : chịu phạt
Negotiable: Có thể chuyển nhượng
Non- Negotiable: Không thể chuyển nhượngk
Customs: Thủ tục hải quan Deposit: Tiền đặt cọc
Honors : Cam kết thanh toán
Importer: Người nhập khẩu = Buyer
Consignee: Người nhận hàng= Importer
Consignor/ Shipper: Người giao hàng Title
Exporter: Người xuất khẩu = Seller Import Bank = NH trả tiền
Export Bank = NH nước XK,nhận tiền
Beneficiary: Người thụ hưởng nhận tiền hàng = Exporter
Confirming bank = NH thứ 3,xác nhận nghĩa vụ trả tiền ng mua, nhưng ko có chức năng thanh toán Nominated
Bank: Ngân hàng được chỉ định = Confirming Bank ? Issuing bank:= NH NK
Advising Bank: (ở tại nước XK) Ngân hàng thông báo nghĩa vụ thanh toán nhưng không có chức năng thanh toán Paying Bank: Ngân hàng thanh toán lOMoAR cPSD| 61431571
Presenting Bank: Ngân hàng xuất trình
Presenter: Người xuất trình = Exporter hoặc Exporting Bank
Applicant: Người yêu cầu mở L/C
Drawee: Người trả tiền= Importer: Nhà nhập khẩu hoặc importing bank
Drawer: Người ký phát, người nhận tiền
Carrier : Người chuyên chở
Port of loading : Cảng load hàng ở cảng EX
Port of discharge: Cảng dỡ hàng ở cảng IMP Disclaimer: miễn trách;
Available with…: được thanh toán tại…;
Tín dụng chứng từ – Documentary Credit.
Đây chính là hình thức mà Ngân hàng thay mặt người nhập khẩu (Importer = Consignee) cam kết với người xuất khẩu (Exporter
= Shipper) sẽ trả tiền trong khoảng thời gian quy định khi Shipper (cũng chính là người thụ hưởng – Beneficiary) xuất trình
chứng từ phù hợp với Quy định trong L/C đã được Ngân hàng phát hành (Issuing Bank – ngân hàng của người mua) mở theo
yêu cầu của nhà nhập khẩu.
Người phát hành hối phiếu là nhà xuất khẩu,bên bán
1. Applicant (người yêu cầu mở L/C): Chính là người mua hàng hay nhà nhập khẩu = Importer
2. Beneficiary (Người hưởng lợi/thụ hưởng L/C ): Chính là người xuất khẩu (Shipper/Exporter)
3. Issuing or Opening Bank (Ngân hàng phát hành/Ngân hàng mở L/C ): là Bank đại diện cho nhà nhập khẩu/ người mua.
Đây là ngân hàng bên nước NKè Importing Bank
4. Advising Bank hay Notifying bank (Ngân hàng thông báo L/C): Thường là chi nhánh hoặc một ngân hàng có quan hệ với
ngân hàng bên mở L/C. (có quan hệ với NH xuất khẩu) Ngân hàng này chỉ đóng vai trò thông báo cho Người hưởng lợi
là L/C đã được mở tại ngân hàng phát hành cho người thụ hưởng theo các điều kiện của L/C.
Lưu ý: Bank này chỉ có chức năng thông báo, không có chức năng/nghĩa vụ thanh toán.
5. Confirming Bank (Ngân hàng xác nhận ): Vai trò của ông này là ngân hàng xác nhận trách nhiệm của mình sẽ cùng ngân
hàng mở L/C(NH yêu cầu trả tiền) để đảm bảo việc trả tiền cho người bán trong trường hợp ngân hàng mở L/C không có
đủ khả năng thanh toán. Bank này có thể là ngân hàng phát hành / (Nh thu tiền) yêu cầu chỉ định
6. Negotiating Bank (Ngân hàng chiết khấu/ngân hàng thương lượng thanh toán): Là ngân hàng được yêu cầu, chỉ định chiết khấu hối phiếu.
7. Reimbursing or Paying Bank (Ngân hàng trả tiền): Có thể là ngân hàng mở L/C hoặc có thể là một bank khác mà ngân
hàng mở L/C chỉ định thay mình trả tiền nhà xuất khẩu hay chiết khấu hối phiếu. (trường hợp này Bank số 7 này và số 3 có
vai trò như nhau) = Issuing Bank
Chapter 3: Commercial Documents
PART I/ Transport Documents lOMoAR cPSD| 61431571
A/ Marine/Ocean/Port to Port Bill of Lading Types of Marine B/L
*Based on transportation mode: Liner B/L and Voyage Charter
Liner shipping, often referred to as “tàu chợ,” operates much like a public bus system. It follows fixed schedules and
predetermined routes, making it convenient for exporters who need reliability and predictability in their logistics planning. One
of the main advantages of liner shipping is that it is well-suited for small cargo loads—shippers can simply reserve container
space without needing to fill an entire vessel. It also offers simplified paperwork thanks to standard contracts and bill of lading
(B/L) formats, which reduces administrative burden and legal complexity. With widespread global coverage, liner shipping
connects most major ports, and exporters benefit from the services of freight forwarders who manage logistics, customs
clearance, and documentation. However, this method is not without drawbacks. Liner shipping tends to be more expensive on
a per-unit basis, especially for large-volume cargo. It offers limited flexibility, as shippers must adhere to the carrier's schedule
and routing, which can also lead to slower delivery due to the ship making multiple stops. Furthermore, it is not ideal for
transporting bulk or non-containerized cargo such as coal or grain.
In contrast, voyage charter—known in Vietnamese as “thuê tàu chuyến”—is more like renting a private car. The charterer
leases the entire ship for a single voyage, which allows for customized schedules and direct shipping from port to port. This
method significantly lowers costs per ton for bulk cargo and allows negotiation of specific terms such as laytime, demurrage,
and freight rates. Voyage charters are particularly suited for large or specialized cargoes, including raw materials like ores,
coal, and agricultural products such as rice. Despite these benefits, voyage charters also have limitations. They involve
complex documentation, notably the negotiation of a detailed Charter Party contract. Freight rates can fluctuate dramatically
with market conditions, leading to potential cost unpredictability. Additionally, the charterer bears full responsibility for many
aspects of the shipment, including port charges and cargo handling. Voyage charters also tend to have limited availability and
may not be feasible for short-notice shipments or on all trade routes.
*Based on transportation route: Direct or Through B/L
Flexible Transport Scope: The Through Bill of Lading allows goods to be transported through multiple stages and regions—
both domestically and internationally—using a single bill of lading from the point of origin to the final destination. This unified
document ensures consistency in procedures, shortens customs processes, and facilitates smoother clearance at each stage of the journey.
Continuous Responsibility: Even if the shipment is handled by several different carriers along the route, there is no need to
change the bill of lading. Only one issuing party is fully responsible for the entire transportation journey of the cargo.
Transshipment Capability Without Loss of Validity: A major strength of the Through Bill of Lading is its ability to allow
transshipment or a change in transport modes without affecting the validity of the document. This feature is especially useful
when flexibility is required to adapt to different transport conditions during the journey.
Detailed Route Information: The Through B/L must clearly indicate all ports the cargo will pass through—including the port
of origin, any transshipment ports, and the final destination. This transparency enables both the shipper and the consignee to
track and understand the full transport route. This is also the most distinct and recognizable difference compared to a Direct Bill of Lading.
⇒ A Through Bill of Lading is used for multimodal transport involving various carriers or transport modes, often over
international or long-distance routes. It allows for transshipment and places the responsibility for the entire journey on a single
issuing party, even if multiple carriers are involved. This type is more complex due to the need for coordination across different
segments. In contrast, a Direct Bill of Lading is used for single-mode, uninterrupted transport from the origin to the destination lOMoAR cPSD| 61431571
without transshipment. It’s simpler, typically used for short-distance or domestic shipping, with one carrier taking full
responsibility throughout the journey. OTHERS B/L
1. Short Bill of Lading (Short B/L)
A bill of lading that contains information only on the front side, with the back side left blank. On the front, in addition to the
terms found on a regular bill of lading, there is also a reference clause for dispute resolution if any conflict arises.
Short B/Ls are typically used in voyage charter parties because, besides the bill of lading, there is also a voyage charter contract as mentioned above.
2. Customs Bill of Lading (Customs B/L)
When the cargo has not yet been loaded onto the vessel but must be placed in customs warehouse for clearance procedures,
Customs issues the cargo owner a type of bill called a Customs Bill of Lading. This Customs B/L is only used for customs clearance purposes.
