Tiếng Việt- 1 Joint circular No.02/2002/TTLT-BTM-BKHDT-BCN of February 28, 2002 adjusting and guiding the implementation of joint Circular No. 25/2001/Ttlt/Btm-Bkhdt-Bcn of November 9, 2001
- 2 Joint circular no. 25/2001/TTLT/BTM-BKHDT-BCN of November 09, 2001 guiding the implementation of textiles and garments quotas for export to the EU, Canada and Turkey in 2002
- 1 Decree no. 44/2001/ND-CP of August 02, 2001 amending and supplementing a number of articles of the government''s decree no. 57/1998/nd-cp of july 31, 1998 detailing the implementation of the commercial law regarding activities of goods import, export, processing and sale/purchase agency with foreign countries
- 2 Joint circular no. 25/2001/TTLT/BTM-BKHDT-BCN of November 09, 2001 guiding the implementation of textiles and garments quotas for export to the EU, Canada and Turkey in 2002
- 3 Joint circular No.02/2002/TTLT-BTM-BKHDT-BCN of February 28, 2002 adjusting and guiding the implementation of joint Circular No. 25/2001/Ttlt/Btm-Bkhdt-Bcn of November 9, 2001
| THE MINISTRY OF TRADE |
|
| No: 08/2002/TTLT-BTM-BKHDT-BCN | |
In furtherance of the Prime Minister’s direction in Official Dispatch No. 6228/KTTH of December 5, 1997Pursuant to the textile and garment trading agreements with the EU, Canada and Turkey;
Pursuant to the situation of implementation of export quotas of textiles and garments in 2002;
The Ministry of Trade, the Ministry of Planning and Investment and the Ministry of Industry hereby jointly guide the allocation and implementation of export quotas of textiles and garments in 2003 as follows:
1. Export quotas of textiles and garments shall be divided into 02 groups
1.1. Group I: consisting of the following categories (Cat.):
- The EU market: Cats 9, 10, 12, 13, 14, 18, 20, 21, 26, 28, 39, 41, 68, 73, 76, 97 and 118.
- The Turkish market: Cats 4, 5, 7, 8, 9, 10, 12, 13, 14, 15, 18, 20, 21, 26, 28, 29, 31, 39, 68, 73, 76, 78, 83, 97, 118 and 161.
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When export licenses (E/L) for 70% of base quotas of a category have been granted, the granting of automatic export licenses shall be cancelled. The volume of quotas left after the granting of automatic export licenses (E/L) is cancelled shall be allocated to the People’s Committees of Hanoi, Ho Chi Minh City, Hai Phong and Da Nang (or agencies authorized by such People’s Committees) and other enterprises. The allocation of quotas shall be based on the levels of quotas implemented in 2002 and up to the time of announcing the cancellation of the granting of 2003 automatic E/L, with priority given in the following order to units with goods already produced and awaiting the export, units having imported materials and auxiliary materials for production, units having bought materials and auxiliary materials for production, and units having signed export contracts.
1.2. Group II: consisting of the following categories (Cat.):
- The EU market: Cats 4, 5, 6, 7, 8, 15, 29, 31, 35, 78, 83 and 161 (comprising 12 categories).
- The Canadian market: Items/Cats: 1/3a, 2a, 3c, 4a, 4c, 5a, 5b, 8c, 8d, 9a, 10a, 11a, 13 and Item B.
- The Turkish market: Cats 6, 35 and 41.
The export of goods items of group II shall be conducted on the basis of the quota allocation announcement made by the Ministry of Trade or the People’s Committees of Hanoi,
2. Industrial quotas
For the EU market, 30% of quotas of categories 4, 5, 6, 7, 8, 15, 29, 31, 78, 83 and 161 shall be allocated to enterprises which have signed contracts directly with their customers being European industrialists recommended by the European Commission.
The Ministry of Trade, the Ministry of Planning and Investment and the Ministry of Industry shall jointly consider the allocation of industrial quotas to enterprises with contracts signed before April 30, 2003.
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About 30-35% of commercial quotas of textiles and garments for export to the EU, including categories 4, 5, 6, 15 and 31 shall be reserved for bidding among enterprises nationwide (according to Appendix 3 enclosed herewith).
The quota bidding shall comply with separate regulations.
