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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:
35/2001/QD-BTM
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Hanoi, January 11, 2001
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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 Governments Decree No. 95/CP
of December 4, 1993 stipulating the functions, tasks, powers and organizational
structure of the Ministry of Trade;
Pursuant to the Governments Official Dispatch No. 1126/CP-KTTH of September 21,
1998 allocating quotas of textiles and garments for export into quota-regulated
markets;
Pursuant to Decision No. 1722/2000/BTM/QD of December 12, 2000 of the Minister
of Trade on the establishment of the Council for Textile and Garment Quota
Bidding;
At the proposal of the Chairman of the Council for Textile and Garment Quota
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. 1405/1998/QD/BTM of November 17, 1998 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
Ministrys Office, the director of the Organization and Personnel Department,
the director of the Import-Export Department 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. 0035/2001/QD-BTM of January 11, 2001 of
the Minister of Trade)
Part I.
GENERAL PROVISIONS
Article 1.- Subjects
participating in the bidding
1.1. Enterprises participating in the bidding
are enterprises that have business registration certificates, have compatible
business lines, have already registered importing-exporting enterprises codes
or have investment licenses under the Law on Foreign Investment in Vietnam. Particularly for the categories of T-shirt (Cat. 4), sweaters (Cat. 5), trousers
(Cat. 6) and men�s shirts (Cat. 8), subjects participating in the bidding shall
be enterprises which were allocated quotas in 2000.
Article 2.- Bidding
principles:
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2.2. Based on the specific conditions of each
bidding drive, the Bidding Council shall stipulate the category, the quantity
of each category and the price offered for bid of each category in each bidding
round.
2.3. Enterprises being subjects prescribed in
Article 1 may register for participation in the bidding for categories opened
for bid, and for each category, they may register the maximum quantity defined
in the bidding dossiers.
Article 3.- Bidding Council
The Bidding Council shall be composed of the
Trade Ministrys leading official as its Chairman and departmental-level
representatives of the Ministry of Trade, the Ministry of Industry, the
Ministry of Planning and Investment and the Ministry of Finance as its members.
The list of the Councils full-fledged members
shall be announced by the Trade Ministrys leaders after getting comments of
participating ministries. The Minister of Trade shall decide on the
establishment of the Bidding Council as well as its organizational structure,
functions and tasks.
The Bidding Council shall have the
responsibility to prepare, organize and effect the bidding and announce the
results thereof.
Part II.
ORDER OF BIDDING ORGANIZATION
Article 4.- Preparation for
bidding
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4.2. Bids
Each enterprise shall submit only one bid, which
includes:
1. The written registration of participation in
the bidding
2. The copies of the business registration
certificate and importing/exporting enterprises code registration or copy of
the investment license under the Law on Foreign Investment in Vietnam
3. A written commitment to pay deposit to secure
the fulfillment of the quota volume won in the bidding
The bid shall be sealed and inscribed with
"Dossiers of participation in bidding for quotas of textiles and
garments".
Article 5.- Procedures for
the implementation of the bidding
5.1. Bidding registration
The participating enterprises, which fully
satisfy conditions prescribed in Article 1, shall send their bids to the
Ministry of Trade. The deadline for sending bids shall be the end of the
working day proceeding the bid-opening day.
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5.3. Announcement of bidding results: Within 7
working days at most after 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 enterprises
that have offered 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 price, the volume with the lowest bid-winning price
shall be divided among such bidders according to the proportion of their
registered volumes.
- In cases where the bid-winning enterprises
refuse the bidding results, they shall have to notify the Bidding Council
thereof in writing within 10 working days as from the date of announcement of
the bidding results. The Bidding Council shall assign the quotas to the bidder
with the next lower bid price if the latter agrees to take it. In cases where
many enterprises have the same next lower price, the above quotas shall be
divided among such bidders 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 deposit money to secure the fulfillment of the won quotas, which is equal
to 15% of the total amount they have to pay for the purchase of the won quotas.
The deposit money shall be paid in "bank security" issued by or in
transferred money of the banks where the enterprises have opened their
accounts. Such "bank security" shall automatically cease to be valid when
the enterprises fulfill 90% or more of their won quotas. If the enterprises
fail to pay the "bank security" or transfer money within the said
time-limit, the notice on the assignment of the won quotas for the
corresponding goods lots shall automatically cease to be valid. The Bidding
Council shall handle such goods lots according to Article 6.
Any enterprises that fail to strictly abide by
the provisions of this Article shall not be allowed to participate in the
bidding for quotas in the subsequent year.
The deposit money shall be unfrozen only when
the enterprises fulfill 90% or more of their won quotas.
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7.3. The bid-winning enterprises may not get
back their deposits for securing the implementation if they fulfill less than
90% of their won quotas or withdraw the bidding participation application after
the time limit prescribed at Point 7.1.
7.4. Enterprises shall have to pay for the
purchase of won quotas for each goods lot before goods delivery.
7.5. The won quotas may be transferred.
Enterprises, which transfer their won quotas, shall have to send a written
application to the Ministry of Trade for certification.
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 proper
adjustment.
APPENDIX
LIST OF QUOTAS OF
TEXTILES AND GARMENTS FOR EXPORT INTO THE EU, OPENED FOR BID IN 2001
(attached to Decision No. 35/2001/QD-BTM of January 11, 2001)
Goods items
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Calculation
unit
Total volume of
quotas opened for bid in 2001
Region Is
volume of quotas opened for bid
Region IIs
volume of quotas opened for bid
The maximum
volume to be registered
Offered prices
(VND/ piece/ suit)
1. T-shirt
4
Piece
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652,000
1,148,000
60,000
300.0
2. Sweaters
5
Piece
600,000
252,000
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15,000
1,000.0
3. Trousers
6
Pair
900,000
342,000
558,000
15,000
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4. Womens shirts
7
Piece
500,000
133,000
367,000
30,000
500.0
5. Mens shirts
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Piece
2,400,000
886,000
1,514,000
100,000
500.0
6. Womens coats
15
Piece
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35,000
55,000
5,000
5,000.0
7. Small undervests
31
Piece
720,000
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200,000
1,000.0
8. Sport suits
73
Suit
190,000
40,000
150,000
10,000
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