Recommendations for proper implementation of regulations when transacting cross-border sales contracts

On November 28, information from the Border Gate Management Center (Dong Dang - Lang Son Border Gate Economic Zone Management Board) said that recently, import and export activities at border gates in Lang Son province have been running smoothly. However, during the import and export process, some risks have arisen, leading to some Vietnamese means of transport and goods being held by China and unable to exit the country.

Vehicles waiting for customs clearance to export goods through Chi Ma border gate ( Lang Son ), archive photo.

The main reason is that civil disputes arise related to the quality of exported goods that do not meet the agreed conditions, etc., and there is no agreement on a solution between the two parties. This leads to Chinese enterprises not paying wharfage fees, not carrying out customs clearance procedures for Vietnamese cargo vehicles; at the same time, requiring Vietnamese cargo owners and drivers to compensate in cash before completing the costs and procedures so that the vehicles can exit Vietnam.

According to Mr. Dinh Trung Kien, Deputy Director of Lang Son Border Gate Management Center, for cases where cargo vehicles are detained on the Chinese side, the Border Gate Management Center has advised the Dong Dang - Lang Son Border Gate Economic Zone Management Board to send a working letter requesting the Chinese side to coordinate and direct the functional forces to consider and resolve the case for the vehicles detained on the Chinese side to exit to Vietnam. The Chinese side informed that the vehicle being detained is not related to the functional forces.

To ensure the legitimate rights and interests of businesses and individuals conducting import-export activities through border gates, and to minimize disputes and risks, Lang Son Border Gate Management Center recommends and requests individuals and businesses to sign contracts for the purchase and sale of goods and import-export transactions in accordance with Vietnamese law and relevant international agreements.

Pay special attention to the contract's contents on checking and agreeing on the quality of goods upon delivery, choosing a guaranteed payment method through an international bank; and at the same time, add a clause that the means of transporting Vietnamese exported goods are not allowed to be retained after the goods have been returned (if not related).

In addition, the contract content must clearly stipulate the scope of responsibility from the time of receiving the goods to the delivery location; the process of preserving goods according to the signed contract, handling when loss or damage to goods occurs, risks to the vehicle; binding specific responsibilities of the parties involved in the event of civil disputes arising from China or Vietnam related to the goods...

Currently, import and export activities through the border gates: Tan Thanh, Huu Nghi, Chi Ma... Lang Son province are recorded at a high and stable level, but all ensure the capacity to release goods and have not recorded any congestion. On average, each day, the border gates clear customs from 1,500 - 2,000 vehicles carrying goods.

Source: https://baotintuc.vn/kinh-te/khuyen-cao-thuc-hien-dung-quy-dinh-khi-giao-dich-hop-dong-mua-ban-qua-bien-gioi-20251128095005662.htm