Decision No. 1405/1998/QD-BTM on the issuance of the Tendering Regulation for export quotas of textile and garment products to markets with quota regulations.

DECISION OF THE MINISTER OF COMMERCE

ON THE ISSUE OF REGULATIONS FOR QUOTA BIDDING OF TEXTILE AND GARMENT PRODUCTS EXPORTED TO MARKETS WITH QUOTA LIMITS

có xuất khẩu vào thị trường có quy định hạn ngạch

 

THE MINISTER OF TRADE

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

Pursuant to Circular No. 1126/CP-KTTH dated September 21, 1998 of the Government on the allocation of quotas for textile and garment products exported to markets with quota limits;

Pursuant to Decision No. 1249/QD dated November 7, 1998 of the Minister of Commerce on the establishment of the Quota Bidding Council for Textile and Garment Products;

Based on the proposal of the Chairman of the Quota Bidding Council for Textile and Garment Products;

 

DECISION:

Article 1: The accompanying Decision promulgates the Regulations for Quota Bidding of Textile and Garment Products Exported to Markets with Quota Limits.

Article 2: This Decision takes effect from the date of signature.

Article 3: The Chairmen of the Quota Bidding Council, the Director of the Office, the Heads of the Cadre Organization Department and the Import-Export Department, and participating enterprises shall be responsible for implementing this Decision.

 

TENDERING REGULATION

QUOTA FOR TEXTILE AND GARMENT PRODUCTS EXPORTED TO MARKETS WITH
QUOTA LIMITS

(Issued together with Decision No. 1405/1998/QĐ-BTM dated November 17, 1998 of the Ministry of Commerce)
ngày 17 tháng 11 năm 1998 của Bộ Thương Mại)

PART I. GENERAL PROVISIONS

Article 1: Objectives and Conditions for Participation in Bidding

1.1- Participating enterprises in bidding are those enterprises that have business registration certificates or foreign investment licenses under the Law on Foreign Investment in Vietnam, operating in the textile and garment sector, and having implemented quotas in the previous year.

1.2- Conditions for enterprises to participate in bidding:

Enterprises directly producing and trading in textile and garment products must commit to having sufficient production equipment suitable for the goods and quantity bid, and financial capability to fulfill contracts upon winning the bid.

Having tender documents in accordance with the provisions set out in Point 4.3.

Article 2: Principles of Bidding:

2.1- Transparency in organizing and opening bids.

2.2- Based on specific conditions of each bidding round, the Bidding Council will determine the category of goods, quantity of each category, and the bidding price level for each round.

2.3- Enterprises participating in bidding may submit bids for each category up to the maximum quantity specified in the bidding invitation documents.

Article 3: Establishment of the Bidding Council:

The Bidding Council consists of representatives from the Departments of the Ministry of Commerce, Ministry of Industry, Ministry of Planning and Investment, and Ministry of Finance, chaired by the leadership of the Ministry of Commerce.

The list of official members of the Bidding Council will be announced by the leadership of the Ministry of Commerce after receiving nominations from participating Ministries. The Minister of Commerce decides on the establishment of the Bidding Council, its organizational structure, and functions. The Bidding Council is responsible for preparing, organizing, conducting the bidding process, and announcing the results of the bidding.

 

PART II - PROCEDURE FOR IMPLEMENTATION OF BIDDING

Article 4: Preparation for Bidding:

4.1.The Bidding Council specifies the location, time, goods, and quantity of quotas to be put up for bidding.

4.2.Publishing the bidding invitation (announced in industry newspapers such as Trade, Investment, Industry, and Finance).

4.3.Issue the bidding invitation documents (model as attached appendix):

Documents for participation in bidding include:

1.Bidding Invitation Notice

Category of goods (Cat.): export market:

Quantity offered for bidding, maximum quantity allowed to bid

Bidding price:

Time for bidding (time for submission of documents, time for opening bids).

2.Application for participation in bidding.

