Thông tư liên tịch 25/2001/TTLT/BTM-BKHDT-BCN

JOINT-CIRCULAR

GUIDING THE IMPLEMENTATION OF TEXTILES AND GARMENTS QUOTAS FOR EXPORT TO THE EU, CANADA AND TURKEY IN 2002

Pursuant to Decision No. 46/2001/QD-TTg of April 04, 2001 of the Prime Minister on import and export management in the 2001-2005 period;
Pursuant to Decision No. 908/QD-TTg of July 26, 2001 of the Prime Minister on measures to increase exports and manage imports in the last six months of 2001;
Pursuant to the Treaties on the Textile and Garment and Agreements with the EU, Canada and Turkey;
The ministries of Trade, Planning and Investment and Industry guide the implementation of textiles and garments quotas for 2002 as follow:

I. GENERAL PROVISIONS:

To grant in 2002 the automatic export license (E/L) to all categories (Cat.) of textiles and garments exported to EU, Canada and Turkey, including the quotas transferred from ASEAN (if any).

Subjects to the granting of automatic export licenses are traders of all economic sectors having Certificates of Business Registration, have registered for import export trading codes and enterprises having Investment Licenses according to the Law on Foreign Investment in Vietnam (hereinafter referred to as unit).

The granting of automatic E/L for textiles and garments shall be made at the Regional Import Export Management Bureaus of the Ministry of Trade on the basic of valid documents of the unit (the copy of customs declaration, the copy of bill of lading, the application for export license).

II. DETAIL PROVISIONS ON QUOTA MANAGEMENT:

1. Quota implementation:

To observe the provisions of the Agreements and Treaties with EU, Canada and Turkey, the quota management is stipulated as follows:

- The quota is divided into 2 groups: group 1 and group 2.

+ Group 1 includes 7 categories (Cat.) exported to EU: Cat. 4, 5, 6, 7, 8, 15, 31.

+ Group 2 includes the 22 remaining categories (Cat.) exported to EU, all quotas for export to Canada and Turkey.

- The units which have the quotas belonging to above-mentioned groups 1 and 2 shall be granted automatic E/L. In the following cases, the granting of automatic E/L shall be terminated:

+ The categories (Cat.) in group 1 (have been granted E/L) have been exported by 50 per cent in the first quarter or 70 per cent before July 26, 2002 or 90 per cent of the total quota after July 26, 2002.

+ The categories (Cat.) in group 2 (have been granted E/L) have been exported by 90 per cent of the total quota.

- After the termination of granting E/L, the remaining quotas shall be implemented as follows:

+ The ministries of Trade - Planning and Investment - Industry shall grant quota to the units and the People's Committees of Hanoi, Ho Chi Minh, Hai Phong and Da Nang cities based on the quota implementation level in 2001 and 2002, given priority to the units that have goods waiting for export, imported materials for the production, bought materials for the production and signed export contracts (especially contracts signed with partners in EU).

+ A part of quota belongs to group 1 shall be tendered.

2. Return of quotas:

If the units that received quotas according to the announcement of the Ministry of Trade or the People's Committees of Hanoi, Ho Chi Minh, Hai Phong and Da Nang cities are unable to implement their allocated quotas, they must send documents on returning quotas to the quota granting agency before November 30, 2002, if not, the quotas for the same categories shall not be granted to them in the following year.

3. Entrustment and entrustment-taking:

The entrustment and entrustment-taking shall comply with the current provisions.

4. Quota fees:

All lots of export goods before to the date of July 26, 2002 shall be exempt from quota fees. The quota fee for lots of goods exported from July 27, 2002 (the bill signing date) shall be stipulated later.

III. IMPLEMENTATION PROVISIONS:

The inter-ministerial executive team shall have to inspect and supervise the quota implementation. Every week, the Ministry of Trade shall announce the situation on the granting of E/L and remaining quotas in newspapers: Commerce, Investment, Industry and in Website www.mot.gov.vn of the Ministry of Trade and at the Regional Import Export Management Bureaus.

The Ministry of Trade shall send to the units the documents related to the quota allocation and implementation by email. The units shall register for their email at the Import Export Department - the Ministry of Trade - 21 Ngo Quyen, Hanoi.

The units shall observe all provisions in this Inter Circular and the provisions of the Textile and Garment Trade Treaties and Agreements signed with EU, Canada and Turkey. These units shall be handled depending on the seriousness of violations, be subject to quota withdrawal or quotas allocation cancellation or in accordance with the provisions of law.

This Circular takes effect 15 days after its signing and replaces Joint Circular No. 19/2000/TTLT-BTM-BKHDT-BCN of October 16, 2000 of the ministries of Trade-Planning and Investment-Industry.

APPENDIX 01

LIST OF TEXTILE AND GARMENT CATEGORIES (CAT.) TO BE EXPORTED TO EU AND TURKEY SUBJECT TO QUOTAS
(Issued together with Joint Circular No. 25/2001/TTLT/BTM-BKHDT-BCN of November 09, 2001)

APPENDIX 02

LIST OF TEXTILE AND GARMENT CATEGORIES (CAT.) EXPORTED TO CANADA SUBJECT TO QUOTAS
(Issued together with Joint Circular No. 25/2001/TTLT/BTM-BKHDT-BCN of November 09, 2001)