3. Forwarder’s Bill of Lading (Forwarder B/L)
Traditionally, a bill of lading must be issued by the carrier or their authorized representative; however, nowadays, freight
forwarders not only act as agents or mere cargo handling trustees but may also provide transportation services, meaning they
have transportation functions (acting as carriers or Multimodal Transport Operators - MTOs).
When issuing a bill of lading, forwarders typically use the standard bill form issued by FIATA (Fédération Internationale des
Associations de Transitaires et Assimilés - International Federation of Freight Forwarders Associations).
The FIATA Bill of Lading (FBL) has been accepted by the ICC and banks. The FBL constitutes a contract of carriage issued
by the forwarder as a legal entity with carrier or MTO functions, rather than as a simple cargo handling agent. Because freight
forwarding companies may act either as carriers or MTOs or simply as agents of carriers or MTOs. If the forwarder is an
authorized agent of the carrier or MTO, they issue the bill of lading on their behalf. In this case, the forwarder must use a bill
of lading template bearing the name of the carrier/MTO issuing it to the shipper.
If the forwarder is only a pure cargo handling agent without transportation functions and not authorized by the carrier/MTO to
issue bills of lading, upon receipt of goods, the forwarder issues the shipper a receipt called a Forwarding Agents Certificate
of Receipt (FCR) or Forwarding Agents Certificate of Transport (FCT). FCR and FCT are not transport documents but merely
receipts from the forwarding agent. Therefore, buyers and LC issuing banks usually reject these documents.
4. Third Party Bill of Lading
A bill of lading where the shipper is not the beneficiary under the Letter of Credit (LC), but someone else. Under documentary
credit, the LC beneficiary is usually the seller, i.e., the shipper, and shown on the bill of lading as Consignor or Shipper.
However, in the case of transferable LC, the beneficiary may present documents where the bill of lading shows the shipper as a third party or an assignee.
5. Container Bill of Lading
Depending on whether the cargo sent in containers is full or less-than-container load, the bill of lading may be a Full Container
Load (FCL) or Less than Container Load (LCL) bill. +
Full Container Load (FCL) Bill of Lading: lOMoAR cPSD| 61431571
When the carrier receives goods directly from the shipper in sealed containers with security seals, the carrier issues the shipper a Container Bill of Lading.
Usually, container bills are issued before the container is loaded onto the vessel; hence they are "Received for Shipment" bills.
Since only the goods are received for shipment, LC banks often do not accept payment against this type of bill. Therefore, for
payment, the LC must specifically state "Received for Shipment Bill of Lading Acceptable."
If this is not stipulated, after the container is loaded on board, the shipper must request the carrier to replace the "Received for
Shipment" bill with a "Shipped on Board" bill or add a notation "Shipped on Board" on the bill. Once the bill becomes "Shipped
on Board," banks will accept and process payment. +
Less than Container Load (LCL) Bill of Lading:
In many cases, the shipper does not have enough goods for a full container and must consolidate with others in the same container. Then: a)
If the carrier accepts the cargo for carriage, they issue the shipper an LCL container bill of lading, functioning like
other types of bills of lading. b)
If the freight forwarder consolidates cargo from multiple shippers and arranges transportation, two types of bills are issued:
First, the carrier issues a bill to the consolidator (Master Ocean B/L). After receiving the container, the carrier issues the
consolidator an FCL bill. The FCL bill shows the shipper as the forwarding agent at the loading port and the consignee as the
consolidator’s agent at the destination port. This bill is used solely for transport and legal relations between the carrier and the
forwarding agent and is not used for LC payment purposes.
Second, the forwarding agent or consolidator issues a House B/L or FIATA bill to the individual shipper.
The forwarder, acting as the carrier’s subcontractor, issues their own bill or FIATA standard bill (if a FIATA member) to the
small shipper. This bill contains full details, listing the small shipper as consignor and the importer as consignee. The importer
presents this bill to the forwarder’s agent to receive goods at the destination. Usually, this bill is used for sales and trade
transactions, but since banks may refuse forwarder bills, exporters require importers to specify in the LC: "House or
Forwarder’s or FIATA B/L Acceptable."
B/ Non-negotiable Sea Waybill
Advantages of Non-Negotiable Sea Waybill ●
Safety for the Shipper:A non-negotiable sea waybill provides the shipper with greater control over the ownership and
transportation of the goods. The shipper does not have to worry about losing control or ownership of their cargo. ●
Suitable for Internal Transactions:This type of waybill is used in internal transactions where transfer of ownership is
not required. It simplifies procedures and reduces complexity. ●
No Need to Transfer Documents:The non-negotiable sea waybill eliminates the need to physically transfer the waybill
documents from one party to another, saving time and effort.
Disadvantages of Non-Negotiable Sea Waybill ●
Difficult to Correct Errors:If there are mistakes or amendments needed in the waybill, making corrections can be more
complicated than with a negotiable bill of lading. lOMoAR cPSD| 61431571 ●
Challenges in International Trade:In international transactions, buyers often prefer negotiable bills to facilitate payment
or delivery to third parties. Non-negotiable waybills reduce flexibility in conducting these transactions. ●
Limitations in Using as Collateral:Non-negotiable waybills cannot be used as collateral for financing purposes because
they do not transfer ownership rights. ●
Limited Protection for Buyers:If you are the buyer and need to transfer ownership or make payment before receiving
the goods, a non-negotiable waybill may cause inconvenience and risk.
C/ CHARTER PARTY BILL OF LADING
A Charter Party Bill of Lading (Charter Party B/L or Congenbill) is a bill of lading issued when goods are carried under a
voyage charter party contract and contains the clause “Subject to charter party” or “To be used with charter party.”
The bill states that all terms, exemptions, and conditions for the carrier as specified in the charter party contract—including
governing law and arbitration clauses—apply to this bill of lading and that all provisions of the charter party are an integral
part of the bill. The exact English wording is as follows:
“Bill of Lading. To be used with charter-parties. Code name: ‘Congenbill,’ edition 1994. Adopted by the Baltic and International
Maritime Council (BIMCO). All terms and conditions, liberties and exceptions of the Charter Party, dated as overleaf, including
the Law and Arbitration Clause, are herewith incorporated.”
Generally, this type of bill functions mainly as a receipt from the carrier, confirming that a specified quantity of goods has
been received onboard for carriage to the discharge port with details as stated on the bill, and serves as evidence of the contract
made (or deemed made) with the relevant parties.
Compared to a regular bill of lading, its content is concise, and it is always used together with the charter party contract.
Therefore, the entire charter party contract forms part of the bill of lading. Under terms like CFR (Cost and Freight), the buyer
must implicitly accept all terms of the charter party. Common Usage and Risks
This type of bill is quite common. When buying goods under CFR terms, the seller signs the charter party contract with the
carrier, but the buyer rarely sees this contract. The seller may accept unfavorable conditions imposed by the carrier, such as
liability exemptions or dispute resolution clauses.
If the buyer wants to claim damages or losses against the carrier, it can be very difficult because the unfavorable terms in the
charter party, originally between the seller and carrier, transfer to the buyer. Often, buyers do not have the charter party contract,
or if they do, the statute of limitations to sue has expired or is about to expire.
Buyers should be aware that risks and ownership transfer from the seller to the buyer once the goods pass the ship’s rail at the loading port under Incoterms. Advice for Buyers
Besides requiring a “clean” and “shipped on board” bill of lading, buyers need to pay attention to the type of bill they receive.
Many importers overlook this until problems arise and discover that the bill is subject to a charter party contract. Therefore,
buyers should ask sellers to arrange a bill of lading not issued under a charter party. Carriers usually have their own bill
templates called “owner’s bill of lading,” “bill of lading,” “liner bill of lading,” or “CONLINEBILL” (the liner bill of lading
is approved by the International Maritime Organization and BIMCO).
It is strongly recommended to read the instructions carefully before use.
The purpose of using a non-Charter Party bill is so that if disputes arise, the buyer can claim directly against the carrier without
referring to the charter party (as the bill is independent of the charter party).
When You Must Accept a Charter Party Bill
If forced to accept a Congenbill (Charter Party Bill), buyers should negotiate key terms of the charter party with the seller to
avoid surprises (e.g., exemptions, dispute resolution, governing law). Additional Considerations ●
Ship Age: Younger ships (under 15 years) are more reliable but often more expensive (higher freight rates). Depending
on cargo type, route, weather, and delivery time, ship age must be appropriate. lOMoAR cPSD| 61431571 ●
Classification Society: The ship’s classification society is important as it indicates vessel quality. Vessels classified by
reputable societies are generally more expensive but safer. Insurance claims might be worthless if the vessel’s quality causes delayed cargo delivery. ●
Dispute Resolution Location: Buyers should maximize efforts to ensure disputes are settled near Vietnam (e.g.,
Singapore, Hong Kong) or ideally in Vietnam itself, applying Vietnamese law. Though currently, this is hard to achieve,
Vietnam can sometimes serve as a third-party jurisdiction in charter party contracts involving the seller and carrier.
