Business Training for International Shipping Practitioners
In mid-July, 2004, I came to Shanghai Maritime University with the expectation of company leaders and colleagues to attend the fifth "International Maritime Practitioner Training". These two weeks have covered a wide range of contents, so I will write a summary of what I have learned about the company's business and share it with you. The course is mainly organized around four sections: 1) international shipping policies and regulations; 2) Basic knowledge of international shipping management; 3) Multimodal transport; 4) marine insurance
Part I: International shipping policies and regulations.
Around this theme, Professor Yin Dongnian introduced four aspects of policies and regulations: (1) international shipping policies and regulations; (2) National shipping policies and regulations; (3) port service policies and regulations; (4) policies and regulations on international shipping auxiliary services. International shipping agency business belongs to the category of ship auxiliary services, and our company is one of the main institutions engaged in international shipping agency business in China. Here, we summarize the shipping agency business: Shipping agency means that the shipping agent is entrusted by the shipping company or other interested parties (principals or agents) to handle shipping-related affairs in Hong Kong in the name of the principal within the scope of agency authority, and engage in legal acts with a third party, and the principal shall bear the consequences of such acts and pay the agency fee.
According to the General Principles of the Civil Law of People's Republic of China (PRC) and the Civil Law of People's Republic of China (PRC), the legal status of agents, including ship agents, mainly includes:
(1) An agent carries out a civil juristic act in the name of the principal (the principal) within the agency authority, and the principal bears civil liability for the agent's agency act, that is, he has the right to act as an agent.
(2) The agent "has no right to act as an agent", and the resulting legal consequences can only be recognized by the principal, who will bear civil liability.
(3) The agent "abuses his power of agency", and the agent and the third party are jointly and severally liable for the damage caused by the principal.
(4) When the authorization of the principal is unknown, the principal shall be liable to the third party, and the agent shall be jointly and severally liable.
(5) If the principal knows that the entrusted matters are illegal and still carries out agency activities, or the principal knows that the agent's agency behavior is illegal and does not object, the principal and the agent shall bear joint liability.
Shipping agency can be divided into long-term agency and voyage agency according to the length of time. Once a long-term agency relationship is established, the shipping company does not need to entrust each ship by voyage within the corresponding time limit. The bulk carrier represented by our company should also belong to this kind of agent. Followed by voyage agents, such ships do not often go to ports of call. Due to the temporary need of voyage, the shipping company has established an agency relationship with the shipping agent, and our company is also engaged in such agency business in large quantities. After the agency relationship is established, the entrusting party shall fulfill the obligation to pay the advance payment, and the losses such as ship delay caused by the failure to remit the reserve fund and additional fees in time shall be borne by the entrusting party. At the same time, the shipping instructions, transportation contracts and shipping documents should be provided to the entrusted shipping agency.
Shipping agents are entrusted agents, not legal agents or designated agents. The establishment of agency relationship depends entirely on the wishes of both the agent and the principal. In daily work, we should pay attention to the relationship with the principal, improve the quality of service, and make both the agent and the principal profit.
The second part is the basic knowledge of international shipping management.
In this part, Professor Lin talked about four aspects: (1) basic knowledge of international shipping economy (2) basic knowledge of international shipping enterprise management (3) basic knowledge of international shipping freight technology (4) e-commerce and integrated logistics. The (1) part is the most important. The international shipping market is an important part of the international market, and the basic shipping market consists of non-scheduled shipping market and scheduled shipping market.
Irregular shipping is one of the oldest modes of ship operation. There is no fixed route, no fixed port of call, no fixed schedule and freight rate for ship operation. The operation of the ship shall be subject to the requirements of the shipowner. The specific operation arrangements shall be negotiated by the shipowner and the shipowner, and the freight rate and rental fee shall be determined by both parties depending on the market situation. The demanders in the market can be traders and manufacturers, while the suppliers can be shipowners, second shipowners and third shipowners. Most of the bulk groceries and liquid cargoes represented by our company, such as steel ships in Xinghua Port, pulp ships and chemical ships in China Resources Terminal, have adopted this ship operation mode.
