Incoterms 2020 - part 1 | Đại học Ngoại Ngữ - Tin Học Thành Phố Hồ Chí Minh

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05/06/2023
1
FOREIGN
TRADE
OPERATIONS
PHAN V C LAN – MDEŨ NG
International Business Administration Department
lanpvn@huflit.edu.vn
CHAPTER 2
INCOTERMS
1
2
05/06/2023
2
IN THIS CHAPTER
General information
A brief history
Purpose and Scope
Incoterms 2020
®
Other versions of Incoterms
2.1. GENERAL INFORMATION
- International Commercial Terms: a
universally recognized set of definitions
of international trade terms developed
by the International Chamber of
Commerce (ICC) in Paris, France in 1936.
- Defines the trade contract
responsibilities and liabilities between
buyer and seller.
- An invaluable and tool cost-saving
not undergo a lengthy negotiation
3
4
05/06/2023
3
2.2. A BRIEF HISTORY
1936 – 1
st
edition (6
trade terms
relating to
carriage by
sea
1953 – 3
non-
maritime
terms (FOR,
FOT, DCP)
1967 –
DAF & DDP
1976 –
FOB Airport
1980 – FRC (rise
of
containerization)
1990 – FRC =>
FCA
2000 – major
changes to
delivery section,
making FCA far
clearer & easier
to use
2010 –
number of
trade terms
reduced
from 13 to
11
2020 – DPU
replaces
DAT
Jun-23 5BY PVNLAN
5
6
05/06/2023
4
2.3. PURPOSES AND SCOPES
INCOTERMS - PURPOSES
- To provide a set of
international rules for
the of interpretation
the most commonly
used trade terms in
foreign trade.
Obligations
Costs
Risks
- To avoid / reduce
uncertainties of
different
interpretations of such
terms in different
countries.
7
INCOTERMS - SCOPE
Deal only with the relation between sellers and
buyers under the contract of sale, on some very
distinct respects:
Rights and obligations for both parties in
connection with:
Risk transferring
Cost division
Delivery of tangible goods.
8
7
8
05/06/2023
5
INCOTERMS - SCOPE
Incoterms CAN NOT replace
contract terms needed for a
sales contract
Incoterms CAN NOT be used
as a complete foreign contract
of sale.
NOT deal with the
breach of contract and
its consequences or any
exemptions from
liability, or transfer of
title of the goods sold
If you want the Incoterms
2020 rules to apply into your
contract of sale, you should
make this clear in the contract.
NOT compulsory, just
trade usage
9
I
I
I
II
N
N
N
NN
C
C
C
CC
OT
OT
OT
OTOT
E
E
E
EE
R
R
R
RR
M
M
M
MM
S
S
S
SS
®
®
®
®®
E
E
E
EE
X
X
X
XX
P
P
P
PP
L
L
L
LL
A
A
A
AA
NA
NA
NA
NANA
TI
TI
TI
TITI
O
O
O
OO
N
N
N
NN
O
O
O
O O
F
F
F
FF
T
T
T
TT
H
H
H
HH
E
E
E
EE
T
T
T
TT
E
E
E
EE
R
R
R
RR
M
M
M
MM
S
S
S
SS
Carrier
Customs
formalities
Delivery
Delivery
document
Packaging
9
10
05/06/2023
6
DELIVERY
GROUP WORK: (5MINS, 7 STUDENTS/GROUP)
1/ Case 1: The seller shall bring the pizza from the seller’s
shop in Dist.1 to the buyer’s place in Huflit, Dist.10
2/ Case 2: The buyer shall come to the seller’shop and take
delivery of the pizza
A buyer wants to buy a pizza. He has the following
choices.
For each choice, where (at what point) do risks of loss
or damage (point of risk transfer) to the pizza transfer
from the seller to the buyer?
11
12
05/06/2023
7
DELIVERY
DELIVERY
where the risk of loss or
damage passes from the
seller to the buyer
If loss/damage
occurs BEFORE the
point of delivery =>
the seller’s problem
If loss/damage
occurs AFTER the
point of delivery =>
the buyer’s problem
NOTES: CFR, CIF, CPT, CIP
DELIVERY
This concept has
multiple meanings
in trade law and
practice, but in the
Incoterms rules, it
is used to indicate
where the risk of
loss or damage to
the goods passes
from the seller to
the buyer.
