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INTER-MINISTRY
OF TRADE AND INDUSTRY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
06/2005/TTLT-BTM-BCN
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Hanoi,
April 1st , 2005
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INTERMINISTERIAL CIRCULAR
GUIDELINES ON TRANSFER OF QUOTAS FOR TEXTILE AND GARMENT
EXPORTS TO THE US MARKET IN YEAR 2005
Pursuant to the Decree No.
29/2004/ND-CP dated January 16th. 2004 by the Government detailing
functions, duties, responsibilities, and organization of the Ministry of Trade;
Pursuant to the Decree No. 55/2003/ND-CP dated May 28th, 2003 by the
Government detailing functions, duties, responsibilities, and organization of
the Ministry of Industry;
Pursuant to the Document No. 708/VPCP-KTTH dated February 7th, 2005
by the Government Office on the Prime Minister’s approval of the Ministry of
Trade’s proposal as specified in the Circular No. 0134/TM-DM for transfer of
quotas for textile and garment exports to the US market in year 2005;
Pursuant to the Document No. 1536/VPCP-KTTH dated March 28th, 2005
by the Government Office on the Prime Minister’s guidelines on establishment of
regulations for transfer of quotas for textile and garment exports to the US
market among enterprises;
Pursuant to the Interministerial Circular No. 4/2004/TTLT/BTM/BCN dated July 28th,
2004 by the Inter-Ministry of Trade and Industry providing guidance on
allocation and realization of quotas for textile and garment exports to the US
market;
Based on the Vietnam Textile and Garment Association’s proposal,
The Inter-Ministry of Trade and Industry hereby provides guidelines on transfer
of quotas for textile and garment exports to the US market in year 2005 as
follows:
I. GENERAL
PRINCIPLES
1. Scope and
object of quota transfer
The quotas for transfer
are those for textile and garment exports to the US market in year 2005 which
the Inter-Ministry of Trade and Industry allocates or pre-allocates to
enterprises based on their export achievements.
Chain quotas which are allocated
based on export achievements of enterprises which join a valid chain can be
transferred between members of that chain.
Quota transfer of other quotas
which are not achievement quotas and chain quotas is not allowed.
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Transferee is an enterprise
which has capacity of manufacturing textile and garment products and has the
need for export of textile and garment categories for which quotas can be
transferred.
Transfer Contract is a deal in
writing on transfer, exchange, credit, and move of quotas between transferer
and transferee, between subsidiary companies of a corporation, between holding
company and subsidiary companies, and between members of a chain in accordance
with Form 01 of this Circular.
2.
Principles for quotas and enterprises involving with quota transfer
2.1. Principles on quota
transfer
2.1.1. Volume of quotas for
transfer of one enterprise cannot exceed volume of its allocated quotas which
are allowed to be transferred and unused.
2.1.2. Quota transfer must be
implemented voluntarily, directly, and in public between transferers and
transferees through Transfer Contracts.
All broker actions are
prohibited.
2.13. Transferred quotas cannot
be used for further transfer.
2.1.4. Transferred quotas cannot
be used for exchange.
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Quota transferer which has quota
allocation announcement with its name and is able to transfer quotas can
transfer a part of the whole of its allocated quotas to one or more
enterprises.
2.3. Principles for quota
transferee
If quota transferee does not
used up its transferred quotas, it shall inform the Inter-Ministry of Trade and
Industry for its settlement.
3.
Exports of textile and garment products with transferred quotas shall be added
to quota transferee’s export achievements.
4. All
incomes from quota transfer must be declared fully and added to enterprises’
revenues. All negative doings in quota transfer are prohibited.
5.
Enterprises which wish for quota transfer are recommended to enter the website
of the Vietnam Textile and Garment Association at www.textilevietnam.org.vn to
post the information about their need.
II. PROCESS
OF QUOTA TRANSFER
6. The
transferer and transferee make Quota Transfer Contract in writing. The Transfer
Contract is considered valid if its subjects and objects meet conditions as
specified in Provision I of this Circular.
The transferer brings dossier to
the Export – Import Division for certification. The dossier includes:
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- Minutes of the
Interministerial Inspectorate (in accordance with Form 02 of this Circular)
verifying capacity of the transferee (if the transferee is a new textile and
garment enterprise or has not had achievement in exporting categories with the
quotas to be transferred).
- Announcements on quota
allocation to the transferer (original and 02 copies)
7. The
Export – Import Division in charge of the transferer:
- Verifies validity of all the
aforesaid documents
- Verifies volume of quotas to
be transferred based on Quota Transfer Contract and quota allocation
announcements provided (both original and copies) provided by transferer and
Export – Import Division with clear name and address of transferer.
