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Circular 18/2005/ttlt/btm-Bcn: Guide The Delivery And Implementation Of Textile Export Quota To The U.s. Market In 2006

Original Language Title: Thông tư liên tịch 18/2005/TTLT/BTM-BCN: Hướng dẫn việc giao và thực hiện hạn ngạch xuất khẩu hàng dệt may vào thị trường Hoa Kỳ năm 2006

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CIRCULAR guide the delivery and implementation of textile export quota to the U.S. market in 2006 based on trade agreements on textiles and textiles products from cotton, wool, man-made fibres, yarn, cotton and silk outer plant between the Government of the Socialist Republic of Vietnam and the Government of the United States signed on 17/07/2003 (hereinafter the textile agreement referred to as the Vietnam-United States) and the memorandum, extend the validity of this agreement;
Pursuant to the regulations on the management of export-import goods;
The base situation of textile exports to the United States;
After the consultation of the Vietnam textile and garment Association, President of the Ministry of Commerce, Ministry of industry (hereinafter referred to as the Ministry) guide the delivery and implementation of textile export quota to the U.S. market in 2006 as follows: i. GENERAL PROVISIONS 1. The scope of application of the quota: quota to export textiles to the United States with 38 types of items (Cat.), including 13 Cat. Double and 12 Cat. menu are specified in the appendix to this circular.
2. The object is assigned and the quota implementation: the trader was assigned and the quota implementation must have the following conditions: 2.1. Have a business registration certificate, registered business number import/export or investment license under the law on foreign investment in Vietnam;
2.2. Have textile production capacity;
2.3. To ensure there is minimum legal possession 100 sewing machine (type 1/2 needles and needles) are active in very good condition. The number of minimum equipment listed above must have adequate proof of lawful possession of traders. For categories not used industrial sewing machines to produce, the trader must have possessed sufficient amount of machinery and equipment, factory fit the required production of textile products export registration.
The amount of your rent (not buy finance lease) are not counted as possession of traders.
When export demand categories managed by quotas, new traders (traders have yet to export the categories have the quota in the U.S. market) needs to have text suggested the Department of trade, Commerce and tourism locally organized interdisciplinary examination and will be considered to be part of the quota after the Textile quota Board may (Ban ĐHHN textiles) received reports of the test Group.
2.4. Trader must have qualified staff, import capacity and understanding of trade policy to do the procedure on quotas and import and export documents.
Contact The trader requests daily access the Department of Commerce's Web site at www.mot.gov.vn to timely grasp and implement the instructions of the Minister to suit the situation of regular fluctuations of the textile industry.
II. OPERATING REGULATIONS And IMPLEMENT The QUOTA 1. Base and operating period, the quota implementation: from the date of 01/01/2006 to 30/06/2006, Contact The visa automatically for all types of items stated in section i. 1. During the period from 1/1/2006 to 30/6/2006, categories of items would have the rate make about 70% of the total quantity of that category of quota in 2006, the Ministry will conduct the molecular bases of quotas allocated on the basis of the export achievements of the early months of 2006 and the export demand of traders for the next time.
As at June 30, 2006, the song has not reached the proportions made 70% will continue to be granted a visa. Where necessary, the Minister may notify the next of category has reached almost 90% of the total quantity of that category of quota in 2006.
2. The base implementation of textile export quota to the U.S. market in each period, the Minister may adjust the directory of categories made the feces delivery quotas, categories are applied to the mechanism of automatic visa, additional amendments to the instructions issued automatically tutorial done depositing bail or other measures as appropriate.
3. Effective implementation: the case of Related pastoralist Affairs a part or the whole of the 2006 quota for the category of the 2006 quota in effect for shipments leaving Vietnam from 01/01/2006 to the time specified in the notice delivery quotas but no later than on December 31, 2006.
4. automatic Visa and Visa: The Visa is made by circular No. 03/2003/TT-BTM on 5/6/2003 the Department of Commerce's guide the Visa textile export to the United States under the U.S.-Vietnam textile and text tutorials made circular 03/2003/TT-BTM led on.
Regulations implementing the automatic Visa: qualified merchants stated in section i. 2 mentioned above (including new traders have not yet been delivered and implemented the quota exports to the United States) was granted Visa automatically textiles exported to the United States. When the first automatic Visa procedures, new traders need to present with import-export management Boundary area a verification of the production capacity of the test Group.
The shipment of the production/manufacturing in Vietnam have used some imported products are exported to the U.S. Visa when the shipment which was issued a certificate of origin, but Vietnam must meet the rules of origin for goods of the United States.
5. Mandated and entrusted exports: The mandated and entrusted to export textiles made under Decree No. 58/1998/ND-CP dated 31/7/1998 and Decree No. 44/2001/ND-CP dated 8/8/2001 Government.
The area of implementation of mandated quota will count in the area of export trader's mandate.
6. assignment of quotas: case in 2006 Set quotas and allow the transfer of the quota, the quota transfer made under Circular No. 12/2005/TTLT/BTM-BCN on 1/4/2005.
7. Deposit/guarantee ensures implementation of quota: traders can voluntarily sign up deposit/guarantee for all types of items to be guaranteed the number of quotas to be used in 2006. Case number registration deposit/guarantee the source beyond the quota, the Ministry will consider the priority of ensuring delivery quotas for the traders to export to the U.S. market in 2005 and the contract signed with the big clients of the United States.
The application form/deposit guarantee ensures implementation of textile quotas is made according to circular No. 15/2005/TTLT/BTM-BCN on 9/8/2005.
III. IMPLEMENTATION, MONITORING, CHECKING And PROCESSING Of VIOLATION 1. Contact The instructor for traders to implement the terms of the signed agreement and the Statute was enacted, in cooperation with the authorities in the country and abroad to solve promptly the arise in the implementation process. The quota allocation results and the implementation of the quota was announced on the mass media and the website: www.mot.gov.vn of the Ministry of Commerce.
The Commerce Department or the Department of trade and tourism is responsible for coordinating with the Department of industry and the local departments concerned in organizing interdisciplinary examination and with the Board of textile ĐHHN in: test determining the production capacity, exports by traders, commercial fraud prevention to guarantee for the implementation of textile agreements Vietnam-United States.
Case should examine, re-examine the production capacity of traders, checking every suspicions transport. Ban ĐHHN textiles in collaboration with one or more of the following units: surveillance, customs, Department of trade, Commerce and tourism, QLXNK area, textile Association Viet nam to conduct checks and timely processing.