Tramp transportation is mainly carried out by chartering, which is established by concluding chartering contracts. Charter can be divided into voyage charter, time charter and bareboat charter. Voyage chartering and time chartering are the most common in daily work. Voyage chartering refers to voyage chartering, that is, the ship owner uses the designated ship to transport the designated goods for the lessee on one or more voyages between designated ports. The loading and unloading expenses are determined according to the loading and unloading clauses of voyage charter party, and all others are borne by the shipowner. The lessee shall pay the freight to the lessor according to the actual weight of the goods shipped and the agreed rate. In order to shorten the ship's stay in Hong Kong as much as possible, it is often necessary to agree on the loading and unloading speed when concluding a voyage charter party, and the charterer should pay the "demurrage fee" to the shipowner when the ship is loaded and unloaded in advance, and the shipowner should pay the "dispatch fee" to the charterer. When concluding a charter party, we should pay attention to the following aspects:
I. Determination of a specific ship
There are usually two methods for the parties to choose:
1. Named vessel. For the shipowner who provides the ship, it is a contractual obligation to provide the ship stipulated in the contract. Otherwise, it will be regarded as a breach of contract, and the lessee has the right to terminate the contract and demand compensation for all possible losses. In practice, when specifying the name of the ship, it can be stipulated in the ship contract that "m/v ever glory" or "the shipowner chooses to substitute" and other "alternative clauses", which is a kind of "option" in favor of the shipowner.
2. The proposed name of the ship is essentially a kind of "ship selection right" of the shipowner. In order to prevent the shipowner from using this right to arbitrarily select and dispatch ships that do not meet the charterer's requirements, both parties must clearly stipulate the specific standards, performance and technical specifications of the ships to be designated in the contract, so as to prevent the shipowner from failing to meet the contract requirements in the future. At the same time, the lessee has the right to terminate the contract and claim compensation for the lessor's breach of contract.
2. With regard to the ship's capacity, we should pay attention to the following aspects: when negotiating the charter business and concluding a voyage charter contract, it is difficult for the ship owner to accurately estimate the consumption of fuel, fresh water and other materials needed by the ship during the voyage, so it is impossible to blindly stipulate the exact quantity of goods that the ship can carry in the contract. It's best to specify an approximate quantity and specify "quantity increase or decrease clause" in the charter party. Generally speaking, the percentage of increase or decrease in the quantity of goods loaded by a ship is generally between 5%- 10%, which is determined by both parties in the contract.
Three. Matters needing attention in ship positioning, dispatching as soon as possible and deviation.
The above three items are the basic obligations of the shipowner. The delay in the arrival of the ship at the loading port within the expected time stipulated in the contract due to the inaccurate position of the ship provided by the ship owner, whether intentional or negligent, constitutes a breach of contract, and the charterer has the right to demand compensation from the ship owner for the losses caused thereby, especially when the ship is illegally diverted, and in many cases it may lose the exemption right stipulated in the contract.
4. Matters needing attention about loading port or unloading area specified in the contract:
At present, there are three port selection methods commonly used in the world: (1) specifying the specific loading port and unloading port. In this case, the charterer designates a specific loading and unloading port, and the shipowner has the right to object to the port safety. After the ship arrives at the designated port, the shipowner cannot claim compensation from the charterer on the grounds that the port designated by the charterer is unsafe. (2) The lessee is required to choose the loading and unloading port in a certain area. In this case, the lessee should bear the responsibility of "safe harbor". (3) Specify specific loading and unloading berths or locations. If the specific berth or location of the loading and unloading port is specified, the lessee will not assume the responsibility of "safe berth", and if only the name of the port is determined, but the berth or location for loading and unloading goods is not specified, it means that the lessee will determine the berth or location after the ship arrives at the port. Therefore, the responsibility of "safe berth" should be borne by the charterer.
5. Relevant loading date and termination date
"loading date and termination date" is what we usually call LAYCAN. According to international practice, LAYCAN period is generally defined as 10- 15 days. If the ship fails to arrive at the loading port on schedule due to natural disasters, force majeure or other special reasons stipulated in the contract, even if the contract is terminated, the charterer cannot claim compensation from the shipowner. However, if the delay is caused by lying about the ship's position, illegal deviation or failure to make the ship sail as soon as possible, the charterer can not only terminate the contract, but also claim compensation from the owner of the ship.
