Suggest the shipping company to reduce the bet fee 40%
Speaking to VTC News on March 22, Mr. Bach Khanh Nhut, Standing Vice Chairman of Vinacas, said that recently, Vinacas and 5 businesses have asked 4 shipping lines to participate in shipping to help reduce bets from 150% of the price. value each container down to 110% so that Vietnamese businesses can get their goods back to sell to new partners. These 4 shipping lines include: COSCO, YANGMING, HNM and ONE. The shipping lines said they will report to the parent company about this proposal and soon have a note to reply.
According to the charter, Vietnamese enterprises with goods on board lost their bill, if they want to take the goods out, they must pay a bet up to 150% of the value of the shipment, the bet period is 18 months.
“Currently, Vietnamese businesses want their partners to reduce to 110% to quickly get goods to sell to new partners, without needing to dock in Italy, in order to reduce costs as well as ensure product quality.“, Mr. Nhut said.
Vinacas leaders said, the total number of goods signed initially was 100 containers exported to Italy with a value of nearly 1,000 billion VND. However, this order was divided into 5 businesses and delivered scatteredly from the beginning of February until now.
Currently, there are about 30 containers that are out of control with a set of documents. With each container worth about 200,000 USD, a total of 30 containers are worth about 6 million USD, equivalent to 138 billion VND. The deposit for this shipment is 150% of the value, equivalent to more than 200 billion VND. If shipping lines agree to reduce the deposit by 40%, Vietnamese enterprises will have to pay an amount of 151 billion VND, a decrease of about 50 billion VND.
According to Mr. Nhut, for 16 cargo containers that have docked at Genoa and Napoli ports, the Vietnamese commercial counselor has worked with port management units, shipping lines, banks and local authorities, suggesting that they have not been processed temporarily. delivery despite having original documents, to have time to clarify the case. “Police economy Italy has taken preventive measures within the framework of the law, in order to block the containers that have arrived at port. Nhut said.
Meanwhile, according to regulations of port authorities and shipping lines, goods are only allowed to stay for 14 days to do legal procedures for delivery. Past the above time, enterprises must pay storage fees, storage yards, or even be withdrawn if they do not have original documents.
“Containers are lying at the port, businesses ask the Italian port authority not to charge fees for public transport and storage for normal commercial shipments, but to reduce costs while waiting for the Court’s decision. “, Nhut said.
At a meeting with Vinacas and the Ministry of Transport, businesses suggested that Vinacas would represent them to hire a lawyer to submit to the Italian Court for a ruling recognizing the owner of the shipment as belonging to Vietnamese enterprises. Nam has been robbed of the original documents by criminals and re-issued a new original bill for Vietnamese businesses.
Within 18 months, Vietnamese enterprises together with Vinacas will hire lawyers to submit to the Court asking them to make a judgment that the correct owner of the shipment belongs to the Vietnamese enterprises that were robbed of the original documents, submit to the court. shipping lines to get the deposit back.
Previously, analyzing with VTC News about this incident, Lawyer Le Van Thiep, Head of the Global Law Office, Hanoi Bar Association said: this is a rare and confusing case and there is definitely a twist. . Because normally, if the transaction does not “have to be delivered, the porridge will be scooped up”, then there must be a third party, a bank, to ensure the payment in accordance with the provisions of international trade practices.
Also according to Mr. Thiep, in the event of a risk, the goods have been shipped abroad and there is a risk of losing the goods without receiving the money, similar to the domestic sale, the exporter will ask the bank for support. support (if under the authority of the bank or permitted by law). At the same time, request the diplomatic mission to contact a foreign competent authority or legal authority to handle a complaint, fraud, or commercial dispute (if there is a legal basis and in a timely manner). . At the same time, it is possible to initiate a civil lawsuit or propose to prosecute a criminal case for fraud.
“If in Vietnam, it is very difficult to sue, but abroad it is 10 times more difficult, even 100 times more difficult. With the method of payment by collection, the bill of lading is lost after 36 containers of cashews arrive at the port, the goods will be lost. has slipped from the reach of the seller as well as the bank. Relying only on the intervention of diplomatic agencies and foreign law enforcement agencies to prevent (if timely) and track down criminals (if any).“, said lawyer Thiep.
According to Mr. Thiep, in the domestic market, commercial transactions mainly rely on non-cash payment methods through banks (especially for payments of 20 million VND or more). However, the two parties buying and selling goods and services have a high degree of initiative, less dependent on the bank, because as a payment intermediary, the bank mainly provides payment tools and means. The reason is that the two parties are both Vietnamese legal entities, using the same legal system and the same system of state management agencies, so they can be proactive in catching and keeping abreast of partners, goods, and transportation. transfer, delivery, payment as well as when solving problems.
In international trade, there are some relatively common payment methods such as money transfer (TT), money order letter (MTR), payment for documents (CAD), L/C and collection (Collection), including cash collection (D/P) in the cashew nut export season.
Unlike domestic trade, international trade is based on different legal systems, different currencies, and it is not easy for the parties to meet face-to-face to handle problems. Especially when a dispute, complaint or lawsuit occurs abroad, it is extremely complicated, time consuming and expensive in terms of court proceedings, arbitration and judgment enforcement.
Through the above incident, Mr. Thiep recommended that exporters need to properly assess the importance of choosing a payment method suitable for the payment amount; Need to hire a consultant to draft a contract. A simple but effective scam trick today is to create trust from small shipments or contracts with a simple payment method. After that, gradually increase the amount of the contract to a higher level while still using a simple payment method to find a way to cheat with the guise of “trusted” so “simple” to save bank fees, save capital compared to in the form of opening letter of credit L/C.
On the side of the Ministry of Industry and Trade, it is also recommended that businesses participating in import-export activities need to carefully check and authenticate partners through many different channels, including the channel of the Vietnam Trade Office in other countries.
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. often, …
Businesses also noted measures to prevent and manage risks, including purchasing full insurance and actively chartering ships, controlling stages in the logistics chain.
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