3.Copy of business registration certificate or foreign investment license according to the Law on Foreign Investment in Vietnam.

4.Company profile regarding production and trade capacity.

5.Publicly disclosed financial report of the previous year (according to the model prescribed by the Ministry of Finance).

6.Deposit for bidding as prescribed.

7.Commitment letter for deposit guaranteeing fulfillment of the winning quantity.

Article 5: Implementation process of the tender:

5.1- Registration for bidding:

Enterprises participating in bidding that meet the conditions stipulated in Article 1 must submit bidding documents (sealed and stamped) to the Ministry of Commerce within the deadline and according to the prescribed model in the bidding documents, accompanied by proof of payment of the bidding deposit. The final deadline for submitting bidding documents is before the end of working hours on the day prior to the bid opening date as announced by the Bidding Council. Enterprises can collect bidding documents at the Ministry of Commerce or request the Ministry of Commerce to send them via postal service.

5.2- Receiving bidding documents.

5.3- Opening and evaluating bids according to the time, location, and method of bidding announced in the bidding invitation documents.

5.4-Publishing the bidding results: After approval by the Chairman of the Bidding Council, the Bidding Council will publish the bidding results in industry newspapers and in writing to winning enterprises no later than seven days from the bid opening date.

Article 6: Criteria for evaluating bids:

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

In case multiple bids achieve the lowest winning price, the lowest winning quantity will be allocated proportionally based on the quantity registered by these bids.

If a winning enterprise refuses the result, it must notify the Bidding Council in writing within three days from the announcement date. The Bidding Council will assign the next highest bidder to implement if they accept. In case multiple next highest bidders have the same winning price, the quota quantity will be allocated proportionally based on the quantity registered by these bids.

Article 7: Responsibilities and Benefits of Winning Enterprises

7.1- Within one week from receiving the notification of winning, winning enterprises must pay a deposit guaranteeing the implementation of the winning quota quantity equal to 30% of the total amount the enterprise must purchase for the winning quota. The deposit is paid in the form of a "Bank Guarantee" issued by the bank where the enterprise has an account. This Bank Guarantee automatically expires when the enterprise completes the winning quota. If the enterprise does not provide the "Bank Guarantee" within the above period, the corresponding winning bid notice will automatically become invalid. These lots will be handled according to Article 6. Any enterprise failing to strictly comply with this provision will not be eligible to participate in subsequent bidding rounds.

7.2- The winning enterprises shall use the quota to enter into contracts with foreign customers. The awarded quota cannot be bought or traded.

7.3- Enterprises that do not win the bid will have their bid deposit refunded.

The winning enterprises shall transfer the bid deposit to the payment quota for the awarded quota.

Winning enterprises that do not accept the bid will not have their bid deposit refunded.

7.4- The bidder will not have the bid deposit returned in the case where the winning enterprise does not fully execute or withdraws the bid after the time specified in point 7.1.

7.5- The purchase price of the awarded quota must be paid by the enterprise before delivery of each consignment.

Article 8: Implementation Provisions

This regulation takes effect from the date of signing the Decision promulgating it and shall be sent to relevant ministries and state management agencies. Any difficulties encountered during implementation should be promptly reported to the Tender Board for review and adjustment as appropriate.

 

FORM NO. 01

Enterprise name (Please clearly write out the full Vietnamese name and abbreviation)

1.Business registration certificate (or investment license) number: date issued:

2.Head office address:

3.Telephone: Fax:

4.Telegram name:

5.Foreign currency account number:

Vietnamese currency account number:

 

Number:                                               SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

 

APPLICATION FOR PARTICIPATION IN THE TENDER

QUOTA FOR TEXTILE AND GARMENT EXPORTS TO THE EU MARKET IN 1999

Based on the tender invitation notice No. 6082/TM-XNK dated November 17, 1998 of the Tender Board, Company...requests to participate in the tender for the quota for textile and garment exports to the EU market in 1999:

The company commits to comply with the Decision on Tender Regulations for Textile and Garment Quotas No. 1405/1998/QĐ-BTM dated November 17, 1998.

