Decision No. 1401/2005/QD-TM Delegates the Management Board of Industrial Zones of Dak Nong Province to manage import and export activities and trade operations of enterprises within industrial zones.

Pursuant to …;

||| Granting the Management Board of Industrial Zones of Dak Nong Province authority to manage import-export activities and

 commercial activities of enterprises within industrial zones

in Dak Nong Province 

THE MINISTER OF TRADE

Pursuant to 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 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 Decision No. 50/2003/QĐ-TTg dated April 14, 2003 of the Prime Minister on the establishment of the Management Board of Industrial Zones of Dak Lak Province and Decision No. 32/2004/QĐ-TTg dated March 9, 2004 of the Prime Minister on renaming the Management Board of Industrial Zones of Dak Lak Province to the Management Board of Industrial Zones of Dak Nong Province;

At the request of the People's Committee of Dak Nong Province in Circular No. 478/TTr-UB dated March 28, 2005,

DECISION:

Article 1. Granting the Management Board of Industrial Zones of Dak Nong Province (hereinafter referred to as the Management Board) authority to manage import-export activities and commercial activities of enterprises within industrial zones in Dak Nong Province.

Article 2. The Management Board of Industrial Zones of Dak Nong Province shall examine and approve import plans and manage commercial activities of enterprises within industrial zones according to the following contents:

1. On import-export activities

a) For foreign-invested enterprises:

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 industrial zones in Dak Nong Province, ensuring compliance with the Law on Foreign Investment in Vietnam dated November 12, 1996, the Law Amending and Supplementing Certain Provisions of the Law on Foreign Investment in Vietnam 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-export activities. The examination and approval of import plans include the following types:

1.1.1. Approving import plans for machinery, equipment, transportation means, materials to form fixed assets, import plans for raw materials for production, and confirming tax exemption for machinery, equipment, transportation means, spare parts for installation to form fixed assets, including imports for forming assets through financial leasing of foreign-invested enterprises located in industrial zones in Dak Nong Province.

1.1.2. Approving temporary import plans for machinery, equipment, transportation means leased from abroad not included in the production technology chain for foreign-invested enterprises.

1.1.3. Approving import plans for materials and raw materials for production and business operations of foreign-invested enterprises in accordance with the Investment License, consistent with Decision No. 46/2001/QĐ-TTg dated April 4, 2001 of the Prime Minister on managing export-import 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/QĐ-TTg dated April 4, 2001.

1.1.4. Approving 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.

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

1.2. Export-import activities of export processing enterprises shall be carried out in accordance with Article 38 and 39 of the Regulation on Industrial Zones, 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.

1.3. Trading activities 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 Decision No. 53/1999/QĐ-TTg on trading goods with export processing enterprises, and Circulars No. 22/2000/TT-BTM dated December 15, 2000, and No. 26/2001/TT-BTM dated December 4, 2001 of the Ministry of Trade.

b) For Vietnamese enterprises:

1.4. Import-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 export-import 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.

1.5. The import of machinery, equipment, construction materials by Vietnamese enterprises belonging to various economic sectors operating in industrial zones shall be carried out in accordance with the Government's Decree No. 88/1999/NĐ-CP dated September 1, 1999 on the issuance of 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 on the Management Regulations for Investment and Construction, 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 implementation of 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. On processing goods for export:

2.1. Processing of goods between industrial zone 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 Trade 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.

The registration procedure for processing contracts is conducted at the customs checkpoint. The management board does not approve processing contracts signed with foreign entities by enterprises.

2.2. Processing of goods between industrial zone enterprises and export processing zone enterprises shall be considered as processing for 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 Catalogue of Prohibited Exports, Prohibited Imports, or Temporarily Suspended Exports, Imports, enterprises may only proceed after obtaining approval documentation from the Ministry of Trade in accordance with Decree No. 57/1998/NĐ-CP of the Government.

Article 3. Quarterly, the management board sends reports on the implementation of exports and imports by foreign-invested enterprises to the Ministry of Trade in accordance with the guidance provided by the Ministry of Trade in Circular No. 22/2000/TT-BTM dated December 15, 2000.

Article 4. The Ministry of Trade periodically conducts inspections of the implementation of the provisions in this delegation decision in accordance with the law.

Article 5. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.