VẬN ĐƠN THEO HỢP ĐỒNG THUÊ TÀU CHUYẾN (CHARTER PARTY BILL OF LADING)
Vận đơn theo hợp đồng thuê tàu (Charter Party B/L hay Congenbill): là vận đơn được phát hành trong trường hợp hàng hoá
được chuyên chở theo một hợp đồng thuê tàu chuyến và trên đó có ghi câu ” Phụ thuộc vào hợp đồng thuê tàu” hoặc câu “Sử
dụng với hợp đồng thuê tàu” (to used with Charter Party).
Vận đơn viết rằng mọi điều khoản, mọi miễn trách cho người vận chuyển ghi trong hợp đồng vận chuyển tàu chuyến, bao gồm
cả điều khoản về luật áp dụng và trọng tài, phải được áp dụng cho vận đơn này và mọi điều khoản của HĐVCTC là một phần
không tách rời của vận đơn. Nguyên văn bằng tiếng Anh như sau: Bill of Lading. To be used with charter-parties. Code name:
“Congenbill”, edition 1994. Adopted by the Baltic and International Maritime Council (BIMCO). All terms and conditions,
liberties and exceptions of the Charter Party, dated as overleaf, including the Law and Arbitration Clause, are herewith incorporated.
Thông thường, loại vận đơn này chỉ có chức năng là giấy biên nhận (receipt) của người vận chuyển, xác nhận đã nhận lên tàu
để vận chuyển đến cảng trả hàng một số lượng hàng với chi tiết như đã nêu trên vận đơn và là bằng chứng của hợp đồng
(evidence of contract) đã giao kết (hoặc mặc nhiên được coi là giao kết) với bên có liên quan. So với vận đơn thông thường,
nội dung của vận đơn này ngắn gọn, như đã nói ở trên, luôn dùng cùng với HĐVCTC và toàn bộ HĐVCTC là một phần của
vận đơn nên người mua hàng theo điều kiện CFR phải mặc nhiên chấp nhận toàn bộ điều khoản của HĐVCTC.
Loại vận đơn này được sử dụng khá phổ biến. Khi mua hàng theo điều kiện CFR… thì người bán hàng ký HĐVCTC với người
vận chuyển; người mua hàng ít khi được biết đến hợp đồng này. Người bán hàng có thể chấp nhận những điều kiện không
thuận lợi mà người vận chuyển đưa ra, như điều khoản về miễn trách cho người vận chuyển, nơi và luật áp dụng để giải quyết
tranh chấp… Trường hợp người mua hàng muốn khiếu nại người vận chuyển về hư hỏng, mất mát hàng hóa thì gặp rất nhiều
khó khăn vì những điều khoản bất lợi cho người bán hàng (người thuê vận chuyển) trong HĐVCTC nay được chuyển sang cho
người mua. Nhiều khi người mua hàng không có (hoặc có không đầy đủ) HĐVCTC hoặc khi có được hợp đồng này thì thời
hiệu khởi kiện đã hoặc… gần hết. Người mua cần lưu ý là rủi ro và sở hữu về hàng hóa đã chuyển từ người bán sang người
mua khi hàng qua lan can tàu tại cảng bốc hàng theo điều kiện thương mại quốc tế (Incoterms).
Về nơi và luật áp dụng để giải quyết tranh chấp, giả sử người mua hàng khiếu nại nhưng theo HĐVCTC nơi giải quyết và luật
áp dụng lại ở một nước xa xôi, đi lại tốn kém, chi phí luật sư cao (ví dụ: nước Anh)… thì ngay cả khi thắng kiện, người mua
cũng… “không thắng” về mặt “kinh tế” vì đã chi có phần hơi nhiều (tòa chỉ chấp nhận một mức “hợp lý” mọi chi phí phát
sinh, kể cả phí luật sư). Đấy là chưa kể có khi phải chờ… “dài cổ” mới đến lượt… “hầu tòa”.
Với người mua hàng, ngoài việc cần phải cố gắng đạt được như vận đơn “sạch” và “hàng đã bốc” (clean and shipped on board),
cần lưu ý đến vận đơn thuộc loại nào. Thực tế cho thấy, một số “nhà nhập khẩu” (người mua hàng) không “để ý” lắm đến vận
đơn loại nào, khi “có việc” mới mở ra xem thì… nó lại phải theo HĐVCTC (như đã nêu trên). Vì vậy cần phải yêu cầu người
bán thu xếp vận đơn thuộc loại không phải là “vận đơn ký phát theo HĐVCTC”. Người vận chuyển thường có mẫu vận đơn
riêng (thường gọi là “owner’s bill of lading”, “bill of lading”, “liner bill of lading”, hoặc “CONLINEBILL” (“liner bill of
lading” được Tổ chức Hàng hải quốc tế và Ban-tích thông qua).
Rất nên… “đọc kỹ hướng dẫn sử dụng trước khi dùng”. Mục đích của việc này (dùng vận đơn không phải loại
“CONGENBILL”) là khi “hữu sự” người mua hàng có thể khiếu nại người vận chuyển mà không cần tham chiếu đến HĐVCTC
(vì nó độc lập với HĐVCTC). Nếu buộc phải chấp loại vận đơn “CONGENBILL” (vì không thể… “muốn gì được nấy”) thì
nên thỏa thuận những nội dung chính của HĐVCTC với người bán hàng để không bị… bất ngờ (như điều khoản về miễn trách,
giải quyết tranh chấp, luật áp dụng). Về tuổi tàu, “trẻ” (dưới 15 tuổi) thì “khỏe” nhưng lại… “đắt” (giá cước cao). Tuy nhiên,
tùy từng loại hàng, tuyến đường, thời tiết, thời gian giao hàng mà cần tuổi tàu phù hợp. Tên hãng đăng kiểm của tàu
(classification society) cũng quan trọng, vì nó cho biết khá rõ chất lượng của tàu (đăng kiểm ở hãng “có tiếng” thường “đắt” lOMoAR cPSD| 61431571
và khó được “thông cảm” khi tàu không đủ chất lượng lưu hành) vì nhiều khi, tiền bồi thường của hãng bảo hiểm hàng hóa
không còn ý nghĩa khi không có hàng kịp thời vụ.
Part 3: Goods Documents A/Commercial Invoice
Trong đó, có 2 loại hóa đơn chủ yếu cần phân biệt rõ ràng là Proforma Invoice – hóa đơn chiếu lệ và Commercial Invoice – hóa đơn thương mại.
A Proforma Invoice (PI) is a preliminary document issued after the buyer requests a quotation and before the goods are shipped.
It includes estimated information such as product details, quantity, and pricing. Its main purpose is for negotiation and cost
estimation, and it can be revised multiple times by both parties. However, it holds no legal or payment obligation. A Commercial
Invoice (CI) is a final, legally binding document issued after the goods are shipped and the agreement is finalized. It includes
accurate details regarding the shipment and serves as the official request for payment. The CI is used for customs clearance
and tax calculation, and once issued, its content cannot be modified.
Proforma Invoice là gì?
Proforma Invoice là gì? Proforma Invoice được viết tắt là PI, đây là hóa đơn chiếu lệ được người bán lập nên, về cơ bản nó
cũng có nội dung như Invoice. Tuy nhiên Proforma Invoice được lập và gửi cho người mua trước khi giao một lô hàng để một
lần nữa xác nhận các cam kết, điều khoản, điều kiện, mà hai bên đã thỏa thuận và thống nhất với nhau trước đây. Đây có thể
coi là một bản thảo hay bản nháp mà bên bán cung cấp cho bên mua. Khi bên mua xác nhận thì nó sẽ hoạt động như một hợp
đồng mua bán hàng hóa chính thức. Với hoá đơn chiếu lệ, cả hai bên sẽ giảm thiểu rủi ro trong việc thanh toán, loại bỏ các vấn
đề sai sót, kiện tụng xảy ra.
⇒ A Proforma Invoice (abbreviated as PI) is a preliminary invoice issued by the seller. Essentially, it contains similar
information as a commercial invoice. However, a Proforma Invoice is created and sent to the buyer before the shipment is
dispatched, serving as a final confirmation of the commitments, terms, and conditions that both parties have previously agreed
upon. It can be considered a draft that the seller provides to the buyer. Once the buyer confirms it, it acts as an official sales
contract. By using a Proforma Invoice, both parties minimize risks related to payment and help prevent errors or legal disputes.
