REQUESTS QUOTES

DANH MỤC tin tức

Loading...

VIDEO VỀ TRANSIDA

New Posts

Loading...

ALL ABOUT INCOTERMS 2020 PART 1

Incoterms 2020 are divided into 4 groups (C, D, E, F). Regulations are classified according to fees, risks, procedural responsibilities as well as issues related to import and export.

Incoterms 2020 

In group C (Pay main shipping fee), the seller enters into a shipping contract with the forwarder and bears the costs. In this case, the seller is responsible for completing export customs clearance procedures. Risk is transferred at the time of dispatch to the buyer. All problems arising after loading costs related to shipping and other events are the responsibility of the buyer. Group C includes the following Incoterms rules: CFR, CIF, CPT and CIP.

Group D (To) assumes that the seller is obliged to deliver the goods to a specific location or port of destination. This group includes Incoterms terms such as DAP, DPU and DDP.

In group E (Departure), the seller delivers the goods to the buyer at the delivery location specified by the seller. The seller is under no obligation to clear customs or export customs clearance and bears no risk or loading costs. In group E there are only Incoterms EXW.

Group F (Main Freight Unpaid) requires the seller to complete export customs procedures. Seller does not pay shipping and insurance costs. FCA, FAS and FOB belong to this group.

All rules in incotems 2020

EXW – Ex Works

Ex Works means the seller delivers the goods to the buyer:

  • When placing the goods at the disposal of the buyer at a named place (such as a factory or warehouse), and
  • The named location may or may not be the seller's location

For delivery to take place, the seller does not need to load the goods on any collection vehicle nor does he need to clear the goods for export, if such clearance is applicable.

This rule may be used regardless of the mode or method of transportation, if any, chosen.

The parties only need to name the delivery location. However, the parties should also identify as clearly as possible the exact location at the named place of delivery. The exact delivery point specified will help both parties clearly understand when the goods are delivered and when risk passes to the buyer; Such precision also marks the point at which the buyer must bear the cost. If the parties do not clearly state the delivery location, it is considered to be for the seller to choose the location "best suited for his purpose". This means that the buyer is exposed to the risk that the seller may choose a point just before the time the goods are lost or damaged. Therefore, it is best for buyers to choose the exact point where the goods will be delivered.

EXW is the Incoterms rule that imposes the least obligations on the seller. Therefore, from the buyer's perspective, this rule should be used with caution for various reasons as outlined below.

In Incoterms 2020 EXW, delivery takes place and risk passes when the goods are placed, unshipped, at the disposal of the buyer. However, the risk of loss or damage to the goods occurring during loading by the seller, may be said to lie with the buyer, who does not actually participate in loading. Given this possibility, it is best that when the seller loads the goods, the parties should agree in advance who will bear the risk of any loss or damage to the goods during loading. This is a common situation simply because the seller is more likely to have the necessary loading equipment on its premises or because applicable safety or security rules prevent unauthorized persons from right to enter the seller's premises.

The seller is not obliged to organize export customs clearance within the third country through which the goods pass through. Indeed, EXW may be suitable for domestic trade where there is no intention to export goods. The seller's participation in export clearance procedures is limited to providing assistance in obtaining such documents and information as the buyer may require for the purpose of exporting the goods. In cases where the buyer intends to export the goods and anticipates difficulties in clearing the export, it is better for the buyer to choose the FCA rule, according to which the obligation and costs of export clearance fall on seller.

Seller bears costs:

  • Inspection activities (quality inspection, measuring, weighing, counting goods);
  • Additional, related to damage to goods before delivery;
  • Packaging and labeling, unless the chosen type of transport does not require them. The seller's obligations are presented below:
  • The seller delivers the goods to the location specified by the buyer on the agreed date or within the agreed period.
  • The seller delivers the goods accompanied by a commercial invoice in accordance with the contract of sale and any other evidence evidencing compliance with the documents stated in the contract (paper or electronic).
  • At the request of the buyer, provide risk and cost support to obtain the necessary licenses for the export of goods
  • Notify the buyer of the date the goods will be left at the buyer's disposal.
  • Provide the buyer with any assistance in obtaining any necessary documents to complete export, import or transit customs clearance procedures.
  • The seller provides the buyer with all information necessary to purchase insurance (at these costs and requirements).

