Decision No. 0911/TM-XNK on entrusting 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 …;

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 of 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 request of the People's Committee of Haiphong City at Document No. 1860/CV-UB dated October 2, 1997,

Pursuant to …;

Article 1: Delegates to the Haiphong City Industrial Zone Management Board the authority to approve export and import plans and manage trade activities of enterprises operating within the industrial zones in the Haiphong City area.

Article 2: The Industrial Zone Management Board

2. Regarding the export and import of industrial goods from Haiphong City, the Ministry of Trade shall handle matters according to the following content and scope:

1. To take the lead and coordinate with the Department of Trade of Haiphong City and relevant agencies in guiding enterprises operating within the provincial industrial zones to establish export and import plans and trade activities in accordance with state regulations and the guidance of the Ministry of Trade with foreign entities:

2.1. The Haiphong City Industrial Zone Management Board shall review the 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 investment license, business license, economic and technical feasibility studies, 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 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 that engage in export and import of goods listed in the quota management 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 and import activities, and related guiding documents; currently, this includes:

- Goods listed in the quota management list or those related to national economic balances must have a permit from the Ministry of Trade.

- Goods managed by specialized agencies must have a confirmation certificate from the relevant specialized agency.

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

3.1. Sales of goods (including raw materials, spare parts) by enterprises in the domestic market to export processing zone enterprises are considered exports from Vietnam, and purchases from export processing zone enterprises are considered 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 for use within the export processing zone or export processing enterprise, and 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 between foreign-invested enterprises in industrial zones and Vietnamese enterprises operating in 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 as stipulated in Point 2 of Article 11 of the "Regulations on Industrial Zones, Export Processing Zones, and High-Tech Industrial Zones" issued pursuant to 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 Vietnam's export and import activities and must be approved by the Haiphong City 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 Law on Trade and related documents on processing with foreign traders. The Industrial Zone Management Board shall examine and approve processing contracts of enterprises in accordance with these provisions.

4.2. Industrial zone enterprises accepting processing of export goods from export processing zone enterprises shall be treated as processing with foreign traders and must comply with the above provisions.

5. Issuance of permits for temporary export-reimport or temporary import-reexport (including machines and equipment) of industrial zone enterprises in relation to foreign entities.

Business activities conducted under the temporary import-for-export model shall be carried out in accordance with Decision No. 1064/TM-PC dated August 18, 1994 of the Minister of Trade and approved by the Ministry of Trade.

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

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 Management Board of Industrial Zones of Haiphong City shall be responsible for periodically (quarterly and annually on the last day of each quarter and year) reporting 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 Management Board of Industrial Zones of Haiphong City 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 Haiphong City 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 Industrial Zones of Haiphong City, the Director of the Department of Trade of Haiphong City, and the Heads of related functional departments of the Ministry of Trade are responsible for implementing this Decision./.