Circular No. 49/2015/TT-BCT stipulates on the activities of producing and processing for export military uniforms for foreign armed forces.

CIRCULAR

Regulations on the production and processing for export of military uniforms for foreign armed forces

Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international trade activities and agency buying, selling, processing, and transiting goods with foreign countries;

Implementing the directive of Deputy Prime Minister Hoang Trung Hai in Document No. 5738/VPCP-KTTH dated July 23, 2015 of the Government Office concerning the production and processing for export of military equipment and uniforms for foreign countries;

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

The Minister of Industry and Trade promulgates this Circular regulating the production and processing for export of military uniforms for foreign armed forces.

Article 1. Scope of Regulation

This Circular stipulates the procedures and documents for obtaining a permit for the production and processing for export of military uniforms for foreign armed forces.

Article 2. Applicability

This Circular applies to traders producing and processing for export of military uniforms for foreign armed forces, relevant agencies, organizations, and individuals.

Article 3. Explanation of Terms

In this Circular, the term “military uniform” refers to the uniform of military personnel belonging to foreign armed forces, produced according to standardized models and specifications, and worn according to the regulations of foreign armed forces.

Article 4. General Provisions

Article 1. The production and processing for export of military uniforms for foreign armed forces shall be carried out based on a Permit for the Production and Processing for Export of Military Uniforms for Foreign Armed Forces issued by the Ministry of Industry and Trade (hereinafter referred to as the Permit) after receiving comments from the Ministry of National Defense or the Ministry of Public Security.

Article 2. Military uniforms produced and processed for export for foreign armed forces shall not be sold in Vietnam.

Article 3. Attached to this Circular is a list of military uniforms equipped for foreign armed forces (as specified in Appendix I). Textile products included in this list but not classified as military uniforms for foreign armed forces do not need to obtain a Permit from the Ministry of Industry and Trade.

Article 4. Raw materials and auxiliary materials for the production and processing for export of military uniforms for foreign armed forces are subject to customs supervision from the time of import until the military uniforms are exported from Vietnam. Processing for export shall be carried out in accordance with current regulations.

Article 5. Documents for Application for a Permit

Traders submit directly or by post one set of documents for application for a Permit to the Ministry of Industry and Trade at the address: No. 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City. The documents include:

1. One Application Form for a Permit as prescribed in Appendix II;

2. One certified true copy of the business registration certificate or enterprise registration certificate or investment certificate of the trader;

3. Two certified true copies of the purchase order or document requesting the conclusion of a contract, accompanied by two color photographs of each sample product to be produced or processed. The purchase order or document requesting the conclusion of a contract must contain at least the following information: name, address, and telephone number of the ordering party and the party accepting the order for the production and processing of military uniforms for foreign armed forces, product name, quantity, payment value or processing fee, payment deadline and method, delivery location and time;

4. One certified true copy of one of the following documents:

a) A procurement contract (purchase/sale/production/processing) signed between the party accepting the order for production and processing and the agency responsible for procurement and logistics support for foreign armed forces;

b) Confirmation of the final user unit/agency/organization of the military uniforms produced and processed in Vietnam, including at least the following information: name of the final user unit/agency/organization of the military uniforms produced and processed in Vietnam, name of the party accepting the order for production and processing, name of the Vietnamese trader, importing country, issued by one of the following agencies:

- The agency responsible for procurement and logistics support for foreign armed forces;

- The authority of the ordering country;

- The representative office of the ordering country in Vietnam;

The documents stipulated in Clause 4 of this Article must be legalized by the diplomatic mission of Vietnam in the country of origin or the Ministry of Foreign Affairs in accordance with Decree No. 111/2011/NĐ-CP dated December 5, 2011 of the Government on consular certification and legalization.

5. In cases of export to the United States, when submitting the application for the first time, the trader must also submit one certified true copy of the manufacturer code (MID code) for textile exports to the United States issued by the Regional Import-Export Management Department, the Department of Import-Export, the Ministry of Industry and Trade.

5. In case of export to the United States, when submitting the application for the first time to obtain a Permit, the trader shall additionally submit one (1) certified true copy stamped by the trader of the Document issuing Manufacturer Identification Number (MID code) for textile and garment products exported to the United States issued by the Regional Export-Import Management Office under the Department of Export Import, Ministry of Industry and Trade.

Article 6. Licensing Procedure

1. Within five (5) working days from the date of receipt of a complete and valid application file from the trader, the Ministry of Industry and Trade shall request opinions from the Ministry of National Defense or the Ministry of Public Security. In case the application file is not valid, the receiving agency shall notify the trader to amend and supplement the file.

2. Within five (5) working days from the date of receipt of the reply from the Ministry of National Defense or the Ministry of Public Security, the Ministry of Industry and Trade shall issue the License to the trader. In case of refusal to issue the License, the Ministry of Industry and Trade shall provide a written response stating the reasons.

