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INTER-MINISTRY
OF TRADE AND INDUSTRY
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THE
SOCIALIST REPUBLIC
OF VIETNAM
Independence
- Freedom – Happiness
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No.
04/2004/TTLT-BTM-BCN
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Hanoi, July
28th, 2004
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INTERMINISTERIAL CIRCULAR
GUIDELINES ON ALLOCATION AND REALIZATION OF QUOTAS FOR
TEXTILE AND GARMENT EXPORTS TO THE US
MARKET IN YEAR 2005
Based on the Vietnam - US
Garment and Apparel Agreement dated July 17th, 2003 and the Memorandum dated
July 22nd, 2004;
Based on the Decision No 46/2001/QD-TTg dated April 4th, 2004 by the Prime
Minister on management of exports and imports in the phase 2001 - 2005;
Based on situation of textile and garment exports to the US market in year
2004and forecast for the exports in year 2005;
Upon studying of proposals of the Vietnam Textile and Garment Association,
The Inter-Ministry of Trade and Industry hereby provides guidelines on
allocation and realization of quotas for textile and garment exports to the US
market in year 2005 as follows:
I - GENERAL
PRINCIPLES:
1. Scope of quota imposition:
Quotas for textile and
garment products to be exported to the US
market are imposed on 38 categories including 13 couple categories and 12
single categories as specified in Appendix 1 attached.
2. Subjects to quota allocation
and realization
Enterprises which meet the
following conditions are qualified for quota allocation and realization:
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- Capable of manufacturing
textile and garment products;
- Having no record of violating
the Agreement’s regulations of current practice and in year 2004;
Enterprises have the right to
obtain quotas to individually export their products or obtain quotas in
II -
PRINCIPLES ON QUOTA ALLOCATION
1. Quota allocation
Quotas for textile and garment
export to the US
market are allocated publicly without any discrimination, as follows:
- 80% of quotas (including
growth rate of 2% and 7% depending on each textile and garment category) are
allocated to enterprises with export achievements from January 1st, 2004 to
December 31st 2004.
- 20% of quotas are
supplementary quotas, in which:
+ 3% are allocated to
enterprises exporting textile and garment products manufactured of domestic
cloth/materials.
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+ 1% Ho
Chi Minh City international port.
+ 4% are allocated to
enterprises which are voluntary to join chains and enterprises realizing 2004
quotas with records of new investment dyeing and weaving projects.
+ 7% are allocated to
enterprises with contracts with US large importers which have import turnover
from Vietnam of US$20 million and over in year 2003 or 2004 and enterprises
having clients with well-known brand names.
+ 2% are spare quotas.
2. Basis for quota allocation
2.1. Award quotas: Categories
are divided into 2 groups:
- Group I includes the following
9 categories: cat.334/335, cat.338/339, cat.340/360, cat.341/361, cat.342/362,
cat.347/348, cat.359/659-S, cat.638/639 and cat.647/648.
Enterprises’ allocated award
quotas for cat.C = (Award quotas for cat.C realized in year 2004 - 2005 award
quotas pre-obtained in year 2004) / 100
- Group II includes the
following 16 categories: cat.200, cat.301, cat.332, cat.333, cat.345,
cat.351/651, cat.352/652, cat.359/659-C, cat.434, cat.435, cat.440, cat.447,
cat.448, cat.620, cat.645/646.
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- 2005 award quota
pre-obtained
- Application for allocation of
the quotas is in accordance with Form 5 attached.
2.2. Supplementary quotas
2.2.1. Quotas for textile and
garment products manufactured of domestic cloth/materials
- Contracts for exporting
textile and garment products made of domestic cloth/materials
- Contracts for purchase of
domestic cloth/materials
- Invoice for purchase of
domestic cloth/materials issued by the Ministry of Finance
Application for allocation of
the quotas is in accordance with Form 1 attached.