4. Fifteen percent of commercial quotas of group-II textiles and garments for export to the EU, including categories 5, 6, 7, 8 and 29, shall be allocated to enterprises exporting textiles and garments made of home-made fabrics (particularly for wool pullovers – Cat 5, for enterprises using home-made fibers and enterprises specialized in weaving and knitting wool pullovers).
5. The Ministry of Trade, the Ministry of Planning and Investment and the Ministry of Industry shall decentralize the quota allocation for the People’s Committees of Hanoi, Ho Chi Minh City, Hai Phong and Da Nang to directly allocate such quotas to enterprises under their respective management according to the provisions of this Joint Circular and the record on responsibility decentralization between the Ministry of Trade, the Ministry of Planning and Investment, the Ministry of Industry and the People’s Committees.
II. PROVISIONS ON THE ALLOCATION OF QUOTAS OF GROUP II CATEGORIES
1. Basis for quota allocation
1.1. For the EU market
- Commercial quotas shall be allocated to the cities of
- Industrial quotas shall be allocated according to Appendix 1 enclosed herewith. Dossiers of application for quota allocation comprise: Contracts signed with customers being European industrialists (the contracts must clearly state the volume of industrial quotas used for each category and goods delivery time), the report on production capacity and the situation of implementation of industrial quotas in 2001 and 2002.
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- Quotas reserved for goods orders on exporting textiles and garments made of home-made fabrics to the EU shall be allocated according to Appendix 2 enclosed herewith. Dossiers of application for quota allocation comprise: export contracts, contracts on the purchase of home-made fabrics, and receipts on the purchase of home-made fabrics.
1.2. For the Canadian and Turkish markets
Quotas shall be allocated on the basis of the percentage of quotas implemented by enterprises in 2001 and the first eight months of 2002.
1.3. Entrusted-export quotas shall be included in the volume of quotas implemented by entrusting enterprises.
2. The quota allocation time
2.1. Commercial quotas for export to the EU and quotas for export to
2.2. For industrial quotas and export quotas of garments made of home-made fabrics:
- From November 2002 to May 15, 2003, once every month, the Ministry of Trade, the Ministry of Planning and Investment and the Ministry of Industry shall jointly consider and announce the list of enterprises nationwide to be allocated industrial quotas.
- From September 2002 to May 30, 2003, once every month, the Ministry of Trade, the Ministry of Planning and Investment, the Ministry of Industry or the People’s Committees of Hanoi, Ho Chi Minh City, Hai Phong and Da Nang (for enterprises under the management of the People’s Committees of these cities) shall consider and announce the list of those to be allocated with quotas of textiles and garments made of home-made fabrics for export to the EU market and quotas allowed to be completely allocated according to Appendix 2.
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Enterprises under the management of the People’s Committee of Hanoi, Ho Chi Minh City, Hai Phong or Da Nang, which need to use quotas of textiles and garments for export to the EU, Canadian and Turkish markets, which belong to group II categories, shall send written registrations (according to set forms) to the People’s Committee (the Trade Service) of Hanoi, Ho Chi Minh City, Hai Phong or Da Nang; other enterprises shall send their registrations to the Ministry of Trade (the Import and Export Department, 21 Ngo Quyen Street- Hanoi).
The registration deadline:
- For commercial quotas: before September 15, 2002.
- For export quotas of products made of home-made fabrics: before May 30, 2003.
- For industrial quotas: before May 15, 2003.
IV. IMPLEMENTATION REGULATIONS
1. Quotas shall be valid from January 1, 2003 to December 31, 2003.
2. Return of quotas
Enterprises which are unable to implement their allocated quotas shall have to return them to the Ministry of Trade or the People’s Committees of the cities for allocation to other enterprises.
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3. Quota charges
The quota charges for each category shall be separately prescribed.
Enterprises shall pay quota charges for each notice on the assignment of the quota use right or each export goods lot. When carrying out procedures for the granting of export licenses, enterprises shall have to produce to the regional export-import management bureaus the vouchers on their payment of quota charges into the Trade Ministry’s account No. 945-01-475 at the State Treasury of Hanoi.
