Decision No. 1249/2005/QĐ-BTM delegates the Management Board of Industrial Zones of Ha Tay Province to manage import and export activities and trade operations of enterprises in industrial zones.

DECISION OF THE MINISTER OF TRADE

Delegate the Industrial Park Management Board of Ha Tay Province to manage the import and export activities and commercial operations of enterprises in industrial parks.

Based on the Regulations on Industrial Parks, Export Processing Zones, and High-Tech Zones issued together with Decree No. 36/CP dated April 24, 1997 of the Government;

THE MINISTER OF TRADE

Based on Decree No. 29/2004/NĐ-CP dated January 16, 2004 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Commerce;

Based on Decision No. 49/2003/QD-TTg dated April 14, 2003 of the Prime Minister regarding the establishment of the Industrial Park Management Board of Ha Tay Province;

At the request of the People's Committee of Ha Tay Province in Circular No. 59/CV-BQL dated April 8, 2005,

Delegate the Industrial Park Management Board of Ha Tay Province (hereinafter referred to as the Management Board) to manage the import and export activities and commercial operations of enterprises within the industrial parks of Ha Tay Province.

DECISION:

Article 1. The Industrial Park Management Board of Ha Tay Province shall examine and approve import plans and manage the commercial activities of enterprises within the industrial parks according to the following contents:

Article 2. 1.1. The Management Board shall examine and approve import plans of foreign-invested enterprises and joint ventures based on business cooperation contracts for investment in Ha Tay Province's industrial parks, ensuring compliance with the Law on Foreign Investment dated November 12, 1996, the Law Amending and Supplementing Certain Provisions of the Law on Foreign Investment dated June 19, 2000, Decree No. 24/2000/NĐ-CP dated July 31, 2000, and Decree No. 27/2003/NĐ-CP dated March 19, 2003 of the Government, and other relevant legal documents consistent with the Investment License, Business License, Economic and Technical Justification, technical design, and other relevant legal documents related to the management and control of import and export activities. The examination and approval of import plans include the following types:

1. On import-export activities

a) For foreign-invested enterprises:

1.1.1. Approve import plans for machinery, equipment, transportation means, materials to form fixed assets, import plans for raw materials for production, and confirm tax exemption for imported machinery, equipment, transportation means, materials, and spare parts for installation and investment to form fixed assets, including imports for forming assets through financial leasing of foreign-invested enterprises located in Ha Tay Province's industrial parks.

1.1.2. Approve temporary import plans for machinery, equipment, transportation means leased from abroad that are not part of the production process for foreign-invested enterprises.

1.1.3. Approve import plans for materials and raw materials for production and business activities of foreign-invested enterprises in accordance with the Investment License, consistent with Decision No. 46/2001/QD-TTg dated April 4, 2001 of the Prime Minister on managing exports and imports of goods during the period 2001-2005, and Circular No. 11/2001/TT-BTM dated April 18, 2001 of the Ministry of Trade guiding the implementation of Decision No. 46/2001/QD-TTg dated April 4, 2001.

1.1.4. Approve the liquidation of machinery, equipment, transportation means, materials, and raw materials of foreign-invested enterprises in accordance with Circular No. 01/2005/TT-BTM dated January 6, 2005 of the Ministry of Trade.

1.2. The import and export activities of export processing zone enterprises shall be carried out in accordance with Article 38 and 39 of the Regulations on Industrial Parks, Export Processing Zones, and High-Tech Zones issued together with Decree No. 36/CP dated April 24, 1997 of the Government, and Decision No. 53/1999/QĐ-TTg dated March 26, 1999 of the Prime Minister.

1.1.5. Approving import plans for finished products to be combined with exported products of foreign-invested enterprises.

1.3. The purchase and sale of goods between export processing zone enterprises and the domestic market shall be implemented in accordance with Circular No. 23/1999/TT-BTM dated July 26, 1999 of the Ministry of Trade guiding Decision No. 58/1999/QĐ-TTg on purchasing and selling goods with export processing zone enterprises, and Circular No. 22/2000/TT-BTM dated December 15, 2000, and Circular No. 26/2001/TT-BTM dated December 4, 2001 of the Ministry of Trade.