The concept of intransitive verb handling fee clause
The question of who will bear the loading and unloading expenses involved in chartering transportation shall be handled in accordance with the "loading and unloading expenses clause" stipulated in the charter party. The following is an introduction to several clauses that we often encounter in our daily work.
FIO: This clause means that the charterer is responsible for loading and unloading the goods at the two ports, including hiring stevedores and paying the loading and unloading fees.
FIOST: The charterer is responsible for loading and unloading cargo, managing and leveling the cabins of the two ports, including hiring stevedores and paying the loading and unloading fees, managing and leveling the cabins.
Li, FO: The shipowner is responsible for hiring people at the loading port, loading and paying the loading fee, while the charterer is responsible for hiring people at the unloading port, unloading and paying the unloading fee.
FI, LO: It means that the shipowner is not responsible for the loading fee, but for the unloading fee.
Seven. shipping cost
It is unfavorable for shipowners to divide freight into "paid freight" and "prepaid freight" and "paid freight", so shipowners often apply for freight insurance from insurance companies. However, when the freight is prepaid, the charterer has certain risks and interest losses, so the charterer often applies for CIF insurance from the insurance company.
Part III Multimodal Transport
This part includes international multimodal transport, container multimodal transport and international trade, freight calculation and cargo damage accident handling. In the liner transportation of groceries, all kinds of documents need to be compiled from the consignment of goods to the loading and unloading of goods and then to the delivery of goods. Among them, the bill of lading is the most important. Article 7 1 of Maritime Law stipulates: "Bill of lading refers to the document used to prove that the contract of carriage of goods by sea and the goods have been received or loaded by the carrier, and the evidence of delivery of the goods is kept by the carrier. The delivery of the goods to the named person or in accordance with the instructions or to the holder of the bill of lading stipulated in the bill of lading constitutes the carrier's guarantee of delivery of the goods. " Therefore, the law endows the bill of lading with the functions of receiving goods, title certificate and proof of transportation contract. In the operation of bill of lading, we should pay attention to the following points:
(1) The bill of lading can be divided into clean bill of lading and unclean bill of lading according to whether the goods have bad appearance. The so-called clean bill of lading refers to the bill of lading that has no annotation or annotation and does not affect the normal settlement of foreign exchange. Exporters are required to issue clean bills of lading when handling foreign exchange settlement with banks. However, in daily work, "unclean" situations often occur. Usually, the shipper issues a letter of guarantee to bear the legal responsibility for the unclean part. Legally, this kind of guarantee is invalid, and the carrier is at greater risk when accepting the guarantee. Professor Yin Dongnian suggested that the way to avoid such problems can refer to the following principles: for high-priced goods, letters of guarantee are not accepted. For low-priced goods, in order to meet commercial needs, a letter of guarantee can be accepted.
(2) Bill of Lading under charter party: This kind of bill of lading is characterized by incorporating the lease into the terms, thus binding the holder of the bill of lading with the lease and the bill of lading, which is unfavorable to the consignee. If the terms in the lease are contrary to the main bill of lading, the terms in the bill of lading are invalid, and the cost part of the incorporated terms can be effectively incorporated, which is more effective.
(3) Advance and countersign the bill of lading.
The date of issuance of the bill of lading shall be the date of shipment of the goods. However, due to the slow preparation of goods by the shipowner, the ship's delay or other shipper's responsibilities, in order to ensure the settlement of the letter of credit, the practice of "accepting the letter of guarantee" and countersigning the bill of lading is usually adopted. It is obvious here that countersignature and advance bill of lading are fraudulent acts and are regarded as serious mistakes in breach of contract. However, the "letter of guarantee" meets the commercial needs in actual operation to a great extent. Therefore, in practical application, we can refer to the principles of accepting letters of guarantee and issuing clean bills of lading.