4. Entrustment and entrustment-taking
Enterprises with allocated quotas may entrust other enterprises to conduct the export on the principle that the goods must be produced at quota-owning enterprises. The entrustment and entrustment-taking shall comply with current regulations (the Government’s Decrees No. 57/1998/ND-CP of July 31, 1998 and No. 44/2001/ND-CP of August 2, 2001).
The Ministry of Trade, the Ministry of Planning and Investment, and the Ministry of Industry shall guide the implementation of the provisions of the signed agreements and the promulgated
Enterprises shall have to strictly comply with the provisions of this Joint Circular and the agreements on the trading of textiles and garments signed with the EU,
The inter-ministerial executive team of the Ministry of Trade, the Ministry of Planning and Investment and the Ministry of Industry shall have to inspect, monitor, and periodically report the situation on "Thuong Mai" (Trade), "Dau Tu" (Investment), "Cong Nghiep" (Industry) newspapers and the Trade Ministry’s website (www.mot.gov.vn) so that the enterprises can acquire necessary information in time.
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FOR THE MINISTER OF TRADE
VICE MINISTER
Mai Van Dau
FOR THE MINISTER OF PLANNING AND INVESTMENT
VICE MINISTER
Lai Quang Thuc
FOR THE MINISTER OF INDUSTRY
VICE MINISTER
Bui Xuan Khu
(Issued together with Joint Circular No. 08/2002/TTLT-BTM-BKHDT-BCN of August 12, 2002)
MAXIMUM VOLUMES OF INDUSTRIAL QUOTAS TO BE ALLOCATED TO EACH
Ordinal number
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Unit
Enterprises with more than 2,000 equipment
Enterprises with between 1,000 and 2,000 equipment
Enterprises with less than 1,000 equipment
(1)
(2)
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...
...
(2)
(1)
(2)
1
4
piece
200,000
150,000
150,000
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...
70,000
50,000
2
5
piece
50,000
40,000
40,000
30,000
...
...
...
15,000
3
6
piece
50,000
20,000
40,000
15,000
20,000
...
...
...
4
7
piece
30,000
20,000
25,000
15,000
15,000
10,000
...
...
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8
piece
300,000
150,000
200,000
100,000
100,000
50,000
6
...
...
...
piece
15,000
10,000
8,000
5,000
5,000
3,000
7
29
...
...
...
20,000
10,000
15,000
7,000
5,000
3,000
8
31
piece
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...
200,000
800,000
200,000
400,000
100,000
9
78
ton
20
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15
7
7
3
10
83
ton
20
10
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8
10
3
11
161
ton
15
10
10
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8
3
Notes:
(1) Enterprises which have implemented industrial quotas of corresponding categories in 2001 and 2002.
(2) Enterprises which have not implemented industrial quotas of corresponding categories in 2001 and 2002.
APPENDIX 2
(Issued together with Joint Circular No. 08/2002/TTLT-BTM-BKHDT-BCN OF August 12, 2002)
Ordinal number
Cat.
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Total quotas
The maximum volume of quotas to be allocated to each enterprise
(1)
(2)
1
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piece
370,000
10,000
6,000
2
6
piece
570,000
15,000
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3
7
piece
315,000
10,000
7,000
4
8
piece
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...
50,000
30,000
5
29
set
40,000
10,000
8,000
Notes:
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(2) Enterprises which have not implemented quotas of corresponding categories in 2001 and 2002.
* Quotas of Cat. 6 shall be allocated only to trousers-exporting enterprises.
APPENDIX 3
(Issued together with Joint Circular No. 08/2002/TTLT-BTM-BKHDT-BCN of August 12, 2002)
LIST OF QUOTAS OF TEXTILES AND GARMENTS FOR EXPORT TO THE EU
RESERVED FOR BIDDING IN 2003
Goods items
Cat.
Calculation unit
Total volume of quotas to be bid in 2003
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% of commercial quotas
Volumes
1. T-shirts
4
piece
35%
2,600,000
2. Wool pullovers
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piece
30%
750,000
3. Trousers
6
piece
30%
1,100,000
4. Women coats
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piece
30%
100,000
5. Small undervests
31
piece
35%
1,000,000
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FOR THE MINISTER OF PLANNING AND INVESTMENT
VICE MINISTER
Lai Quang Thuc
FOR THE MINISTER OF INDUSTRY
VICE MINISTER
Bui Xuan Khu