Export documents refer to documents related to enterprises and relevant departments at the place of export, including trade contracts, export licenses, export customs declarations, packing documents, export freight documents, commercial invoices, insurance policies, drafts, inspection and quarantine certificates, certificates of origin, etc. The following is the basic document flow of export documents that I have compiled for you. Welcome to read and browse.
I. Description
1. Bill behavior
(1) Ticket issuing
(2) Endorsement means that the payee signs or makes certain comments on the back of the bill, indicating the transfer of the bill. The transferor is called an endorser and the transferee is called an endorsee. The transferee can endorse it again and then transfer it, so that a bill can be transferred multiple times. The types of endorsement are:
1) Blank endorsement: the endorser only signs without comments.
2) Registered endorsement: the endorser signs and indicates that the ticket is transferred to the designated person.
3) Restrictive endorsement: the endorser signs and indicates the restrictive conditions of the bill.
(3) The holder shall present the bill to the drawee when it is signed or accepted for payment or forward.
(4) When signing a bill of exchange, the holder must first ask the drawee to sign the bill. After the drawee sees the bill, in addition to paying it at sight, the time draft must also have its signature, date and some notes, such as "payment 30 days after sight".
(5) Acceptance of a time draft requires the payer to accept it before payment, that is, the payer signs the word acceptance in front of the draft, followed by signature, date and some comments.
(6) Participation in Acceptance When a bill is presented to the drawee and refused to be accepted, with the consent of the holder, the acceptor participates in acceptance, and he will annotate the bill with the words "participation in acceptance", signature and date. The acceptor does not become the principal debtor of the bill like the acceptor, and he only assumes the payment obligation when the payer refuses to pay.
(7) Bill guarantee is the guarantee that the guarantor pays the fare to the specific debtor of the bill.
(8) Pay at sight, and the forward payment is due.
(9) The holder who refuses to accept or pay presents the bill and the acceptor refuses to accept it; Or if the payer refuses to pay at the due date, a refusal certificate shall be made. A refusal certificate is a legal document issued by a statutory notary office or other institutions with the right to issue certificates at the place where the holder requests payment within the statutory time limit to prove that the payer refuses to accept or refuse to pay. After obtaining the rejection certificate, the holder can exercise the right of recourse against the previous endorser without prompting for payment.
(10) Recourse According to the Geneva Negotiable Instruments Law, a negotiable instrument loses its right of recourse due to the lapse of time. For example, the rights of the acceptor of a bill of exchange are valid for 3 years from the maturity date, and the holder's right of recourse against the prior party is from the date of self-denial or from the maturity date 1 year; Where the indorser of a bill of exchange pays off the bill and recourse is made to the previous party, the indorser of the bill of exchange is valid for 6 months from the date of payment.
2. Bill type
(1) Draft A draft is an instruction issued by the drawer and unconditionally paid by the payer to the designated payee according to the agreed payment period (spot or forward).
(2) The drawee of a promissory note is the drawer himself.
(3) The drawee of a cheque is a bank.
Two. transport document
1. Type of shipping document
(1) export warehouse receipt or bill of lading
(2) export goods declaration form or export goods list
(3) the waybill for export goods
2. Types of freight documents
(1) ocean bill of lading
(2) Entrusted booking change orders
(3) Railway waybill
(4) Receiving the transported goods
(5) Receipt of Land Bridge Intermodal Transport
(6) Air waybill
(7) Postal parcel receipt
Three. Commercial invoice and packing list
1. The role of invoices
(1) Vouchers for goods receipt and delivery, goods receipt and payment and accounting by the buyer and the seller.
(2) The buyer and the seller handle customs declaration.
(3) Basis for the Seller to prepare other documents.
(4) In the absence of a sight draft, the seller will collect money from the buyer with the invoice.
2. Invoice content
(1) should be marked with the words "commercial invoice" or "invoice".
(2) The full name and detailed address of the exporter shall be provided.
(3) The name and address of the importer shall be stated.
(4) Indicate the invoice number and contract number.
(5) indicate the place of departure and destination.
(6) Describe the goods in detail.
(7) marks and numbers and part number.
(8) necessary statements.