Buyer bears the costs:

  • Related to import-export procedures and transit customs clearance;
  • Relating to the goods from the time of delivery according to the seller's contract;
  • Customs duties, taxes and other charges;
  • Additional, arising due to non-receipt of goods;
  • Additionally, the buyer reimburses the seller for costs incurred by providing the buyer with export, import or transit documents.

The buyer's obligations are described below:

  • Obtain export authorization documents and carry out all export, import or transit customs clearance procedures at the buyer's own risk and expense.
  • The carrier carries out all import, export and transit customs clearance procedures
  • Organize the transportation of goods from the place of delivery.
  • Receive the goods and provide the seller with proof of receipt.
  • From the moment the goods are delivered under the contract, he bears all costs and risks of the goods.
  • Loading and unloading goods in import and export

FCA – Free service provider

Free shipper (designated location) means the seller delivers the item to the buyer in one of two ways.

1. Firstly:

  • When the named place is the seller's premises, the goods are delivered;
  • Once the goods have been loaded onto the means of transport arranged by the buyer.

2. Secondly:

  • When the designated location is another location, the goods are delivered;
  • Once the goods have been loaded onto the seller's means of transport;
  • They go to another named place;
  • The goods are ready for unloading from that seller's means of transport;
  • At the disposal of the carrier or other person designated by the buyer.

Whichever of the two places is chosen as the place of delivery, that place will determine where the risk passes to the buyer and when the costs will be charged to the buyer's account.

This rule can be used regardless of the mode of transport chosen and can also be used when using multiple modes of transport.

A sale transaction under Incoterms 2020 FCA may be concluded only naming the place of delivery, at the seller's premises or otherwise, without specifying the exact point of delivery at that named place. However, the parties should also identify as clearly as possible the exact location at the named place of delivery. The exact delivery point specified will help both parties clearly understand when the goods are delivered and when risk passes to the buyer; Such precision also marks the point at which the buyer must bear the cost. However, when the exact score is not determined, this can cause problems for the buyer. The seller for this reason has the right to choose the point “best suited for his purposes”: it becomes the point of delivery, from which risks and costs are transferred to the buyer. If the exact place of delivery is not determined by naming in the contract, the parties are deemed to leave it to the seller to choose the place “best suited to his purposes”. This means that the buyer is exposed to the risk that the seller may choose a point just before the time the goods are lost or damaged. Therefore, it is best for buyers to choose the exact point where the goods will be delivered.

Incoterms 2020 FCA requires the seller to clear customs for exported goods, if any. However, the seller is under no obligation to clear customs for import or transit through a third country, pay any import taxes or carry out any import customs formalities.

In Incoterms 2020 FCA, it is now uncommon for goods to be received by the buyer's trucking carrier in Las Vegas to expect a bill of lading. there is an on-board note issued by the carrier from Las Vegas, this is not a port and the vessel cannot access it to load the goods on board. However, FCA Las Vegas sellers sometimes find themselves in situations where they need a bill of lading with an on board notation (usually due to a bank collection request or a letter of credit request), even though it is necessary to clearly state that the goods have been shipped. placed on board in Los Angeles as well as stating that they were picked up for transportation in Las Vegas. To accommodate the possibility of FCA sellers needing a bill of lading with an on-board notation, FCA Incoterms 2020 has provided for the first time the following optional mechanism. If the parties have such an agreement in the contract, the buyer must instruct his carrier to issue a bill of lading with a note on board the goods to the seller. Of course, the carrier may or may not accept the buyer's request, since the carrier is only bound and authorized to issue such a bill of lading once the goods have been loaded on board the vessel in Los Angeles. However, if and when a bill of lading is issued by the carrier to the seller at the buyer's expense and risk, the seller must provide that document to the buyer, who will need the bill of lading to be discharged. from the carrier. This optional mechanism becomes unnecessary, of course, if the parties have agreed that the seller will present to the buyer a bill of lading stating that the seller will present to the buyer a bill of lading stating that the goods are The goods have been received for transport, not that they have been loaded on board the vessel. Furthermore, it should be emphasized that even where this optional mechanism applies, the seller has no obligation whatsoever to the buyer regarding the terms of the contract of carriage. Finally, when this optional mechanism is applied, the inland delivery date and the onboarding date are necessarily different, the inland delivery date and the onboarding date are necessarily different, which has may cause difficulties for the seller under the letter of credit. The seller has no obligations to the buyer regarding the terms of the contract of carriage. Finally, when this optional mechanism is applied, the inland delivery date and the onboarding date are necessarily different, the inland delivery date and the onboarding date are necessarily different, which has may cause difficulties for the seller under the letter of credit. The seller has no obligations to the buyer regarding the terms of the contract of carriage. Finally, when this optional mechanism is applied, the inland delivery date and the onboarding date are necessarily different, the inland delivery date and the onboarding date are necessarily different, which has may cause difficulties for the seller under the letter of credit.