...Date Month Year 199...

         Credit organization branch in province/city and basic credit cooperative…

(Signature, stamp)

 

FORM NO. 02

1.Enterprise name (Please clearly write out the full Vietnamese name and abbreviation)

2.Business Registration Certificate number: issued on:

3.Telephone: 4. Fax:

5.Telegram name:

6.Transaction address:

7.Main production base address:

8.Total existing equipment:

9.Total number of employees:

__________________________________________________

Date Month Year 199

 

PRODUCTION CAPACITY REPORT

1.Report on equipment:

2.Factory floor area

Production factory floor area (m²)

Warehouse area (including premises, excluding rented separate warehouses)

3.Location of production factory

Please specify the address of each production factory under the enterprise's ownership

 

 

 

FORM NUMBER 03

 

into markets with quota regulations

 Respectfully submitted to: The Tender Board for Textile and Garment Export Quota.

Based on Decision No. 1405/1998/QĐ-BTM dated November 17, 1998 regarding the Tender Regulations for Textile and Garment Export Quotas into markets with quota regulations.

Based on the tender invitation notice No. 6082/TM-XNK dated November 17, 1998 of the Tender Board.

Our company (full name),

Head office address:

Telephone: FAX:

Foreign currency account number:

If successful in the bid, our company commits to deposit the amount of: Vietnamese Dong (guaranteed by the Bank) as a guarantee deposit for the implementation of the quantity: pieces... (item name) under Cat. according to the provisions at point 7.1 of Decision No. 1405/1998/QĐ-BTM on Tender Regulations dated November 17, 1998.

Vietnamese currency account number:

Our company commits to comply with all regulations on import and export management by the State.

Director of the Company

1.Enterprise name (Please clearly write out the full Vietnamese name and abbreviation)

(Signature, stamp)

 

FORM NUMBER 04

2.Business Registration Certificate number: Issued on:

3.Telephone:

4.Fax:

IMPORT AND EXPORT SITUATION REPORT

5.Telegram name:

6.Transaction address:

_____________________________________

Date Month Year 199

TEXTILE AND GARMENT PRODUCTS IN 1998
I.Quota regulated markets:

Type

Implementation

Value -(USD)

Ministry of Trade

 

 

NOTICE

garment exports to the EU market in 1999
Based on Decision No. 1405/1998/QĐ-BTM dated November 17, 1998 on tender regulations for textile and garment export quotas into markets with quota regulations;

Based on Decision No. 1406/1998/QĐ-BTM dated November 17, 1998 of the Chairman of the Tender Board on the quantity, item (Cat.), and the bidding price for the quota put up for tender;

The Tender Board respectfully invites textile and garment manufacturing and trading enterprises meeting the conditions stipulated in Article 1 of the Tender Regulations, located in Hanoi and Ho Chi Minh City, to participate in the tender for textile and garment export quotas to the EU market in 1999:

1.Item: under Cat.

2.Maximum quantity offered: pieces/set.

3.The quota is valid from January 1, 1999 to December 31, 1999.

4.Bidding price: USD/piece/set.

5.Time for submission of registration documents: from December 1, 1998 to December 14, 1998.

6.Date of opening bids: December 15, 1998. At: Ministry of Trade headquarters.

7.Bid deposit: 2,000,000 Vietnamese Dong (to be deposited into the Ministry of Trade account number: 362-111-370-725 at Vietcombank Central Office).

8.Bid fee: 50,000 Vietnamese Dong (to be paid when receiving the bid documents).

9.Documents can be collected from the Ministry of Trade or requested to be sent by post from November 23, 1998. Registration for participation in the tender should be sent to:

DEPARTMENT OF FOREIGN TRADE - MINISTRY OF TRADE

21 NGO QUYEN STREET - HANOI

For further details please contact:

Telephone number: 8.264684 and 8.264687

Fax number: 8.24696

Tender Board

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