Home Mr Old Man STAMP IN A LANGUAGE OTHER THAN THAT REQUIRED IN THE CREDIT

STAMP IN A LANGUAGE OTHER THAN THAT REQUIRED IN THE CREDIT

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QUESTION

Dear Mr. Old Man,

LC required:

C/O Form E issued by Chamber of Commerce and Industry of Vietnam.
• All documents are to be in English
C/O Form E presented was stamped with the chop bearing the name of the issuer in Vietnamese.

Is it a discrepancy?

Thank you.
D
————-
ANSWER

Hi,

Please refer to ISBP 745 paragraph A21 (e), which says: “… the name of the person or entity, ANY STAMPS, legalization, endorsements or similar, and the pre-printed text shown on a document, such as, but not limited to, field headings, may be in a language other than that required in the credit”.

In reply to a question regarding whether the bill of lading being signed and stamped with the stamp in Russian was discrepant, ICC opined that “Given that a Russian shipping line issued the bill of lading, it would not be unreasonable to expect that the evidence of the name of the company, by stamp, would be in Russian. Provided the document otherwise complied with the terms of the credit and Article 23 in the completion of the bill of lading, there would be no discrepancy (Opinion R564/TA522).

In line with the above, C/O Form E stamped with the chop bearing the name of the issuer in Vietnamese is acceptable.

Best regards,
Mr. Old Man

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11 Comments

  1. Naima

    December 20, 2016 at 12:54 pm

    Please i want your confirmation about the Language of the documents under an L/C
    As per the ISPB 2013 , the Informations only in the documents to be in the L/C language
    As i have some documents that include another language ( Arabic and its translation in English in the certificate Of Origin, The Name of the Company also in Arabic and its translation in English).
    So when the L/C is telling that documents must be entirely in English Language , only the Data thereon ,only relates to the information inserted into the document which proves the fulfillment of the terms and conditions of the L/C and the relevant articles of the UCP600.

    Reply

    • mroldman

      December 20, 2016 at 2:51 pm

      Hi
      I think ISBP 745 paragraph A21 is very clear about this issue. It is true that the requirement that documents must be issued in a certain language is in relation to the data only, i.e., only the data required by the L/C are to be in the required language.
      The name of a person or entity, any stamps, legalization, endorsements or similar, and the PRE-PRINTED TEXT shown on a document, such as, but not limited to, field headings, may be in a language other than that required in the L/C.
      Even when the L/C requires documents must be ENTIRELY in English, banks would check the data in the required language.
      Please refer to ISBP 745 paragraph A21
      Quote
      A21) a. When a credit stipulates the language of the documents to be presented, the data required by the credit or UCP 600 are to be in that language.
      b. When a credit is silent with respect to the language of the documents to be presented, the documents may be issued in any language.
      c. i. When a credit allows two or more acceptable languages, a confirming bank or a nominated bank acting on its nomination may restrict the number of acceptable languages as a condition of its engagement in the credit, and in such a case the data contained in the documents are only to be in the acceptable language or languages.
      ii. When a credit allows a document to contain data in two or more acceptable languages and a confirming bank or a nominated bank acting on its nomination does not restrict the language or the number of acceptable languages as a condition of its engagement in the credit, it is required to examine the data in all of the acceptable languages appearing in the documents.
      d. Banks do not examine data that have been inserted in a language that is additional to that required or allowed in the credit.
      e. Notwithstanding paragraphs A21) (a) and (d), the name of a person or entity, any stamps, legalization, endorsements or similar, and the pre-printed text shown on a document, such as, but not limited to, field headings, may be in a language other than that required in the credit.
      Unquote

      Kind regards,
      Mr. Old Man

      Reply

  2. Naima

    December 20, 2016 at 4:27 pm

    Thanks

    Reply

    • mroldman

      December 20, 2016 at 5:17 pm

      You must also agree with me that even when the L/C requires documents (including data, pre-printed text like field headings) to be entirely in English, it is impossible for the beneficiary in some countries to present documents, e.g., c/o, that sastisfy the L/C requirement. Chamber of Commerce and Industry issue c/o on its own stationary form whose pre-printed text may be in a language other than that required by the L/C.

      Reply

  3. Danushka

    December 21, 2016 at 12:06 am

    Dear Mr.Old Man,

    Need to get a clarification about Maturity date under para B5. If draft drawn on 60 days sight maturity date established as follows,

    Assumption : Presentation date is 01 August 2016

    a. If complying presentation, then it is 60 days after the day of presentation to the drawee bank. i.e. 30th September

    b.
    (i)If non-complying, then if drawee bank has not provided notice of refusal, then maturity date is 30th September

    (ii) If drawee bank is issuing bank and provided notice of refusal, then 60days after issuing bank accepts the waiver of applicant. So if applicant gives the waiver on 03rd August then maturity date will be 2nd November.

    (iii) If drawee bank is other than issuing bank and provided the notice of refusal, then at the latest 60 days after the date the acceptance advice of the issuing bank. then, If drawee bank refusal accepted by the issuing bank on 03rd August, then maturity date will be 2nd November.

    Please correct me as i’m really confused with the wordings.

    BR

    Danushka

    Reply

    • mroldman

      December 21, 2016 at 8:35 am

      Totally agreed with your understanding.
      Just add to make it clear: If drawee bank is issuing bank and provided notice of refusal, then 60days after issuing bank accepts the waiver of applicant. So if applicant gives the waiver on 03rd August (AND THE ISSUING BANK ACCEPTS THE WAIVER OF THE APPLICANT SAME DAY) then maturity date will be 2nd November.
      Please note that the maturity date will be calculated from the date the issuing bank accepts the waiver of the applicant, which may be same day or one or two days after receipt of the applicant’s waiver. If so, the maturity date may be 2nd , 3rd or 4th November.

      Reply

      • Danushka

        December 21, 2016 at 7:49 pm

        Clearly understood. Thx

        Reply

  4. Tan

    July 20, 2017 at 10:27 am

    Hi

    Hope you are fine after the bike accident. I have one issue relating to the language stated in LC

    Our customer is the beneficiary of the LC. LC is written in english, except some words in terms of field 47b ‘ORDRE EN COURS ORDERS ARE ACCEPTED ONLY WHEN IT CONCERNS AIRSHIPMENT’

    ISBP 745 seems to be silient about the language in the LC, therefore pls advise us to disregard whether we should disregard this? Because the docs is checked clean at our side, however issuing bank has just sent rebuttal message ‘1. SHIPMENT EFFECTED BY SEA I/O AIR AS REQUIRED
    IN AMENDMENT NO 2 CLAUSE I.E, ‘ORDRE EN COURS
    ORDERS ARE ACCEPTED ONLY WHEN IT CONCERNS
    AIRSHIPMENT’. ‘

    Thanks so much for your prompt advice

    Tan

    Reply

    • mroldman

      July 20, 2017 at 10:03 pm

      No, you should not disregard it.
      The information provided is not clear enough for me to determine if the discrepancy is valid. However, I guess it is not valid.

      Reply

      • Tan

        July 23, 2017 at 1:36 pm

        Hi mr old man
        After google translating it, it means ‘the order accepted when shipped by air’. But in fact it is shipped by sea, so the issuing bank quoted this discrepancy. My inquiry is whether 02 language can be used in one LC.
        Thanks
        Tan

        Reply

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