Decision No. 0808/2003/QĐ-BTM On the establishment of a joint ministry supervisory team to implement the Vietnam - United States textile agreement

Pursuant to …;

Regarding the establishment of the inter-ministerial monitoring team to implement the Vietnam-U.S. Textile Agreement

_____________________

THE MINISTER OF TRADE

Pursuant to Decree No. 95/CP dated December 4, 1993 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Trade;

To implement the directive of the Prime Minister in Official Letter No. 669/CP-KTTH dated May 21, 2003 on the implementation of the Vietnam-U.S. Textile Agreement;

To implement Circular Joint No. 02/2003/TTLT/BTM-KHĐT-CN dated May 27, 2003 of the Ministry of Trade, the Ministry of Planning and Investment, and the Ministry of Industry guiding the allocation and implementation of textile export quotas to the U.S. market for 2003.

At the proposal of the Director of the Import-Export Department;

 Pursuant to …;

Article 1. Establish the Inter-Ministerial Monitoring Team to Implement the Vietnam-U.S. Textile Agreement (hereinafter referred to as the Inter-Ministerial Monitoring Team) comprising:

- The representative of the Ministry of Trade in the inter-ministerial textile management team serving as the Team Leader.

- Representative of the Europe-America Department of the Ministry of Trade.

- Representatives of the Ministry of Planning and Investment, the Ministry of Industry.

- Representative of the Customs Supervision Department under the General Customs Department.

- Representative of the Vietnam Chamber of Commerce and Industry.

- Representative of the Vietnam Textile and Apparel Association.

Article 2. Tasks of the Inter-Ministerial Monitoring Team.

1. Verify the reports of traders regarding their production capacity (number of machines, import documentation for raw materials, workers' payroll), export capacity (purchase orders, export documentation, customs declarations, transport documents...), comparing them with data from the Vietnamese and U.S. Customs, E/C and VISA data from the Export-Import Management Department of the Ministry of Trade, and Certificate of Origin (C/O) data from the Vietnam Chamber of Commerce and Industry.

2. Conduct on-site inspections at production facilities and actual export capacities according to the criteria specified in Clause 1 of this Article when there is suspicion about the reports and actual quantities of exported goods. After each inspection round, a report (according to Model Appendix 1 attached) and recommendations must be submitted to the leadership of the Ministry of Trade.

3. Study policies and measures against trade fraud in the United States and other countries to recommend their application in Vietnam.

4. Propose solutions to combat trade fraud and measures to address violations of laws related to the implementation of the Vietnam-U.S. Textile Agreement.

5. Coordinate with relevant Vietnamese agencies and U.S. Customs to propose solutions to issues arising during the implementation of the Vietnam-U.S. Textile Agreement.

6. Submit work plans of the Inter-Ministerial Monitoring Team to the leadership of the Ministry of Trade and monthly report to the leadership of the Ministry of Trade on the implementation of approved work plans.

7. To evaluate activities, the Inter-Ministerial Monitoring Team shall convene regular meetings once a month, except in cases of emergency, and plan the activities for the following month.

Article 3. Establish the City Monitoring Team to Implement the Vietnam-U.S. Textile Agreement in cities authorized to allocate quotas (hereinafter referred to as the City Monitoring Team) comprising:

- The representative of the Regional Import-Export Management Department of the Ministry of Trade serving as the Team Leader.

- Representatives of the Municipal Department of Trade. Representatives of the Municipal Customs Bureau.

- Representatives of the local branch of the Vietnam Chamber of Commerce and Industry.

- Representatives of the regional textile association.

The City Monitoring Team shall be established based on personnel decisions made by relevant agencies named in the Decision of the Minister of Trade. Organize and operate according to specific requirements of the Ministry of Trade.

Article 4. Operating expenses:

- Operating expenses of the Inter-Ministerial Monitoring Team shall be drawn from the quota fee revenue for textiles exported to the U.S. market as prescribed by the Ministry of Finance.

- Operating expenses of the City Monitoring Team shall be arranged by the managing agency.

Article 5. Implementation Provisions:

The Secretariat Director, Heads of the Organization and Cadre Affairs Department, Heads of the Import-Export Department, and other members mentioned in Article 1 are responsible for implementing this Decision.

Article 6. Effectiveness:

This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

APPENDIX 01

(Annexed to Decision No. 808 dated July 1, 2003
concerning the establishment of the Monitoring Team to enforce the Vietnam-U.S. Textile Agreement)

INSPECTION REPORT OF THE TRADER'S PRODUCTION FACILITY EXPORTING TEXTILES TO THE UNITED STATES
EXPORT OF TEXTILE AND APPAREL GOODS TO THE UNITED STATES

Full name of trader (Vietnamese name):...

Name of trader (foreign language or abbreviation if applicable):...

Address of production facility:...

Telephone:...Fax:...

Area of workshop:...

Total area:...

Number of equipment:...machines

Number of workers:...people

Number of workers who have signed labor contracts ...people

Number of workers who have not signed labor contracts...people

 1. Description of the export consignment as required by the monitoring team:

Type of goods (Category):

Quantity exported:

Year 2002...units/pairs/kg/sq.m

First Quarter 2003 ...units/pairs/kg/sq.m

Second Quarter 2003...units/pairs/kg/sq.m

Total allocated quota:...units/pairs/kg/sq.m

Remaining quota (excluding exported quantity):...units/pairs/kg/sq.m

Average productivity:...products/worker/8-hour shift

Description of goods (fabric material):

2. Description of production and processing process: (the trader is requested to submit a copy of this form)

a. Raw materials:

b. Production/processing process:

This report was prepared in...on...of...year...

 Inspection team member: