Joint Circular No. 02/2003/TTLT-BTM-KHĐT-CN guides the allocation and implementation of quotas for textile and garment exports to the United States market in 2003, applicable to textile and garment traders. This circular stipulates the allocation of quotas, procedures for issuing visas, implementation, repayment, quota conversion, and penalties for violations.
适用范围
Textile and garment traders belonging to economic sectors with business registration certificates, import-export code registration, or foreign investment licenses under the Law on Foreign Investment in Vietnam.
要点
- Traders shall be allocated quotas for 38 types of textile and garment products (13 double categories and 12 single categories) entering the United States market in 2003.
- Traders must have export results in 2002 and the first three months of 2003; production and export capacity of textile and garments to the United States market.
- The allocation of quotas shall be conducted openly, transparently, and reasonably, targeting the following groups: 65-70% for traders with export results in 2002 and the first three months of 2003; 23-28% for new traders participating in exports at the end of 2002 or beginning of 2003; 3% for traders signing direct production and export contracts with major American importers; 7% for traders using raw materials to produce exported goods and traders from economically disadvantaged areas with production capacity and export contracts for textile and garments to the United States in 2003.
- The deadline for quota allocation: Phase I allocates 80% by the end of May 2003 to traders exporting textile and garments to the United States who have complete documentation; Phase II allocates the remaining 20% after inspection results are available.
- Traders unable to implement the allocated quotas must return them to the Ministry of Trade for reallocation to other enterprises. If returned before October 1, 2003, they will be considered for future quota allocations; if they fail to implement the allocated quotas and do not return them, they will not be allocated corresponding quotas in the following year.
🌐 本文件的社会影响
- Positive impact: Open and transparent quota allocation provides textile and garment enterprises with opportunities to export to the United States market.
- Negative impact: Enterprises with difficulties in production and export capacity will face challenges in accessing quotas.
- Enterprises benefit from fair and transparent quota allocation.
- Citizens are not directly affected by this circular.
❓ 常见问题
How are quotas allocated?
Quotas are allocated based on export results in 2002 and the first three months of 2003; production and export capacity of textile and garments to the United States market.
What is the deadline for quota allocation?
Phase I allocates 80% by the end of May 2003 to traders exporting textile and garments to the United States who have complete documentation; Phase II allocates the remaining 20% after inspection results are available.
What should traders do if they cannot implement the allocated quotas?
Traders unable to implement the allocated quotas must return them to the Ministry of Trade for reallocation to other enterprises. If returned before October 1, 2003, they will be considered for future quota allocations; if they fail to implement the allocated quotas and do not return them, they will not be allocated corresponding quotas in the following year.
What penalties apply for violations of this circular?
If traders violate provisions of this circular, report inaccurately, or engage in trade fraud (implementing at any legal time, exploiting visas, C/Os of Vietnam to export goods produced in other countries...), depending on the severity of the violation, they may be penalized with quota reduction (if applicable), loss of quota allocation, or pursued according to the law.
What is the duration of effect of this circular?
This circular is effective until December 31, 2003.
全文
JOINT CIRCULAR
Guidelines for the allocation and implementation of quotas for textile and garment exports to the United States in 2003
vào thị trường Hoa Kỳ năm 2003
Implementing the guidance of the Prime Minister in Document No. 669/CP-KTTH dated May 21, 2003, regarding the implementation of the Vietnam - United States Textile Agreement;
Based on the Vietnam - United States Textile Agreement and the export performance in 2002 and the first three months of 2003 by traders;
Based on the production and export capacity of traders to the United States market;
The Ministry of Trade, Planning and Investment, and Industry hereby guide the allocation and implementation of textile and garment export quotas to the United States in 2003 as follows:
I. GENERAL PROVISIONS
1. Scope of application of quotas
The textile and garment export quotas to the United States include 38 types of goods (including 13 double categories and 12 single categories) specified in Appendix 1 attached to this Circular.
2. Subject entities
Traders producing textile and garment products under all economic sectors with business registration certificates, having registered import-export codes or investment licenses according to the Law on Foreign Investment in Vietnam who exported textile and garment products to the United States market in 2002 and the first three months of 2003, or have production and export capacity to the United States market.
II. REGULATIONS ON QUOTA MANAGEMENT
1. Allocation of quotas
1.1. Basis for quota allocation
- Export results in 2002 and the first three months of 2003, production capacity, and export capacity (number of workers, equipment, contracts...) based on reports from traders. In cases where the report is deemed inaccurate, the inter-ministerial monitoring team will conduct post-audit checks.
- Export contracts for apparel products using domestically produced fabrics.
- Traders in economically disadvantaged areas with production and processing contracts for textile and garment exports to the United States.
1.2. Quota allocation process
The allocation of textile and garment export quotas to the United States market shall be conducted openly, transparently, reasonably, and accurately to the intended recipients, specifically as follows:
a) Allocate 65-70% of the 2003 quota to traders based on their export results in 2002 and the first three months of 2003;
b) Allocate 23-28% of the quota to:
- Traders with large production and export capacities but who only began exporting at the end of 2002 or beginning of 2003;
- Traders who did not export in 2002 and the first three months of 2003 but have export contracts for 2003 based on their production capacity, prioritizing traders investing in modern technology and equipment for high-value textile and garment exports.
