Thông tư 16/2010/TT-BCT

CIRCULAR

ON THE GRANT OF MANUFACTURER'S IDENTIFICATION NUMBERS FOR TEXTILES AND GARMENTS EXPORTED TO THE US MARKET

Pursuant to the Government's Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government's Decree No. 12/ 2006/ND-CP of January 23. 2006, detailing the Commercial Law regarding international goods trading and goods agency, purchase, sale, processing and transit with foreign partners;
Pursuant to the Government's Decree No. 19/ 2006/ND-CP of February 20, 2006, detailing the Commercial Law regarding goods origin;
The Ministry of Industry and Trade provides for the grant of manufacturer's identification (MID) numbers for textiles and garments exported to the US market as follows:

Article 1. Scope of regulation and subjects of application

This Circular provides for the grant of MID numbers to manufacturers of textiles and garments upon their first-time export to the US market.

Article 2. Competence to grant MID numbers

The registration and procedures for the grant of MID numbers shall be made at regional Import-Export Management Bureaus under the Ministry of Industry and Trade (see the list provided in Appendix I to this Circular).

Article 3. Dossiers, procedures and time for grant of MID numbers

1. A dossier of request for an MID number comprises:

a/ An application for registration of an MID number for textiles and garments exported to the US market (made according to the form provided in Appendix 2 to this Circular, not printed herein):

b/ One copy of the business registration certificate or investment certificate or the business license:

c/ One copy of the tax identification number registration:

d/ A written record of inspection of the textile and garment-manufacturing capacity, made by the provincial-level Industry and Trade Department in coordination with the provincial-level Planning and Investment Department (according to the form provided in Appendix 3 to this Circular, not printed herein).

2. Time for grant of MID numbers

An MID number shall be granted within 3 working hours after an agency competent to grant MID numbers receives a complete and valid dossier. If the dossier is incomplete or invalid, this agency shall return it enclosed with a written notice clearly stating the reason.

Article 4. Declaration of MID numbers

Manufacturers and exporters of textiles and garments to the US market shall coordinate with importers or customs brokers in identifying MID numbers under regulations.

1. When carrying out export procedures, a trader shall declare the MID number already registered with the regional Import-Export Management Bureau in box 1 in the customs export declaration (following the name and address of the exporter) and box 23 in the commercial invoice (following the name and address of the manufacturer) and take responsibility for such declaration.

Pure traders that do not directly manufacture textiles and garments for export shall, when conducting entrusted export, declare MID numbers of the manufacturers of export lots.

2. Traders shall make a separate customs export declaration for each manufacturer.

3. MID numbers with incorrect information on the codes of manufacturing countries and pure traders will be regarded as invalid and the US customs will reject import in this case.

4. Information search: Information providing detailed guidance on the creation of MID numbers is provided in Appendix 4 to this Circular (not printed herein).

Article 5. Inspection of the textile and garment-manufacturing capacity

1. Inspection principles

Inspection shall be conducted promptly without prior notification (a trader will be notified 2 hours at most before an inspection team arrives), unless such inspection is requested by the trader him/her/itself.

Inspection shall be conducted under regulations and it is prohibited to harass or obstruct a trader's production.

A trader shall strictly observe inspection regulations and appoint, his/her/its authorized representative to cooperate with the inspection team right after receiving an inspection notice by phone or when the inspection team arrives at the trader's establishment. The trader shall supply all documented data on management, machinery, equipment and labor and let the inspection team directly inspect all warehouses and workshops. The inspection team shall sign the inspection record.

2. Organization of an inspection team

The provincial-level Industry and Trade Depart­ment shall assume the prime responsibility for. and coordinate with the provincial-level Planning and Investment Department in. setting up a part-time inter-branch inspection board with at least 2 (interchangeable) members of each Department joining an inter-branch inspection team:

An inter-branch inspection team shall be set up with members among those of the part-time inter-branch inspection board. The team's head must be a leader of a division/department or higher level of the provincial-level Industry and Trade Department. The provincial-level Industry and Trade Department shall decide to set up an inter-branch inspection team for each trader when receiving a written request from the Ministry of Industry and Trade or the trader.

3. Inspection procedures and contents When working with a trader, the inspection team's head shall hand one original of the provincial-level Industry and Trade Department's decision on the setting up of a team to inspect such trader.

The team shall inspect the trader's textile and garment-manufacturing capacity based on the contents of the inspection record made according to the form provided in Appendix 3 to this Circular (not printed herein).

An inspection record shall be made in 5 copies to be kept by the trader, the provincial-level Industry and Trade Department and the provincial-level Planning and Investment Department, and to be sent to the Import-Export Management Bureau and the Import and Export Department of the Ministry of Industry and Trade.

Article 6. Effect

1. This Circular takes effect on June 5. 2010.

2. To annul all previous regulations which are contrary to this Circular.

3. Any problems arising in the course of implementation should be reported to the Ministry of Industry and Trade for timely settlement.

APPENDIX 1

LIST OF REGIONAL IMPORT-EXPORT MANAGEMENT BUREAUS
(Attached to the Industry and Trade Ministry's Circular No. 16/2010/TT-BCTofApril 20, 2010)