Hoá đơn thương mại – Commercial Invoice là gì?
Commercial invoice được viết tắt là CI, là hóa đơn thương mại cao cấp hơn hoá đơn thông thường, được sử dụng để ghi lại
bằng chứng về quá trình giao dịch ngoại thương giữa bên xuất khẩu (nhà cung cấp) và bên nhập khẩu (bên mua). Hóa đơn này
có nội dung cụ thể hơn so với thực tế, đồng thời có chức năng như một lời yêu cầu thanh toán với bên nhập khẩu, mang tính
chất thương mại. Nội dung của Commercial Invoice gồm phương thức vận chuyển lô hàng, chức năng cơ bản trong thanh toán,
cơ sở khai báo hải quan, tính thuế xuất nhập khẩu lô hàng, phương thức thanh toán, thời hạn, tên mặt hàng,…Commercial Invoice là gì?
⇒A Commercial Invoice (abbreviated as CI) is a more formal and comprehensive version of a standard invoice. It is used to
document the details of an international transaction between the exporter (supplier) and the importer (buyer). This invoice
contains more specific information and serves as a request for payment with commercial value. It includes shipment methods,
payment terms, customs declaration details, import/export tax calculations, payment deadlines, item names, and more.
Essentially, it serves as proof of transaction and a basis for taxation and customs clearance.
Provisional Invoice – Hóa đơn tạm thời
Provisional Invoice là gì? Đây là hóa đơn tạm thời thay thế cho hóa đơn chính thức, được sử dụng trong các trường hợp sau
đây. Trường hợp khi người bán muốn tạm thời thu tiền ngay sau khi hoàn thành giao hàng. Trường hợp khi đơn hàng được giao
nhiều lần và hai bên muốn thanh toán theo từng đợt. Và trường hợp khi hai bên muốn chọn mức giá tạm thời, còn giá chính
thức cuối cùng sẽ quyết định theo giá thị trường.
⇒A Provisional Invoice is a temporary invoice that acts as a substitute for the final invoice in the following situations:
● When the seller wants to receive partial payment immediately after delivery.
● When goods are delivered in multiple shipments, and the parties prefer to settle payments in stages. lOMoAR cPSD| 61431571
● When both parties agree to use a temporary price, with the final price determined later based on market rates.
Final Invoice – Hóa đơn chính thức
Final Invoice là gì? Là hóa đơn cuối cùng, hóa đơn chính thức xác định tổng giá trị đơn hàng cuối cùng mà người mua phải
thanh toán cho người bán. Đây là cơ sở thanh toán tiền hàng cuối cùng để kết thúc giao dịch giữa hai bên.
⇒ A Final Invoice is the last and official invoice that states the total amount the buyer must pay to the seller. It serves as the
final payment request and marks the completion of the transaction between the two parties.
Certified Invoice – Hóa đơn xác nhận
Certificate Invoice là gì? Là hóa đơn được sử dụng để xác nhận xuất xứ hàng hóa với chữ ký của phòng thương mại và công
nghiệp. Bên cạnh chức năng xác nhận nguồn gốc, xuất xứ hàng hóa, hóa đơn xác nhận còn được dùng như một chứng từ có chức năng như hóa đơn
⇒ A Certified Invoice is an invoice used to verify the origin of goods, and it is signed by the Chamber of Commerce and
Industry. Besides confirming the origin, this invoice also functions similarly to a standard invoice and may be used as
supporting documentation in international trade.
Consular Invoice – Hóa đơn lãnh sự
Consular Invoice là gì? Là hóa đơn xác nhận được cấp bởi lãnh sự của nước người mua, đang sống và làm việc tại nước người
bán. Hóa đơn lãnh sự sẽ được lãnh sự quán đóng dấu, ủy quyền, nó có tác dụng thay thế cho giấy chứng nhận xuất xứ.
⇒ A Consular Invoice is an invoice that is certified by the consulate of the buyer’s country, who is based in the seller’s country.
This invoice must be stamped and authorized by the consulate and can serve as a substitute for a certificate of origin in certain cases.
Customs Invoice – Hóa đơn hải quan
Hóa đơn hải quan Customs Invoice là gì? Là hóa đơn dùng để tính toán trị giá hàng hóa theo giá tính thuế của hải quan và tính
toán các khoản lệ phí khác của hải quan. Hóa đơn này chủ yếu dùng trong khâu tính thuế, nó có chức năng yêu cầu thanh toán
tiền nên không được lưu thông.
⇒A Customs Invoice is used for calculating the value of goods based on customs valuation for tax purposes and other related
fees. This invoice is primarily used during the customs clearance process and for import/export tax calculations. It is not
intended for general circulation or standard payment purposes.
Chapter 4: Financial Documents
1/Check: Yêu cầu ngân hàng trả tiền cho người được ghi trên séc
-Drawer : = Importer: Bên (NH) trả tiền -Payee: = DN nhận tiền
-Drawee:= Bên (NH nhận tiền= Exporter Types of check: *Based on payment method:
-In cash check : This type of check is used to withdraw cash directly from the paying bank. It is often issued for personal or
urgent payments and can be encashed by the bearer. While convenient, it carries a higher risk of loss or theft.
-Transfering check: This check is used for bank transfers rather than cash withdrawals. When presented, the bank deducts
money from the payer’s account and credits it to the beneficiary’s account. It is safer than in cash check, especially for business transactions. *Based on check issuer
-Individual check:Issued by individuals from their personal bank accounts. These are common in personal or small business
transactions and reflect the issuer’s responsibility to ensure sufficient funds. lOMoAR cPSD| 61431571
-Certificate cheque :This is a guaranteed check issued by a bank, certifying that the payer has enough funds in their account
and the bank reserves that amount for payment. It provides higher security and reliability for the payee. *Based on transferability
-Named check: The name of the payee is clearly stated on the check. Only the person or entity named can cash or deposit it.
This type limits unauthorized use and is suitable for secure transactions.
-Nameless cheque-cheque to bearer: This check does not specify a payee. Whoever holds the check is considered the rightful
recipient and can present it for payment. It is highly flexible but poses a risk if lost or stolen.
-Cheque to order : This type allows the payee to transfer the check to someone else by endorsement (signing on the back). It
must still be presented by a named individual or order.
-In order check: Similar to a cheque to order, it is payable to a specific person or their endorsed assignee. It supports legal
transfer and is commonly used in business or formal payments. *Special kinds of check
-Crossed cheque: This check has two parallel lines on its top left corner or across the face, indicating it cannot be cashed over
the counter but must be deposited into a bank account. It enhances security and traceability.
-Transferable cheque: A check that can be transferred from one party to another through endorsement. It is ideal for chain
transactions where payment is passed through multiple hands.
-Traveller’s cheque: Issued by banks or financial institutions for use during travel. It is pre-printed with a fixed amount and
can be replaced if lost or stolen. Though less common today, it was once a secure method for carrying money abroad. Procedure of Check payment
2/ B/E (BE khác BL): Bill of Exchange là financial documents Types of BE: *Based on the issuer of BE
Trade Bill of Exchange: Drawn by a seller (exporter) on a buyer (importer) for payment of goods or services. It reflects a
commercial transaction between two parties.
Bank Bill of Exchange:Issued by a bank, often guaranteeing payment on behalf of a client. It adds credibility and reduces risk
in the transaction, making it more acceptable in international trade. *Based on attached documents
Clean Bill of Exchange:Not accompanied by any shipping or title documents. It's typically used when trust exists between
buyer and seller, as it offers less security.
Documentary Bill of Exchange:Accompanied by documents like invoices, bills of lading, or insurance certificates. These
documents serve as proof of shipment and are often required for the buyer to take possession of goods.
*Based on transferability of BE
Order Bill of Exchange:Payable to a specific person or their order, allowing transfer through endorsement.
Nominal Bill of Exchange:Specifies a particular payee without the option to transfer, making it non-negotiable.
Bearer Bill of Exchange:Payable to whoever holds the bill, transferring ownership by mere delivery without endorsement
*Based on duration payment of BE
At sight Bill of Exchange – On demand bill of exchange (T+2):Payable immediately upon presentation to the drawee. It's used
when the seller wants prompt payment.
