Classification BL
Classification BL
1. Based on whether the cargo is shipped on board or not (thời gian cấp BL và thời
gian xếp hàng lên tàu)
- Shipped on Board B/L:
B/L is issued after the cargo has been shipped on board a ship.
This is the most used type of bill of lading as an importer will make payment
only after the goods are loaded on board and requires shipped on board B/L
for payment.
Under FOB, CIF, and CFR terms, the shipper would be denied payment if
he did not obtain a shipped-on-board B/L. Because the shipper is liable for
cargo until the cargo is loaded onboard the ship. But he won’t obtain a shipped
on board BL means that the goods are still not loaded on board, and the
shipper/exporter/seller does not fulfill his responsibility.
A shipped on board B/L is indicated by:
+ The wording ‘Shipped in apparent good order and condition” is pre-
printed
+ Or “shipped” / “On board” / “Shipped on board”/ “Laden on board”/
“laden” is marked with the date
- Received for shipment B/L:
B/L is issued after the carrier has received cargo for shipment
The cargo has not been loaded on board of the ship yet
Indicated by:
+ On the front of the bill of lading, there is usually a pre-printed sentence:
“Received for shipment…” or “Received for carriage…” or “Taken in
charge...”.
+ Or without the word “shipped”
A received for shipment B/L can be converted into a shipped on board B/L
by the master adding “Shipped on board” or “Onboard” to the bill with a
specific date when the goods are actually loaded on the ship.
2. Based on the negotiability of the bill of lading (tính chất chuyển nhượng)
- Bearer bill of lading:
The one with no information about the consignee (the consignee box is left
blank).
Whoever holds the bill is the owner of the goods and entitled to receive
them at the destination.
This B/L is negotiable and transferable; can be transferred without
endorsement, just by physically delivering it or hand over. (theo điều 162 bộ
luật Hàng hải VN)
- Straight bill of lading:
A bill with a named consignee.
ONLY named consignee has the right to receive cargo.
So, the bill is non-negotiable and could not be transferable to another
party by endorsement and. Under this B/L the shipping company will
deliver the shipment to the named consignee upon presentation of
identification.
- Order bill of lading:
A bill where the wording "to order" or "to order of" is added before any
consignee names.
In this case, delivery of cargo is made to the order of any party named in
the consignee box.
It can be transferred to another party by endorsement.
There are different ways to make an order B/L:
To order +......[blank]:
o In the consignee box, the consignee’s name is left blank after the wording
"to order".
o In this case, the cargo is under the order of the shipper, The shipper should
stamp and sign this B/L before it is transferred to the consignee.
To order of + consignee:
o A consignee is named after the wording "to order".
o In this case, the delivery is to be made to the order of the consignee. He/she
has the right to receive cargo or transfer the bill to any third party by
endorsement.
To order of + bank:
o No real consignee, coming after consignee is the wording “order of Bank
A".
o This B/L is commonly used when a bank wants to control the delivery of
cargo in order to secure payment from the consignee. It only endorses the
B/L to the consignee against receipt of payment or promise of payment.
Ways to endorse a bill:
Blank endorsement:
o The endorser only signs on the back of the bill and does not specify who is
the new endorsee.
o Thus an order bill of lading => (becomes) a bearer bill of lading. (nên có
thể tiếp tục được chuyển nhượng mà không cần thông qua thủ tục ký hậu, chỉ
cần trao tay là được.
Named endorsement:
o The endorser signs and states a named party to be a new endorsee.
o Thus an order bill (becomes) => a straight bill of lading and non-
negotiable. For example "Please deliver to Company A"
To order endorsement:
o The endorser states the named party to be a new endorsee after wording
"to order of...". For example "Please deliver to order of Company A".
o Order endorsement does not change the nature of an order B/L
o Endorsementsnt can be made as many times as new endorsers like.
3. Based remarks/notation/clause of ship’s master or carriers on B/L (ghi chú trên
vận đơn)
- Clean Bill of lading:
No adverse/ bad remarks or notations made by the shipping company
about the condition and packaging of the goods being shipped.
Wording such as "said to contain...", "used package" or "quantity and
quality is unknown" does not make a B/L unclean.
Importers and their banks usually insist on a clean B/L for payment because
clean B/L is the prima facie evidence that goods have been shipped on
board in apparent good order and conditions.
- Unclean Bill of lading (Claused bill of lading):
A bill is unclean if it contains clear adverse/bad remarks or notations by
the carrier about the goods received for shipping or their packaging
conditions.
Examples of such adverse remarks include: Ex: cargo looks wet; damaged
or improper packaging; packing may not be sufficient for the sea
journey…
Payment against an unclean bill of lading is usually rejected.
Insurance companies also do not cover for an unclean bill of lading
A shipper should check the mate's receipt to be sure if there are no bad remarks about
goods' conditions being shipped on board. If there are any bad remarks about them, the
shipper should: take actions to rectify the situation for a clean B/L to be issued, for
example,
(1) replacing goods in bad condition with new lot cargo;
(2) taking out of account goods with bad remarks;
(3) offering a letter of indemnity (LOI).
Taking a LOI means that the shipper commits to reimburse the carrier
for any claims made against him due to the fact that a clean B/L is issued despite
improper conditions of the goods or packaging => Consequently, LOI is a fraud and it
is unenforceable because it has been issued in pursuit of an illegal act.
4. Based on the consolidation of cargo (tập kết hàng hóa)