(4) Delivery without bill of lading
Delivery without bill of lading means that the carrier fails to deliver the goods to the person who has the right to take delivery with the original bill of lading. At present, the phenomenon of delivery without bill of lading is very common in the shipping industry, with liner business accounting for 20%, chartering business accounting for 50% and tanker business accounting for 80%, and the trend of delivery without bill of lading is still rising. Under normal circumstances, if the person who legally holds the original bill of lading claims compensation from the carrier for the losses caused by delivery without bill of lading, it shall be defined as a breach of contract dispute, and the carrier shall be liable for the losses directly related to delivery without bill of lading. However, delivery of goods without bill of lading under straight bill of lading is still controversial in China. According to the maritime law of China, the registered bill of lading does not need to be delivered by the original bill of lading. If the shipper fails to exercise the right of control before the delivery of the goods, and the shipper and the named consignee have not reached a new agreement to change the consignee, as long as the carrier delivers the goods to the named person on the named bill of lading, even if the bill of lading is not recovered, it does not constitute the so-called "delivery without bill of lading", and the carrier will not be liable for breach of contract.
(5) Emissions
The shipper has the right to ask the carrier to discharge, provided that the carrier has not issued the bill of lading or the issued bill of lading has been taken back. The shipper must issue a valid letter of guarantee before unloading. Attention should be paid to the review of the letter of guarantee: 1. The qualification stamp of the guarantee unit and guarantor must be reviewed; 2. The contents of the letter of guarantee must be related to this case. 3. The effect of time, it is best not to write, the default can be handled according to the guarantee law.
Part IV Marine Insurance
In this part, Professor Yang starts from the following three aspects:
A. marine cargo insurance
Marine insurance is a system that provides economic compensation services for maritime trade and maritime transportation.
Marine insurance contract is a kind of insurance contract and belongs to the category of economic contract. It is a contract signed according to the spirit of maritime law and marine insurance law and the principle of freedom of contract. The parties to a marine insurance contract and related parties are the main body of the insurance contract, enjoying contractual rights and undertaking contractual obligations.
In international trade, insurance is an important part. Regardless of the price terms, either the seller or the buyer is required to insure. If the goods are transferred and sold in transit, the cargo insurance policy will also become a negotiable securities circulating in the international trade market together with the bill of lading.
B. Ship insurance and P&I insurance
As a kind of property insurance, ship insurance can be divided into tangible objects and intangible objects.
The value of the ship is the basis for determining the insured value and insured amount of the ship, and it is also the basis for calculating the indemnity of the ship insurance, calculating the contribution of the ship to the general average and paying the salvage expenses.
P&I Insurance Company (P&; I) Liability risk insurance within the scope of insurance. P&I insurance business is not handled by insurance companies, but by a P&I association voluntarily organized by shipowners. I club)
C.* * * General average
* * * General average refers to the special sacrifices and special expenses directly caused by the deliberate and reasonable measures taken by ships, goods and other property for the common safety when they encounter the same danger on the same sea voyage. Among them, * * * general average sacrifice is the material loss of the goods directly caused by * * * general average behavior, and * * * general average expense is the extra expense that * * * general average behavior needs to pay.
Although the trip to Shanghai is short, it is a rare learning opportunity. For me, it is important to broaden my professional theoretical knowledge and gradually digest and understand it in my work, so as to better reflect my value in my future work and make my own contribution to the bright future of foreign generations.
Second, the operation of the outer wheel.
Overview of chemical fertilizer loading on "enzyme-linked immunosorbent assay"
The general situation of the "Elizabeth" is as follows:
Nationality: Georgia Callsign: 4LUQ
Gross tonnage: 12034 net tonnage: 5826
Captain:148m; width: 23m.
Cabin: 4 cranes: 3 cranes 17 ton crane,
Port of Arrival: Hu Zhimin, Vietnam Port of Destination: Chittagong, Bangladesh.
Berthing time: 2004. 10. 10 sailing time: 2004.38+00.438+06.
The operation of the whole process of loading at the port is summarized as follows:
I. Preparation before berthing
1. Contact the shipper, Sichuan Lutianhua, and the ship before the ship arrives in Hong Kong. See the attached page for packaging and pre-distribution requirements. Cooperate with loading and unloading companies and tally companies to meet the requirements of goods and ships. The main points to note are as follows:
(1) The shipper requests to clean the first mate's receipt so as to put the clean bill of lading before sailing;
② Dirty bags, broken bags and wet bags are not allowed to board the ship, and all the bags that the ship is not satisfied with are replaced;
③ Tight and tidy loading to reduce the loss of the cabin;
(4) the packaging bag logo is placed upward;
⑤ Line according to the requirements of the ship;
⑥ Quantitative customs clearance loading;
⑦ Seal the cabin after the goods are completed;
⑧ The handover of the spare package shall be signed by the dock, tally and ship.
