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Circular 7/2004/ttlt-Btm-Bcn: Additional Circular No. 04/2004/ttlt/btm-Bcn On July 28, 2004 Guide The Delivery And Implementation Of Textile Export Quota To The U.s. Market In 200 ...

Original Language Title: Thông tư liên tịch 07/2005/TTLT-BTM-BCN: Bổ sung Thông tư Liên tịch số 04/2004/TTLT/BTM-BCN ngày 28/07/2004 hướng dẫn việc giao và thực hiện hạn ngạch xuất khẩu hàng dệt may vào thị trường Hoa Kỳ năm 200...

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Additional CIRCULAR circular No. 04/2004/TTLT-BTM-BCN on July 28, 2004 guide the delivery and implementation of textile export quota to the U.S. market in 2005 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 29/2004/ND-CP dated 16/01/2004 of government functions, tasks, powers and organizational structure of the Ministry of Commerce;
Pursuant to Decree No. 55/2003/ND-CP dated May 28, 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of industry;
The base direction of the Prime Minister on the transfer of quotas to export textiles to the United States at no. 851/VPCP-KTTH on March 28, 2005 by the Office of the Government;
The base situation of textile production in the country and the world, reviews the export performance in late 2004, early 2005;
After the consultation of the Vietnam textile and garment Association, the Ministry of commerce-industry added some points of the circular of Ministry of Commerce, Ministry of industry no. 04/2004/TTLT/BTM-BCN on July 28, 2004 guide the delivery and implementation of textile export quota to the U.S. market in 2005 is as follows : i. SUPPLEMENT section I-GENERAL PROVISIONS, in particular: i. 1. Clause 1-scope of application of the quota: the quota is divided into three groups:-Group i: composed the song (Cat.) be delivered according to the criteria specified in circular 4/2004/TTLT/BTM-BCN and this circular.
-Group II: include types of deliveries on the basis of considering the quota of registered traders.
-Group III: includes the categories applied Visa mechanism automatically.
The base implementation of the quota each period, the Ministry of commerce-industry will have reported adjusted Cat. among the Group on.
I. 2. Item 2. The object to be delivered and implemented the quota: the trader not yet allocated quotas to export textiles to the United States has owned a minimum of 100 industrial sewing machine (have written verification of machinery and textile production capacity of the test Group by the Commerce Department coordinated with the Department of industry , Department of planning and investment) are automatic and visa quotas review samples. In the case of stop automatic visa, the traders also consider quotas.
II. AMEND SECTION II. -TRAFFIC RULES on quotas, specifically: II. 1. Clause 1. Quota allocation: cancel the two types of quota in the quota the following development: + quota for textile export contract using the fabric/materials manufactured in the country.
+ Quota for traders to export the textile categories not manage by quotas to the United States from July 2004 to June 2005.
The specific provisions about registration, the registration procedure for the two quotas above are also cancelled.
6% quota of the two criteria are added for other sources as follows: + 4% additional quotas on export achievement quota resources, raising the total of quota achievement up 84% of the quota.
+ Additional 1% quota on the quota for traders to voluntarily join the chain link and traders in investment projects in textiles, dyeing grew, bringing the total quota for the source criteria up 5% of the quota.
+ 1% additional quotas into the reserve fund, bringing the total reserve fund up to 3% of the quota.
II. 2. Item 2-base and make quota:-2.1: Point of achievement quota: quota achievement was divided into 3 groups: achievement quota are classified based on the interface specified in Notice No. 5226/TM-EXPORT on 14/10/2004, no. 0301/TM-DM on 09/03/2005 and the accompanying text.
The quota of the Cat. in Group II was assigned to traffic based on specific rules in Notice No. 0186/TM-DM on 01/02/2005 the Department of Commerce's guide the delivery and implementation of textile export quotas to the towns of trườngHoa in 2005.
-The point 2.2-development: quota + additional points 2.2.3: quotas for traders to voluntarily join chain links and investment trader, dye textiles project grew according to The number of contact 0319 notice/TM-DM on March 11, 2005.
+ Point 2.2.4: quotas for traders to have a factory in Hai Phong port, or the port of Ho Chi Minh City International on 500 km follow the instructions of the Minister no. 6044/TM-EXPORT on November 16, 2004.
+ Point 2.2.5: quotas for traders have signed contracts with the client is the United States largest importer and the customers are large, famous brands follow the instructions of the Minister no. 5592 on October 30, 2004, and 5703/TM-EXPORT on 03/11/2004.
II. 3 Clause 3 – the time limit for delivery of the quota to be adjusted in the text of The detailed instructions about each of the criteria.
III. AMEND SECTION IV. -The REGULATIONS made, specifically: III. 1. Paragraph 1 – in force:-regulations on the filing deadline was counted as the trade to The mark-the quota allocated in a number of forms such as: conversion, adding small amount of sample goods, advance, etc. specified duration consistent with the specific period of the corresponding text.
III. 2. Item 2-automatic visa and Visa: Visa implementation regulations automatically for the Cat. in Group III: 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) are automatic Visa to the United States. For new traders, when doing automatic Visa procedure required to import and export management area a verification of the production capacity of the test Group.

The base implementation of textile export quota to the U.S. market in each period, the Ministry of Commerce, Ministry of industry can adjust directory of categories made the feces delivery quotas and the categories applied visa mechanism automatically.
The shipment of the production/manufacturing in Vietnam have used some imported products are exported to the U.S. Visa when the shipment that was Vietnam origin certification, meet the rules of origin for goods of the United States.
III. 3. Clause 3. The repayment, renewal forms, granted or deferred punishment of those quotas have a shorter validity period of twelve months is specified in text when this quota levels and instructions of the Minister.
The transfer of quotas is made according to the provisions in circular directions.
III. 4. Paragraph 4. Conversion of quota case conversion needs of quota between categories (Cat) to export directly, traders have sent BộThương text proposed trade deal. Contact the recommended resolver converts the trader's quota is based on the provisions of the agreement, the source of the quota and the appropriate conversion rate between the Cat. at the time of conversion.
III. 5. Clause 5. Mandated and entrusted: achievements made quota mandated will count on the trader's export achievement mandated.
IV. AMENDMENTS, supplements V.-terms of IMPLEMENTATION, in particular: IV. 1. Item 2, additional: textile monitoring Contact (established in decision No. 1442/2004/QD-BTM on August 27, 2004 of the Minister of trade) is responsible for monitoring, checking the quota allocation and implementation of quotas to ensure the management of the fair quota allocation, , transparency, the use of quotas and effectively.
Review: control organization the textile quota allocation in 2005 on the basis of the 2004 export achievement enterprises production; the case would improperly allocated to revoking granted quotas and process according to the current rules.
Cases detected foreign goods conveyed using quotas and origin Vietnam and other violations will be strict processor and/or transfer of records to Agency for legal protection.
The provisions in circular trade Ministry-Ministry of Côngnghiệp No. 04/2004/TTLT/BTM-BCN on July 28, 2004 guide the delivery and implementation of textile export quota to the U.S. market in 2005 is not added in this circular remains in force.
Set base on practical production situation, the business of each period to continue issuing the text with the circular form, contact President text, instructions, detailed rules, announced the 2005 quota operating.
This circular effect after 15 days from the date The report./.