2.2.2
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- Statistics of Customs
authorities (provided to the Ministry of Trade by Customs authorities)
Application for allocation of
the quotas is in accordance with Form 2 attached.
2.2.3. Quotas for enterprises
joining chains and enterprises realizing 2004 quotas with records of new
investment in and weaving projects
- For enterprises voluntarily
joining chains: The Vietnam Textile and Garment Association
- For enterprises realizing 2004
quotas with records of new investment in dyeing and weaving projects: Based on
investment capital, number of equipments which are new or going to be installed
in the phase from January 2004 to December 2005.
Application for allocation of
the quotas is in accordance with Form 3 attached.
2.2.4. Quotas for enterprises
with factories above 500 km from Hai Phong port or Ho
Chi Minh City international port:
- Contracts for processing,
exporting textile and garment products to the US
market
- Capable to manufacture
requested categories
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- Vietnamese enterprises are
capable of manufacturing requested categories and have contracts signed with US
large importers or clients with famous brand names.
Application for allocation of
the quotas is in accordance with Form 4 attached.
- Large importers and clients
with famous brand names shall send to the Ministry of Trade (the Export -
Import Department) no later than September 30th, 2004 lists detailing
Vietnamese textile and garment exporters, textile and garment categories,
volume and turnover in year 2003, 2004 and of 2005 plan.
3. Time for allocation of quotas
3.1. Award quotas are allocated
in 2 intakes:
- For enterprises with export
achievements in the phase from January 1st, 2004 to July 31st, 2004, award
quotas are allocated in early September 2004.
- For enterprises with export
achievements in the phase from August 1st, 2004 to December 31st, 2004, award
quotas are allocated in late January 2005.
3.2. Supplementary quotas:
- The quotas for enterprises
exporting textile and garment products using domestic cloth/materials are allocated
in 2 intakes. The first in take is in December 2004 and the second intake is in
April 2005.
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- The quotas for enterprises
with factories over 500 km far from Hai Phong port or Ho
Chi Minh City international port are allocated in October
2004.
- The quotas for enterprises
which voluntarily join chains are allocated after the Inter-Ministry
of Trade and Industry and
the Vietnam Textile and Garment Association investigate actual operation of
chains.
- The quotas for enterprises
with US large importers or clients with famous brand names are allocated in
October 2004.
III. QUOTA
APPLICATION PROCEDURES
Enterprises which wish to export
textile and garment products to the US
market in year 2005 shall send application (according to the form attached) to
the Ministry of Trade (the Export - Import Department, No 21, , Hanoi)
and be liable for accuracy of information provided in the application.
Time for application:
- Award quotas: Applications
shall be sent to the Ministry of Trade prior to September 1st, 2004
- Supplementary quotas:
Applications shall to be sent to the Ministry of Trade prior to September 30th,
2004. Except for:
+ Applications for quotas for
textile and garment products manufactured by domestic cloth/materials shall be
sent to the Ministry of Trade no later than March 31st, 2005.
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+ For the quotas for enterprises
which voluntarily join chains and for enterprises with records of new investment
in dyeing and weaving projects, applications shall be sent to the Ministry of
Trade prior to June 30th, 2005.
IV.
PRINCIPLES ON IMPLEMENTATION
1. Effect
- 2005 quotas are effective from
January 1st, 2005 to December 31st, 2005
- Time of application receipt is
according to the Ministry of Trade’s stamp on incoming correspondence
2. Visa grant
Visa is granted according to the
Circular No 03/2003/TT-BTM dated June 5th, 2003 by the Ministry of Trade
providing guidelines on grant of visa for textile and garment products to be
exported to the US market in conformity with the Vietnam - US Garment and
Apparel Agreement and its amendments (if there are).
Visa shall not be granted to
textile and garment lots to be exported for a third country for completion or textile
and garment lots imported into Vietnam
for finalization for export to the US
market.
3. Return
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- Unused quotas returned prior
to September 2005 shall be added to enterprises’ 2005 allocated quotas.