When using Incoterms 2020 FCA, the seller bears the costs of:

  • Export clearance;
  • Delivery and entrustment of goods to the carrier;
  • Obtain export licenses or other permits, additional official export taxes, fees and charges;
  • Prohibition on export of products or charges if there is a special tax on the export of such products;
  • Provide proof of delivery or equivalent electronic copy;
  • Prepare and send commercial invoices or equivalent electronic copies;
  • Notify the buyer that the goods have been delivered and entrusted to the carrier or have not been accepted by the carrier at the agreed time;
  • Packaging and marking are required for shipment, unless the goods are shipped normally without packaging;
  • Quality control, measuring, weighing and counting.

The main obligations of the seller are presented below:

  • The seller must provide the goods, commercial invoice and other evidence of conformity according to the requirements and provisions of the contract.
  • At the request and at the buyer's expense, the seller authorizes and assists in obtaining shipping documents
  • Designate one person to be responsible for loading the product onto the product buyer's vehicle.
  • The seller is responsible for preparing the goods for loading (measuring and packing the goods).
  • He adjusts the goods for export and bears the risks and costs involved
  • At the buyer's request, the buyer may enter into a contract of carriage on usual terms and conditions at the buyer's expense and risk.

On the other hand, the buyer must bear the costs of:

  • Regarding import and transportation of goods from the moment the seller delivers the goods to the courier;
  • Additionally, regarding non-compliance with the obligation to receive goods at the place and time agreed in the contract;
  • Receive documents or equivalent documents in electronic form (other than ordinary delivery notes) issued in the country of shipment and/or country of origin necessary for the buyer to import or transit the goods;
  • Notify the seller of the date and location of delivery to the carrier;
  • In connection with the transportation of products;
  • Unload the delivered goods from the means of transport at the carrier's terminal designated by the buyer;
  • Relates to the products from the time they are placed at the disposal of the carrier nominated by the buyer (including customs duties and other official charges);
  • In addition, due to failure to designate the carrier or failure to notify the seller of the name of the carrier and the date designated for delivery to the carrier;
  • Inspect the goods before shipping, unless the competent authority requires the exporting country to do this;

The buyer's obligations are set out below:

  • The buyer completes procedures related to importing goods and shipping goods from the moment the seller delivers the goods to the courier.
  • He bears the risk of loss or damage to the product from the moment of delivery to the courier.
  • It contracts for carriage, although the seller may (as an additional service) arrange carriage at the buyer's expense and risk.
  • He takes care of all the necessary transit formalities and prepares the goods for import.
  • Buyer orders shipping.
  • He receives the goods at the location agreed in advance in the contract.

CPT – Freight paid to

Freight paid to means the seller delivers the goods – and transfers the risk – to the buyer:

  • By handing them over to the carrier;
  • Signed by the seller;
  • Or by purchasing goods so delivered.
  • The seller may do so by giving the carrier physical possession of the goods in a manner and place appropriate to the means of transport used.

Once the goods have been delivered to the buyer in this way, the seller makes no warranty that the goods will arrive at destination in good condition, in the quantity stated, or indeed at all. This is because risk is transferred from the seller to the buyer when the goods are delivered to the buyer by handing them over to the carrier; However, the seller must contract to transport the goods from the place of delivery to the agreed location. Thus, for example, goods are delivered to a carrier in Las Vegas (not a port) for transport to Southampton (a port) or to Winchester (not a port). In both cases, the risk of delivery to the buyer occurs in Las Vegas and the seller must contract for shipment to Southampton or Winchester.

This rule can be used regardless of the mode of transport chosen and can also be used when using multiple modes of transport.