(9) Import license number.
(10) Signature and seal of the exporter.
(1 1) Certification of CCPIT.
(12) Consular visa.
Four. customs invoice
1. The role of customs invoices
(1) for importers to submit goods for verification, valuation and taxation; 2) Provide the basis of the origin of the goods.
(3) For the customs of the importing country to inquire about the price of goods in the domestic market and confirm whether there is dumping.
(4) It is convenient for statistics.
2. There are many different customs invoice formats in different countries. Please pay attention to the specific operation.
3. Prepare customs invoices
(1) must be completely consistent with the corresponding items in the commercial invoice.
(2) When the domestic market price or cost price must be listed, it should be noted that it is lower than the FOB price of sales.
(3) Accurate calculation of freight, insurance and packaging fees.
(4) The customs invoice shall be paid to the consignee or the notifier of the bill of lading.
(5) The signatory of the customs invoice may be signed by the person in charge of the exporting unit, and the witness must be signed by another person, not the same person.
Verb (abbreviation of verb) insurance document
The insurance clauses are printed on the back of the insurance policy, and the following contents shall be written on the front:
(1) Name of the applicant
(2) marks and numbers
(3) Name of goods
(4) The insured amount is generally 10% of the invoice amount.
(5) the name of the ship or means of transport.
(6) Operating date
(7) For the rate, generally fill in "According to the arrangement".
(8) transportation starting point and end point.
Insurance is usually covered according to the terms of China International Chamber of Commerce.
(10) The place of indemnity generally pays the indemnity at the insured destination.
(1 1) Date of insurance.
6. Certificate of origin of goods
There are many certificates of origin issued by different issuing agencies in China. They are:
1. Certificate of Origin of China Council for the Promotion of International Trade.
2. Generalized System of Preferences certificate of origin
3. European certificate of economic homology
4. Declaration of origin for exports to the United States
5. Other certificates of origin
Seven. Commodity inspection?certificate
Inspection certificate of China National Inspection Organization
(1) quality inspection certificate
(2) Weight inspection certificate
(3) Quantity inspection certificate
develop
I. International contracts for the sale of goods are basic contracts:
0 1 As we all know, international trade is contract-centered, and goods import and export contracts concluded between enterprises in different countries are collectively referred to as international sales contracts or international goods sales contracts; 02, in China's foreign economic exchanges, there are many contracts related to foreign parties, but the international contract for the sale of goods is the most important and basic contract;
03, this is because: in foreign trade, although there are many ways of trade, the usual way of unilateral import or export by transaction is still the main and basic way, and other ways are either based on it or developed on it; 04. In a Sino-foreign joint venture or cooperative operation, the foreign party imports the required materials with goods or the funds of the joint venture or cooperative enterprise, or exports products, or both;
05, in the technology transfer trade, because it is often combined with the import of related machinery and equipment;
06. In the labor cooperation and project contracting business, the output and input of building materials are usually driven at the same time as the output and input of labor;
07. Most of these foreign economic exchanges are inseparable from the import and export of goods, while international cooperation in the sale and purchase of goods is in the form of transaction by transaction and currency settlement, and goods import or import contracts are reached with businessmen from other countries (regions);
08. Enterprises engaged in foreign trade usually sign contracts with suppliers, demand departments, transportation, insurance, banks and other institutions when conducting transactions. These contracts are for the performance of international contracts for the sale of goods, and they are supplementary contracts. The most basic is the international contract for the sale of goods;
Two, the conclusion and performance of international contracts for the sale of goods must comply with legal norms:
0 1, international contracts for the sale of goods, like other economic contracts, embody the economic relationship between China's foreign trade enterprises and foreign customers, as well as the rights and obligations of buyers and sellers;
Economic contract is the product of commodity economy, and law is the means to adjust economic relations. Only a contract that conforms to the law can be recognized by law, the rights of the parties to the contract can be protected by law, and their obligations can be supervised and bound by law;
03, 1999 People's Republic of China (PRC) contract law (hereinafter referred to as contract law) was passed at the second session of the Ninth National People's Congress in March. The law shall come into force on June 1999 65438+ 10/day;
04. Contract Law is an important part of civil and commercial law, and it is the basic law to regulate market transactions. Its promulgation and implementation will certainly protect the legitimate rights and interests of the parties to foreign-related economic contracts and play an important role in promoting the development of China's foreign economic relations and trade;
05. Article 7 of the Contract Law stipulates: "When concluding and performing a contract, the parties shall abide by laws and administrative regulations and respect social morality, and shall not disturb the social and economic order or harm the public interests." The Contract Law also stipulates that contracts established according to law are protected by law. A contract that violates the mandatory provisions of laws and administrative regulations is invalid. Therefore, according to China's contract law, the conclusion and performance of international contracts for the sale of goods must conform to legal norms;
06, legal norms:
A: First of all, it must comply with domestic laws.