Time Bill of Exchange:Payable at a future date, either a fixed date or a specified period after sight or date. It provides the buyer
with a credit period before payment is due. Important features of BE
A Bill of Exchange derives much of its utility and strength from two fundamental characteristics: transferability and legal
protection of payment. First and foremost, transferability ensures that a bill of exchange functions as a negotiable instrument,
capable of passing from one party to another with relative ease and minimal formalities. To qualify as negotiable, a bill must
explicitly be payable “to order” or “to bearer,” and it must bear no endorsements or markings that would render it non- lOMoAR cPSD| 61431571
negotiable. When a bill is made payable to order, the original payee can transfer the right to receive payment to a third party
by endorsing it; the endorsement must follow a prescribed form, most commonly the simple directive “Pay to the order of
[Endorsee],” accompanied by the endorser’s signature. Alternatively, a blank endorsement—where the endorser merely signs
the back of the bill without naming a specific endorsee—converts the instrument into a bearer bill, meaning that possession
alone suffices for entitlement to payment. The process of transfer is thus remarkably straightforward: the endorser signs to
indicate consent to transfer, and the instrument is handed over to the new holder. Because no additional documentation or
formal registration is required, bills of exchange can traverse multiple holders through successive endorsements or by mere
delivery in the case of bearer instruments, facilitating liquidity and trust in commercial transactions.
Second, the legal protection of payment afforded by a bill of exchange is among its most powerful features. Central to this
protection is the concept of the “holder in due course,” a party who acquires the bill in good faith, for value, and without notice
of any defects or defenses against its payment. A holder in due course enjoys a privileged status: even if the drawee (typically
a bank or other financial institution) or the maker (drawer) of the bill has personal disputes, set-offs, or claims arising from the
underlying commercial transaction, those controversies generally cannot be invoked to deny payment to the holder in due
course. This insulation from personal defenses preserves the bill’s reliability as a means of payment and financing, assuring
subsequent holders that their entitlement to payment remains secure. Moreover, if the drawee dishonors the bill—by refusing
to accept or pay it when presented—the holder in due course has recourse not only against the drawee but also against all prior
parties in the chain of endorsements, including the original drawer and any endorsers. In practical terms, this means that when
a bill is dishonored, any prior endorser who transferred the bill remains liable to satisfy it, thus reinforcing the instrument’s
creditworthiness and encouraging parties to examine a bill’s provenance before acceptance. Together, transferability and legal
protection make the bill of exchange a versatile and robust instrument for facilitating trade and extending credit. Transferability
ensures that the instrument can circulate freely among holders, while the concept of the holder in due course and the
accompanying recourse provisions shield bona fide holders against many common payment risks. By combining ease of
transfer with strong legal safeguards, bills of exchange continue to play a vital role in international commerce, bridging gaps
between buyers and sellers and underpinning the efficient movement of goods and funds across board
Special Characteristics of BE
A Bill of Exchange possesses a set of formal characteristics that together render it a reliable and enforceable commercial
instrument. First and foremost, it must be in writing: the requirement for a tangible, documented promise or order ensures
clarity of terms and provides an evidentiary record that can be examined and enforced in the event of dispute. This written
form distinguishes a bill of exchange from oral agreements or informal IOUs, thereby enhancing its credibility in trade and
finance. Second, the instrument needs to be signed by the maker (drawer), whose endorsement reflects a deliberate and legally
binding commitment to effect payment. Without the maker’s signature, the document lacks the essential authentication that
transforms it from a mere memorandum into an actionable order.
Equally important is that the bill must contain an order rather than a mere request; it is not a suggestion or a “please pay”—it
is an unequivocal instruction from the drawer to the drawee (often a bank or another party) to pay the specified sum. Closely
tied to this is the principle that the instrument must be unconditional. In other words, the payment order cannot be subject to
any external conditions, qualifications, or contingencies. Any wording that ties payment to the occurrence of a separate event—
for example, “pay if and when goods are sold”—would strip the bill of its negotiable character and impede its transferability.
A bill of exchange also must be directed to a certain person, meaning that it names a drawee who is explicitly tasked with
effecting payment. This specificity ensures that there is no ambiguity around who bears the obligation to pay on presentation.
Whether the drawee is an importer, a financial institution, or another designated party, the instrument’s clear addressing leaves
no doubt as to where the payor’s responsibilities lie.
Furthermore, the bill must specify a certain sum of money. Unlike agreements to pay a variable or speculative amount, a bill
of exchange requires a fixed, determinable figure—whether in the form of a single lump sum due at maturity or a clearly
defined installment schedule. This precision is vital because negotiability depends on the ability to calculate the instrument’s
value accurately and to discount or endorse it without recalculation or disagreement over the amount.
Lastly, in many jurisdictions, a bill of exchange must be properly stamped in accordance with local stamp‐duty laws. The act
of stamping (or its electronic equivalent where authorized) serves as proof that any requisite tax or duty has been paid, lOMoAR cPSD| 61431571
legitimizing the instrument for legal enforcement. Failure to affix the correct stamp can render the bill inadmissible in court or
subject it to penalties, thereby undermining its reliability as a payment and credit mechanism.
Taken together, these characteristics—writing, maker’s signature, clear order, unconditionality, precise direction, specified
amount, and proper stamping—form the backbone of a bill of exchange’s legal architecture. They ensure that each instrument
communicates with unequivocal clarity who is to pay, who is to receive, when and how much must be paid, and that all statutory
formalities have been observed. By meeting these exacting requirements, a bill of exchange not only facilitates smooth
transactions between exporters and importers, lenders and borrowers, or between related corporate entities, but also underpins
the confidence of subsequent holders—be they banks, traders, or financial intermediaries—that the instrument can be
transferred, discounted, and ultimately enforced with minimal friction. In sum, the rigorous formalities of the bill of exchange
protect all parties involved and sustain the instrument’s central role in commercial finance. 3/ Promissory note
A Promissory Note is an unconditional written promise made by the issuer (also known as the maker of the note) to pay a
specific amount of money at a specified future date to the beneficiary or to another party as directed by the beneficiary. Unlike
a Bill of Exchange, which is a demand for payment, a Promissory Note is a commitment to pay. In a Promissory Note, the
issuer is directly responsible for paying a defined amount to the payee named on the note. In contrast, a Bill of Exchange is a
document in which the drawer (the party requesting payment) seeks payment from another party. In this case, the drawer is the
payee, whereas the issuer of a Promissory Note has the obligation to fulfill the payment as promised.
Key Features of a Promissory Note:
● The issuer of the promissory note is the party making the payment commitment.
● It is a written promise to pay and serves as a legally binding document.
● To ensure legal enforceability and guarantee payment, a Promissory Note often requires a guarantor—
typically a third party such as a bank—who commits to paying the amount if the issuer defaults.
● The involvement of a guarantor is crucial unless the issuer possesses strong financial credibility and widespread trust.
● With such a guarantee, the beneficiary can be assured of receiving the promised funds even if the issuer
encounters financial difficulties.
In essence, a Promissory Note is a financial instrument in which the debtor unconditionally promises in writing to pay a
specified sum of money to the creditor. 4/Payment card Types of payment card: *Based on technology: -Embossing Card
An embossed card—known in English as an “embossed card”—is a type of payment card whose key account details are
physically raised above the surface, creating a tactile impression that can be felt by touch. Historically, when electronic payment
systems were in their infancy, embossing served a critical role: merchants could press the card against carbon paper slips in
manual imprinters (often nicknamed “zip-zap machines”) to capture a physical impression of the card number, cardholder
name, and expiration date. Those raised characters allowed clerks to create paper transaction records anywhere, even before
terminals and electronic point-of-sale (POS) devices became ubiquitous.
Embossed cards are distinguished by their stamped-into-plastic characters—typically the 16-digit account number, the
cardholder’s name, and the card’s expiry date—each coated in shiny metallic or contrasting ink to ensure legibility. Although
embossing originated as a necessity for manual transaction processing, it persisted long after the advent of magnetic stripes,
chip-and-PIN, and contactless technologies. The tactile feature provided both a quick, visual way to verify a card’s authenticity
and a backup for merchants to fall back on when electronic systems were down.
In practice, transactions with an embossed card still follow the same basic authorization and settlement workflow as fully
electronic payments. Once the merchant initiates an imprint—either via a manual imprinter or a POS terminal that reads the
embossed data—the transaction details are sent through the merchant’s acquiring bank to the card-scheme network (e.g., Visa,
Mastercard). The network then routes the request to the issuing bank for real-time authorization. Upon approval, the merchant lOMoAR cPSD| 61431571
captures the authorized amount and, in a batch process at day’s end, submits all embossed-card transactions for clearing and
settlement. Even though computers handle the heavy lifting electronically, the raised characters remain on the plastic as a vestigial feature.
