Could you tell me, after the Ministry of Industry and Trade stepped in to assist businesses in removing and retrieving cashew exports to Italy, what are the results so far?
Under the direction of the Ministry of Industry and Trade, the Commercial Counselor in Italy intervened in a timely manner and helped 8 containers of cashew nuts to be kept at the port, not allowing any individual holding the original documents to pick up the goods. That shows that Vietnamese enterprises still have the opportunity to keep their goods to continue waiting for the next steps.
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Mr. Bach Khanh Nhut - Vice Chairman of Vietnam Cashew Association |
However, we also find that the remaining steps are a matter of other ministry units that our Association is interested in. The first is that there are still more than 20 containers of goods in the trains that will arrive in Italy in this March and early April 2022. For these shipments, the Commercial Counselors, with their respective functions and duties, can only influence the Port Authority and Customs of ports in Italy to hold goods, prolonging, but not solving legal problems. Okay.
Therefore, we are urgently asking for the help of two ministries that have direct influence on: Transport and Public Security. Specifically, as for the Ministry of Public Security, there are currently many doubts that the lost documents are due to being swapped along the way, located outside Vietnam's waters, so the local police cannot support the business. must go through international Interpol. Meanwhile, in Vietnam, there is Interpol Vietnam, so through the Ministry of Public Security, we want to support to open investigations, find out and prove that the loss of original documents is caused by criminal organizations. breach of impact. From there, there is a basis for Vietnamese enterprises to gather evidences, send documents to lawyers, and submit them to competent courts to protect their legitimate interests.
For the Ministry of Transport - has the function of managing the Maritime Departments related to the transport of goods at sea. While in Vietnam, shipping lines (5 businesses hire freight) all open representative offices. Therefore, enterprises hope that with the impact of the Ministry of Transport, they will hold a meeting with shipping lines, bring the disadvantageous legal factors of Vietnamese people when losing documents, so that the shipping lines can make decisions based on the situation. emergency situations. Then, based on the collected factors, the business can prove that they have lost the set of documents created by the fraud factor and can make a decision to cancel all previously issued original documents, issue an additional set of certificates. new words so that Vietnamese businesses have enough facilities to receive goods back.
Sir, with the remaining shipments, how is your ability to control and receive goods?
The "lost" of the shipment can happen because according to the Maritime Law, if after the two-week detention time limit, the enterprise does not have valid documents to prove its shipment, the shipping company will deliver the goods to the person who has the necessary documents. legal original documents. Even, the case if the shipping company does not deliver the goods to the person with the original documents, they will be sued in the locality, and possibly even be banned from practicing in that country. Therefore, we are continuing to call on relevant ministries and branches to support businesses as soon as possible.
From this story, in your opinion, what should Vietnamese enterprises pay attention to when exporting to avoid the same situation?
For a long time, the cashew industry has exported a lot through brokerage companies and no business has studied all international legal systems because there has never been such a big scam. Or maybe there are scams but the number is small so they don't care to send lawsuits everywhere.
However, this case is too big and happened to many businesses as well as banks at the same time, so it is certain that after this lawsuit Vinacas will have practical notes for businesses.
Specifically, we will prepare a conference to gather all members and exporters to warn: From now on, you must learn carefully about brokers and brokers as well as carefully study buyers. and designated banking system.
We also prepare in advance that it will be difficult for a business to automatically find out information, so in the case of Vietnamese businesses, if they want to find out the buyer, the bank should send a request to Vinacas. After that, we, with a close relationship with overseas business counselors, will send an official request to check information in order to best support the business.
Thank you Sir!