Domestic law refers to the laws formulated or recognized by the state and effective within its sovereign jurisdiction. International contracts for the sale of goods must conform to domestic laws, that is to say, to laws formulated or recognized by a certain country. For example, according to the General Principles of the Civil Law of China
Article 6 and Article One Happy and Fifth stipulate that the conclusion of contracts, including foreign-related contracts, must abide by the laws of People's Republic of China (PRC). Even if foreign laws or international practices are applied according to law, they shall not violate the social interests of People's Republic of China (PRC). However, because the parties to an international contract for the sale of goods live in different countries or regions, the laws of different countries often have different provisions on the same matter. Once a dispute or dispute occurs, such as the laws of the countries where the two parties are located are inconsistent, it becomes a question of which country's law is the basis for handling the dispute, which is commonly known as "conflict of laws";
In order to solve this problem, the laws of most countries have made specific provisions on which country's laws should be applied to their foreign-related economic contracts. But the regulations in different countries are different. There are laws applicable to the contracting place and laws applicable to the place of performance; The laws of many countries stipulate that the laws of the country most closely related to the contract shall apply, or allow the parties to choose the law applicable to the contract;
According to the provisions of Article 145 of the General Principles of Civil Law of People's Republic of China (PRC) and General Principles of Civil Law of People's Republic of China (PRC), the parties to a foreign-related economic contract in China "can choose the applicable law for handling contract disputes." "If the parties have no choice, the domestic law most closely related to the contract shall apply." ;
What is the "country with the closest connection to the contract" must be determined by the court or arbitration institution that accepts contract disputes according to the specific circumstances of different transactions. For example, a China foreign trade enterprise headquartered in Beijing and a Japanese enterprise headquartered in Tokyo signed a sales contract at the Guangzhou China Export Commodities Fair on the condition that the goods were shipped and delivered at Shanghai Port. As this contract was concluded in Guangzhou, performed in Shanghai and performed in China at the same time, it can be considered that the country most closely related to this contract is China. On the other hand, if the contract is signed in Tokyo and the place of delivery is a port in Japan, if the contract does not choose the applicable law, according to the provisions of China law, Japanese domestic law can be applied when dealing with contract disputes;
International contracts for the sale of goods must also be handled in accordance with international practice.
International trade practices are some relatively clear and fixed general practices of trade practices gradually formed in the long-term international trade practice, including written and unwritten;
However, the principles, norms and rules mainly compiled and interpreted by the international trade organization, written, recognized by people with the same position in most countries, and widely used and observed by * * *;
International trade practices are legally binding on the parties only when they are recognized or adopted in practice. Parties may amend or supplement the Convention when adopting it;
At present, the most important thing in China's foreign trade work is to close the terms of trade and pay and settle accounts; There are also some other conventions and practices formed by both parties, which can also play a legally binding role on the parties; C. The conclusion and performance of China's foreign trade contracts should also conform to the international treaties related to contracts concluded or acceded to by China. At present, the international treaties related to China's foreign trade contracts mainly include:
(0 1) Bilateral trade agreements or trade payment agreements and trade agreements concluded between China and some countries, as well as relevant international conventions ratified or acceded to by China;
(02) 1980,19861approved by China in February, 1988 1 year1October. When our government deposited its instrument of ratification of the Convention, it made two guarantees:
A, retain the first paragraph (b) of Article 1 of the Convention, that is, China does not agree to expand the scope of application of the Convention. For China enterprises, the Convention only applies to contracts concluded between the parties to the Convention;
B. Reservations on Articles 1 1, Article 29 and related articles of the Convention. In other words, enterprises in China should conclude, modify and terminate agreements with foreign countries in written form such as letters, telegrams and telex. According to Article 42 of the General Principles of Civil Law of People's Republic of China (PRC): "If there are different provisions between the international treaties concluded or acceded to by People's Republic of China (PRC) and the civil law of People's Republic of China (PRC), the provisions of the international treaties shall apply. However, the provisions reserved by People's Republic of China (PRC) at the time of conclusion or accession take precedence over domestic laws;
Three. Necessary conditions for an effective international contract for the sale of goods:
(a) the buyer and the seller should have the qualifications and ability to act legally.