- 50% of unused quotas returned
from September 2005 shall be added to enterprises’ 2005 allocated quotas.
- Unused quotas not returned
shall be deducted from enterprises’ 2005 allocated quotas.
- Enterprises are not permitted
to transfer their allocated quotas.
- Enterprises joining chains
with mechanism (including cooperation for export and import of quota and
quota-free categories, production cooperation) and certified by the Inter-Ministry
of Trade and Industry are
permitted to exchange their allocated quotas with enterprises of their chains.
4. Quota exchange
Enterprises which wish to
exchange quotas for different categories for the purpose of exporting shall
5. Entrusting
Entrusting is implemented in
accordance with the Decree No 57/1998/ND-CP dated July 31st, 1998 and the
Decree No 44/2001/ND-Cp dated August 2nd, 2001 by the Government.
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Quota charges apply to
particular categories according to stipulations by the Ministry of Finance.
Enterprises pay quota charges
(if there are) for each Announcement on allocation of quotas or each textile
and garment lot. When applying for visa, enterprises shall declare to Export -
Import Divisions invoice for their payment of quota charges at the Ministry of
Trade’s account No 920.01.023 at Hanoi State Treasury.
V. PRINCIPLES
OF IMPLEMENTATION
1. The Ministry of Trade and the
Ministry of Industry guide the implementation of the Agreement and established
regulations and cooperate with domestic and foreign relevant bodies to quickly
settle uncertainties arising during the implementation. Information on quota
allocation and realization is available on mass media and on the website of the
Ministry of Trade at www.mot.gov.vn.
Local Trade Department or Trade
and Tourism Department cooperate with the Interministerial Garment and Apparel
Administration Division to define production and export capacity of
enterprises, prevent trade fraud to ensure the implementation of the Vietnam
- US Garment and Apparel Agreement.
2. Enterprises obey to
regulations of this Circular and those of the Vietnam
- US Garment and Apparel Administration Division. Enterprises with frauds shall
suffer from sanctions of quota revocation to quota allocation ceasing depending
on level of guilty as follows:
2.1. Enterprises with illegal
goods shipment, making and using counterfeit visa, C/O and dossiers shall
suffer from revocation of their all allocated quotas, not be allocated quotas
for next years and be judged by security authorities.
2.2. Enterprises providing wrong
information in their applications for quotas allocation, visa and refusing
quota supervision by the Inter-Ministry
of Trade and Industry
shall suffer from quota revocation and ceasing of supplementary quota
allocation.
2.3. Enterprises providing wrong
information on their production capacity and export turnover in order to obtain
supplementary quotas shall suffer from revocation of the quotas and a quota
deduction as many as 30% of their allocated quotas.
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ON
BEHALF OF THE MINISTER OF INDUSTRY
DEPUTY MINISTER
Bui Xuan Khu
ON
BEHALF OF THE MINISTER OF TRADE
DEPUTY MINISTER
Mai Van Dau
APPENDIX I
(Attached
to the Interministerial Circular No 04/2004/TTLT/BTM/BCN dated July 28th, 2004)
Description
Category
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1
Fiber, thread for retail
Kg
200
2
Cotton fiber
Kg
301
3
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Couple dozens
332
4
Men’s suit
Dozen
333
5
Men’s, women’s cotton coat
Dozen
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6
Men’s, women’s cotton knitted
shirt
Dozen
338/339
7
Men’s cotton, synthetic
fiber knitted shirt
Dozen
340/360
8
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Dozen
341/361
9
Cotton and synthetic fiber
short skirt
Dozen
342/362
10
Cotton sweater
Dozen
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11
Men’s, women’s cotton wear
Dozen
347/348
12
Cotton, synthetic fiber
pajamas
Dozen
351/361
13
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Dozen
352/652
14
Overall
Kg
359/659-C
15
Swimming wear
Kg
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16
Men’s wool coat
Dozen
434
17
Women’s wool coat
Dozen
435
18
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Dozen
440
19
Men’s wool trousers
Dozen
447
20
Women’s wool trousers
Dozen
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21
Synthetic filament cloth
M2
620
22
Synthetic fiber socks
Couple dozen
632
23
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Dozen
638/639
24
Synthetic fiber sweater
Dozen
645/646
25
Men’s, women’s synthetic fiber
wear
Dozen
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FORM 1
1. Enterprise:
2. Business License No:
3. Enterprise
Code:
4.