In Incoterms 2020 CPT, two places are important: the place or point (if any) where the goods are to be delivered (to transfer risk) and the place or point agreed to be the destination of the goods (which is the point at which goods arrive). The seller promises to sign a shipping contract).

The parties should clearly identify both locations or points within those locations as precisely as possible in the sales contract. Determining the location or point (if any) of delivery as accurately as possible is important to cater for the common situation where multiple carriers are involved, each for different stages of the process. transportation from delivery to destination. Where this occurs and the parties have not agreed on a specific place or point of delivery, the default is to pass the risk when the goods are delivered to the first carrier at a place entirely due to The seller chooses and the buyer has no choice. control. If the parties wish to transfer risk at a later stage (e.g. at a seaport, river port or at an airport), or indeed earlier (e.g. an inland point remote from a seaport or river port),

The parties should also specify in the contract of sale as precisely as possible the point at the agreed destination, since this is the point at which the seller must contract for carriage and this is the point to which the costs of carriage to which are taken into account. Shipping falls on the seller.

If the seller incurs costs under the contract of carriage in connection with unloading the goods at the named place of destination, the seller is not entitled to recover those costs separately from the buyer unless otherwise agreed between the seller and the buyer. parties.

Incoterms 2020 CPT requires the seller to clear the goods for export, if applicable. However, the seller is under no obligation to clear import or transit through third countries or pay any import taxes or carry out any import customs formalities.

Using Incoterms 2020 CPT requires:

  • All costs related to the goods and their transportation until delivery to the carrier;
  • Loading costs (at the carrier) and unloading costs may occur;
  • Shipping costs are charged by the buyer and export customs clearance costs;
  • Costs that the buyer must bear related to export procedures.

The main obligations of the seller are presented below:

  • The seller provides commercial invoices and other necessary documents in paper or electronic form.
  • The seller is responsible for delivering the goods to the carrier at the place of delivery on the agreed date or within the agreed time.
  • The seller is responsible for damage or loss of the goods until they are delivered to the carrier at the named place and within the specified time.
  • The seller must contract or organize transportation of the goods to the named destination. If such location does not exist, the seller can choose the most suitable point for this purpose.
  • One of the obligations of the seller is to comply with all transport-related security requirements for carriage to destination.
  • The seller must carry out and pay for export customs clearance as well as assist the buyer in import customs clearance.
  • The seller counts and weighs the goods and, if requested, will bear the cost of packaging the goods.
  • The seller notifies the buyer of the delivery of the goods to the carrier and provides the buyer with documents authorizing the buyer to receive the goods.

The seller is not obliged to make a contract of insurance but must provide information for this purpose at the request of the buyer.

Buyer gets:

  • All costs related to the goods and transportation from the time the goods are delivered to the carrier (excluding the seller's obligations);
  • Shipping costs do not include the seller's obligations stated in the shipping contract;
  • Unloading costs, unless such are the seller's obligations stated in the contract of carriage;
  • Customs clearance and import transit costs;
  • Possible costs incurred by the seller related to import procedures.

The buyer's obligations are set out below:

  • The buyer undertakes delivery.
  • He is responsible for damage or loss of the goods from the moment they are delivered to the carrier.
  • The buyer accepts the documents provided by the seller.
  • The buyer must carry out and pay for import customs clearance as well as assist the seller in export customs clearance.
  • He informs the seller about the location and date of delivery.

But it should be remembered that the buyer is not obliged to draw up a contract of carriage.

Nor is he obliged to make an insurance contract.

CIP – Shipping and insurance paid to

Freight and insurance paid to means the seller delivers the goods – and transfers the risk – to the buyer:

  • By handing them over to the carrier;
  • Signed by the seller;
  • Or by purchasing goods so delivered.
  • The seller may do so by giving the carrier physical possession of the goods in a manner and place appropriate to the means of transport used.

Once the goods have been delivered to the buyer in this way, the seller makes no warranty that the goods will arrive at destination in good condition, in the quantity stated, or indeed at all. This is because risk is transferred from the seller to the buyer when the goods are delivered to the buyer by handing them over to the carrier; However, the seller must contract to transport the goods from the place of delivery to the agreed location. Thus, for example, goods are delivered to a carrier in Las Vegas (not a port) for transport to Southampton (a port) or to Winchester (not a port). In both cases, the risk of delivery to the buyer occurs in Las Vegas and the seller must contract for shipment to Southampton or Winchester.