13
14
Noi chuyen giao
rui ro giuwua
nguoi ban va
nguoi mua
05/06/2023
8
2.4. INCOTERM 2020
-Registered trademark (® sign)
-“Terms” “Rules”
-International + use Domestic
“Global” use
15
Seller’s obligations
A1. General obligations
A2. Delivery
A3. Transfer of risks
A4. Carriage
A5. Insurance
A6. Delivery/transport
document
A7. Export/import
clearance
A8. Checking/packaging/
marking
A9. Allocation of costs
A10. Notices
Buyer’s obligations
B1. General obligations
B2. Taking delivery
B3. Transfer of risks
B4. Carriage
B5. Insurance
B6. Proof of delivery
B7. Export/import clearance
B8. Checking/packaging/
marking
B9. Allocation of costs
B10. Notices
15
16
05/06/2023
9
CLASSIFICATION (1) BASED ON MODE OF
TRANSPORT
A. Rules for any mode of transport
EXW Ex Works
FCA Free Carrier
CPT Carriage Paid To
CIP Carriage and Insurance Paid to
DAP Delivered At Place
DPU Delivered at Place Unloaded
DDP Delivered Duty Paid
CLASSIFICATION (1) BASED ON MODE OF
TRANSPORT
B. Rules for sea and inland waterway transport
FAS Free Alongside Ship
FOB Free On Board
CFR Cost and Freight
CIF Cost Insurance and Freight
17
18
05/06/2023
10
CLASSIFICATION (2) BASED ON POINT OF DELIVERY
Group E:
Seller places the goods at the disposal of the
Buyer at his own premises or at an another
agreed place of delivery. ( )EXW
Group F:
Seller delivers the goods to the carrier at named
place of delivery/port of shipment, Buyer is
responsible for the cost and risk of carriage from
named place/port of shipment. (FCA, FAS, FOB)
Group C:
Seller arranges and pays for the carriage to
named place/port of destination, but bears the
risk of the goods only upto the agreed point of
delivery. (CFR CIF, , CPT, CIP)
Group D:
Seller bears all transport cost and risks up to the
delivery destination point. (DAP, DPU, DDP)
Point of delivery: closest to
seller/buyer?
11
Incoterms
rules
2020
EXW
FCA
FAS
FOB
CFR
CIFCPT
CIP
DAP
DPU
DDP
INCOTERMS® 2020
19
20
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Preview text:

05/06/2023 FOREIGN TRADE OPERATIONS PHAN VŨ NGỌC LAN – MDE
International Business Administration Department lanpvn@huflit.edu.vn 1 INCOTERMS CHAPTER 2 2 1 05/06/2023 IN THIS CHAPTER General information A brief history Purpose and Scope Incoterms®2020 Other versions of Incoterms 3 2.1. GENERAL INFORMATION
- International Commercial Terms: a
universally recognized set of definitions
of international trade terms developed
by the International Chamber of
Commerce (ICC) in Paris, France in 1936. - Defines the trade contract
responsibilities and liabilities between buyer and seller.
