Decision No. 16/2006/QD-BTM On delegating authority to the Management Board of Hoa Lac High-Tech Park to manage import and export activities and trade operations of foreign-invested enterprises within the Hoa Lac High-Tech Park

Pursuant to …;

Regarding the Delegation of Authority to the Hoa Lac High-Tech Park Management Board to Manage Import and Export Activities and Commercial Operations of Foreign-Invested Enterprises within the Hoa Lac High-Tech Park

activities of import and export and commercial operations of enterprises with

foreign direct investment in Hoa Lac High-Tech Park

__________________

THE MINISTER OF TRADE

On the basis of Decree No. 29/2005/NĐ-CP dated January 16, 2004 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Trade;

On the basis of the Industrial Zone, Export Processing Zone, and High-Tech Zone Regulation issued together with Decree No. 36/CP dated April 24, 1997 of the Government;

On the basis of Decision No. 10/2000/QĐ-TTg dated January 18, 2000 of the Prime Minister on the establishment of the Hoa Lac High-Tech Park Management Board under the Ministry of Science, Technology, and Environment;

In accordance with the proposal of the Ministry of Science and Technology at Circular No. 689/BKHCN-CNCHL dated March 27, 2006, and of the Hoa Lac High-Tech Park Management Board at Circular No. 79/CNCHL-TĐPC dated March 15, 2006.

Pursuant to …;

Article 1. Delegates authority to the Hoa Lac High-Tech Park Management Board (hereinafter referred to as the Management Board) to manage import and export activities and commercial operations of foreign-invested enterprises and joint ventures based on business cooperation contracts for investment within the Hoa Lac High-Tech Park (hereinafter referred to as foreign-invested enterprises).

Article 2. The Management Board shall examine and approve import plans and manage commercial activities of foreign-invested enterprises as follows:

1. Approve import plans of foreign-invested enterprises to ensure 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, Decree No. 27/2003/NĐ-CP dated March 19, 2003, and Decree No. 12/2006/NĐ-CP dated January 23, 2006 of the Government, and other relevant regulatory legal documents consistent with the Investment License, Business License, economic and technical explanations, and technical design. The examination and approval of import plans include the following contents:

1.1. Approve import plans for machinery, equipment, transportation means, construction materials, spare parts for installation and investment to create fixed assets, including financial leasing imports.

1.2. Approve temporary import plans for machinery, equipment, transportation means leased from abroad that are not part of the production technology chain to serve the operations of foreign-invested enterprises.

1.3. Approve import plans for raw materials and supplies for production and business operations of foreign-invested enterprises.

2. Approve the liquidation of machinery, equipment, transportation means, materials, and supplies of foreign-invested enterprises according to Circular No. 01/2005/TT-BTM dated January 6, 2005 of the Ministry of Trade.

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

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

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