This rule can be used regardless of the mode of transport chosen and can also be used when using multiple modes of transport.

In Incoterms 2020 CIP, two places are important: the place or point of delivery (for the transfer of risk) and the place or point agreed as the destination of the goods (which is the point at which the seller promises to contract Purchase). car).

The seller must also contract insurance against the buyer's risk of loss or damage to the goods from the point of delivery to at least the destination. This can cause difficulties where the destination country requires local insurance to be purchased: in this case the parties should consider buying and selling under CPT Incoterms 2020 rules, the seller must have extensive compliant insurance Institute Goods Clauses or similar clause, instead compared to the more limited coverage under the Institute Goods Clauses. However, it is still possible for the parties to agree on a lower insurance level.

The parties should identify both locations or indicate them as precisely as possible in the sales contract. Determining the delivery location or point (if any) as accurately as possible is important to cater for the common situation where multiple carriers are involved, each transporting different segments from one carrier to another. delivery to destination. Where this occurs and the parties have not agreed on a specific place or point of delivery, the default is to pass the risk when the goods are delivered to the first carrier at a place entirely due to The seller chooses and the buyer has no choice. control. If the parties wish to transfer risk at a later stage (e.g. at a seaport, river port or at an airport), or indeed earlier (e.g. an inland point remote from a seaport or river port),

The parties should also specify as precisely as possible in the contract of sale the place at the agreed destination, as this is the point at which the seller must contract for carriage and insurance and this is the point at which costs will be charged. pay. Shipping and insurance belong to the seller.

If the seller incurs costs under the contract of carriage in connection with unloading the goods at the named place of destination, the seller is not entitled to recover those costs separately from the buyer unless otherwise agreed between the seller and the buyer. parties.

Incoterms 2020 CIP requires the seller to clear the goods for export, if applicable. However, the seller is under no obligation to clear import or transit through third countries or pay any import taxes or carry out any import customs formalities.

When using CIP Incoterms the seller is responsible for:

  • Export and transit costs (outside the importing country): customs, taxes, export and transit licenses, export security clearance and costs to obtain all official licenses;
  • Costs for control activities, such as quality control, measuring, weighing, counting, and delivering appropriately labeled packaging;
  • Costs related to the transportation of goods until delivery to the buyer;
  • Cost of issuing and sending commercial invoices;
  • Costs related to signing a transportation contract as well as packaging and labeling costs for transporting goods;
  • Cost of transportation insurance and notification to the buyer about the delivery of the goods to the carrier;
  • Unloading costs at destination if stated in the shipping contract.

The seller's obligations are presented below:

  • The seller must perform all obligations according to the delivery terms specified in the contract.
  • He delivers the goods to the carrier on the date agreed upon in the contract.
  • He contracts or organizes the transportation of goods from the agreed point of delivery to the named destination.
  • The seller operates in accordance with all transport-related security requirements for transport to destination.
  • He packs and marks the goods.
  • He must assist the buyer in obtaining any necessary documents for transit and import clearance procedures.

On the other hand, the buyer bears:

  • Costs of import procedures: customs, taxes, import and transit licenses, import security clearance and costs of obtaining all official licenses;
  • The costs of obtaining any official permission;
  • Costs to obtain documents or equivalent electronic forms required by the buyer when importing or transiting the goods;
  • Costs related to the goods from the time they are delivered to the ship;
  • Any additional costs if the buyer fails to notify the seller of the delivery time or destination;
  • Cost of inspecting goods before delivery (expected when authorities of the exporting country require inspection);
  • Unloading costs, unless the contract of carriage stipulates otherwise.

The buyer's obligations are set out below:

  • Buyer receives goods.
  • He must carry out and pay for import clearance.
  • He obtains the necessary documents for import and transit.
  • The buyer assists the seller, at his request, risk and expense, in obtaining any documents necessary for export procedures.
  • He informs the seller about the location and date of delivery.

DAP – Delivery to your door

Delivery at location means the seller delivers the goods – and passes the risk – to the buyer:

  • When the goods are placed at the disposal of the buyer;
  • On arrival the transport vehicle is ready for unloading;
  • At the named destination;
  • At the agreed location within that location, if any point is agreed upon.