- An invaluable and cost-saving tool 
not undergo a lengthy negotiation 4 2 05/06/2023 2.2. A BRIEF HISTORY 2010 – 1980 – FRC (rise number of of trade terms reduced 1976 – containerization) 1990 – FRC => from 13 to FOB Airport FCA 11 2020 – DPU 1953 – 3 2000 – major replaces non- changes to DAT maritime delivery section, 1936 – 1st terms (FOR, making FCA far edition (6 FOT, DCP) clearer & easier trade terms 1967 – to use relating to carriage by DAF & DDP sea Jun-23 BY PVNLAN 5 5 6 3 05/06/2023 2.3. PURPOSES AND SCOPES INCOTERMS - PURPOSES - To provide a set of international rules for the interpretation of the most commonly used trade terms in foreign trade. - To avoid / reduce • Obligations uncertainties of • Costs different
interpretations of such • Risks terms in different countries. 7 7 INCOTERMS - SCOPE
Deal only with the relation between sellers and
buyers under the contract of sale, on some very distinct respects:
 Rights and obligations for both parties in connection with:  Risk transferring  Cost division
 Delivery of tangible goods. 8 8 4 05/06/2023 INCOTERMS - SCOPE NOT deal with the • Incoterms CAN NOT replace breach of contract and contract terms needed for a its consequences or any sales contract exemptions from • Incoterms CAN NOT be used liability, or transfer of
as a complete foreign contract title of the goods sold of sale. • If you want the Incoterms 2020 rules to apply into your NOT compulsory, just contract of sale, you should trade usage
make this clear in the contract. 9 9 INCOT O ERMS® – EXPLANA N TI T ON O F THE TERMS S Carrier Customs formalities Packaging Delivery Delivery document 10 5 05/06/2023 DELIVERY 11
GROUP WORK: (5MINS, 7 STUDENTS/GROUP)
A buyer wants to buy a pizza. He has the following choices.
For each choice, where (at what point) do risks of loss
or damage (point of risk transfer) to the pizza transfer from the seller to the buyer?
• 1/ Case 1: The seller shall bring the pizza from the seller’s
shop in Dist.1 to the buyer’s place in Huflit, Dist.10
• 2/ Case 2: The buyer shall come to the seller’shop and take delivery of the pizza 12 6 05/06/2023 DELIVERY DELIVERY where the risk of loss or damage passes from the seller to the buyer If loss/damage If loss/damage occurs BEFORE the occurs AFTER the point of delivery => point of delivery => the seller’s problem the buyer’s problem NOTES: CFR, CIF, CPT, CIP 13 DELIVERY Noi chuyen giao rui ro giuwua nguoi ban va This concept has nguoi mua multiple meanings in trade law and practice, but in the Incoterms rules, it is used to indicate where the risk of loss or damage to the goods passes from the seller to the buyer. 14 7 05/06/2023 2.4. INCOTERMS® 2020
-Registered trademark (® sign) -“Terms”  “Rules” -International + Domestic use “Global” use 15 15 Seller’s obligations Buyer’s obligations A1. General obligations B1. General obligations A2. Delivery B2. Taking delivery A3. Transfer of risks B3. Transfer of risks A4. Carriage B4. Carriage A5. Insurance B5. Insurance A6. Delivery/transport B6. Proof of delivery document A7. Export/import B7. Export/import clearance clearance A8. Checking/packaging/ B8. Checking/packaging/ marking marking A9. Allocation of costs B9. Allocation of costs A10. Notices B10. Notices 16 8 05/06/2023
CLASSIFICATION (1) – BASED ON MODE OF TRANSPORT
A. Rules for any mode of transport EXW Ex Works FCA Free Carrier CPT Carriage Paid To CIP Carriage and Insurance Paid to DAP Delivered At Place DPU Delivered at Place Unloaded DDP Delivered Duty Paid 17
CLASSIFICATION (1) – BASED ON MODE OF TRANSPORT
B. Rules for sea and inland waterway transport FAS Free Alongside Ship FOB Free On Board CFR Cost and Freight CIF Cost Insurance and Freight 18 9 05/06/2023
CLASSIFICATION (2) – BASED ON POINT OF DELIVERY se Po ll i
Seller places the goods at the disposal of the e n r/ t
Buyer at his own premises or at an another b Group E: u
agreed place of delivery. (EXW) y o e f r?
Seller delivers the goods to the carrier at named
place of delivery/port of shipment, Buyer is d e li Group F:
responsible for the cost and risk of carriage from ve
named place/port of shipment. (FCA, FAS, FOB) ry :
• Seller arranges and pays for the carriage to
named place/port of destination, but bears the clo Group C:
risk of the goods only upto the agreed point of se delivery. (CFR, CIF, CPT, CIP) st
• Seller bears all transport cost and risks up to the to Group D:
delivery – destination point. (DAP, DPU, DDP) 19 INCOTERMS® 2020 EXW DDP FCA DPU FAS 11 Incoterms rules DAP FOB 2020 CIP CFR CPT CIF 20 10