Decision No. 139/2001/QÐ-BTC promulgates the Regulation on the collection and use of fees for maintenance and repair of infrastructure in the Tan Thuan Export Processing Zone.

GENERAL PROVISIONS

Article 1:

The Joint Venture Construction and Operation Company of the Tân Thuận Export Processing Zone (hereinafter referred to as the Company) shall collect fees for maintenance and preservation of infrastructure (hereinafter referred to as fees) from enterprises within the Tân Thuận Export Processing Zone in accordance with Article 100 of the Charter of the Tân Thuận Export Processing Zone issued together with Decision No. 1588/HTĐT-PC dated November 5, 1992 of the Minister, Chairman of the State Committee on Cooperation and Investment (now the Ministry of Planning and Investment).

Article 2:

1.

The purpose of collecting fees by the Company is as follows:

- To create financial resources to implement maintenance and preservation activities of infrastructure within the Tân Thuận Export Processing Zone to ensure the smooth operation of enterprises within the zone throughout its existence.

- To create funds for the activities of the Management Board of Industrial Parks and Export Processing Zones of Ho Chi Minh City (hereinafter referred to as the Management Board) to improve the quality of services provided to investors within the Management Board's jurisdiction.

2. The contents of maintenance and preservation activities of infrastructure carried out by the Company using the collected fees as stipulated in these Regulations must be agreed upon with the Management Board.

Article 3:

1.

The amount of fees paid by enterprises within the zone in accordance with the notification shall be considered as legitimate business expenses and deductible when determining taxable income from corporate income tax.

2. Fees for maintenance and preservation of infrastructure collected by the Company are exempt from tax. The Company does not include such fees in its annual revenue.

Article 4:

1.

The Company shall maintain separate accounting books to reflect the collection, distribution, and use of fees.

2. The currency used for the distribution and use of fees is the Vietnamese Dong. If foreign currency transactions occur, they shall be converted into Vietnamese Dong based on the average inter-bank exchange rate between Vietnamese Dong and foreign currency published by the State Bank of Vietnam at the time of occurrence.

3. The fiscal year runs from January 1 to December 31 of each calendar year.

COLLECTION OF FEES FOR MAINTENANCE AND PRESERVATION OF INFRASTRUCTURE

Article 5:

1.

Fees for maintenance and preservation of infrastructure are determined by multiplying the export turnover and/or service turnover (hereinafter collectively referred to as export turnover) of enterprises within the zone by the corresponding percentage in the table of progressive fee rates.

2. The maximum fee for maintenance and preservation of infrastructure (in absolute value) that an enterprise within the zone must pay in a year shall not exceed 10% of the total fees that all enterprises within the zone must pay in that year.

Article 6:

The table of progressive fee rates is determined based on the following principles:

- Progressive reduction;

- The maximum fee rate in the table of progressive fee rates shall not exceed 0.3% of export turnover;

- It may be adjusted downward if the total export turnover of the zone increases by more than 30% compared to the export turnover used as the basis for determining the current table of progressive fee rates.

Article 7:

1.

The Company has the responsibility to organize the collection of fees from enterprises within the zone. The procedures and formalities for the collection and payment of fees are agreed upon and coordinated with the Management Board. The collection and payment of fees must be publicly announced to all investors.

2. Enterprises have the obligation to fully pay the fees as notified by the Company. In case of any issues, enterprises have the right to report to the Management Board for research and resolution.

3. When collecting fees, the Company must issue a receipt to enterprises in accordance with Form No. 01-TT promulgated together with Decision No. 1141 TC/QĐ/CĐKT dated November 1, 1995 of the Minister of Finance. This receipt is a valid document confirming the payment of fees by enterprises within the zone.

Article 8:

Annually, the Company shall prepare a plan for the collection of fees (detailed by quarter, six months, and the whole year) and submit it to the Management Board for review and approval before implementation. During the implementation process, if there is a need to adjust the collection plan, the Company shall prepare an adjustment plan and submit it to the Management Board for review and approval.

DISTRIBUTION AND USE OF FEES FOR MAINTENANCE AND PRESERVATION OF INFRASTRUCTURE

Article 9:

1.

The Company shall distribute the collected fees as follows:

- Not more than one-third (1/3) of the fees shall be transferred to the Management Board for use in its activities;

- Not less than two-thirds (2/3) of the fees shall remain with the Company for use in the maintenance and preservation of infrastructure in the Tân Thuận Export Processing Zone.

2. The specific ratio for dividing fees shall be agreed upon by the Management Board and Company Tan Thuan based on actual fee collection and usage, and must be reported to the Ministry of Finance before implementation.

3. Based on the monthly maintenance and infrastructure preservation fees collected, within the first ten days of the following month, Company Tan Thuan shall temporarily transfer to the account opened at the State Treasury of Ho Chi Minh City the portion of fees that the Management Board is entitled to according to the agreed ratio.

4. At the end of each fiscal year, Company Tan Thuan and the Management Board shall settle accounts regarding the collection and division of fees.

Article 10:

1.