The seller bears all risks involved in bringing the goods to the named place of destination or to the agreed point at that place. Therefore, in these Incoterms rules, delivery and arrival at destination are the same.

This rule can be used regardless of the mode of transport chosen and can also be used when using multiple modes of transport.

The parties should specify the place or destination as clearly as possible and this is for several reasons. Firstly, the risk of loss or damage to the goods passes to the buyer at that point of delivery/destination - and it is best for the seller and buyer to be clear about the point at which that material transfer occurs. go out. Second, the costs before that place or delivery point/destination are borne by the seller and the costs after that place or delivery point are borne by the buyer. Third, the seller must contract or arrange for the carriage of the goods to the agreed place or delivery point/destination. If he fails to do so, the seller will be in breach of his obligations under the DAP rules of Incoterms and will be liable to the buyer for any subsequent losses. So for example,

The seller does not have to unload the goods from the arriving means of transport. However, if the seller incurs costs under the contract of carriage in connection with unloading the goods at the place of delivery/destination, the seller is not entitled to recover those costs separately from the buyer unless otherwise agreed. other agreements between the parties.

Incoterms 2020 DAP requires the seller to clear the goods for export, if applicable. However, the seller is under no obligation to clear post-delivery import or transit customs clearance of imported or post-delivery goods through third countries, pay any import duties or carry out customs duties. perform any import customs formalities. Therefore, if the buyer does not organize import customs clearance, the goods will be stuck at the port or inland wharf in the destination country. Who bears the risk of any loss that may occur while the goods are detained at the port of entry in the destination country? The answer is that the buyer, delivery of which will not have yet taken place, ensures that the risk of loss or damage to the goods will lie with the buyer until carriage to a named inland point can be made. be continued. If this situation is to be avoided,

When using DAP Incoterms 2020, sellers get:

  • All costs relating to the goods and their transportation until delivery (except costs to be borne by the buyer);
  • Unloading costs may occur;
  • Export customs clearance costs;
  • Cost of providing documents related to transportation.

The seller's obligations are presented below:

  • The seller provides commercial invoices and other necessary documents in paper or electronic form.
  • He delivers the goods ready for unloading at a specified location and within the specified time.
  • He is responsible for damage or loss of the goods until they are delivered at the agreed time and place.
  • The seller's obligation is to contract or organize transportation of the goods at the named destination at his own expense. If such location is not specified, the seller can choose the point most suitable for this purpose.
  • The seller operates in accordance with all transport-related security requirements for transport to destination.
  • The seller must carry out and pay for all export and transit customs clearance procedures as well as assist the buyer in import customs clearance.
  • He must count and weigh the goods and, if necessary, pack them.
  • He provides the buyer with documents authorizing the buyer to take over the goods.
  • The seller is not obliged to sign an insurance contract.

Buyer loses:

  • Costs related to signing a transportation contract;
  • Any costs relating to the goods from the time of delivery and possible unloading costs;
  • Import customs clearance costs;
  • Possible costs incurred by the seller related to import procedures.

The buyer's obligations are set out below:

  • The buyer pays the price of the goods as stipulated in the sales contract.
  • He takes care of the delivery.
  • The buyer must accept the documents provided by the seller to be allowed to receive the goods.
  • He is responsible for damage or loss of the goods from the moment they are delivered.
  • The buyer must carry out and pay for import customs clearance as well as assist the seller in export customs clearance.
  • The buyer informs the seller of the named port/place of delivery, type of means of transport and delivery date.
  • The buyer is not obliged to draw up an insurance contract but must provide information for this purpose at the request of the seller.

DPU – Delivered at place of unloading

Delivery at the point of discharge means that the seller delivers the goods – and passes the risk – to the buyer:

  • When the goods, after unloading from the arriving means of transport, are placed at the disposal of the buyer at the named place of destination;
  • The goods, after being unloaded from the arriving means of transport, shall be placed at the disposal of the buyer at the agreed point at that place, if any such point is agreed upon.

The seller bears all risks involved in bringing the goods to and unloading them at the named place of destination. Therefore, in these Incoterms rules, delivery and arrival at destination are the same. DPU is the only Incoterms rule that requires the seller to unload the goods at the place of destination. Therefore, the seller must ensure that he can organize unloading at the designated location. If the parties wish for the seller not to bear the risks and costs of unloading then the DPU rule should be avoided and DAP should be used instead.

This rule can be used regardless of the mode of transport chosen and can also be used when using multiple modes of transport.

The parties should specify the place or destination as clearly as possible and this is for several reasons. Firstly, the risk of loss or damage to the goods passes to the buyer at the point of delivery/destination - and it is best for the seller and buyer to be clear about the point at which that material transfer occurs . Second, the costs before that place or delivery point/destination are borne by the seller and the costs after that place or delivery point are borne by the buyer. Third, the seller must contract or arrange for the carriage of the goods to the agreed place or delivery point/destination. If he fails to do so, the seller will be in breach of his obligations under this rule and will be liable to the buyer for any subsequent losses. For example, the seller will

Incoterms 2020 DPU requires the seller to clear customs for exported goods, if any. However, the seller is under no obligation to clear import customs or post-delivery transit through a third country, pay any import taxes or carry out any import customs formalities. Therefore, if the buyer does not organize import customs clearance, the goods will be stuck at the port or inland wharf in the destination country. Who bears the risk of any loss that may occur while the goods are detained at the port of entry in the destination country? The answer is the buyer: delivery will not yet take place, ensuring that the risk of loss or damage to the goods will lie with the buyer until carriage to a named inland point can be made. be continued. If, in order to avoid this situation, the parties intend that the seller clear customs for import of the goods,

When using DPU Incoterms 2020, the seller is responsible for:

  • Export and transit costs (outside the importing country): customs, taxes, export and transit licenses, export security clearance and costs to obtain all official licenses;
  • Costs for control activities, such as quality control, measuring, weighing, counting, and delivering appropriately labeled packaging;
  • Costs related to transportation, transportation of goods until unloading and delivery to the buyer;
  • Expenses necessary to obtain documents and information related to export and transit customs clearance;
  • Costs related to signing a transportation contract.

The main obligations of the seller are presented below:

  • The seller must perform all obligations according to the delivery conditions specified in the contract. This means delivery of the goods together with the commercial invoice in accordance with the sales contract and other relevant documents.
  • The seller is responsible for unloading the goods from the arriving means of transport and then delivering them by placing them at the disposal of the buyer at the place agreed in the contract.
  • He connects the transportation of goods.
  • He provides the buyer, at his own expense, with all the necessary documents to enable the buyer to take delivery of the goods.
  • He assists the buyer at his request, risk and expense in obtaining any necessary documents for transit and import clearance procedures.
  • The seller packages and marks the goods.
  • He informs the buyer about problems related to the receipt of goods.
  • He unloads the goods at the place of delivery.

Buyer bears:

  • Cost of import procedures: customs, taxes, import licenses, import security clearance and costs to obtain all official licenses;
  • Any additional costs incurred if the buyer does not fulfill the obligations stated in the contract;
  • Costs required to obtain documents related to import customs clearance.

The buyer's obligations are set out below:

  • The buyer assists the seller, at his request, risk and expense, in obtaining any documents necessary for export and transit clearance.
  • He must carry out and pay for import clearance.
  • He informs the seller in advance of all safety requirements related to transportation, the name of the vessel, the loading point and possible delivery dates within the period agreed in the contract.

DDP – Delivered Duty Paid

Delivering duty paid means the seller delivers the goods to the buyer:

  • When the goods are placed at the disposal of the buyer, cleared for import, on the arriving means of transport, ready for unloading, at the named place of destination or at an agreed place within that place, if Are any such points agreed upon?

The seller bears all risks involved in bringing the goods to the named place of destination or to the agreed point at that place. Therefore, in these Incoterms rules, delivery and arrival at destination are the same.

This rule can be used regardless of the mode of transport chosen and can also be used when using multiple modes of transport.

Incoterms 2020 DDP, with delivery taking place at destination and the seller responsible for payment of import duties and applicable taxes, is the Incoterms rule that imposes on the seller the maximum liability of all 11 rules. Incoterms rules.

