Decision No. 1191/2002/QD-BTM On the issuance of the Tendering Regulation for quota goods in the textile and garment export market with quota regulations.

Pursuant to …;

Regarding the issuance of the Tendering Regulation for Export Quotas on Textile and Garment Products to Markets with Quota Regulations.

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;
Pursuant to Circular No. 1126/CP-KTTH dated September 21, 1998 of the Government regarding the allocation of export quotas on textile and garment products to markets with quotas;
Pursuant to Decision No. 1188/2002/QĐ-BTM dated October 4, 2002 of the Minister of Trade establishing the Tendering Board for Export Quotas on Textile and Garment Products;
Based on the proposal of the Chairman of the Tendering Board for Export Quotas on Textile and Garment Products;

Pursuant to …;

Article 1. Attached herewith is the Tendering Regulation for Export Quotas on Textile and Garment Products to Markets with Quota Regulations.

Article 2. This Decision replaces Decision No. 35/2001/QĐ-BTM dated January 11, 2001 and shall take effect fifteen days from the date of signature.

Article 3. The Chairman of the Tendering Board, members of the Tendering Board, the Director of the Office, Heads of the Department of Organization and Cadres, Heads of the Department of Import and Export, and participating enterprises are responsible for implementing this Decision.

REGULATIONS

Tendering for Export Quotas on Textile and Garment Products to Markets with Quota Regulations

(Issued together with Decision No. 1191/2002/QĐ-BTM of the Minister of Trade dated October 4, 2002)

Part 1:
GENERAL PROVISIONS

Article 1. Participants in the tendering process

1.1. Enterprises with business registration certificates that have registered enterprise codes for import and export operations or investment licenses under the Law on Foreign Investment in Vietnam with relevant industries are eligible to participate in the tendering process.

Article 2. Principles of Auction

2.1. Public tendering and opening of tenders

2.2. The Tendering Board specifies the product categories (Category - Cat.), quantities of each category, and bidding prices for each category for each tender round.

2.3. Enterprises falling within the scope defined in Article 1 may register to bid for the product categories (Cat.) put up for tender, and each Cat. may be registered for the maximum quantity as specified in the tender invitation.

Article 3. The Tendering Board

The Tendering Board consists of a leader from the Ministry of Trade as Chairperson and representatives from the Ministry of Trade, the Ministry of Industry, the Ministry of Planning and Investment, and the Ministry of Finance as members.

After obtaining opinions from relevant ministries, the Minister of Trade decides to establish the Tendering Board.

The Tendering Board is responsible for preparing, organizing the tendering process, announcing the results of the tendering, and inspecting the implementation of quotas by participating enterprises.

Part II:
PROCEDURE FOR IMPLEMENTING BIDDING

Article 4. Preparation for Bidding

4.1. The Tendering Board specifies the types of products (cat.), the quantity of tendered quotas, the method of organizing the tendering, and publishes the tender invitation (in trade newspapers such as Commerce, Investment, Industry, Finance, and on the website of the Ministry of Trade - www.mot.gov.vn).

4.2. The tender submission package includes:

1. A registration form for participation in the tender (according to Form No. 01).

2. Copies of the business registration certificate and registration of enterprise codes for import and export operations or investment licenses under the Law on Foreign Investment in Vietnam.

3. A commitment to pay the amount required to implement the quota won (according to Form No. 02).

Each enterprise must submit only one sealed tender submission package, stamped and sealed, clearly marked "Submission Package for Participation in the Quota Tendering for Textile and Garment Products."

Article 5. Tendering Implementation Process

5.1. Registration for Tendering

Enterprises participating in the tendering process that meet the conditions stipulated in Article 1 must submit their tender submissions to the Ministry of Trade. The deadline for receiving tender submissions is the end of working hours on the day before the tender opening.

5.2. The time and location for opening the tender are specified in the tender invitation.

5.3. Announcing the tendering results: no later than seven working days from the date of the tender opening, the Tendering Board will announce the tendering results in industry newspapers and notify the winning enterprises in writing.

Article 6. Criteria for Awarding the Tender

The winning enterprise is the one with the highest bid price in order until the full quantity called for each type of goods and not lower than the bidding price.

- In case multiple bids achieve the lowest winning price simultaneously, the quantity at the lowest winning price will be allocated according to the ratio of the quantities registered by the bidders for that category.

- If a winning enterprise refuses the winning result, it must notify the Tendering Board in writing within ten working days from the announcement date. The Tendering Board will assign the next highest bidder to execute if these enterprises accept. In case multiple enterprises have the same winning price, the quota quantity will be allocated according to the ratio of the quantities registered by the bidders for that category.

Article 7. Responsibilities and Benefits of Winning Enterprises

7.1. Within fourteen working days from the date of receipt of the notification of winning, the winning enterprise must deposit thirty percent of the total amount payable for the won quota into the account number 945-01-475 of the State Treasury in Hanoi; another thirty percent must be deposited three months later, and the remaining forty percent must be paid in July of the year the quota is implemented.

If the enterprise fails to make the payment within the prescribed period, the corresponding won quota quantity will automatically become invalid. These consignments will be handled by the Tendering Board according to Article 6 of this Regulation.

7.2. After depositing thirty percent of the total amount payable for the won quota as stipulated in Clause 7.1, the winning enterprises must submit proof of payment to the Ministry of Trade (Department of Import and Export) to receive the notification of allocation of the won quota. If the winning enterprise does not implement or fully implement the quota, the amount paid will not be refunded.

7.3. The won quota can only be transferred three months after the date of the winning notification. The transferring enterprise must send a written notice to the Ministry of Trade for confirmation.

Article 8. Implementation Provisions

This Regulation takes effect fifteen days from the date of issuance of the Decision and is sent to relevant ministries and state management agencies. During implementation, if there are any difficulties, relevant ministries, sectors, localities, and related units should promptly report to the Tendering Board for review and adjustment as appropriate.