By the late 2000s, however, the practical need for embossing had diminished. As card-issuers and networks embraced fully
electronic processing—incorporating magnetic stripes, EMV chips, and contactless interfaces—embossed characters added
cost and complexity without delivering substantive operational benefits. In 2008, Visa publicly gave financial institutions the
choice to issue flat-printed “laser cards” rather than embossed cards, noting that the switch could save issuers both time and
expense. Laser-printed cards replicate the same information in clear, digitally printed text, yet do away with the extra
manufacturing steps and equipment required for embossing. Meanwhile, chip-enabled cards deliver near-instant, encrypted
transaction data that is more secure and efficient than any manual imprint could provide.
Despite its declining necessity, embossing remains valued by some merchants and cardholders as a symbol of traditional, tactile
security, and certain industries—like car rentals—still prefer embossed cards because they can be manually imprinted if
wireless or electronic networks fail. Nevertheless, the broad trend in payments continues toward sleeker, fully digital cards
without raised characters—reflecting an industry-wide shift to faster, more reliable, and more secure processing technologies.
As embossed cards gradually fade from the mainstream, they endure as a reminder of the transition from purely mechanical
transaction recording to today’s sophisticated electronic infrastructures. -Magnetic Stripe Card -Smart Card Procedure of card payment
A card payment transaction unfolds through a well-defined sequence of electronic steps, each governed by industry standards
and secure communications protocols to ensure that funds flow seamlessly from the cardholder’s account to the merchant’s
account. First, the cardholder initiates a purchase—either by swiping or dipping a physical card at a point-of-sale terminal or
by entering card details on a merchant’s website and submitting them through a secure payment gateway. In the case of an
online sale, the card data is encrypted via SSL/TLS protocols before it leaves the cardholder’s browser, protecting sensitive
information against interception.
Once the merchant’s system receives those encrypted card details, it forwards an authorization request to its acquiring bank—
or, in many e commerce scenarios, to a third-party payment processor or gateway like PayPal, Stripe, or Adyen. This
authorization request includes the card number, expiration date, CVV, the transaction amount, and merchant credentials. The
acquiring bank then routes the request through the appropriate card-member interchange network (for example VisaNet or the
Mastercard Network), which identifies the issuing bank that manages the cardholder’s account.
Upon receiving the request, the issuing bank performs a real-time risk check and account validation: it verifies that the card is
valid, checks for sufficient available credit or funds, and screens for potential fraud. If all checks pass, the issuer places a hold
on the requested amount and issues an “approval” response code back through the interchange network to the acquirer, which
in turn relays it to the merchant’s terminal or payment gateway. The merchant then completes the sale, providing goods or
services to the cardholder with the confidence that payment has been guaranteed up to the approved amount. Later—typically
in a batch process at the end of the business day—the merchant submits all approved authorizations (known as “captured”
transactions) to the acquiring bank for clearing and settlement. During clearing, transaction data is formatted into clearing files
and exchanged among the acquiring bank, the card interchange network, and the issuing bank. The interchange network
calculates the applicable fees—interchange fees payable to the issuing bank, assessment fees for the network itself, and any
processor fees—and prepares settlement instructions.
In the final settlement phase, the issuing bank transfers net funds (the transaction amount less interchange and assessment fees)
through the interchange network to the acquiring bank. The acquiring bank credits the merchant’s settlement account—often
within one to two business days—thus completing the flow of funds from cardholder to merchant. Throughout this process,
reconciliation reports and settlement statements are generated by both the acquirer and the issuer, ensuring that every
authorization, clearing entry, and settlement credit can be audited and reconciled against the merchant’s own records.
Whether in a brick-and-mortar store or through an online checkout, each of these steps—from encrypted data capture, secure
message routing through the acquiring bank, real-time issuer approval, batch clearing, to final settlement—works in concert to
provide cardholders with convenience and liquidity while giving merchants reliable, near-immediate access to their revenues. lOMoAR cPSD| 61431571
This multi-party choreography, managed by payment networks and financial institutions, exemplifies the robust infrastructure
underpinning modern electronic commerce.
Characteristics of using paying card:
Using a payment card offers consumers a blend of convenience, security, and financial control that cash and traditional
travelers’ checks simply cannot match. Perhaps the most immediately apparent benefit is the dramatic reduction in the need to
carry large amounts of physical currency or make frequent stops at ATMs. Whether shopping in a local store, paying for a hotel
room abroad, or settling an online purchase, a single card—Visa, Mastercard, American Express, or another network—can be
used almost anywhere, keeping wallets light and peace of mind high. When cash runs low, there is no scramble to locate a
compatible ATM; instead, funds are drawn directly from a checking account or advanced as credit, depending on the card type.
This seamless access to funds also mitigates the risk of being stranded without means to pay for food, transportation, or emergency expenses.
Beyond convenience, payment cards are engineered with multiple layers of security that safeguard both users and merchants.
In the event a card is lost or stolen, the cardholder need only contact their issuing bank or card network, and a replacement can
typically be dispatched within days—or even overnight—with the outstanding balance protected. Unauthorized transactions
detected by the card issuer’s fraud monitoring systems are often reversed automatically, while the genuine cardholder is
shielded from liability, subject to the network’s zero-liability policies. This rapid replacement and robust refund mechanism
stand in stark contrast to cash, which once lost or stolen rarely returns, and travelers’ checks, which can be cumbersome to report and replace.
At the technical core of modern payment cards lies chip-and-PIN technology—a global standard in which an embedded
microchip authenticates the card, and a personal identification number (PIN) confirms the cardholder’s identity. Unlike
magnetic stripes that are easily cloned, EMV chips generate a unique cryptographic code for each transaction, rendering stolen
data useless to would-be attackers. Even if a fraudster obtains a physical card, without the corresponding PIN they cannot
complete an in-person transaction. Contactless cards go a step further, requiring close proximity and limited transaction
amounts to reduce the impact of lost or skimmed cards. Together, these technologies erect formidable barriers against unauthorized use.
Payment cards also double as powerful tools for personal finance management. Every swipe, dip, or tap generates a detailed
record in the cardholder’s monthly statement or online banking portal, cataloging the date, merchant name, transaction amount,
and location. By reviewing these records, users can easily track spending patterns, identify subscription renewals, detect
anomalies, and establish budgets. Alerts and categorization tools provided by many card issuers further enhance this visibility,
notifying cardholders of large transactions or potential errors in real time. In this way, payment cards help people maintain
fiscal discipline, avoid overdraft fees, and make informed decisions about their purchasing behavior.
Lastly, payment cards enjoy near-universal acceptance, which is especially invaluable for travelers. Rather than exchanging
cash for multiple foreign currencies or carrying bulky traveler’s checks—each subject to fluctuating exchange rates and service
fees—cardholders can transact in local currencies at the prevailing interbank rate, often with only a modest foreign-transaction
fee. Merchant terminals, online checkout pages, ride-sharing apps, and even vending machines around the world recognize
major card networks, reducing friction and simplifying budgeting abroad.
In sum, payment cards redefine modern consumer finance by combining unparalleled convenience with advanced security
measures, robust fraud protection, clear spending visibility, and global acceptance. They alleviate the burdens associated with
cash, minimize financial exposure, and empower users to manage their money efficiently—whether at home or halfway around the world.
Bài tập về lập Hối phiếu B/L : Một số lưu ý
-Bên bán hoàn thành giao hàng ngày nào thì ngày hôm đấy sẽ là ngày issue B/L to Importer ⇒ Latest date of shipment/Shipment date
Hối phiếu sẽ được phát hành sau ngày vận đơn hoặc là ngày ghi trên hóa đơn .Nếu không có ngày hóa đơn thì là ngày vận đơn hoàn thành giao hàng
-Pay to the order of : .Bên Seller/Exporter mở L/C tại Ngân hàng nào thì ghi ở mục này⇒ GHI EXPORTING BANK +
Trả cho NH phục vụ bên XK tại nước NK lOMoAR cPSD| 61431571
-To: Gửi cho bên bán =Ghi Importing BANK là bên trả tiền
Drawn under là gi bên Importing Bank
-For : Trước số tiền sẽ ghi ký hiệu tiền tệ của cho nước XK :Ghi số tiền bằng số
-Bên dưới ghi số tiền bằng chữ, có sử dụng ký hiệu quốc gia XK ở ngay đầu dòng chữ ghi số tiền…only
Dạng bài : Ký phát hối phiếu : Ký phát hối phiếu tìm các thông tin Ngân hàng xuất, ngân hàng nhập, người xuất, người
nhập, số tiền. Thằng nào khác ko quan tâm. ⇒Xem chapter 4
Dạng bài : Sửa sai L/C
⇒ Chỉ sai thông tin trong L/C, KO sai số trường và tên trường
Ví dụ 43A hay 54B ko sai, đứa nào ko đi học làm sai tự chịu Chapter 5 and 7
1/ Remittance A/ TTR /TT : Telegraphic Transfer
*The advantages and disadvantages of the Telegraphic Transfer Remittance (TTR) Payment Method
I. Advantages of TTR Payment 1.
Fast transaction processingTTR allows businesses to transfer money internationally through banks using telegraphic
transfer or SWIFT, making transactions quick and efficient. Typically, processing takes only 1 to 3 business days, which is
much faster than other methods. This speed helps businesses save time and accelerate trade. 2.
