Decision No. 1250/1999/QD-BTM delegates the Management Board of Quang Nam Industrial Zones to manage import and export activities and trade operations of enterprises within industrial zones.

DECISION

Delegating the Management Board of Industrial Zones

Quang Nam to manage import-export activities and trade operations

of enterprises within industrial zones

__________________

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

Pursuant to the proposal of the People's Committee of Quang Nam Province at Circular No. 1232/TT-UB dated October 19, 1999.

Pursuant to …;

Article 1: Delegates the Management Board of Quang Nam Industrial Zones (hereinafter referred to as the Management Board) to manage export activities and trade operations of enterprises within the Quang Nam Industrial Zone.

Article 2: The Management Board examines and approves import plans and manages the commercial activities of enterprises according to the following contents:

1. On import-export activities:

a) For foreign-invested enterprises:

1.1 - The Management Board shall examine and approve the import plans of foreign-invested enterprises and joint ventures based on cooperation contracts ensuring compliance with the Law on Foreign Investment in Vietnam dated November 12, 1996 and related regulatory legal documents consistent with the Investment License, Business License, Economic and Technical Justification, technical design, and other regulatory legal documents related to the management and control of import-export activities.

1.2 - The Management Board shall not approve export plans for enterprises pursuant to Decision No. 1021/1999/QĐ-BTM dated September 1, 1999 of the Ministry of Trade regarding the abolition of export plan approval.

1.3 - The import-export activities of export processing enterprises shall be carried out in accordance with Articles 38 and 39 of the Regulations on Industrial Zones, Export Processing Zones, and High-Tech Zones issued together with Decree No. 36/CP dated April 24, 1997 of the Government.

1.4 - The purchase and sale of goods between export processing 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 the purchase and sale of goods with export processing enterprises.

b) For Vietnamese enterprises:

1.5 - The import-export activities of Vietnamese enterprises in the Industrial Zone shall be carried out in accordance with Decree No. 57/1998/NĐ-CP dated July 28, 1998 of the Government, 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 annual regulatory legal documents on the management and control of import-export goods issued by the Prime Minister.

1.6 - The import of machinery and equipment using state budget funds by Vietnamese enterprises belonging to various economic sectors operating in industrial zones shall be carried out in accordance with the Prime Minister's Decision No. 91/TTg dated December 13, 1992 and Decree No. 43/CP dated July 16, 1996 of the Prime Minister on the issuance of Bidding Regulations, Decision No. 93/CP dated August 23, 1997 on amending and supplementing certain provisions of the Bidding Regulations, Decree No. 52/1999/NĐ-CP dated July 8, 1999 on the Management and Construction Investment Regulations, and related regulatory legal documents. The Ministry of Trade shall approve and permit the implementation of these import contracts.

2. On processing goods for export:

2.1 - The processing of goods between industrial zone enterprises and foreign entities shall be carried out in accordance with the Government's Decree No. 57/1998/NĐ-CP dated July 31, 1998 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. For foreign-invested enterprises, it shall also be carried out in accordance with Clause 9.1 of Decision No. 0321/1998/QĐ-BTM dated March 14, 1998 of the Ministry of Trade.

Enterprises shall directly handle procedures with customs authorities to implement processing contracts with foreign entities. The Management Board shall not approve processing contracts with foreign entities for enterprises.

2.2 - The processing of goods between industrial zone enterprises and export processing enterprises shall be considered as processing for foreign traders and must comply with these regulations.

2.3 - Vietnamese enterprises and foreign-invested enterprises may only sign processing contracts for goods listed in the Prohibited Export and Import Goods List or temporarily suspended from export and import after obtaining approval from the Ministry of Trade.

3. On trading under the temporary import-reexport method:

a) For foreign-invested enterprises:

3.1 - Foreign-invested enterprises are not permitted to engage in trading under the temporary import-reexport method.

3.2 - The temporary import of construction equipment and subsequent reexport after completion of work shall not be counted towards the enterprise's investment capital, with the Management Board approving the list to ensure that temporarily imported equipment is used for its intended purpose and not sold in Vietnam.

3.3 - The temporary export of repair equipment and subsequent reimport; the temporary import, reexport, or temporary export and reimport of packaging containers for circulating exported and imported goods; the reimport of exported goods or reexport of imported goods not in accordance with the Contract, enterprises shall directly handle procedures with customs authorities in accordance with Joint Circular No. 23/1998/TTLT-BTM-TCHQ dated December 31, 1998 between the Ministry of Trade and the General Department of Customs.

b) For Vietnamese enterprises:

3.5 - Trading goods under the temporary import-reexport method shall be carried out in accordance with the Regulations on Trading Under the Temporary Import-Reexport Method issued together with Decision No. 1311/1998/QĐ-BTM dated October 31, 1998 of the Ministry of Trade.

4. On issuing certificates of origin:

The Management Board shall issue Form D certificates of origin for goods for ASEAN countries for Vietnamese enterprises and foreign-invested enterprises in the Industrial Zone in accordance with the guidance of the Ministry of Trade.

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 guidance of the Ministry of Trade at Decision No. 0321/1998/QĐ-BTM dated March 14, 1998 and make recommendations if necessary.

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

Article 5: THIS DECISION SHALL TAKE EFFECT 15 DAYS FROM THE DATE OF SIGNATURE./.