Article 9 of China's Contract Law clearly stipulates: "When concluding a contract, the parties shall have corresponding capacity for civil rights and capacity for civil conduct. take for example
If it is a "natural person", it must be a citizen;
0 1, minors do not bear contractual responsibilities;
02, mental patients or drunken people during the onset or unconscious state of the contract, can also be exempted from legal responsibility; If it is a "legal person", the actor should be the authorized representative of the enterprise, such as:
1, when a person in charge of a non-enterprise enters into a contract on behalf of an enterprise, he should generally have a certificate of authorization, a power of attorney or similar documents; 2. In China, only enterprises with the right to operate foreign trade are allowed and approved by the government to engage in foreign trade activities, and conclude sales contracts with foreign countries for the goods with which they have the right to operate;
(2) It means that both parties agree on a voluntary basis.
0 1, an international contract for the sale of goods is a legal act of the buyer and the seller, not a unilateral act. Therefore, the contract can only be established if both parties agree, that is, agree. Moreover, this agreement must be based on the willingness of both parties; 02, in practice, it needs to go through the process that one party offers and the other party accepts this offer;
03, this kind of voluntariness should be based on legality;
04. If it is determined that one party makes the other party accept the contract by fraud, threat or violence, it is legally invalid;
(3) You must pay for the other party.
1, the international contract for the sale of goods is a two-way contract, which pays for each other. The paid exchange is determined by the nature of the international contract for the sale of goods, which is called "consideration" in some countries. In other words, the rights enjoyed by one party are based on the obligations of the other party, and both parties should have rights to each other. The seller delivers the goods, the buyer pays the money and pays each other. If the goods are not delivered or paid as stipulated in the contract, it shall compensate the other party for its losses;
(4) The subject matter and contents of the contract must be legal.
0 1, the so-called "legal subject matter", that is, the goods and payment must be legal. Commodities should be commodities that the government allows to export or import. If the government controls them, there should be licenses or quotas. The receipt and payment of foreign exchange must comply with state regulations;
02. China's Contract Law clearly stipulates that when concluding and performing a contract, the parties shall abide by laws, administrative regulations and social ethics, and shall not disturb the social and economic order or harm the public interests. A contract that violates the mandatory provisions of laws and administrative regulations is invalid. In addition to the aforementioned general principles of civil law, contract law and other foreign-related economic contract laws that have been promulgated in China, there are also many separate laws, such as customs law, maritime law, import and export commodity inspection law, entry and exit animal and plant quarantine law, trademark law, patent law and so on.
03, in addition, our government has formulated a series of foreign trade laws and control measures, as well as the relevant international treaties concluded and acceded to by our government, and the contracts for the sale of goods concluded by Chinese enterprises must be observed and not violated;
04. Relevant national laws and administrative regulations also stipulate that any contract involving the highest price, restricted sales area, restricted competition, etc. If it does not comply with the provisions of the anti-monopoly law, competition law, etc. , is in violation of the public interest. Can be considered as an invalid contract;
(5) It must conform to the forms prescribed by law.
0 1, some national laws stipulate that it must be in written form, or contracts exceeding a certain amount must be in written form, and oral contracts are not recognized as valid;
02, some countries allow the use of customs contracts;
Article 1 1 of the 2003 United Nations Convention on Contracts for the International Sale of Goods stipulates that no license is required to conclude a sales contract.
;