Decision No. 0904/TM-XNK on entrusting the Provincial Industrial Park Management Board to examine plans and manage export and import activities for industrial park enterprises and export processing zone enterprises.

 Pursuant to …;

Regarding the delegation of authority to the Management Board of provincial industrial zones and export processing zones to examine plans and manage export and import activities for enterprises in industrial zones 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 and import activities;

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

Pursuant to the proposal of the People's Committee of Binh Duong Province at Circular No. 2941/CV-UB dated October 3, 1997,

Pursuant to …;

Article 1: Delegates authority to the Management Board of the Vietnam-Singapore Industrial Park to examine export and import plans and manage trade activities of enterprises within the Vietnam-Singapore Industrial Park (hereinafter referred to briefly as industrial park enterprises) in Binh Duong Province.

Article 2: The Management Board of the Vietnam-Singapore Industrial Park shall act on behalf of the Ministry of Trade to handle matters according to the content and scope prescribed below:

1- To take the lead in coordinating with the Department of Trade of Binh Duong Province and relevant agencies to guide industrial park enterprises in the Vietnam-Singapore Industrial Park to establish export and import plans and trade activities in accordance with state regulations and guidance from the Ministry of Trade.

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

2.1- The Management Board of the Vietnam-Singapore Industrial Park shall examine export and import plans of foreign-invested enterprises and parties involved in joint venture contracts operating within the industrial zone to ensure compliance with the Law on Foreign Investment and related guiding documents; they must be consistent with the content of investment licenses, business licenses, economic and technical justifications, and technical designs.

2.2- Domestic enterprises established and operating within the industrial zone that wish to engage in export and import activities must have an export and import business license issued by 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 enterprises shall be carried out in accordance with Articles 38 and 39 of the Regulations promulgated together with Decree No. 36/CP dated April 24, 1997.

2.4- Foreign-invested enterprises and domestic enterprises operating within the industrial zone, if exporting or importing goods listed under quota management or those related to national economic balances, must comply with the annual decisions of the Prime Minister regarding commodity policies and the management of export and import activities, and related guiding documents; specifically, currently:

- Goods listed under quota management 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 industrial park enterprises and export processing enterprises and the domestic market:

3.1- Domestic enterprises selling goods (including raw materials, components, spare parts) to export processing enterprises are considered as exports from Vietnam, and purchasing goods from export processing enterprises is considered as imports to Vietnam and must comply with the current export and import management mechanism;

Export processing enterprises may purchase rice, foodstuffs, office supplies from the domestic market into the export processing zone or export processing enterprise for their own use; they may sell scrap materials with commercial value from the export processing zone or export processing enterprise to the domestic market according to customs procedures.

3.2- Transactions of goods between foreign-invested enterprises within the industrial zone and domestic enterprises operating within the industrial zone with domestic enterprises shall be conducted according to regulations applicable to enterprises operating in the domestic market. Enterprises must register their plans with the Management Board of the Vietnam-Singapore Industrial Park pursuant to Point 2, Article 11 of the "Regulations on Industrial Zones, Export Processing Zones, and High-Tech Industrial Zones" promulgated by Decree No. 36/CP dated April 24, 1997 of the Government.

3.3- Transactions between export processing enterprises and industrial park enterprises within the same industrial zone shall be considered as Vietnam's export and import activities and must be approved by the Management Board of the Vietnam-Singapore Industrial Park and subject to supervision by customs authorities according to current regulations.

4. Regarding processing goods for export:

4.1- Processing of goods between industrial park enterprises and foreign entities shall be carried out in accordance with the Government's decree guiding the implementation of the Law on Commerce and related documents concerning processing with foreign traders. The Management Board of the Vietnam-Singapore Industrial Park shall consider and approve processing contracts of enterprises in accordance with these regulations.

4.2- Industrial park enterprises accepting processing of goods for export from export processing enterprises shall be considered as processing with foreign traders and must comply with the above regulations.

5. Issuance of permits for temporary export-reimport or temporary import-reexport (including machinery and equipment) of enterprises within the industrial zone in foreign relations.

Business activities conducted under the temporary import-for-reexport scheme shall be carried out 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 permits for temporary import-reexport of goods of export processing enterprises participating in domestic trade fairs and exhibitions and permits for temporary export-reimport of goods of industrial park enterprises participating in international trade fairs and exhibitions in accordance with state regulations on trade fairs and exhibitions.

7. Issuing the Certificate of Origin FORM D for ASEAN countries in accordance with the guidelines of the Ministry of Trade.

Article 3: The Vietnam-Singapore Industrial Park Management Board is responsible for periodically reporting (quarterly and annually at the end of each quarter and year) the consolidated export and import situation of industrial park enterprises to the Ministry of Trade in accordance with the current regulations of the Ministry of Trade.

Article 4: In case the Vietnam-Singapore Industrial Park Management Board violates the provisions of this delegation decision, the Ministry of Trade will handle it according to the degree of violation, including revoking the delegation decision.

Article 5: The Ministry of Trade periodically organizes inspections of the Vietnam-Singapore Industrial Park Management Board in the performance of tasks and powers delegated in accordance with the provisions of the law.

Article 6: This Decision shall take effect fifteen days from the date of signature. All previous regulations contrary to this Decision are hereby abolished.

The Director of the Vietnam-Singapore Industrial Park Management Board, the Director of the Department of Trade of Binh Duong Province, and the Heads of relevant functional departments of the Ministry of Trade are responsible for implementing this decision./.