Telephone:
Fax:
5. Email:
6. Office address:
7. Factory address:
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9. Number of workers:
No.
THE
SOCIALIST REPUBLIC
OF VIETNAM
Independence
- Freedom - Happiness
Date:
To:
The Ministry of Trade
ON: APPLICATION FOR QUOTAS TO BE ALLOCATED IN PRIORITY TO
ENTERPRISES EXPORTING TEXTILE AND GARMENT PRODUCTS USING DOMESTIC
CLOTH/MATERIALS TO THE US
MARKET IN YEAR 2005
Product
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Volume of goods exported using
domestic cloth
Export contract No
Date of export
Contract for purchase of
domestic cloth No
Invoice for purchase of
domestic cloth issued by the Ministry of Finance No
(1)
(2)
(3)
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(5)
(6)
(7)
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The enterprise is liable for
accuracy of figures and information provided in its application.
Head of entity
(Signature and stamp)
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Note:
1. This application is to be
sent together with original copies of documents in column (4), (6), (7) with
certification for origin and head of entity’s signature.
2. For enterprises using its
produced cloth, documents in column (6) and (7) can be replaced by original
copies of stock-in or stock-out notes from weaving section to sewing section
(or equivalent documents) with certification and head of entity’s signature.
3. Contracts/invoices for
purchase of cloth from cloth trading companies which are not able to weave are
not to be put in the table.
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5. Only invoices for purchase of
cloth after June 30th, 2004 are to be put in the table.
FORM 2
1. Enterprise:
2. Business License No:
3. Enterprise
Code:
4.
Telephone:
Fax:
5. Email:
6. Office address:
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8. Number of equipment units:
9. Number of workers:
No.
THE
SOCIALIST REPUBLIC
OF VIETNAM
Independence
- Freedom - Happiness
Date:
To:
The Ministry of Trade
ON: APPLICATION FOR QUOTAS TO BE ALLOCATED TO ENTERPRISES
WITH ACHIEVEMENTS IN EXPORTING QUOTA-FREE TEXTILE AND GARMENT US
MARKET IN YEAR 2005
Based on the Interministerial
Circular No 04/2004/TTLT/BTM/BCN dated July 28th, 2004 by the Ministry of Trade
providing guidelines on allocation and realization of quotas for textile and
garment products to be exported to the US market in year 2005, (name of
enterprise) requests the Inter-Ministry of Trade and Industry to allocate 2005
quotas for its achievements in exporting quota-free textile and garment
products to the US market in the second half of year 2004 (the first half of
year 2005):
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Product
Category
Volume
Value (USD/FOB)
Export entry (No, date)
…
…
…
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…
Total
Total
(*) Quota-free categories in the
above table are textile and garment categories to be exported to the US
market not controlled by the quantitative limits.
Products applied for the quota
allocation:
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(2)
(3)
…
The enterprise requests the Inter-Ministry
of Trade and Industry to
allocate quotas according to the above priority order.
The enterprise is liable for
accuracy of figures and information provided in its application.
Head of entity
(Signature and stamp)
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Note: This application is to be
sent together with copies Customs entries (Export entries for exported quota-free
categories applied for the quota allocation issued in valid period of time. The
entries have been paid for, exporter is the applicant) with certification for
origin and head of entity’s signature.
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FORM 3
1. Enterprise:
2. Business License No:
3. Enterprise
Code:
4.
