Legal basis and practice of signing and implementing buyer credit contracts in Vietnam - 1

Cover Page Pledge Table of Contents

Model

Page

List of symbols and abbreviations

Introduction 1

1. Urgency of the topic 1

2. Research status of topic 2

3. Purpose and research tasks of topic 3

4. Scope of research topic 4

5. Methodology and research methods 4

6. Scientific and practical significance of topic 5

7. Structure of Thesis 6

Chapter 1 BASIC THEORETICAL ISSUES OF CONTRACTS

BUYER CREDIT 7

1.1 Concept of Buyer Credit 7

1.1.1 Concept of credit and international credit 7

1.1.2 Concept of Buyer Credit 8

1.1.3 The nature and basic elements of Buyer Credit 8

1.1.4 Advantages of Buyer Credit 14

1.1.5 Comparison of buyer credit and export support credit 15

1.1.6 Difference between buyer credit and official development assistance (ODA) credit 16

1.1.7 Difference between Supplier Export Credit

and Buyer Export Credit 18

1.2 Overview of Buyer Credit Agreement 19

1.2.1 Definition of Buyer Credit Agreement 19

1.2.2 Basic terms of the Buyer Credit Agreement 19

1.2.3 Some legal issues related to Buyer Credit Contract 30

1.2.4 Relationship between the Buyer Credit Agreement and the Commercial Contract for the Sale of Goods that is the subject of the Buyer Credit Agreement 33

1.2.5 Security measures applicable to HDDTNM 36

1.2.6 Providing legal opinion on the Buyer Credit Agreement and on the Letter of Guarantee 38

1.3 The role of the Buyer Credit Agreement 45

1.3.1 The role of the HDDNM in arranging capital for projects

Investment and development projects of Vietnamese enterprises 45

1.3.2 The role of the Enterprise Income Tax in the import-export business activities of Vietnamese enterprises 47

Chapter 2 LEGAL PROVISIONS RELATED TO BUYER CREDIT CONTRACTS AND PRACTICE OF SIGNING AND PERFORMING CREDIT CONTRACTS

USING BUYERS in VIETNAM 48

2.1 Legal regulations related to Buyer Credit Agreement 48

2.1.1 Legal regulations of countries related to Buyer Credit Contract 48

2.1.2 International treaties and international practices related to Buyer Credit Contracts 53

2.1.3 Domestic legal regulations related to Buyer Credit Contract 57

2.2 Practice of signing and implementing Buyer Credit Contracts in Vietnam 68

2.2.1 Vietnamese enterprises' understanding of Buyer Credit Contracts is still very limited 68

2.2.2 Difficulties in negotiating Buyer Credit Contracts with foreign partners 69

2.2.3 Difficulties in implementing the prerequisites of the Buyer Credit Agreement 70

2.2.4 Some problems in the process of implementing the Buyer Credit Contract 72

Chapter 3 DIRECTIONS TO IMPROVE THE EFFICIENCY OF SIGNING AND IMPLEMENTING CREDIT CONTRACTS

BUY IN VIETNAM 74

3.1 Vietnam's foreign debt situation in the form of buyer credit 74

3.1.1 Vietnam's foreign debt situation 74

3.1.2 Current management of Vietnam's foreign debt 75

3.1.3 The situation of foreign debt in the form of buyer credit of Vietnamese enterprises 75

3.1.4 Proportion and relationship between foreign borrowing in the form of buyer credit and Vietnam's foreign debt situation 76

3.2 Current status of domestic law related to human credit contracts

buy 77

3.3 The need to improve the law on Buyer Credit Contracts 78

3.3.1 The need to develop and perfect legal regulations related to buyer credit contracts 78

3.3.2 The need to continue to improve the law on granting guarantees for foreign loans 79

3.3.3 The need to perfect the law on providing legal opinions for Buyer Credit Contracts and for Letters of Guarantee 81

3.4 Practical issues arising from negotiation and implementation

Buyer Credit Agreement 86

3.4.1 The need to enhance Vietnamese enterprises' understanding of export credit and the content of the Foreign Credit Contract

buy 86

3.4.2 The need to increase Vietnam's credit ratio 86

3.4.3 The need for the participation of domestic financial institutions to guarantee the Buyer Credit Contract 87

3.5 Directions for building and perfecting laws related to Buyer Credit Contracts 88

3.5.1 Directions for building and perfecting laws regulating buyer credit contracts 88

3.5.2 Directions for developing and perfecting laws related to granting guarantees for foreign loans 88

3.5.3 Directions for building and perfecting laws related to providing legal opinions 89

3.6 Some recommendations to improve the effectiveness of the process of signing and implementing the Contract

Buyer Credit 91

3.6.1 Carefully review and evaluate financial proposals 92

3.6.2 Work to prepare before negotiation: 93

3.6.3 Notes during the negotiation process: 95

3.6.4 Strictly implement the disbursement prerequisites: 99

3.6.5 Strictly implement the provisions of the Commercial Contract: 100

CONCLUSION 102

REFERENCE DOCUMENTS