Lower costs than L/C : One of the biggest advantages of TTR is lower transaction costs. Since banks don’t need to
provide payment guarantees, the only fees involved are international transfer fees, which usually range from 0.1% to 0.3% of
the transaction value, depending on the bank. This can help businesses save money, especially when handling frequent transactions 3.
Simple procedures, easy to use : Compared to other payment methods like L/C, TTR is much simpler. Businesses only
need to provide a Sales Contract, a Commercial Invoice, and some related documents. There’s no need for complex paperwork
or multiple verification steps, reducing administrative work and avoiding document errors. 4.
Best for long-term business partners: TTR is a great option for businesses with a strong, long-term partnership.
Whenboth parties trust each other, the buyer isn’t afraid of losing money by prepaying, and the seller doesn’t worry about
payment delays. This is why TTR is often used in established business relationships rather than new transactions. 5.
Flexible payment options (prepayment or post-payment) : TTR allows businesses to choose between TTR Before
Shipment (prepayment) and TTR After Shipment (post-payment):
● If paying before shipment, the seller has immediate funds to produce goods or purchase materials.
● If paying after shipment, the buyer can inspect the goods before paying, reducing the risk of receiving poor-quality products.
⇒ This flexibility allows both parties to negotiate payment terms that suit their needs.
II. Disadvantages of TTR Payment
1. High risk if there’s no trust between the two parties: TTR does not have any bank guarantee, meaning buyers and sellers
must take full responsibility for their transactions.
● If paying before shipment, the buyer risks late delivery, poor-quality goods, or even fraud.
● If paying after shipment, the seller might face late payments or even non-payment if the buyer refuses to pay
⇒ Hard to control delivery and product quality
● With TTR Before Shipment, the buyer has no guarantee that the supplier will deliver on time and with the correct quality.
● With TTR After Shipment, the seller has already sent the goods but is unsure if they will receive payment
on time.This can lead to disputes and affect business relationships lOMoAR cPSD| 61431571
2. No bank protection: TTR does not involve a bank guarantee. If one party fails to meet their commitment, the bank will not
step in to resolve disputes. Because of this, businesses must carefully assess risks and create a strong contract before making transactions.
3. Not suitable for large transactions or new business partners :
For high-value contracts, TTR can be risky if one party fails to fulfill their commitment.
● If dealing with a new supplier or customer, TTR may not be safe because there isn’t enough trust.
● In these cases, businesses should consider using L/C or other secure payment methods to reduce risk.
4. Affected by foreign exchange regulations: Some countries have strict foreign exchange control policies, making international money transfers difficult.
● For example, China requires businesses to have special licenses and valid documents before transferring foreign currency.
● In Vietnam, companies must provide contracts, invoices, and shipping documents to process international payments.
⇒ These regulations can delay the TTR process. B/Open accounts
-Highest risk options for exporter because it deliver goods to the customer immediately without receiving money How does an Open Account work?
When a buyer and seller agree to use an open account, they establish a credit arrangement that outlines the payment terms,
such as the payment due date, payment method, and any interest or penalties for late payment. The buyer then places an order
for goods or services, and the seller ships the products or provides the services. The seller will issue an invoice, which specifies
the payment terms and the due date for the payment.
The buyer is expected to pay the invoice on or before the due date, which is usually within 30, 60, or 90 days. If the buyer fails
to pay on time, the seller can charge interest or impose penalties. If the buyer continues to default on payment, the seller may
decide to stop supplying goods or services to the buyer, or they may take legal action to recover the debt.
Benefits of an Open Account:
Using an open account can provide benefits to both the buyer and seller. For the buyer, an open account allows them to purchase
goods or services without having to pay upfront, which can be useful when cash flow is tight. This payment method also allows
buyers to negotiate better terms with their suppliers, as they can establish a credit history and build trust with the seller over
time.For the seller, an open account can help them to increase sales, as buyers are more likely to purchase products or services
if they can pay on credit. This payment method also saves sellers the cost and hassle of collecting payments upfront or using a
letter of credit, which can be expensive and time-consuming.
Risks of an Open Account:
While an open account can provide benefits, it also carries risks for both the buyer and seller. For the buyer, an open account
means that they must have a good credit history and a reliable payment history with the seller. If the buyer defaults on payment,
it can damage their credit score and their relationship with the seller, which can make it more difficult to obtain credit in the
future.For the seller, an open account means that they are extending credit to the buyer and taking on the risk that the buyer
may not pay on time or at all. This risk can be mitigated by using credit insurance, which protects the seller against non-
payment by the buyer. However, credit insurance can be expensive and may not cover all types of risks.
⇒To conclude, an open account is a common payment method used in international trade that allows buyers to purchase goods
or services on credit from a seller. This payment method can provide benefits to both the buyer and seller, but it also carries
risks. Buyers must have a good credit history and reliable payment history, while sellers must take on the risk of non-payment.
To mitigate this risk, sellers may use credit insurance or other risk management strategies. Overall, an open account can be an
effective payment method in international trade, but it requires careful consideration and management of the associated risks.
C/ Collection 1.Clean Collection lOMoAR cPSD| 61431571 Advantages
● Cost-Effectiveness: This method typically incurs lower banking fees compared to other methods like documentary
collections or letters of credit. This can lead to significant cost savings for both the drawer and the drawee.
● Enhanced Security: The involvement of reputable banks adds a layer of trust and reduces the risk of fraud or loss
during the payment collection process.
● Accessibility: This method is suitable for various types of transactions, including small payments, foreign currency
notes, and valued certificates like foreign exchange cheques, promissory notes, and deposit receipts. This versatility
makes it accessible to a wide range of customers and facilitates international trade Disadvantages
● Limited Scope: While this method is suitable for many types of transactions, it may not be appropriate for those
requiring extensive documentation or specialized handling.
● Dependency on Banking Networks: It relies on the efficiency and reliability of the international banking network.
Delays or errors within this network can impact the timely processing of payments.
● Chances of Disputes: Issues such as discrepancies in documentation or disagreements over payment terms could lead
to delays or complications in receiving funds.
The differences between clean and document collection are as follows: Clean Collection Documentary Collection
This method exclusively deals with financial documents, such as Banks handle commercial documents related to the shipment, such as bills
bills of exchange, promissory notes, or cheques. No commercial or of lading, invoices, and inspection certificates. These documents are
transport documents are involved in this process.
forwarded by the exporter's bank to the importer's bank, and payment is
This method relies solely on the banking system for payment without made upon receipt of the documents.
the verification of shipping or commercial documents
This method provides a higher level of security compared to clean
collection. The importer's bank releases payment to the exporter once it
receives and verifies the necessary shipping and commercial documents 2.Documentary Collection
In international trade, documentary time drafts are commonly used as a payment method. A documentary time draft is a type
of bill of exchange that requires the buyer to pay the seller a certain amount of money at a future date. This payment method
offers several advantages to both the buyer and the seller. In this section, we will explore the benefits of using documentary
time drafts in international trade. 1. Reduced Risk
One of the primary advantages of using documentary time drafts is reduced risk. The seller is assured of payment at a future
date, which reduces the risk of non-payment. The buyer, on the other hand, is assured that the goods will be delivered as per
the agreed terms and conditions before they have to make payment. In case the seller fails to deliver the goods as per the
agreement, the buyer can refuse to pay the draft, giving them leverage over the seller. 2. Increased Trust
Using a documentary time draft builds trust between the buyer and the seller. Since the seller has to present the required
documents to the bank to receive payment, the buyer can be assured that the goods have been shipped and are in transit. The
seller can also be assured that payment will be made as per the agreed terms and conditions. 3.
Flexibility:Documentary time drafts offer flexibility to both the buyer and the seller. The buyer can negotiate the terms
and conditions of the draft with the seller, such as the payment date and the documents required. Similarly, the seller can also
negotiate the terms and conditions of the draft, such as the payment currency and the delivery terms. This flexibility allows
both parties to customize the payment method to suit their specific needs. 4.
