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THE MINISTRY OF TRADE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
1191/2002/QD-BTM
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Hanoi, October 04, 2002
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DECISION
PROMULGATING THE REGULATION ON BIDDING FOR
QUOTAS OF TEXTILES AND GARMENTS FOR EXPORT INTO QUOTA-REGULATED MARKETS
THE MINISTER OF TRADE
Pursuant to the Government’s Decree No. 95/CP of December 4, 1993 stipulating
the functions, tasks, powers and organizational apparatus of the Ministry of
Trade;
Pursuant to the Government’s
Official Dispatch No. 1126/CP-KTTH of September 21, 1998 on the allocation of
quotas of textiles and garments for export into quota-regulated markets;
Pursuant to Decision No. 1188/2002/QD-BTM of October 4, 2002 of the Minister of
Trade on the establishment of the Council for Export Quotas of Textiles and
Garments Bidding;
At the proposal of the Chairman of the Council for Export Quotas of Textiles
and Garments Bidding,
DECIDES:
Article 1.- To issue together with this Decision the
Regulation on Bidding for quotas of textiles and garments for export into
quota-regulated markets.
Article 2.- This Decision replaces Decision No.
0035/2001/QD-BTM of January 11, 2001 and takes effect 15 days after its
signing.
Article 3.- The Chairman of the Bidding Council, members of
the Bidding Council, the director of the Office, the director of the Department
for Organization and Personnel, the director of the Import-Export Department of
the Ministry and enterprises participating in the bidding shall have to
implement this Decision.
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FOR THE MINISTER OF TRADE
VICE MINISTER
Mai Van Dau
REGULATION
ON BIDDING FOR QUOTAS OF TEXTILES AND
GARMENTS FOR EXPORT INTO QUOTA-REGULATED MARKETS
(Issued together with Decision No. 1191/2002/QD-BTM of October 4,
2002 of the Minister of Trade)
Part I
GENERAL PROVISIONS
Article 1.- Subjects participating in the bidding
1.1 Enterprises which have business registration
certificates, have registered importing-exporting enterprises codes or have
investment licenses under the Law on Foreign Investment in Vietnam and have
compatible business lines, may participate in the bidding.
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2.1. The bidding and the opening of bids shall
be organized publicly.
2.2. The Bidding Council shall specify the
categories (Cat.), the quantity of each category, and the bidding price of each
category in each bidding drive.
2.3. Enterprises being subjects prescribed in
Article 1 may register for participation in the bidding for categories opened
to bidding, and for each category, they may register the maximum quantity
prescribed in the bidding dossiers.
Article 3.- Bidding Council
The Bidding Council shall be composed of a
leading official of the Trade Ministry as its chairman and representatives of
the Ministry of Trade, the Ministry of Industry, the Ministry of Planning and
Investment and the Ministry of Finance as its members.
After getting comments of the concerned
ministries, the Minister of Trade shall decide on the establishment of the
Bidding Council.
The Bidding Council shall have the responsibility
to prepare and organize the bidding, announce the bidding results and inspect
the fulfillment of quotas by enterprises participating in the bidding.
Part II
ORDER OF BIDDING ORGANIZATION
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4.1. The Bidding Council shall provide for the
categories (Cat.) and the volumes of quotas opened to bidding, the way of
organizing the bidding and announce bid invitation (published on Thuong Mai
(Trade), Dau Tu (Investment), Cong Nghiep (Industry) and Tai Chinh (Finance)
newspapers and the website of the Ministry of Trade www.mot.gov.vn).
4.2. A bid shall include:
1. The written registration of participation in
the bidding
2. The copies of the business registration
certificate and importing/exporting enterprise’s
code registration or the investment license under the Law on Foreign Investment
in Vietnam
3. The written commitment to pay money for the
implementation of the won quotas.
Each enterprise shall send only one bid, which
is sealed and inscribed with "Dossier of participation in bidding for
textile and garment quotas."
Article 5.- Procedures for carrying out the bidding
5.1. Bidding registration
The bidding-participating enterprises, which
fully satisfy the conditions prescribed in Article 1, shall send their bids to
the Ministry of Trade. The deadline for receiving bids shall be the end of the
working day preceding the bid-opening day.
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5.3. Announcement of bidding results: Within 07
working days as from the bid-opening day, the Bidding Council shall announce
the bidding results on branches newspapers and notify them in writing to
bid-winning enterprises.
Article 6.- Bid consideration criteria
The bid-winning enterprises shall be the ones
which offer high prices in the order of bid calling for each category, which
are not lower than the bidding prices.
- In cases where many bidders have offered the
same lowest bid-winning prices, the volume with the lowest bid-winning prices
shall be divided among such bidders according to the proportion of their
registered volumes.
- In cases where the bid-winning enterprises
reject the bidding results, they shall have to notify their rejection in
writing to the Bidding Council within 10 working days as from the date of
announcing the bidding results. The Bidding Council shall assign the quota to
unit with the immediate lower bid price if such enterprise agrees to take it.
In cases where many enterprises offer the same immediate lower price, the
above-mentioned quotas shall be divided among such enterprises according to the
proportion of their registered volumes.
Article 7.- Responsibilities and interests of bid-winning
enterprises
7.1. Within 14 working days as from the date of
receiving the notice on bid-winning, the bid-winning enterprises shall have to
pay 30% of the total amount to be paid for the won quotas into the Trade
Ministry’s Account No. 945-01-475 at
the State Treasury of Hanoi city; then pay 30% of such total amount three
months later and the remaining 40% in July of the quota-implementing year.
Within the above-prescribed time limits, if the
enterprises fail to pay money, the volumes of the corresponding won quotas
shall automatically cease to be valid. The Bidding Council shall handle such
goods lots according to Article 6 of this Regulation.
7.2. After paying 30% of the total amount to be
paid for the won quotas as prescribed in Clause 7.1, the bid-winning
enterprises shall send the payment vouchers to the Ministry of Trade (the
Import-Export Department), so as to get notices on the assignment of won
quotas. In cases where the bid-winning enterprises fail to implement or
accomplish all their won quotas, they shall not be entitled to the refund of
their deposit amounts.
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Article 8.- Implementation provisions
This Regulation takes effect 15 days after the
signing of the Decision on its promulgation and shall be sent to the ministries
and State management bodies. In the course of implementation, if meeting with
any problems, the concerned ministries, branches, localities and units shall
have to promptly report them to the Bidding Council for consideration and
appropriate adjustment.-
THE MINISTRY OF TRADE
Mai Van Dau