2. All operating activities, distribution, management and implementation of textile export quota to the U.S. market is monitored by surveillance. Nest monitoring activities under the current regulations.
3. The trader violated the law, the regulations on the implementation of the textile quota exports to the U.S. and textile trade agreement Vietnam-the United States will be dealt with according to the level of violations from the fine recovery of part or all of the quantities of quotas to the rationing delivery quota suspension visa suspension, auto or prescribed by law. Specifically the following: 3.1 traders in illegal transfer of goods, making and using fake Visa, C/O fake, fake records recovered most of the quota, not to communicate any quotas would, not automatic Visa and transfer of records to Agency legal protection process.
3.2 traders cannot properly apply content quotas, Visa application, hiding the control quota of The revoked visas of quota, no additional quota, not automatic Visa.
3.3 traders false production capacity, false export turnover to be allocated additional quota then recovered part of the quota granted by the false declaration and fined 30% quota according to the standard level.
3.4 false traders production capacity will be fine corresponding to false on the part of the quota quantities are granted. False particulars under 10% of the amount of the machinery of caution, not additional quotas, development. False testimony from 10% and up will be fined the equivalent rate the amount of quota on the total amount of quota granted by the previous year all year, except for the current year.
The case of traders just made automatic Visa, does not make the quota distributed communion, when the penalty not be suspended completely automatic Visa, the Minister will fine except number expected if the song that stops the automatic Visa to quota allocation or when other categories registered traders are distributed the quota allocation will be deducted from the amount of the expected standards are manure delivered.
The case forms of violation and violation processing forms not mentioned above will be Set to review and process-specific.
The other rules about operating the textile quotas are not outlined in this circular but is not contrary to the provisions of this circular shall continue to have effect. The previous provisions contrary to this circular was cancelled.
Practical situation base production and import and export international market situation, according to time, the Ministry will have the instructions, detailed operating quotas to be appropriate and effective.
This circular effect after 15 days from the date The report.
 
APPENDIX (together with circular No. 18/2004/TTLT/BTM-BCN on 21/10/2005) STT description unit Cat.



Converted only 1 m2, 200 6.60 yarn for retail Kg to 2 Kg 8.50 301 brushed cotton 3 All cotton material double Dozen 3.80 332 4 Dozen complet form double jacket 30.30 333 5 women jacket cotton material Dozen 334/335 34.50 6 shirts, knitted cotton material Dozen boys 338/339 6.00 7 shirts woven cotton material and yarn Dozen artificial 340/640 20.10 8 women shirts woven cotton material and artificial fiber Col. 341/641 12.10 9 short skirt cotton material and artificial fiber Dozen 342/642 14.90 10 sweater Coat cotton material a dozen male and female Pants 11 30.80 345 cotton material Dozen 347/348 14.90 12 sleep clothing material cotton and man-made fibre Dozen 351/651 43.50 13 underwear cotton material and artificial fiber Dozen 352/652 14 11.30 overalls, ...



Kg 354/659C 10.00 swimwear 15 Kg/359 659S 11.80 material wool jacket 16 Dozen 434 45.10 jacket wool material 17 Dozen 45.10 435 18 male and female shirts wool material Dozen 440 20.10 trousers wool material 19 Dozen 447 15.00 20 women Pants wool material 15.00 21 448 fibre Fabric Nurse fi-la-620 M2 1.00 other shoots 22



All material of artificial fiber double Dozen 3.80 23 632 knitted shirts women's material is of 638/639 Dozen artificial fibers 12.96 sweater Jacket 24 artificial fiber material Dozen 645/646 30.80 men women 25 artificial fiber material Dozen 647/648 14.90