Cost-Effective: Using a documentary time draft is cost-effective compared to other payment methods such as letters
of credit. The cost of a documentary time draft is lower than that of a letter of credit, which makes it an attractive payment
option for small and medium-sized enterprises. 5. Faster Payment
Documentary time drafts offer faster payment compared to other payment methods such as open account or cash in advance.
The seller can receive payment as soon as the required documents are presented to the bank, which reduces the payment lOMoAR cPSD| 61431571
cycle.Using documentary time drafts in international trade has several advantages for both the buyer and the seller. It reduces
risk, builds trust, offers flexibility, is cost-effective, and offers faster payment. While there are other payment methods available,
a documentary time draft is a viable option for small and medium-sized enterprises.
While documentary collection has its advantages, it also has its disadvantages.
On the one hand, documentary collection can be a less expensive and less time-consuming method of payment compared to
other methods such as letters of credit. It can also provide a degree of protection for the seller since the shipping documents
are only released to the buyer once payment has been made. Additionally, the use of banks in the transaction can provide a
level of trust between the parties involved.
On the other hand, documentary collection does have its downsides. For example, it provides less protection for the seller
compared to other methods such as letters of credit. The seller relies on the buyer's bank to collect payment, and if the buyer
does not pay, the seller may not receive payment. Additionally, the seller may not have control over the shipping documents
once they are released to the buyer's bank, which could lead to issues such as delayed payment or lost documents. ⇒ Disadvantages:
- Provides less protection for the seller compared to letters of credit
- Seller relies on the buyer's bank to collect payment, which may not always happen
- Seller may not have control over shipping documents once released to the buyer's bank, which could lead to issues such as
delayed payment or lost documents
For example, let's say an exporter in the United States wants to sell goods to an importer in China. The exporter could use
documentary collection to receive payment from the importer. The exporter would send the shipping documents to their bank,
which would then send them to the importer's bank. Once the importer's bank receives the documents, they would release them
to the importer in exchange for payment. If the importer does not pay, the exporter may not receive payment. While
documentary collection can be a useful method for international trade transactions, it is important to consider the advantages
and disadvantages before deciding to use it. The decision on which method to use ultimately depends on the needs of the buyer
and seller, as well as the level of risk they are willing to accept. 2.1.D/P
D/P, or Documents Against Payment, is a method of payment in international trade where the exporter instructs their bank to
release shipping and title documents to the importer only after the importer has made full payment for the goods. This ensures
that the importer cannot take possession of the goods without fulfilling their payment obligations.
The D/P (Documents Against Payment) method offers both advantages and disadvantages for international trade
participants. One of the key advantages is its simplified process, which involves fewer formalities and significantly lower
banking fees compared to letters of credit. This method also provides the exporter with a degree of control over the goods, as
the shipping documents—and thus access to the goods—are only released once the importer makes full payment.
However, D/P also comes with notable disadvantages. Most critically, it offers no guarantee of payment. The importer has the
option to refuse payment upon presentation of documents, which can leave the exporter with unsold goods. In such cases, the
exporter may face additional costs related to retrieving, storing, or reselling the goods, especially if they were shipped over
long distances. Moreover, unlike a letter of credit, banks involved in a D/P transaction do not assume any responsibility for ensuring payment.
There are also specific risks associated with the D/P method. Importers may decline payment for any number of reasons, such
as dissatisfaction with the product or changes in market conditions. If the goods have already been shipped internationally, the
process of returning or reselling them can be both expensive and complicated. Additionally, in the case of air shipments,
depending on the type of documents used, there is a risk that the importer might gain possession of the goods before making
any payment, further exposing the exporter to potential losses.
*Comparison between D/P (Documents Against Payment) and D/A (Documents Against Acceptance):
The primary difference between D/P and D/A lies in the timing and conditions of payment. Under the D/P method, the importer
must make immediate payment upon presentation of shipping documents in order to receive them. This ensures that the exporter
receives payment before the goods are released, providing greater security. In contrast, D/A allows the importer to accept a lOMoAR cPSD| 61431571
time draft and delay payment to a specified future date. As a result, the importer receives the shipping documents—and thus
access to the goods—after agreeing to pay later.
While D/P offers lower risk to the exporter since payment is received upfront, D/A carries a higher risk due to the deferred
payment and the possibility that the importer may default. Neither method guarantees payment from the bank, unlike a letter
of credit. Therefore, D/P is more suitable for transactions where the exporter prioritizes security, while D/A is more appropriate
when the importer requires credit terms or flexibility in cash flow. 2.2.D/A
The D/A payment method offers several advantages for all involved parties—exporters, importers, and banks—while also
presenting various risks. For exporters, a key benefit is that shipping documents are only released to the importer after the
importer has accepted the bill of exchange or made payment, giving the exporter some assurance of commitment. If the importer
fails to pay upon maturity, the exporter has the legal right to initiate a lawsuit. Additionally, exporters can appoint
representatives in the importer’s country to handle disputes, offering greater flexibility and control over problem resolution.
Importers benefit from the ability to inspect goods before deciding to accept the payment obligation, giving them greater
confidence in the transaction. This method allows importers to delay payment until a future date while still securing ownership
of the goods after acceptance.For banks, D/A transactions provide opportunities for profit generation through service fees and
can help strengthen partnerships with other banks through increased transaction volume and credit services.
Despite these advantages, the D/A method carries significant disadvantages, especially for exporters. If the collecting bank
makes an error in processing the payment instructions, the exporter bears full responsibility for the consequences, as banks are
not liable for logistics-related issues like warehousing, insurance, or delivery. There is also the risk of forged signatures,
unauthorized signatories, or lost and delayed documents. If the importer refuses to accept or pay the bill, the exporter may face
costly legal action or be forced to resell or return the goods, often at a financial loss. Additionally, once the importer accepts
the bill, the exporter loses control over the goods. Political and economic instability in the importer’s country can further
jeopardize the transaction, especially in cases of foreign exchange restrictions or volatile market conditions. The long payment
periods commonly associated with D/A (from several months to a year) introduce further risk due to fluctuating exchange rates
and changing political circumstances.
For importers, the D/A method presents fewer risks. However, they are not completely shielded from potential issues. There is
a possibility of receiving counterfeit or fraudulent documents, or goods that do not match contractual specifications. Once they
accept the bill, failure to pay by the due date can result in legal action initiated by the exporter. Importers also face financial
risks due to exchange rate fluctuations and geopolitical instability.From the banking perspective, the collecting bank is at risk
if it transfers funds to the remitting bank before the importer accepts the documents and later refuses payment. Likewise, the
remitting bank could suffer losses if the collecting bank fails to remit the payment after document release. While D/A offers a
balanced approach to trade transactions, it must be managed carefully due to the wide range of financial, legal, and logistical risks it entails.
2.3.Acceptance Documents against Payment
C/Documentary Documents (L/C)
-The safest payment method lOMoAR cPSD| 61431571 CHAPTER 6:
Incoterm 2000,2010,2020 Các nhóm điều Incoterm 2000 Incoterm 2010 Incoterm 2020 khoản (theo thứ tự trách nhiệm người bán tăng dần) Nhóm E
-Người bán không chịu bất kỳ trách nhiệm nào,người mua sẽ Chịu mọi chi phí và rủi ro kể
- EXW: Giao từ khi nhận hàng tại xưởng của người bán + Mua bảo hiểm hàng hóa +Làm thủ và chịu
hàng tại xưởng xuất chi phí thông quan xuất khẩu, quá cảnh, nhập khẩu. khẩu -Người bán
-Giai đoạn người bán nhàn nhất!!!
chịu ít tổn thất nhất ⇒ Giao hàng tại xưởng. (địa điểm ở nước xuất khẩu) còn người mua thì –
Chuẩn bị hàng sẵn sàng tại xưởng (xí nghiệp, kho, cửa hàng..) phù hợp với phương chịu nhiều trách
tiện vận tải sẽ sử dụng, không phải bốc xếp hàng lên phương tiện,không phải book cước
nhiệm,chi phí nhất vận chuyển quốc tế và không phải làm thủ tục thông quan xuất nhập khẩu luôn, người
mua kể từ lúc nhận hàng tại xưởng sẽ làm hết. –
Khi người mua đã nhận hàng thì người bán hết mọi trách nhiệm ⇒ Người bán sẽ
chuyển giao cho người mua hóa đơn thương mại và chứng từ hàng hóa có liên quan.
+ Nhận hàng tại xưởng của người bán.