It’s not easy to get money or goods back

Regarding the case that Vietnamese enterprises lost control of 36 sets of original documents out of 100 containers exported to Italy, on March 16, in response to VTC News, lawyer Diep Nang Binh (Ho Chi Minh City Bar Association) said that the “suspected fraud of 100 containers of cashew nuts” in Italy and Turkey is a warning bell for all import-export businesses when participating in international trade activities.

“In this incident, cashew exporters have faced legal risks because they are not sure about safety regulations when carrying out international trade activities. The incident is regrettable and also a common lesson for export businesses. In case you are not sure about the process, you should ask for support from a lawyer or law office to limit risks. Sure, the seller should keep the original document, receive the money, and then deliver the goods. Mr. Diep Nang Binh said.

Determining the ability to get money or get back the exported cashew containers is quite difficult, but according to Mr. Binh, the current optimal solution is that businesses should link into one relationship, gather information and documents such as: contracts, copies of bills of lading of the remaining shipments and closely coordinate with lawyers to fight for their legitimate rights.

“Although it is not simple, if it is proved that the real owner of the shipment in case of loss of control of the original documents, the judgment will be made to receive the goods. This needs to be done quickly to avoid financial losses such as storage fees and expired goods.” lawyer said.

Still according to Mr. Binh, the possibility of legal disputes is completely possible. In this case, knowing the regulations of the host country is very important to resolve disputes arising in the course of commercial activities. According to international practice, disputes arising from commercial activities are first resolved through mediation, if not in the host country, they will be transferred to international arbitration centers.

“I know that the process of resolving the case has had initial results, but businesses need to link up and act together quickly to avoid further damage. In addition, it is necessary to closely coordinate with the local authorities, law offices, the Vietnamese Embassy and Trade Office in Italy. Vietnamese exporters still face many risks because the buyer may be holding the original documents, and they can absolutely hire a lawyer to request the return of the goods.”Mr. Binh emphasized.

According to Lawyer Truong Thanh Duc, Director of ANVI law firm, unlike domestic payments, international payments are based on different legal systems, different currencies, and it is not easy for parties to meet face-to-face to handle problems.

When a dispute, complaint or lawsuit occurs, it is extremely complicated and expensive in terms of court proceedings, arbitration and judgment enforcement. Therefore, the payment in international commercial transactions often has to rely on a reputable intermediary, which is a bank, a professional financial institution in payment services, proficient in the general rules of the game, and especially with very high reliability in the host country.

Which international payment method the parties choose depends on many factors such as relationships, risk tolerance, market practices, transaction habits, costs, time and especially the requirements of the parties. the party leading the transaction.

When there is a risk that the goods have been shipped abroad but there is a risk of losing the goods, not receiving the money, similar to the domestic sale, the exporter will ask the bank for support (if it belongs to the bank). or permitted by law); The diplomatic mission requests a foreign competent authority or legal authority to handle a complaint, fraud, commercial dispute (if there is a legal basis and timely) or a civil case. or criminal.

“If in Vietnam, these things have been found to be very difficult, in foreign countries it is 10 times more difficult, even 100 times more difficult. With the method of payment by collection, the case of 36 containers of cashew nuts has slipped out of the bank’s reach. Now we can only rely on the intervention of foreign diplomatic missions and legal authorities to prevent (if timely) and track down criminals (if any)”, lawyer Truong Thanh Duc said.

Similarly, Assoc. Prof. Dr. Ngo Tri Long, former director of the Institute for Price Market Research under the Ministry of Finance, also said that it is very difficult to get back the exported goods.

“The government has also asked many ministries and branches to step in, but the ability to intervene to get the goods back is not simple.” Mr. Long said.

On the evening of March 15, a representative of the Ministry of Industry and Trade said that he was looking for a plan to support and remove difficulties for businesses to solve the case in the most effective way.

Currently, the Vietnam Trade Office in Italy has also supported businesses to access lawyers in Italy for advice and conduct necessary legal procedures to help Vietnamese businesses control their shipments.

According to the Ministry of Industry and Trade, there is still no conclusion on the nature of the case. However, through this case, the Ministry of Industry and Trade recommends that businesses participating in import-export activities need to carefully check and authenticate their partners through many different channels, including the channel of the Vietnam Trade Office at various locations. country.

Enterprises should discuss with the consulting unit to understand and master the content of the contract’s terms, obligations of each party, cases of liability exemption, regulations on dispute handling, compensation. , …

At the same time, note measures to prevent and manage risks, including purchasing full insurance and actively chartering ships, controlling stages in the logistics chain.