Telephone:
Fax:
5. Email:
6. Office address:
7. Factory address:
8. Number of equipment units:
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No.
THE
SOCIALIST REPUBLIC
OF VIETNAM
Independence
- Freedom - Happiness
Date:
To:
The Ministry of Trade
ON: APPLICATION FOR QUOTAS TO BE ALLOCATED TO ENTERPRISES
WITH RECORDS OF NEW INVESTMENT IN DYEING AND WEAVING PROJECTS
Based on the Interministerial
Circular No 04/2004/TTLT/BTM/BCN dated July 28th, 2004 by the Ministry of Trade
providing guidelines on allocation and realization of quotas for textile and
garment products to be exported to the US market in year 2005, (name of
enterprise) reports on its new investment in dyeing, weaving projects as
follows
Equipment
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Value (USD)
Date of installation
Date for starting operation
1
Weaving machine
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…
3
…
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…
Total
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(Name of enterprise) requests
the Inter-Ministry
of Trade and Industry to
allocate quotas for categories according to the following priority order:
(1) For example: Men’s and women’s
cotton knitted coat (cat.338/339)
(2)
(3)
…
The enterprise is liable for
accuracy of figures and information provided in its application.
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(Signature and stamp)
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Note: This application is to be sent
together with licenses or decisions relating the projects, reports on
investment plan, Customs entries for equipment imports (for already installed
projects)
FORM 4
1. Enterprise:
2. Business License No:
3. Enterprise
Code:
4.
Telephone:
Fax:
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6. Office address:
7. Factory address:
8. Number of equipment units:
9. Number of workers:
No.
THE
SOCIALIST REPUBLIC
OF VIETNAM
Independence
- Freedom - Happiness
Date:
To:
The Ministry of Trade
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Based on the Interministerial
Circular No 04/2004/TTLT/BTM/BCN dated July 28th, 2004 by the Ministry of Trade
providing guidelines on allocation and realization of quotas for textile and
garment products to be exported to the US market in year 2005, (name of
enterprise) requests the Inter-Ministry of Trade and Industry to allocate 2005
quotas for it to realize contracts signed with US large clients/ clients with
large, famous brand names as follows
Product
Category
Quantity
Volume (USD, FOB)
Exporting contract (No, date,
client)
Date of delivery
Receiver
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2
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(*) US
large clients are importers with textile and garment import turnover from Vietnam
of$20 million and more in year 2003 or 2004.
This application is sent together
with original copy of valid exporting contracts with certification for origin
and signed by head of the enterprise.
The enterprise is liable for
accuracy of figures and information provided in its application.
Head of entity
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FORM 5
1. Enterprise:
2. Business License No:
3. Enterprise
Code:
4.
Telephone:
Fax:
5. Email:
6. Office address:
7. Factory address:
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9. Number of workers:
No.
THE
SOCIALIST REPUBLIC
OF VIETNAM
Independence
- Freedom - Happiness
Date:
To:
The Ministry of Trade
ON: APPLICATION FOR QUOTAS TO BE ALLOCATED TO ENTERPRISES
WITH ACHIEVEMENTS IN EXPORTING TEXTILE AND GARMENT PRODUCTS TO THE US
MARKET IN YEAR 2004
Based on the Interministerial
Circular No 04/2004/TTLT/BTM/BCN dated July 28th, 2004 by the Inter-Ministry of
Trade and Industry providing guidelines on allocation and realization of quotas
on exports of textile and garment products to the US market in year 2005, (name
of enterprise) requests the Inter-Ministry of Trade and Industry to allocate
quotas based on its export achievements as follows:
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Category
Unit
Allocated quotas in year 2004
Exported volume until July
31st, 2004
Volume of quotas requested for
year 2005
Note
1
(1)
(2)
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(4)
(5)
(6)
(7)
2
...
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The enterprise is liable for accuracy
of figures and information provided in its application.
Head of entity
(Signature and stamp)
(*)
This translation is for reference only