1.4. The import and export activities of Vietnamese enterprises in industrial zones shall be carried out in accordance with Decree No. 57/1998/NĐ-CP dated July 28, 1998 of the Government detailing the implementation of the Law on Commerce regarding export, import, processing, and agency sales of goods with foreign countries, Decree No. 44/2001/NĐ-CP dated August 2, 2001 of the Government amending and supplementing certain provisions of Decree No. 57/1998/NĐ-CP, Decision No. 46/2001/QĐ-TTg dated April 4, 2001 of the Prime Minister on managing exports and imports of goods during the period 2001-2005, Circular No. 18/1998/TT-BTM dated August 28, 1998 of the Ministry of Trade guiding the implementation of Decree No. 57/1998/NĐ-CP, and Circular No. 20/2001/TT-BTM dated August 17, 2001 guiding the implementation of Decree No. 44/2001/NĐ-CP.

b) For Vietnamese enterprises:

1.5. The import of machinery, equipment, and construction materials by Vietnamese enterprises under various economic sectors operating in industrial parks shall be carried out in accordance with Decree No. 88/1999/NĐ-CP dated September 1, 1999 of the Government promulgating the Tendering Regulations, Decree No. 14/2000/NĐ-CP dated May 5, 2000 amending and supplementing Decree No. 88/1999/NĐ-CP, Decree No. 52/1999/NĐ-CP dated July 8, 1999 promulgating the Investment and Construction Management Regulations, Decree No. 12/2000/NĐ-CP dated May 5, 2000 amending and supplementing Decree No. 52/1999/NĐ-CP, Decree No. 07/2003/NĐ-CP dated January 30, 2003 amending and supplementing certain provisions of Decree No. 52/1999/NĐ-CP, and Decree No. 51/1999/NĐ-CP dated July 8, 1999 detailing the implementation of the Law on Encouraging Domestic Investment (amended), and other relevant legal documents. The Ministry of Trade shall examine and permit the import of machinery and equipment using state budget funds in accordance with Decision No. 91/TTg dated December 13, 1992 of the Prime Minister.

2.1. The processing of goods between industrial park enterprises and foreign entities shall be carried out in accordance with Decree No. 57/1998/NĐ-CP dated July 31, 1998 of the Government detailing the implementation of the Law on Commerce regarding export, import, processing, and agency sales of goods with foreign countries, and Circular No. 18/1998/TT-BTM dated August 28, 1998 of the Ministry of Trade guiding the implementation of Decree No. 57/1998/NĐ-CP of the Government, Circular No. 22/2000/TT-BTM dated December 15, 2000, and Circular No. 26/2001/TT-BTM dated December 4, 2001 of the Ministry of Trade, and Circular No. 20/2001/TT-BTM dated August 17, 2001 of the Ministry of Trade guiding the implementation of Decree No. 44/2001/NĐ-CP.

2. On processing goods for export:

The registration procedures for processing contracts shall be conducted at the customs office. The Management Board shall not approve processing contracts signed with foreign entities by enterprises.

The procedure for registering processing contracts shall be carried out at the Customs checkpoint. The Management Board shall not approve processing contracts signed with foreign countries by enterprises.

2.2. Processing of goods between industrial zone enterprises and export processing zone enterprises shall be considered as processing with foreign traders and shall be implemented in accordance with Circular No. 26/1999/TT-BTM dated August 19, 1999 of the Ministry of Trade.

2.3. For processing contracts involving goods listed in the Prohibited Export and Import List or temporarily suspended from export and import, enterprises may only proceed after obtaining approval in writing from the Ministry of Trade pursuant to Decree No. 57/1998/NĐ-CP of the Government.

Article 3. Quarterly, the Management Board shall report to the Ministry of Trade on the implementation of exports and imports by foreign-invested enterprises in accordance with the guidelines set forth in Circular No. 22/2000/TT-BTM dated December 15, 2000 of the Ministry of Trade.

Article 4. The Ministry of Trade shall periodically inspect the implementation of the provisions of this authorization decision in accordance with the law.

Article 5. This Decision takes effect fifteen days after its publication in the Official Gazette./.