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Which legal provisions does an agency export contract actually fall under? How can enterprises prevent legal risks?_Shanghai Comprehensive Agency Service Import and Export Service

Which legal provisions does an agency export contract actually fall under? How can enterprises prevent legal risks?_Shanghai Comprehensive Agency Service Import and Export Service

I. How to distinguish the basic concepts?

in theSelf - managed exportUnder this mode, the enterprise directly signs a contract with the overseas buyer and independently completescustoms clearance, logistics, foreign exchange collection and other full - process operations. It needs to have the import and export right and a foreign exchange account. WhileAgency export,is to entrust a qualified third - party company (such as a comprehensive foreign trade service provider) to handle the export procedures, which is suitable for small and medium - sized enterprises lacking import and export qualifications.

II. What are the different applicable scenarios?

  • Agency export is more suitable for:
    • New enterprises with an annual export volume of less than 5 million yuan
    • Enterprises with a single product category and low export frequency
    • Start - up companies lacking a professional foreign trade team
  • Self - managed export is more suitable for:
    • Mature enterprises with an annual export volume exceeding 20 million yuan
    • Brand owners who need to maintain long - term overseas customer relationships
    • Enterprises dealing with special - regulated goods (such as medical devices, chemicals)

III. Comparison of operational process differences

  • Agency export process:
    • Sign a tripartite agreement (factory - agent - foreign merchant)
    • The agency company is responsible for making customs declaration documents
    • Foreign exchange is settled through the agency account
  • Self - managed export process:
    • The enterprise makes commercial invoices and packing lists by itself
    • Arrange shipping booking and insurance independently.
    • Operate directly.Export tax refunddeclare

IV. Analysis of the risk - bearing mechanism

in theAgency export,In general, the agency company usually bears the risk of document compliance (such as incorrect HS code declaration), but the actual supplier is still responsible for disputes over product quality. However,Self - managed exportThe enterprise needs to independently bear all - link risks including customer default, transportation loss, exchange rate fluctuations, etc.

V. Calculation of financial cost differences

  • The agency export service fee is usually 1.5% - 3% of the cargo value.
  • Self - operated export needs to bear:
    • Cost of handling import and export rights (about 5,000 - 8,000 yuan)
    • Annual fee of foreign trade ERP system (20,000 - 50,000 yuan)
    • Salary cost of professional customs declarers.

VI. Key differences in the tax refund process

Agency export,Under this mode, the tax refund entity is the agency company, and the actual supplier needs to provide a special VAT invoice. However,Self - managed exportCompanies can apply for tax refunds on their own, but they must meet the "export goods foreign exchange receipt" requirement. The new electronic foreign exchange verification system introduced by the General Administration of Customs in 2024 has made the process more stringent.

VII. How to choose the optimal solution?

  • Situations where agency export is preferred:
    • Temporary orders for testing new markets
    • The export tax rebate rate of the exported product is less than 5%
    • Unable to equip a professional team in the short term
  • Situations where self - operated export is necessary:
    • Involving the management of processing trade manuals
    • Needing to apply for export credit insurance
    • Planning to establish overseas subsidiaries or warehouses

It is recommended that enterprises with an annual export volume of over 8 million yuan start to build a self - operated export system, and at the same time, they can retain the agency channel to deal with urgent orders. According to the newly revised Foreign Trade Law in 2025, the two modes enjoy the same bonus rights in the customs AEO certification scoring standard.

I. Essential Qualification Documents
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