2. Straighten out the relationship between customers:
East-west shipping is the customer.
SHPG mainland is the owner.
LODESTAR MARINE is a shipowner management company.
HELM FORTILIZER ASIA was the first buyer.
Sharp Glory Development is the general agent of the first buyer in Hong Kong.
The above companies transmit information and documents according to their requirements.
3. Understand the specifications and stowage of the goods: This time, it is loaded with bagged granular fertilizer, with a net weight of 50KG per bag and a packing bag size of 50 * 80cm. The capacities of the four cabins are 46 14M3, 5083.6 M3*2 and 4972.9 M3 respectively. According to the shape of the cabin, the loading coefficient of chemical fertilizer is preliminarily determined as 1.5, so the cargo capacity of each cabin divided by the loading coefficient is 3076 tons, 3389 tons *2, 33 10. At the initial stage, chemical fertilizer 1.35 million tons is needed, and the capacity of its loading cabin is relatively tight. It is necessary to require and urge the dock operators to stack each bag of chemical fertilizer compactly and neatly, and make full use of the cabin capacity.
4. Understand the situation of stocking and customs clearance: Before this round of berthing, 9,800 tons have arrived at the dock, of which 5,750 tons will be directly loaded on the "Elisha" by two small barges, and the customs clearance procedures for freight15,000 tons of fertilizer have been completed.
5. Terminal operation plan:
① Arrange four line operations, including two ship cranes and two shore cranes;
② The expected loading speed is 2,500 tons/day.
Second, berthing and loading.
1. The import procedure of this ship is the same as that of ordinary ships that usually call at the port. The captain applies for 30-day new ton tax, and after confirming with the dispatcher, he applies to the customs for handling.
2. The shipper's letter of credit requires an inspection certificate. Before shipment, the shipowner will arrange Changshu commodity inspection to inspect the cabin, and the shipment can only begin after the inspection is qualified. 10 pm 1445- 1552, passed the cabin inspection successfully. At the same time, all preparations have been made: two portal cranes are in place at No.5 berth of the wharf, onshore machines and tools are ready, workers are in place, on-site tally is in place, and the barge "Ji Chuan 3" is docked properly.
3. At the same time, the site will communicate with the dock supervisor, tally officer and ship's first mate to understand the ship's stowage plan and requirements, and the first mate will show the pre-stowage map, and the stowage coefficient is also 1.5. After understanding the requirements, the loading and unloading company and tally company officially started work on 1600, with four shifts and two gantry cranes. The two ships were divided into four cabins and operated at the same time.
Third, master the daily loading schedule, supervise the loading quality and handle the entrusted matters.
1. Take a camera with you every day when you board the ship, take pictures of the loading progress at any time, and send the cargo loading situation and photos to the entrusting party by email in time, so that they can have a more intuitive understanding of the photos while seeing the text description. Try to meet the requirements of the captain and the first mate, even their personal affairs, and provide some convenience for handling various matters of loading.
As the shipowner requires the captain to issue a clean bill of lading, the loading must meet the requirements of the ship. Therefore, the loading of wharf operators should be strictly controlled, and it is forbidden to load dirty and broken packages, and it is forbidden for workers to turn over and turn over packages. Each package of fertilizer should be neatly stacked and placed compactly.
At 3: 30 a.m. on June+10/October 12, 65438, the first mate on board requested to stop work, because each bag of fertilizer was widely spaced and placed in disorder. After receiving the notice, I immediately coordinated with the site supervisor to rework the unsatisfactory places of the ships in each cabin, and then resumed work after meeting the requirements of the first mate. There are two reasons for this stoppage: first, workers have the psychology of getting off work on time at the specified time, and only care about completing a certain amount, so they dump their bags at will and pile them at will; Secondly, the dock supervisor's supervision at night is weak, and the handover to and from work is unclear. Moreover, there will be a supervisor calling me to complain, why should every bag of dirty bags be hung in the cabin? This shows that the terminal operators have not implemented the loading requirements of this round from top to bottom. In order to avoid this unnecessary shutdown in the future, we must start from these two aspects.
