Decision No. 0909/TM-XNK Regarding the delegation to provincial industrial park management boards to review plans and manage export and import activities for industrial park enterprises and export processing zone enterprises.

Pursuant to …;

concerning the delegation of authority to the Provincial Industrial Zone Management Board to examine and approve export and import 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 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 (collectively referred to as industrial zones);

Pursuant to the proposal of the People's Committee of Can Tho City at Official Letter No. 1927/CV.HC.97 dated October 13, 1997,

Pursuant to …;

Article 1: Delegates authority to the Provincial Industrial Zone Management Board of Can Tho City to examine and approve export and import plans and manage the commercial activities of enterprises within the industrial zones in the territory of Can Tho City.

Article 2: The Provincial Industrial Zone Management Board of Can Tho City shall represent 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 Can Tho City and relevant agencies in guiding enterprises within the industrial zones in the territory of Can Tho City 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 Provincial Industrial Zone Management Board of Can Tho City shall examine and approve export and import plans of foreign-invested enterprises and parties involved in joint venture contracts operating within the industrial zones to ensure compliance with the Law on Foreign Investment and related guiding documents; they must be consistent with the content of investment permits, business licenses, economic and technical justifications, and technical designs.

2.2. Vietnamese enterprises established and operating within the 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 of importing 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 the industrial zones, if engaging in export and import of goods listed under quota management or those related to national economic balances, must comply with the annual decisions of the Prime Minister on 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 from the specialized management agency.

3. Regarding trade relations between industrial zone enterprises and export processing zone enterprises with the domestic market:

3.1. Domestic market enterprises 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 products 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 within the industrial zones and Vietnamese enterprises operating within the industrial zones with domestic market enterprises shall be conducted according to regulations applicable to enterprises operating in the domestic market. Enterprises must register their plans with the Industrial Zone Management Board in accordance with Point 2 of 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 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 Provincial Industrial Zone Management Board and subject to supervision by the customs authorities according to current regulations.

4. Regarding processing goods 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 Law on Trade and related documents on processing with foreign traders. The Industrial Zone Management Board shall consider 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 considered as processing with foreign traders and must comply with the above regulations.

5. Issuance of permits for temporarily exported goods to be re-imported or temporarily imported goods to be re-exported (including machines and equipment) of enterprises within the industrial zones in relation to foreign countries.

Trading in the form of temporary import for re-export 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 temporarily imported goods to be re-exported for participation in domestic trade fairs and exhibitions by export processing zone enterprises and permits for temporarily exported goods to be re-imported for participation in overseas trade fairs and exhibitions by industrial zone enterprises, in accordance with state regulations on trade fairs and exhibitions.

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

Article 3: The Industrial Park Management Board of Can Tho Province shall be responsible for periodically reporting (quarterly and annually on the last day of each quarter and year) the consolidated situation of exports and imports of industrial zone enterprises to the Ministry of Trade in accordance with the current regulations of the Ministry of Trade.

Article 4: In case the Industrial Park Management Board of Can Tho Province 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 shall periodically organize inspections of the Industrial Park Management Board of Can Tho Province in the performance of delegated tasks and authorities 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 Director of the Industrial Park Management Board of Can Tho Province, the Director of the Department of Trade of Can Tho Province, and the Heads of related functional departments of the Ministry of Trade are responsible for implementing this Decision./.