Decision No. 0467/2001/QĐ-BTM On entrusting the Management Board of Dung Quat Industrial Zone to manage import and export activities and trade activities of enterprises in the industrial zone.

DECISION

Delegate the Industrial Zone Management Board of Dung Quat to manage the import and export activities and trade operations

of enterprises within the industrial zone.

of industrial zone enterprises

   _______________________

THE MINISTER OF TRADE

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

Pursuant to the Regulations on Industrial Zones, Export Processing Zones, and High-Tech Zones issued together with Decree No. 36/CP dated April 24, 1997 of the Government;

Pursuant to the Prime Minister's Decision No. 553/TTg dated August 16, 1996 on the establishment of the Industrial Zone Management Board of Dung Quat;

Based on the proposal of the Industrial Zone Management Board of Dung Quat at Circular No. 90/CV-BDQ dated April 4, 2001,

DECISION:

Article 1: Delegate the Industrial Zone Management Board of Dung Quat (hereinafter referred to as the Management Board) to manage the import and export activities and trade operations of enterprises within the Dung Quat Industrial Zone.

Article 2: The Management Board shall examine and approve import plans and manage the trade operations of enterprises according to the following contents:

1. On import-export activities

a) For foreign-invested enterprises:

1.1 - The Management Board shall examine and approve import plans of foreign-invested enterprises and joint ventures based on business cooperation contracts operating within the Dung Quat Industrial Zone, ensuring compliance with the Law on Foreign Investment dated November 12, 1996, the Law Amending and Supplementing Certain Provisions of the Law on Foreign Investment dated June 19, 2000, Government Decree No. 24/2000/NĐ-CP dated July 31, 2000, and other relevant legal documents consistent with the Investment License, Business License, Economic and Technical Justification, technical design, and other relevant legal documents related to the management and control of import and export activities. This includes the following activities:

1.1.1 - Approving import plans and confirming exemption from import duties for machinery, equipment, transportation means, materials, spare parts for installation and investment to form fixed assets, including imports made through financial leasing by foreign-invested enterprises located in the Dung Quat Industrial Zone.

1.1.2 - Approving temporary import plans for machinery, equipment, and transportation means leased from abroad that are not part of the production line for foreign-invested enterprises.

1.1.3 - Approving import plans for raw materials and supplies for production and business operations of foreign-invested enterprises in accordance with the Investment License, consistent with Decision No. 46/2001/QĐ-TTg dated April 4, 2001 of the Prime Minister on the management of import and export goods for the period 2001-2005, and Circular No. 11/2001/TT-BTM dated April 18, 2001 of the Ministry of Trade guiding the implementation of Decision No. 46/2001/QĐ-TTg dated April 4, 2001.

1.2 - Export and import activities of export processing enterprises shall be carried out in accordance with Articles 38 and 39 of the Regulations on Industrial Zones, Export Processing Zones, and High-Tech Zones issued together with Government Decree No. 36/CP dated April 24, 1997, and Decision No. 53/1999/QĐ-TTg dated March 26, 1999 of the Prime Minister.

1.3 - Trading activities between export processing enterprises and the domestic market: carried out in accordance with Circular No. 23/1999/TT-BTM dated July 26, 1999 of the Ministry of Trade guiding Decision No. 53/1999/QĐ-TTg on trading with export processing enterprises, and Circular No. 22/2000/TT-BTM dated December 15, 2000 of the Ministry of Trade.

b) For Vietnamese enterprises:

1.4 - Export and import activities of Vietnamese enterprises within the industrial zone shall be carried out in accordance with Government Decree No. 57/1998/NĐ-CP dated July 28, 1998, Circular No. 18/1998/TT-BTM dated August 28, 1998 of the Ministry of Trade guiding the implementation of Government Decree No. 57/1998/NĐ-CP, and Decision No. 46/2001/QĐ-TTg dated April 4, 2001.

1.5 - Import of machinery, equipment, and construction materials by Vietnamese enterprises belonging to various economic sectors operating in industrial zones shall be carried out in accordance with Government Decree No. 88/1999/NĐ-CP dated September 1, 1999 on the issuance of tender regulations, Decree amending and supplementing No. 14/2000/NĐ-CP dated May 5, 2000; Government Decree No. 52/1999/NĐ-CP dated July 8, 1999 on the management of investment and construction, Decree amending and supplementing No. 12/2000/NĐ-CP dated May 5, 2000, and Government Decree No. 51/1999/NĐ-CP dated July 8, 1999 detailing the implementation of the Law on Encouraging Domestic Investment (amended). Relevant legal documents shall also apply. The Ministry of Trade shall examine and permit the import of machinery and equipment using state budget funds in accordance with the Prime Minister's Decision No. 91/TTg dated November 13, 1992.

2 - Regarding processing for export:

2.1 - Processing of goods between enterprises in the industrial zone and foreign entities shall be carried out in accordance with Government Decree No. 57/1998/NĐ-CP dated July 31, 1998 detailing the implementation of the Law on Commerce regarding export, import, processing, and agency sales of goods with foreign countries, and Circular No. 18/1998/TT-BTM dated August 28, 1998 of the Ministry of Trade guiding the implementation of Government Decree No. 57/1998/NĐ-CP, and Circular No. 22/2000/TT-BTM dated December 15, 2000 of the Ministry of Trade.

Enterprises shall directly handle procedures with customs authorities to implement processing contracts with foreign entities. The Management Board shall not approve processing contracts with foreign entities for enterprises.

2.2 - Processing of goods between enterprises in the industrial zone and export processing enterprises shall be considered as processing with foreign traders and shall be carried out in accordance with Circular No. 26/1999/TT-BTM dated August 19, 1999 of the Ministry of Trade.

Vietnamese enterprises and foreign-invested enterprises may only sign processing contracts for goods listed in the Catalogue of Prohibited Exports and Imports or Temporarily Suspended Exports and Imports after obtaining approval from the Ministry of Trade in accordance with Prime Minister's Decision No. 46/2001/QĐ-TTg dated April 4, 2001.

3 - Regarding issuance of certificates of origin:

The Management Board shall issue Certificates of Origin Form D for ASEAN countries for Vietnamese enterprises and foreign-invested enterprises within the industrial zone in accordance with the guidance of the Ministry of Trade.

Article 3: Quarterly, the Management Board shall report to the Ministry of Trade on the implementation of exports and imports by foreign-invested enterprises in accordance with the guidance of the Ministry of Trade in Circular No. 22/2000/TT-BTM dated December 15, 2000 of the Ministry of Trade.

Article 4: The Ministry of Trade shall periodically organize inspections of the implementation of the provisions in this delegation decision in accordance with the law.

Article 5: This Decision shall take effect fifteen days after the date of signature./.