3. There are many entrusted matters in this round. For the matters entrusted by the shipowner, arrange as soon as possible, confirm by fax after receiving the invoice and receipt, report the expenses in time, and strive to settle as soon as possible to prevent procrastination and bad debts. The specific entrusted matters are as follows:
① I bought 9 charts.
② New fresh water100t.
③ refueling FO: 145.5t, DO: 40t.
④ Buy a mobile phone SIM card for the captain and recharge the 600 yuan.
⑤ The $ 1000 given to the ship by the charterer is used as tally bonus. After the captain signs the receipt, he will fax it to the charterer for confirmation and submit it to the finance department for accounting.
4. The lessor entrusts our company to arrange the plastic woven cloth for the berth. The first batch of 20 bags were bought, and they were put in the tally room on board after signing. In the process of use, purchase in time to ensure that the loading will not be affected, and urge the dock workers to save as much as possible on the premise of meeting the berthing requirements, and return the remaining goods to the cabin after the goods are used up. Because this round of expenses is all-in, we should try to save money on the premise of meeting the requirements.
5. The shipowner has prepared 2% spare bags for the ship, of which 1% is used for berthing, and the quantity received by the ship is indicated in the bill of lading. In practical use, it is not practical to use spare bags as cushions, so woven cloth is still used.
Fourth, the preparation work before sailing
1. Two days before the goods are completed, print SOF herbs as required and fax them to the shipowner and lessee for confirmation.
2. Because the captain needs to sign the original bill of lading before sailing, the sample of the bill of lading should be confirmed to the shipper and the captain, and faxed to the charterer and the entrusting party for confirmation, and the entrusting party's written consent should be obtained to release the bill.
/kloc-On June 5438+00, 0/5, after receiving the notice of the owner to stop loading, he immediately coordinated with the first mate to meet the requirements of stowage and draught, and officially stopped working at 23:00 in the evening. The ship actually loaded 234 166 bags with a gross weight of 1438+06438. 48666
4. Problems and solutions before the issuance of the bill of lading:
① Check the loading condition after the goods are completed. The first mate on board was dissatisfied. 1 has serious empty cabins at the fore and aft, with a cargo gap of 200-300 tons on each side. Our company immediately contacted the terminal operator, reloaded some goods, filled the space tightly, and sealed the cabin only after it met the requirements of the ship. The reason is the same as the previous rework, or because of poor supervision of the terminal and sloppy operation of workers.
It is disputed whether there are 34 packages of goods on board. The reason is that the ship thinks that 34 bags of dirty fertilizer found in the cabin yesterday have not been hoisted back to the ship after being hoisted ashore, while the dock and tally insist that these 34 bags have been boarded. In this way, in order not to affect the navigation, our company contacted the lessor and asked the lessor to provide the ship with a letter of guarantee to ensure that the ship was irresponsible for these 34 packages of fertilizer. First, the value of the disputed goods is not large, about 450 dollars, which is more important than the date of shipment; The second is to seal the cabin, and the ship cannot tamper with the goods. After the lessor agreed to our suggestion and sent a guarantee telegram to the captain, the captain signed the original bill of lading with confidence and sealed the cabin. The dispute over the quantity of goods shows that there are defects in the check between the tally company and the ship, and it is impossible to produce evidence to convince the ship after the dispute arises.
3. With regard to the boarding of spare bags, the ship found many dirty bags when signing for them, and asked for replacement. Our company immediately communicated this matter with the shipper, and after coordination, we sent 200 bags of goods on board. However, after sailing, the ship did not admit this, and the dock could not produce any written signature procedures, indicating that the spare package was not handed over as required.
Before sailing, carefully check whether all matters have been completed and all documents have been signed, and then arrange sailing after confirming everything is ready.
Verb (abbreviation for verb) sailing
The original bill of lading signed by the captain is faxed to the owner, and our customer will not let it leave the port until it is finally confirmed and the owner agrees.