Decision No. 0910/TM-XNK 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.

Pursuant to …;

concerning the delegation of authority to the Provincial Industrial Zone Management Board to 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 Binh Duong Province at Document No. 2942/CV-UB dated October 8, 1997,

Pursuant to …;

Article 1: Delegates authority to the Binh Duong Provincial Industrial Zone Management Board to approve export and import plans and manage trade activities of enterprises within the industrial zones in Binh Duong Province

Article 2: The Binh Duong Provincial Industrial Zone Management Board 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 Binh Duong Province and relevant agencies in guiding enterprises within the industrial zones in Binh Duong Province to establish export and import plans and other trading 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 Binh Duong Provincial Industrial Zone Management Board shall review export and import plans of foreign-invested enterprises and parties involved in joint venture contracts operating in 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 in 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 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 in the 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; 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 transactions between industrial zone enterprises and export processing zone enterprises and 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 scrap 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. Transactions between foreign-invested enterprises in the industrial zones and Vietnamese enterprises operating in the 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 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 are considered as Vietnam's export and import activities and must be approved by the Binh Duong 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 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 Commerce and related documents on processing goods with foreign traders. The Industrial Zone Management Board shall examine and approve processing contracts of enterprises in accordance with these regulations.

4.2. Industrial zone enterprises accepting processing of goods for export from export processing zone enterprises shall be treated as processing goods for 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 in the industrial zones in relation to foreign countries.

Trading activities 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 of export processing zone enterprises participating in domestic trade fairs and issuance of permits for temporary export-reimport of goods of industrial zone enterprises participating 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 Binh Duong 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 enterprises in industrial zones to the Ministry of Trade in accordance with the current regulations of the Ministry of Trade.

Article 4: In case the Management Board of Industrial Zones of Binh Duong Province violates the provisions of this Delegation Decision, the Ministry of Trade will handle it according to the level of violation, including revoking the Delegation Decision.

Article 5: The Ministry of Trade shall periodically organize inspections of the Management Board of Industrial Zones of Binh Duong 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 Binh Duong Province, the Director of the Department of Trade of Binh Duong Province, and the Heads of related Departments of the Ministry of Trade are responsible for implementing this Decision.