Decision No. 0908/TM-XNK Regarding the delegation to provincial industrial park management boards to review plans and manage export and import activities for enterprises in industrial parks and export processing zones.

Pursuant to …;

Regarding the delegation of authority to the Provincial Industrial Zone Management Board to approve plans and manage export and import activities for industrial zone enterprises and export processing 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 Decree No. 33/CP dated April 19, 1994 of the Government on state management of export and import activities;

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

Pursuant to the proposal of the People's Committee of Dong Nai Province at Circular No. 3360/UBT dated August 9, 1997,

Pursuant to …;

Article 1: Delegates authority to the Dong Nai Provincial Industrial Zone Management Board to approve export and import plans and manage the commercial activities of enterprises within industrial zones located in Dong Nai Province.

Article 2: The Dong Nai Provincial Industrial Zone Management Board shall act on behalf of the Ministry of Trade to handle matters according to the following content and scope:

1. To take the lead and coordinate with the Dong Nai Provincial Department of Trade and relevant agencies to guide enterprises within industrial zones in Dong Nai Province to establish export and import plans and commercial 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 Dong Nai Provincial Industrial Zone Management Board shall examine and approve export and import plans of foreign-invested enterprises and parties involved in joint venture contracts operating within industrial zones 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. Vietnamese enterprises established and operating within industrial zones wishing 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 zone 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 Vietnamese enterprises operating within industrial zones, 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; currently, this includes:

- 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 trade relations between industrial zone enterprises and export processing zone enterprises with the domestic market:

3.1. Enterprises in the domestic market selling goods (including raw materials, components, spare parts) to export processing zone enterprises are considered as exports from Vietnam, and purchasing goods from export processing zone enterprises is considered as imports to Vietnam and must comply with current export and import management mechanisms;

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

3.2. Trading activities between foreign-invested enterprises within industrial zones and Vietnamese enterprises operating within industrial zones with enterprises in the domestic market shall be conducted according to regulations applicable to enterprises operating in the domestic market. These enterprises must register their plans with the Industrial Zone Management Board in accordance with 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. Trading activities between export processing zone enterprises and industrial zone enterprises within the same industrial zone shall be considered as Vietnam's export and import activities and must be approved by the Dong Nai Provincial Industrial Zone Management Board and subject to supervision by the customs authorities according to current regulations.

4. Regarding processing for export:

4.1. Processing of goods between industrial zone enterprises and foreign entities shall be carried out in accordance with the Government's decree guiding the implementation of the Commercial Law and related documents on processing with foreign traders. The Industrial Zone Management Board shall review and approve processing contracts of enterprises in accordance with these provisions.

4.2. Industrial zone enterprises accepting processing of goods for export from export processing zone enterprises shall be treated 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 machines and equipment) of enterprises within industrial zones in relation to foreign countries.

Business activities conducted under the temporary import for re-export scheme shall be carried out according to 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 sent by export processing zone enterprises to participate in domestic trade fairs and issuance of permits for temporary export-reimport of goods sent by industrial zone enterprises to participate in international trade fairs according to state regulations on trade fairs.

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 Industrial Zones of Dong Nai Province shall be responsible for periodically (quarterly and annually on the last day of each quarter and year) reporting the consolidated export and import situation of enterprises in industrial zones to the Ministry of Commerce in accordance with the current regulations of the Ministry of Commerce.

Article 4: In case the Management Board of Industrial Zones of Dong Nai Province violates the provisions of this Delegation Decision, the Ministry of Commerce will handle it according to the degree of violation, including revoking the Delegation Decision.

Article 5: The Ministry of Commerce shall periodically organize inspections of the Management Board of Industrial Zones of Dong Nai Province in the performance of tasks and authorities 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 Industrial Zones of Dong Nai Province, the Director of the Department of Commerce of Dong Nai Province, and the Heads of related functional departments of the Ministry of Commerce are responsible for implementing this Decision./.