The parties should specify the place or destination as clearly as possible and this is for several reasons. Firstly, the risk of loss or damage to the goods passes to the buyer at that point of delivery/destination - and it is best for the seller and buyer to be clear about the point at which that material transfer occurs. go out. Second, costs before that place or point of delivery/destination are borne by the seller, including import customs clearance costs and costs after that place or point of delivery, which are not import costs. export, borne by the seller. buyer. Third, the seller must contract or arrange for the carriage of the goods to the agreed place or delivery point/destination. If he fails to do so, the seller is in breach of his obligations under the DDP rule of Incoterms and will be liable to the buyer for any subsequent loss. So, for example, the seller will be responsible for any additional costs the mover charges the buyer for any additional shipping costs.

If the PDD seller incurs costs under the contract of carriage in connection with unloading the goods at the place of delivery/destination, the seller is not entitled to recover those costs separately from the buyer unless otherwise agreed. between parties.

DDP requires the seller to clear the goods for export, if applicable, as well as for import and pay any import duties or carry out any customs formalities. Therefore, if the seller cannot complete import customs clearance procedures and wants to assign it to the buyer in the import customs clearance country, then assign it to the buyer. There may be tax implications which may not be recoverable from the buyer.

When using DDP Incoterms 2020, the seller will:

  • All costs for control activities (quality checking, measuring, weighing goods);
  • Costs for all procedures related to customs, export, import and transit procedures. If import clearance fees cannot be paid and want to leave it to the buyer, the seller should consider Incoterms DAP or DPU;
  • Unloading costs at destination if stated in the contract of carriage (the seller has no right to recover these charges unless the parties agree otherwise);
  • Delivery costs;
  • Fees payable by the buyer in connection with assistance in providing transport-related documents.

The main obligations of the seller are presented below:

  • The seller is obliged to deliver the goods and all necessary documents to the mutually agreed location and on a specified date (documents can be in paper or electronic form).
  • He must properly package and label the goods so that they can be transported (unless the parties have agreed otherwise in advance).
  • The seller must provide the buyer with all necessary information/documents to enable the buyer to receive the goods.

Buyer gets:

  • Product cost according to sales contract;
  • Costs related to goods after delivery;
  • Unloading costs (unless these costs have been charged by the seller under the contract of carriage);
  • Any additional costs incurred by the seller if the buyer fails to comply with its obligation to assist in obtaining the necessary documents or if the buyer fails to notify the exporter of the time and place of delivery.

The buyer's obligations are set out below:

  • He is obliged to collect the goods.
  • The buyer is obliged to assist the seller (at his request) in collecting all documents related to import, export and transit.
  • If the two parties agree that the buyer is obliged to determine the time and place of delivery, the seller must also notify the seller in advance.

But:

The buyer is not obliged to conclude an insurance contract but must provide the seller (at his request) with the necessary information to purchase insurance.

  • Chia sẻ qua viber bài: ALL ABOUT INCOTERMS 2020 PART 1
  • Chia sẻ qua reddit bài:ALL ABOUT INCOTERMS 2020 PART 1

Tin tức liên quan

REMEMBER 6 RULES FOR APPLYING HS CODE IN CUSTOMS PROCEDURES

In the field of import and export, HS code is a very commonly used term. Documents related to customs procedures and transportation of goods such as customs declarations, bills of lading, certificates of origin and invoices all contain this HS code. However, not everyone understands it clearly.
REMEMBER 6 RULES FOR APPLYING HS CODE IN CUSTOMS PROCEDURES

ALL ABOUT INCOTERMS 2020 PART 2

Incoterms 2020 are divided into 4 groups (C, D, E, F). Regulations are classified according to fees, risks, procedural responsibilities as well as issues related to import and export.
ALL ABOUT INCOTERMS 2020 PART 2

TOP 10 LARGEST SEAPORTS IN VIETNAM

One of the strengths of the Vietnamese economy is the seaport system running along the country from North to South. So which port in Vietnam is the largest and which port is the deepest? Join Green Ocean to learn more about the 10 best seaports in Vietnam in this article.
TOP 10 LARGEST SEAPORTS IN VIETNAM

TOP 10 LARGEST SEAPORTS TODAY

Seas cover more than 70% of the Earth's surface. Therefore, seaports play an extremely important role in the development of the modern world. As an international traffic junction, seaports are bridges between different countries and territories around the globe. They are where goods are transported, transshipped and distributed by sea.
TOP 10 LARGEST SEAPORTS TODAY