8. After
certification by the Export – Import Division, the dossier is:
- Sent to the transferee
- Sent to the Export – Import
Division where the quota transferee goes through procedures for textile and
garment exports (if it is different from the Export – Import Division in charge
of the transferer).
- Kept as archival at the Export
– Import Division in charge of the certification.
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In the dossier applying for
visa, besides documents in accordance with regulations of current practice, the
certified dossier for transfer is required.
The Export – Import Division in
charge of the transferee grants visa to the transferee in volume and category
in the Transfer Contract and the copy of the announcement on quota allocation
as certified by the Export – Import Division in charge of the transferer.
10.
Export – Import Divisions follow up quota transfers by enterprises, keep
transfer dossiers as archival and report to the Textile and Garment Quota
Regulating Division in accordance with Form 03 attached to this Circular.
11.
Information for quota transfer (names, number of enterprises, categories and volume
of quotas to be transferred, prices) is updated weekly on the website of the
Ministry of Trade and sent to the Vietnam Textile and Garment Association for
update in its website.
III.
IMPLEMENTATION, SUPERVISION, AND SANCTION ON VIOLATIONS
12. The
Vietnam Textile and Garment Association shall improve its key role in
enhancement of transparency of quota transfer, deliver assistance to
enterprises performing this activity, facilitate full use of quotas for textile
and garment exports of Vietnam, ensure reasonable transfer prices in the spirit
of mutual help.
13.
Corporations, holding companies, and chain heads shall actively regulate quota
transfer and give priority to transfer of quotas between their subsidiary
companies and members so as to minimize costs.
14. New
enterprises or enterprises having not had achievement in exporting categories
with quotas under allocation which wish to be transferee of quotas for the
respective categories and have request shall have their production capacity
investigated by Interministerial Delegations of Textile and Garment Inspectors
presided over by local Department of Trade/Trade and Tourism in conjunction
with Departments of Industry and Departments of Planning and Investment in
accordance with guidelines by the Inter-Ministry of Trade and Industry.
15. The
Interministerial Textile and Apparel Administration Division shall coordinate
with the Textile and Apparel Quota Regulation Division and the Vietnam Textile
and Garment Association to carry out regular or random investigations on
transfer of quota.
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- Enterprises with such
violations, their owners, leaders, and staff shall suffer from revocation of all
their allocated quotas, suspension of quota allocation and/or sanctions by
competent bodies in accordance with the law.
- Cadres with wrongdoings in
verifying production capacity of enterprises, volume for transfer and visa
grant related to quota transfer shall suffer from disciplines in accordance
with the law of current practice.
This Interministerial Circular
shall come into effect in 15 days from it is publicized on the Gazette.
To:
- Prime Minister and Deputy Prime
Ministers
- National Assembly Office
- Presidential Office
- Government Office
- Party Central Office and Sub-ordinate Units
- Ministries and Ministerial-level Bodies
- People’s Committees of provinces and cities under direct management of
central government
- Supreme People’s Inspectorate
- Supreme People’s Court
- Central Bodies of Associations
- Managing Boards of Industrial and Processing Parks of provinces and cities
- Gazette
- Vietnam Textile and Garment Association
- Provincial Departments of Trade and Industry
- Vietnam Chamber of Commerce and Industry
- Enterprises (for implementation)
- Export – Import Divisions (for implementation)
- Archival
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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(place) … (day) … (month) … (year)
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CONTRACT
Transfer of achievement
quotas/chain quotas for textile and garment exports to the US market in year
2005 between enterprises, between subsidiary companies of corporations, between
holding and subsidiary companies, members of chain
No: …
Pursuant to the Interministerial
Circular No. … /TTLT-BTM-BCN dated … (day) … (month) … 2005 by the
Inter-Ministry of Trade and Industry providing guidelines on transfer of quotas
for textile and garment exports to the US market in year 2005.
Party A: Transferer: (name of
enterprise) …
Address:
Telephone Number: (of person in
charge of export –
import) Fax
Number: Email:
Representative:
Position:
Proceeding for export of textile
and garment products at Export – Import Division of …
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Party b: (name of enterprise) …
Address:
Telephone Number: (of person in
charge of export – import)
Fax Number: Email:
Representative:
Position:
Proceeding for export of textile
and garment products at Export – Import Division of …
The two parties are member of
chain: … (if transfer of chain quotas)
The two parties are subsidiary
companies of Corporation, Holding company – subsidiary companies … (if transfer
of quotas between subsidiary companies of Corporation or Holding
company/subsidiary companies)
On upon voluntary agreement, the
two sides sign this contract for transfer of achievement/chain quotas for
textile and garment exports to the US market in year 2005 with the
following terms:
Article 1: Volume – Category:
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Item
Date
and Number of quota allocation announcement
Product
Cat.