Article 7. Reissuing, Amending, Supplementing, and Revoking the License

The trader shall submit directly or via postal service one (1) set of application files for reissuing, amending, or supplementing the License to the Ministry of Industry and Trade at the address: No. 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City.

1. In case the License is lost, misplaced, or damaged, the trader shall submit an application file for reissuing the License to the Ministry of Industry and Trade as follows:

a) One (1) Application Form for Reissuing in accordance with the model specified in Appendix III;

b) One (1) copy of the previously issued License (if available);

2. In case it is necessary to amend or supplement the License, the trader shall submit an application file for amending or supplementing the License to the Ministry of Industry and Trade as follows:

a) One (1) Application Form for Amending and Supplementing in accordance with the model specified in Appendix IV;

b) One (1) certified true copy of the previously issued License stamped by the trader;

c) One (1) certified true copy of relevant documents proving the need for amendment or supplementation stamped by the trader.

3. For cases of reissuing or amending and supplementing the License, within seven (7) working days, the Ministry of Industry and Trade shall consider issuing or amending and supplementing the License for the trader. In case of refusal to reissue or amend and supplement, the Ministry of Industry and Trade shall provide a written response stating the reasons.

4. For cases involving amendments or supplements regarding quantity, items, or importing countries, the application procedures and licensing process shall be carried out in accordance with Article 6 of this Circular.

5. The Ministry of Industry and Trade shall revoke the issued License if it discovers that the trader has provided false or inaccurate information related to the application for the License or has failed to comply with the License.

Article 8. Import Procedures for Sample Military Uniforms

1. The importation of sample military uniforms for production and processing for export to foreign armed forces shall be conducted when there is a License for producing, processing, and exporting military uniforms for foreign armed forces or a permit from the Ministry of Industry and Trade. The maximum number of samples imported per product code is five (5).

2. In case the trader has not yet obtained the License, the trader shall submit directly or via postal service one (1) set of application files for permission to import sample military uniforms for research and production and processing for export to the Ministry of Industry and Trade at the address: No. 54 Hai Ba Trung Street, Hoan Kiem District, Hanoi City. The application file includes:

a) One (1) Application Form for Importing Sample Military Uniforms in accordance with the model specified in Appendix V, accompanied by two (2) color photos per sample product;

b) One (1) certified true copy of the business registration certificate or enterprise registration certificate or investment certificate stamped by the trader.

3. Within five (5) working days from the date of receipt of a complete and valid application file from the trader, the Ministry of Industry and Trade shall request opinions from the Ministry of National Defense or the Ministry of Public Security. In case the application file is not valid, the receiving agency shall notify the trader to amend and supplement the file.

4. Within five (5) working days from the date of receipt of the reply from the Ministry of National Defense or the Ministry of Public Security, the Ministry of Industry and Trade shall provide a written response granting or denying permission to import sample military uniforms, stating the reasons.

Article 9. Responsibilities of traders

1. Carry out production, processing for export, and export of all military uniform products according to the Permit, not using military uniforms for other purposes and not consuming military uniform products in Vietnam.

2. Destroy or re-export all imported samples, excess raw materials, surplus supplies, waste materials, and by-products in accordance with current regulations.

3. Prepare conditions for the Permit Issuing Authority and related agencies to inspect the production facility after the trader has been issued the Permit.

4. Bear legal responsibility for the accuracy and honesty of declarations related to the application for the Permit.

Article 10. Effective Date

This Circular takes effect from February 5, 2016.

 

 

Appendix I

(Attached to Circular No. 49/2015/TT-BCT dated December 21, 2015

of the Ministry of Industry and Trade)

LIST

MILITARY UNIFORM PRODUCTS PERMITTED FOR PRODUCTION AND PROCESSING

FOR FOREIGN ARMED FORCES

 

Seal Registration Certificate

(Attached to Circular No. 49/2015/TT-BCT dated December 21, 2015

of the Ministry of Industry and Trade)

 

APPLICATION FOR PERMIT TO PRODUCE AND PROCESS EXPORT OF MILITARY UNIFORMS FOR FOREIGN ARMED FORCES

Respected Ministry of Industry and Trade

Name of trader:…

Business address:...Phone:...Fax:...

Contact person:...Position:...Phone:...

Production location:...

Number of workshops: ...Number of production lines:...

Number of workers:...

Investment Certificate (or Enterprise Registration Certificate or Business Registration Certificate) number...issued by...on...day...month...year...

MID Code: ...(1)

Request the Ministry of Industry and Trade to consider issuing a Permit to produce and process for export military uniforms for foreign armed forces to implement Order No....dated...day...month...year.../Contract Agreement No....dated...day...month...year...as follows:

- Importer:...located at:...

