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Circular 15/2005/ttlt/btm-Bcn: Escrow Instructions/guarantee Textile Export Quota Hiệnhạn Real

Original Language Title: Thông tư liên tịch 15/2005/TTLT/BTM-BCN: Hướng dẫn thực hiện ký quỹ/bảo lãnh thực hiệnhạn ngạch dệt may xuất khẩu

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CIRCULAR instructions/guarantee deposit made textile export quota pursuant to Decree No. 29/2004/ND-CP dated 16 January 2004 of the Government functions, tasks, powers and organizational structure of the Ministry of Commerce;
 
Pursuant to Decree No. 55/2003/ND-CP dated 28-04-2003 of the Government functions, tasks, powers and organizational structure of the Ministry of industry;
Proposal of the Vietnam textile and garment Association, President of the Ministry of Commerce, Ministry of industry implementation guide/deposit guarantee to make the textile export quota as follows: i. GENERAL PROVISIONS 1. The concept of a) escrow made textile quotas: trader commitment textile export quota by filing a corresponding funds with the amount of quota register or be delivered according to the level of funds by the Ministry of Commerce, Ministry of industry rules on account of the custody of the Department of Commerce in the State Treasury.
b) bank guarantee made textile quotas: traders submitted to Ministry of Commerce letter of guarantee by the Bank for the amount of quota or was delivered (not yet used up) according to the level of guarantee by the Ministry of Commerce, Ministry of industry regulations.
Sample letter of guarantee by the Ministry of Commerce Bank-Ministry of industry regulations and detailed message.
2. Traders are taking margin and guarantee Bank: traders are involved in production and export of textiles were applied quotas according to the current rules.
Traders can choose one or both forms of deposit and bank guarantee to register make the quota.
Regulations on test for new traders have not yet been delivered and made textile export quotas in the textile quota operating as follows: new traders possessing a minimum of 100 industrial sewing machines or other equipment consistent with the requirements of production of products for export registration (confirmed in writing on the machinery, equipment, and energy production of textile Union test by the Commerce Department chaired by announcement no. 0577/TM-DM on 20/5/2005).
II. IMPLEMENTING RULES and DEPOSIT GUARANTEES of BANKS OPERATING in the TEXTILE QUOTAS: 1. The base export situation, the Ministry of Commerce, Ministry of industry will announce the category and level of deposit, guarantee each song (Cat.) to make a base for the escrow payment and bank guarantee.
2. The principle, the amount distributed method of quota allocation, in the form of bank guarantee deposit will be Trade Minister-Ministry of industry reported for each Cat. to each particular point.
3. Limit ngach granted under form of lodging deposit and/or submit the guarantee only directly in production and exports, do not transfer, export mandate.
4. Refund of quota and deposit, guarantee the Bank 4.1. Refund of quota-quota for the duration effect 45 days or more, within 10 days from the date of submission of deposit and/or bank guarantee letter or from the date granted quotas according to the deposit and/or bank guarantee that traders do not have the ability to export , perform the assigned quota as was committed and have the van returned quota for the Ministry of Commerce will be refunded the entire amount were deposited and/or reduce bank guarantee letter.
-At the latest 60 days before the date of expiry of the validity of the quota or the final delivery date specified in the quota (depending on arrival time), traders can pay the whole or part of the quota granted in the form of deposit and/or bank guarantee but will be The trade sanction worth 20% deposit or bank guarantee of the quota returned. Return quota section was put into traffic to the source under the General rules.
4.2. the escrow deposit, a bank guarantee) for the traders made most of the assigned quota: quota numbers traders made from 95% of the quota granted by the method of depositing and/or bank guarantee in the time the effect of the announced quota allocation was considered complete the use of quotas and be refunded the entire amount of the root has escrow and/or reduce bank guarantee letter.
b) for traders not used up the quota expiration: the effect of the notice delivery quotas, traders make: + 50% of quotas granted under the deposit method and/or bank guarantee, the Ministry of Commerce will not return the full amount of the original deposit and/or request a bank guarantee transferred the full amount of the guarantee on your account The Ministry of Commerce.
+ From 50% to 95% under the quota are granted according to the method of depositing and/or bank guarantee, return the deposit corresponding to the number of quotas had made and/or request a bank guarantee for the transfer of the sum corresponding to the amount of quota traders are not made to the account specified by the Ministry of Commerce.
The entire amount obtained by the traders don't make rules will be submitted to the State budget.
5. Trade Minister-Ministry of industry will sum up the implementation of quotas according to this method and is based on the practical situation of production, business time given the additional modification adjustment needed for compliance with the guidelines as text detailing specific operating notices.
This circular takes effect 15 days from the date of posting The notice, but shall expire if the Prime Minister does not allow, including Gazette post./.