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THE MINISTRY OF TRADE
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THE MINISTRY OF INDUSTRY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
03/2007/TTLT-BTM-BCN
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Hanoi, February 28, 2007
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JOINT CIRCULAR
GUIDING THE MONITORING OF GARMENT AND TEXTILE EXPORT TO THE US MARKET
Pursuant to the
Government's Decree No. 12/2006/ND-CP of January 23, 2006, detailing the
implementation of the Commercial Law regarding international goods sale and
purchase and activities of goods sale and purchase agency, processing and
transit with foreign countries;
Pursuant to current regulations on management of goods import and export;
In furtherance of the Prime Minister's instructions in Document No.
14/VPCP-QHQT of February 14, 2007, on the program on the monitoring of garment
and textile export to the US market;
At the proposal of the Vietnam Textile and Apparel Association (hereinafter
called the Association for short);
The Ministry of Trade and the Ministry of Industry (hereinafter called the two
ministries for short) provide guidance on the monitoring of export of some
categories of textiles and garments into the US market as follows:
I. GENERAL PROVISIONS
1. Purposes of
implementation:
- To well manage the
process of export growth, establish export markets with sustainable development,
ensure long-term benefits for textile and garment exporters, and prevent
illegal transshipment and trade frauds.
- To increase the added
value of exports, reduce shipments of goods of simple designs, cheap raw
materials, unpopular brand names and low export unit prices.
- To raise the
confidence of big importers and importers with well-known brand names and
encourage customers with large orders.
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2. Categories requiring
licenses and licensing agencies:
The Trade Ministry
(through its authorized regional import and export management bureaus) shall
grant E/L for some categories of textiles and garments exported to the US in accordance with Notice No. 0616/BTM-DM of December 29, 2006.
The two ministries may
adjust these categories and switch to conduct monitoring by HS codes and
categories when conditions permits.
3. Subjects to be
granted E/L:
To be granted E/L,
traders must satisfy the following conditions:
3.1. Having the business
registration certificate or investment license under the Law on Foreign
Investment in Vietnam, having registered import/export business codes.
3.2. Traders capable of
producing textiles and garments but having no manufacturer identification (MID)
codes shall register with regional import and export management bureaus in
order to be granted those codes.
When registering for a
MID code, a trader shall produce the minutes on the inspection of its
production capacity, made by an inter-branch inspection team (headed by the
provincial/municipal Trade Service or Trade and Tourism Service) of the
locality where its production establishment is located. The regional import and
export management bureau shall send a copy of this minutes to the Trade
Ministry.
3.3. A commercial trader
incapable of producing textiles and garments must have a contract with a
production establishment and declare the name and MID code of the producer of
their exported goods when making export registration.
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II. REGULATIONS ON
REGISTRATION AND GRANT OF EXPORT LICENSES
1. Procedures of
registration for the grant of E/L
Quarterly, traders shall
send their export plan registrations by e-mail to the two ministries for the
latter to synthesize categories, volume and unit prices. Registrations sent by
other means shall be considered only after valid e-mailed registrations are
processed. For traders having goods lots of simple designs, unpopular brand
names and selling prices lower than the price recorded by the two ministries in
each period, the two ministries shall guide them to hold negotiations to decide
on the export of these goods.
A trader who exports
less than 90% of the registered volume in a month is requested to e mail a
report to the two ministries for consideration and grant of an E/L in the
following month.
The Trade Ministry shall
notify traders' export plans to regional import and export management bureaus,
which shall grant E/L on the basis of traders' registrations before or after
goods delivery as requested by traders.
A trader that fails to
register its export plan and/or E/L with the Trade Ministry shall take full
responsibility for related procedures/arising damage if its shipments cannot be
cleared at a US port.
2. Dossiers of
application for E/L
An E/L shall be granted
with one (01) original and three (03) copies (the original and 02 copies are
sent to traders, the other copy is kept at the regional import and export
management bureau; the form of E/L is included in Appendix 1 to this Circular
(not printed herein). A dossier of application for an E/L consists of:
2.1. An application for
E/L, made according to Appendix 2 to this Circular (not printed herein);
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2.3. The production
contract signed with a domestic production establishment (for commercial
traders or goods lots processed in other establishments);
2.4. The customs
declarations of exported goods already liquidated (copies stamped with a
"true copy" seal and signed by the head of the trader) (if any);
2.5. Commercial
invoices;
2.6. Bills of lading
(copies stamped with a "true copy" seal and signed by the head of the
trader) (if any).
When necessary, regional
import and export management bureaus may require traders to supply more
documents in order to determine the origin of goods.
For goods lots which are
produced/processed in Vietnam from a number of imported semi-products, before
exporting them to the US, traders shall register in advance with the Trade
Ministry and will be granted E/L only if these goods lots satisfy criteria on
Vietnamese origin and meet US rules of origin. In case of necessity, the
inter-branch inspection team and the C/O granting agency may jointly check
these goods lots in order to prevent trade frauds.
3. Entrustment of export
and undertaking of entrusted export, entrustment of processing and undertaking
of entrusted processing
The entrustment of
export and undertaking of entrusted export and the entrustment of processing
and undertaking of entrusted processing of textiles and garments shall comply
with Decree No. 12/2006/ND-CP of January 23, 2006.
4. Implementation time
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III. ORGANIZATION OF
IMPLEMENTATION, INSPECTION, SUPERVISION AND HANDLING OF VIOLATIONS
1. Organization of
implementation, inspection, supervision
Traders should
immediately send to the Trade Ministry their registrations, made according to a
set form, for the second quarter of 2007. Reports shall be sent by email to the
Trade Ministry at the address [email protected]. Traders who have not yet sent
their export plans for March 2007 should send these plans as soon as possible.
Traders should correctly
declare the categories, volume and the value of actually exported goods in the
E/L and the customs declarations of exported goods. They shall provide the MID
codes of the goods producers in all export documents and customs declarations
of export goods as guided in Notice No. 1059/TM-DM of November 25, 2005.
In order to well
implement this Circular, the two ministries shall appoint inspection teams to
further examine import, production and export activities of some traders.
Particularly, traders having lots of low-price goods shall make detailed
reports on the production and the components of the value of products.
2. Handling of
violations
Traders who violate the
provisions of law and current regulations on the export of textiles and
garments to the US (i.e., the origin of goods, dossiers, production capacity,
actually exported goods categories, etc.) shall, depending on the seriousness
of their violations, be subjected to sanctioning measures as withdrawal of
their E/L or C/O, suspension of the grant of licenses for managed categories,
ban from export of textiles and garments of all categories to the US market,
ban from export of textiles and garments of all categories to other countries,
or fines in accordance with state regulations or other provisions of law.
Violations and handing
measures other than those mentioned above shall be considered and applied by
the two ministries on a case-by-case basis.
The two ministries shall
base themselves on the practical situation of production, import and export as
well as the international market in each period to provide specific guidance
and notifications to ensure proper and effective management of textile and
garment export.
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