Decision No. 0735/TM-VP On delegating authority to provincial industrial park management boards to examine export and import plans and manage export and import activities for enterprises in industrial parks and export processing zones

 Pursuant to …;

Regarding the delegation of authority to provincial industrial park management boards to approve export and import plans and manage export and import activities for enterprises in industrial parks and export processing zones

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 Decree No. 33/CP dated April 19, 1994 of the Government on state management over export-import activities;

Pursuant to Decree No. 36/CP dated April 24, 1997 of the Government on the issuance of regulations for industrial parks, export processing zones, and high-tech zones (collectively referred to as industrial parks);

Pursuant to the proposal of the People's Committee of Hanoi City No. 2313/CV-UB dated September 20, 1997.

Pursuant to …;

Article 1.- Delegates authority to the Management Board of Hanoi Industrial Parks to approve export and import plans and manage the commercial activities of enterprises located within the industrial parks in Hanoi City.

Article 2.- The Management Board of Hanoi Industrial Parks shall act on behalf of the Ministry of Trade to handle matters according to the content and scope specified below:

1. To take the lead and coordinate with the Department of Trade of Hanoi City and relevant agencies in guiding enterprises in Hanoi's industrial parks to establish export and import plans and other commercial activities in accordance with state regulations and the guidance of the Ministry of Trade.

2. Regarding export and import of goods with foreign countries:

2.1. The Management Board of Hanoi Industrial Parks shall examine the export and import plans of foreign-invested enterprises and parties involved in joint venture contracts operating within the industrial parks to ensure compliance with the Law on Foreign Investment and related guiding documents; they must be consistent with the investment license, business license, economic and technical feasibility study, and technical design.

2.2. Vietnamese enterprises established under various economic sectors wishing to engage in export and import activities must obtain an export and import business license from the Ministry of Trade. In cases involving the import of machinery and equipment, they must follow Decision No. 91/TTg dated November 13, 1992 of the Prime Minister.

2.3. Export and import activities of export processing zone enterprises shall be carried out in accordance with Articles 38 and 39 of the Regulations issued pursuant to Decree No. 36/CP dated April 24, 1997.

2.4. Enterprises with foreign investment and Vietnamese enterprises operating in industrial parks that engage in export and import of goods listed in the quota-managed goods list or those related to national economic balances must comply with the annual decision of the Prime Minister regarding commodity policies and the management of export-import activities, and related guiding documents; specifically, goods listed in the quota-managed goods list or those related to national economic balances must have a permit from the Ministry of Trade.

- Goods listed under specialized management must have a confirmation certificate from the specialized management agency.

3. Regarding the purchase and sale of goods between enterprises in industrial parks and export processing zones and the domestic market:

3.1. Sales of goods (including raw materials, components, spare parts) by enterprises in the domestic market to export processing zone enterprises are considered as Vietnam's exports, and purchases of goods from export processing zone enterprises by domestic enterprises are considered as imports of Vietnam and must comply with the current export-import management mechanism.

Export processing zone enterprises may purchase foodstuffs, office supplies from the domestic market for use within the export processing zone or export processing enterprise, and may sell residual materials with commercial value from the export processing zone or export processing enterprise to the domestic market according to customs procedures.

3.2. Transactions between foreign-invested enterprises in industrial parks and Vietnamese enterprises operating in industrial parks with domestic enterprises shall be conducted in accordance with regulations applicable to enterprises operating in the domestic market. These enterprises must register their plans with the industrial park management board as stipulated in Point 2, Article 11 of the "Regulations on Industrial Parks, Export Processing Zones, and High-Tech Zones" issued by Decree No. 36/CP dated April 24, 1997 of the Government.

3.3. Transactions between export processing zone enterprises and enterprises in the same industrial park shall be considered as Vietnam's export and import activities and must be approved by the industrial park management board and subject to customs inspection and supervision according to current regulations.

4. Regarding processing for export:

4.1. Processing trade between enterprises in industrial parks and foreign entities shall be carried out in accordance with the Government's decree guiding the implementation of the Law on Commerce and related regulations on processing trade with foreign traders. The industrial park management board shall review and approve processing trade contracts of enterprises in accordance with these regulations.

4.2. Enterprises in industrial parks accepting processing trade orders from export processing zone enterprises for export shall be treated as processing trade with foreign traders and must comply with the aforementioned regulations.

5. Temporary export-reimport or temporary import-reexport permits (including machinery and equipment) for enterprises in industrial parks in their dealings with foreign entities.

Business operations under the temporary import-for-reexport scheme shall be conducted in accordance with Decision No. 1064/TM-PC dated August 18, 1994 of the Minister of Trade and must be approved by the Ministry of Trade.

6. Issuance of temporary import-reexport permits for goods of export processing zone enterprises participating in domestic trade fairs and exhibitions, and issuance of temporary export-reimport permits for goods of enterprises in industrial parks participating in overseas trade fairs and exhibitions in accordance with state regulations on trade fairs and exhibitions.

7. Issuance of certificates of origin FORM D for goods exported to ASEAN countries according to the guidance of the Ministry of Trade.

Article 3.- The Management Board of Hanoi Industrial Parks shall regularly report (quarterly and annually at the end of each quarter and year) the overall situation of export and import activities of enterprises in industrial parks to the Ministry of Trade in accordance with the current regulations of the Ministry of Trade.

Article 4.- In the event that the Management Board of Hanoi Industrial Zones violates the provisions of this delegation decision, the Ministry of Commerce shall handle it according to the extent of the violation, including revoking the delegation decision.

Article 5.- The Ministry of Commerce periodically organizes inspections of the Management Board of Hanoi Industrial Zones in the performance of tasks and powers delegated in accordance with the relevant laws.

Article 6.- This Decision shall take effect fifteen days from the date of signature. All previous regulations that conflict with this Decision are hereby abolished.

The Head of the Management Board of Hanoi Industrial Zones, the Director of Hanoi Department of Commerce, and the Heads of relevant Departments of the Ministry of Commerce are responsible for implementing this Decision.