Company Tan Thuan shall use the allocated fees for the maintenance and preservation of infrastructure within the Tan Thuan Export Processing Zone in accordance with the agreed tasks and contents exchanged and agreed upon with the Management Board to maintain normal operation of the infrastructure to serve businesses.

2. The Management Board's management and utilization of the allocated fees shall comply with the regulations stipulated by the Ministry of Finance.

Article 11:

1.

Annually, Company Tan Thuan shall prepare and submit to the Management Board for review and approval a plan for using fees for maintenance and preservation of infrastructure within the Tan Thuan Export Processing Zone as specified in Article 2 of this Regulation.

2. During the implementation of the plan, if there arise unexpected needs for maintenance and preservation of infrastructure (outside the planned schedule) or significant changes in the implementation of the plan, the company shall be responsible for preparing supplementary or adjustment plans and notifying the Management Board for review and approval.

Article 12:

1.

Company Tan Thuan shall use the collected fees for infrastructure maintenance and preservation according to the approved plan by the Management Board. Every six months and annually, Company Tan Thuan shall report to the Management Board on the implementation of the fee usage plan.

2. Company Tan Thuan shall record detailed expenses for infrastructure maintenance and preservation in the accounting books in accordance with Article 4 of this Regulation.

Article 13:

1.

Company Tan Thuan shall open a separate account at a domestic commercial bank operating in the city (referred to as the fee accumulation account) to monitor and manage the annual surplus or deficit of fees collected and utilized.

2. The annual surplus or deficit of fees collected by Company Tan Thuan shall be deposited into the fee accumulation account.

3. The balance in the fee accumulation account may only be used for infrastructure maintenance and preservation activities in the Tan Thuan Export Processing Zone after written approval from the Management Board.

4. The Management Board shall jointly determine with Company Tan Thuan the amount to be deposited into the fee accumulation account as stipulated in Clause 2 of this Article and supervise the use of the balance in the fee accumulation account of Company Tan Thuan.

REGIME OF PUBLIC DISCLOSURE OF FEES COLLECTION AND UTILIZATION FOR INFRASTRUCTURE MAINTENANCE AND PRESERVATION BY COMPANY TAN THUAN

Article 14:

The collection and utilization of fees at Company Tan Thuan must be audited annually and disclosed to investors in accordance with the provisions below:

1. Content of Disclosure: Within ninety days at the latest after the end of the fiscal year, Company Tan Thuan shall be responsible for reporting to the Management Board (submitting along with the audited financial report) the following contents:

+ The situation and results of implementing the annual fee collection plan;

+ The situation and results of implementing the annual maintenance and preservation plan for infrastructure;

+ The balance of the fee accumulation account as of December 31.

2. Form of Disclosure: Within fifteen days at the latest after receiving the notification from Company Tan Thuan, the Management Board shall verify the accuracy of the data and publicly disclose the above contents to investors in the zone; simultaneously sending to the Ministry of Finance.

The disclosure contents shall be posted at the headquarters of Company Tan Thuan, the Management Board's headquarters, and sent to each enterprise in the zone.

IMPLEMENTING PROVISIONS

Article 15:

The Management Board shall be responsible for:

- Agreeing with Company Tan Thuan on the progressive fee rate table and publicly announcing it to enterprises in the zone; while reporting to the Ministry of Finance.

- Cooperating with Company Tan Thuan in organizing fee collection and dividing the collected fees.

- Reviewing, approving, and supervising the implementation of the plan for using fees for infrastructure maintenance and preservation by Company Tan Thuan.

- Guiding Company Tan Thuan to fully and timely implement the disclosure contents as stipulated in Clause 1, Article 13 of this Regulation.

- Promoting to ensure investors understand the purpose and benefits of fee collection and utilization. Receiving and resolving investors' requests and inquiries.

- Promptly identifying any issues arising during implementation and proposing solutions to the Ministry of Finance.

- Implementing the reporting system as required by the Ministry of Finance.

Article 16:

Company Tan Thuan shall be responsible for:

- Organizing fee collection, division, and utilization in accordance with the provisions of this Regulation.

- Promoting to ensure investors understand the purpose and benefits of fee collection and utilization. Receiving and resolving investors' requests and inquiries.

- Exchanging and agreeing with the Management Board on the matters related to fee collection, division, and utilization as stipulated in this Regulation.

- Promptly identifying any issues arising during implementation and proposing solutions to the Management Board and the Ministry of Finance.

- Implementing the reporting system as required by the Ministry of Finance.

Article 17:

1.

Prior to implementing this Regulation, Company Tan Thuan shall settle all activities related to fee collection, division, and utilization at Company Tan Thuan from the time the fee collection system was implemented until December 31, 2001, with the Management Board.

2. The surplus or deficit of fees as settled, Company Tan Thuan shall deposit into the fee accumulation account as stipulated in Article 12 of this Regulation.

Article 18:

In the course of implementation, if any issues arise beyond their authority to resolve, the Management Board and Company Tan Thuan shall report to the Ministry of Finance for review and resolution.