The exact ratio will be determined after the inter-ministerial monitoring team's inspection results are available.
- Allocate 3% to traders signing production and export contracts directly with major U.S. import and distribution corporations.
c) Allocate 7% of the quota to support traders using domestically produced fabrics for export production and to support traders in economically disadvantaged areas with production capacity and export contracts.
1.3. Timeframe for quota allocation
First phase: Temporarily allocate 80% of the quota:
a) By the end of May 2003 to traders already exporting or currently exporting textile and garment products to the United States with complete and valid documents according to Documents No. 0677TM/XNK dated March 18, 2003; No. 0962TM/XNK dated April 28, 2003; and No. 1024TM/XNK dated May 7, 2003 issued by the Ministry of Trade.
b) By the end of June 2003 to traders already exporting or currently exporting textile and garment products to the United States but without complete and valid documents in the first phase according to Documents No. 0677TM/XNK and No. 0962TM/XNK issued by the Ministry of Trade, and to traders who did not export in 2002 and the first three months of 2003 but have production capacity and export contracts for textile and garment exports to the United States in 2003, and have submitted reports as required by the Ministry of Trade.
Second phase: The remaining 20% of the quota will be allocated to the above two types of entities after the inspection results are available.
2. Issuance of Visa
Starting July 1, 2003, all 38 types of goods (Categories) specified in the appendix attached to this Circular must have a Visa when exported to the United States, which will be issued by the Import-Export Departments of the Ministry of Trade in Hanoi, Haiphong, Da Nang, Ho Chi Minh City, Vung Tau, and Dong Nai.
The issuance of Visas will be regulated in a separate document.
III. IMPLEMENTATION PROVISIONS
1. Effective Date
The export of textile and garment products to the United States shall be carried out based on the Ministry of Trade's notification of quota allocation effective from May 1, 2003 to December 31, 2003. This notification will be published in the Trade, Industry, and Investment newspapers and at the Import-Export Management Departments of the Ministry of Trade. Traders with the notification of quota allocation should contact the relevant Import-Export Management Departments to handle export procedures (requesting export certification or Visa). The Import-Export Management Departments of the Ministry of Trade will check the quantity of quotas already granted Export Permit (E/C) to traders from May 1, 2003 and deduct it from the quota quantity in the Ministry of Trade's notification of quota allocation according to Circular No. 1024TM/XNK dated May 7, 2003 on textile and garment export quotas to the United States market.
2. Refund
A trader who is unable to fulfill the quota assigned must submit a written return to the Ministry of Trade for allocation to other enterprises. If the enterprise returns before October 1, 2003, it will be counted towards the next year's quota; if the assigned quota portion is not fulfilled and is not returned, then the corresponding quota will not be allocated in the following year. The quota cannot be bought, sold, or transferred.
3. Quota Conversion
During the process of allocating and implementing export textile quotas, if there is a need to convert quotas between categories (Cat.), the trader must submit a written request to the Ministry of Trade for consideration and resolution in accordance with the Agreement provisions.
4. Entrustment and Acceptance of Entrustment
Entrustment and acceptance of entrustment shall be carried out in accordance with Decree No. 57/1998/NĐ-CP dated July 31, 1998, and Decree No. 44/2001/NĐ-CP dated August 2, 2001, of the Government.
The quota is only allocated to producing traders, not to traders accepting entrustment.
5. Quota Fees
Traders allocated the export garment quota to the United States are obligated to pay fees. The specific fee level is based on the Decision of the Ministry of Finance.
IV. IMPLEMENTATION PROVISIONS
1. The Ministry of Trade, the Ministry of Industry, and the Ministry of Planning and Investment shall coordinate with the Vietnam Textile and Apparel Association to implement the allocation of quotas. The results of the allocation and the implementation status of the quotas shall be announced through mass media and the website: www.mot.gov.vn of the Ministry of Trade.
2. Traders must strictly comply with the provisions of this Circular and the Agreement on Textiles signed with the United States. If a trader violates the provisions of this Circular, the Textile Agreement with the United States, provides false reports, or engages in trade fraud (illegally transshipping goods, exploiting visas, certificates of origin from Vietnam to export products manufactured in another country...), depending on the severity of the violation, they will have their quota reduced (if applicable) three times the amount of the violation; have their quota revoked, be suspended from receiving quotas, or be prosecuted according to the law.
3. The inter-ministerial team consisting of representatives from the Ministry of Trade, the Ministry of Planning and Investment, the Ministry of Industry, Customs, Commercial Departments, and the Vietnam Textile and Apparel Association shall be established by the joint ministries of Trade, Industry, Planning and Investment to oversee the implementation of the Vietnam-U.S. Textile Agreement and to inspect against trade fraud by traders.
This Circular takes effect until December 31, 2003.
关系图
点击文件即可打开。红色边框＝改变效力的关系。