- Ordering country:...

- Importing country: ...

- Final user of military uniforms: ...

- Product name: ...

Description of sports facilities, equipment, and business areas (meeting the conditions stipulated in Decree No. …/2019/NĐ-CP dated…month …year 2019 of the Government detailing certain provisions of the Law Amending and Supplementing Certain Provisions of the Law on Physical Education and Sports): …

- Value: ...

- Port of destination:...

- Imported sample

...(2) hereby commits to comply with the provisions of Circular No.    /2015/TT-BCT dated     month    year 2015, and all relevant current regulations. If there is any violation, we will fully bear legal responsibility./.

 

Note:

(1): If the exporter exports to the United States.

(2): Write the name of the Trader.

 

Appendix III

(Attached to Circular No. 49/2015/TT-BCT dated December 21, 2015

of the Ministry of Industry and Trade)

 

APPLICATION FOR RENEWAL OF PERMIT TO PRODUCE AND

PROCESS FOR EXPORT OF MILITARY UNIFORMS

FOR FOREIGN ARMED FORCES

Respected Ministry of Industry and Trade

Name of trader:…

Business address:...Phone:...Fax:...

Contact person:...Position:...Phone:...

Production location:...

Has been issued a Permit to produce and process for export military uniforms for foreign armed forces No....dated...day...month...year...

Has been renewed (or amended, supplemented) Permit to produce and process for export military uniforms for foreign armed forces No...dated...day...month...year...(if applicable).

Requests the Ministry of Industry and Trade to reconsider issuing a new Production and Export Processing License for military uniforms for foreign armed forces, with the specific reasons as follows (specify specific reasons):

….. (name of trader) hereby solemnly declares that the reasons stated above are entirely true and will comply with the provisions of Circular No.     /2015/TT-BCT dated      month      year 2015 and all relevant current regulations. If incorrect, full responsibility will be borne under the law./.

 

 

REGULATIONS ON THE CERTIFICATE DESIGN FOR OUTSTANDING RURAL INDUSTRIAL PRODUCTS

(Attached to Circular No. 49/2015/TT-BCT dated December 21, 2015

of the Ministry of Industry and Trade)

 

APPLICATION FOR ISSUANCE OF AMENDMENT AND SUPPLEMENTATION LICENSE

PRODUCTION AND EXPORT PROCESSING OF MILITARY UNIFORMS FOR FOREIGN ARMED FORCES

Has been issued an amended and supplemented (or reissued) Production and Export Processing License for military uniforms for foreign armed forces No...dated ...month...year...(if applicable).

Respected Ministry of Industry and Trade

Name of trader:…

Business address:...Phone:...Fax:...

Contact person:...Position:...Phone:...

Production location:...

Has been issued a Permit to produce and process for export military uniforms for foreign armed forces No....dated...day...month...year...

Requests the Ministry of Industry and Trade to consider amending and supplementing the Production and Export Processing License for military uniforms for foreign armed forces with the following contents:

- Old information:...

- New information:...

with the specific reasons as follows

hereby solemnly declares that the reasons stated above are entirely true and will comply with the provisions of Circular No.    /2015/TT-BCT dated     month     year 2015 and all relevant current regulations. If incorrect, full responsibility will be borne under the law./.(specify specific reasons):

……(name of trader) APPLICATION FOR PERMISSION TO IMPORT SAMPLE GOODS

 

 

Annex V

(Attached to Circular No. 49/2015/TT-BCT dated December 21, 2015

of the Ministry of Industry and Trade)

 

FOR RESEARCH AND PRODUCTION, EXPORT PROCESSING
Requests the Ministry of Industry and Trade to consider granting permission to import sample goods for research purposes to produce and export for use by foreign armed forces, specifically as follows:.

Respected Ministry of Industry and Trade

Name of trader:…

Business address:...Phone:...Fax:...

Contact person:...Position:...Phone:...

Investment Certificate (or Enterprise Registration Certificate or Business Registration Certificate) number...issued by...on...day...month...year...

- Exporter:...with address at:...

- Country placing the order: ...

hereby solemnly declares compliance with the provisions of Circular No.    /2015/TT-BCT dated     month     year 2015. If incorrect, full responsibility will be borne under the law./.

- Final user of military uniforms: ...

- Product name: ...

Description of sports facilities, equipment, and business areas (meeting the conditions stipulated in Decree No. …/2019/NĐ-CP dated…month …year 2019 of the Government detailing certain provisions of the Law Amending and Supplementing Certain Provisions of the Law on Physical Education and Sports): …

- Value: ...

......... (name of trader) hereby solemnly declare to comply with the provisions of Circular No.     /2015/TT-BCT dated      month      year 2015. If there is any violation, we will fully bear the responsibility under the law./.