Unit
Volume
of quotas in announcement
Volume
of quotas used by Party A
Volume
of quotas transferred
Volume
of quotas remaining
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Volume of quotas transferred: …
(in words)
Transfer price (VND … per
dozen/kg) * Volume of quotas transferred = VND … (in number and in words)
This amount of money shall be moved
to Party A’s banking account: … at … Bank within … days from … (date) or have
been paid …/ … deposited … remaining
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Item
Date
and Number of quota allocation announcement
Product
Cat.
Unit
Volume
of quotas in announcement
Volume
of quotas used by Party B
Volume
of quotas transferred
Volume
of quotas remaining
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Volume of quotas transferred: …
(in words)
Transfer price (VND … per
dozen/kg) * Volume of quotas transferred = VND … (in number and in words)
This amount of money shall be
moved to Party B’s banking account: … at … Bank within … days from … (date) or
have been paid …/ … deposited … remaining
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The transferer has to provide
the transferee with copy(ies) of the quota allocation announcement(s)
(for enterprise) with certification (signature and seal) by the Export – Import
Division for its application for visa.
The transferer or the
transferee, depending on their negotiation, has to pay quota fee at banking
account of the Ministry of Trade in accordance with regulations of current
practice.
Article 3: General principle:
The two sides commit to properly
implement principles as specified in this contract as well as relevant
regulations by the Inter-Ministry of Trade and Industry for transfer and
management of quotas.
This contract has 04 copies with
the same legal value (each side keeps 01 copy, the Export – Import Divisions
keeps 02 copies)
Representative
of Party A
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Representative
of Party A
(signature,
position, seal)
The Export – Import Division (in
charge of the transferer …) of … certifies:
Volume of quotas transferred: …
(dozens/kgs) of cat. … in accordance with this contract has been certified in
the original of the Announcement No. … dated … on quota allocation of the
transferer. It hereby requests the Export – Import Division (in charge of the
transferee) of … to grant visa to … (name of the transferee).
…
(day) … (month) … 2005
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(signed
and sealed)
FORM 02
MINUTES ON INVESTIGATIONS ON ENTERPRISE’S
EQUIPMENTS FOR PROCESSING TEXTILE AND GARMENT PRODUCTS FOR EXPORT
Name of Enterprise:
…………………………………………
… (place), … (day) … (month) … (year)
Address of factory:
……………………………………………
Number of equipments declared: …………
Item
Equipment
Investigated
number
Invoice
of purchase
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Origin
/
Manufacturer
Condition
Working
Assembled, not working yet
In stock, being repaired, etc
1
Straight sewing machine
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2
Dedicated equipments
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2.1
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2.2
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2.3
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2.4
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2.5
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Cutting machine
4
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5
Others
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- Number of equipments excluding
Item 5: …
(units)
- Number of equipments including Item 5: … (units)
- Number of production lines:
…
- Productivity of each production line: … - Total productivity
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- General assessment on
condition of
equipments:.................................................................................................................
..........................................................................................................................................................................................
and those equipments are
qualified for manufacture of the following categories:
........................................................................
Representative of Entity
Minutes
Maker
Head Inspector
FORM 03
MINISTRY
OF TRADE
EXPORT
– IMPORT DIVISION OF
THE
SOCIALIST REPUBLIC OF VIETNAM
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…
(place), … (day) … (month) … (year)
REPORT
On: Certification for transfer of quotas
To: Textile and Apparel Quota
Regulation Division, Ministry of Trade
The Export – Import
Division of … reports on certification of transfer of achievement quotas 2005
between enterprises exporting textile and garment products to the US market
from … (date) to … (date) as follows:
Transferer
Address
Transferee
Address
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Category
Volume
Number
and date of transfer contract
Number
of relevant announcement
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Head
of Export – Import Division
(signed
and sealed)
MINISTRY
OF TRADE
EXPORT
– IMPORT DIVISION OF
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence
– Freedom - Happiness
…
(place), … (day) … (month) … (year)
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REPORT
On: Grant of visa to textile and garment lots
with transferred quotas
To:
Textile and Apparel Quota Regulation Division – Ministry of Trade
The Export – Import Division of
… reports on grant of visa to textile and garment lots with transferred quotas
to be exported to the US market in year 2005 from … (date) to … (date) as
follows:
Cat.
Enterprise applying for visa
Address
Volume
Number and date of transfer
contract
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Head
of Export – Import Division
(signed
and sealed)