- 1Decree no. 44/2001/ND-CP of August 02, 2001 amending and supplementing a number of articles of the government''s decree no. 57/1998/nd-cp of july 31, 1998 detailing the implementation of the commercial law regarding activities of goods import, export, processing and sale/purchase agency with foreign countries
- 2Decree of Government No. 57/1998/ND-CP, promulgated by the Government, detailing the implementation of the commercial law regarding the goods import, export, processing, and sale and purchase agency activities with foreign countries
| INTER-MINISTRY OF | THE --------------- |
| No. 04/2004/TTLT-BTM-BCN | |
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:
1. Scope of quota imposition:
Quotas for textile and garment products to be exported to the
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
- 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%
+ 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
- Contracts for processing, exporting textile and garment products to the
- 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
- The quotas for enterprises which voluntarily join chains are allocated after the
- 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
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
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
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
2. Enterprises obey to regulations of this Circular and those of the
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
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
(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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1.
2. Business License No:
3.
4. Telephone: Fax:
5. Email:
6. Office address:
7. Factory address:
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9. Number of workers:
No.
THE
Date:
To: The Ministry of Trade
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.
1.
2. Business License No:
3.
4. Telephone: Fax:
5. Email:
6. Office address:
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8. Number of equipment units:
9. Number of workers:
No.
THE
Date:
To: The Ministry of Trade
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
Products applied for the quota allocation:
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(2)
(3)
…
The enterprise requests the
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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1.
2. Business License No:
3.
4. Telephone: Fax:
5. Email:
6. Office address:
7. Factory address:
8. Number of equipment units:
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No.
THE
Date:
To: The Ministry of Trade
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
(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)
1.
2. Business License No:
3.
4. Telephone: Fax:
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6. Office address:
7. Factory address:
8. Number of equipment units:
9. Number of workers:
No.
THE
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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(*)
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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1.
2. Business License No:
3.
4. Telephone: Fax:
5. Email:
6. Office address:
7. Factory address:
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9. Number of workers:
No.
THE
Date:
To: The Ministry of Trade
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
- 1Decision No. 46/2001/QD-TTg of April 04, 2001 on the management of goods export and import in the 2001-2005 period.
- 2Decree of Government No. 57/1998/ND-CP, promulgated by the Government, detailing the implementation of the commercial law regarding the goods import, export, processing, and sale and purchase agency activities with foreign countries
Joint circular No.04/2004/TTLT-BTM-BCN of July 28th, 2004 guidelines on allocation and realization of quotas for textile and garment exports to the us market in year 2005
- Số hiệu: 04/2004/TTLT-BTM-BCN
- Loại văn bản: Thông tư liên tịch
- Ngày ban hành: 28/07/2004
- Nơi ban hành: Bộ Công nghiệp, Bộ Thương mại
- Người ký: Bùi Xuân Khu, Mai Văn Dâu
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 24/08/2004
- Ngày hết hiệu lực: 16/01/2007
- Tình trạng hiệu lực: Hết hiệu lực