Decision No. 17/2006/QĐ-BTM On delegating the performance of certain tasks to the Management Board of the International Border Economic Zone Bo Y

Pursuant to …;

On the matter of Delegating the Performance of Certain Tasks to the Management Board of the International Border Economic Zone Bo Y

International Border Economic Zone Bo Y

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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 Decision No. 217/2005/QĐ-TTg dated September 5, 2005 of the Prime Minister on the issuance of the Regulations on the organization and operation of the International Border Economic Zone Bo Y, Kon Tum Province;

Based on the proposal of the Management Board of the Border Economic Zone Bo Y in Circular No. 25/CV-BQLCKBY dated February 16, 2006,

Pursuant to …;

Article 1. Delegates to the Management Board of the International Border Economic Zone Bo Y, Kon Tum Province (hereinafter referred to as the Management Board), the performance of the following tasks:

1. Issuing Certificate of Origin Form D, Form S for businesses within the International Border Economic Zone Bo Y.

2. Issuing, amending, supplementing, and revoking Licenses for Establishing Branches of Foreign Trading Enterprises operating in the field of trade within the International Border Economic Zone Bo Y.

3. Managing import and export activities and trading activities of foreign-invested enterprises within the International Border Economic Zone Bo Y.

Article 2. The Management Board shall perform the delegation set forth in Clause 3, Article 1 of this Decision according to the following contents:

1. The Management Board reviews the import plans of foreign-invested enterprises and joint ventures based on business cooperation contracts for investment within the International Border Economic Zone Bo Y, 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 Technical Justification, technical design, and other relevant legal documents related to the management and control of import and export activities. The review of the import plan includes the following contents:

a) Approving the import plan for machinery, equipment, transportation means, materials to form fixed assets, the import plan for production raw materials, including the import for forming assets through financial leasing of foreign-invested enterprises located within the International Border Economic Zone Bo Y.

b) Approving the temporary import plan for machinery, equipment, transportation means leased from abroad that are not part of the production technology chain for the operation of foreign-invested enterprises.

c) Approving the import plan 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 the management of export and 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.

2. 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.

3. Approving the import plan for finished products to be combined with exported products of foreign-invested enterprises.

Article 3. Quarterly, the Management Board of the International Border Economic Zone Bo Y shall submit reports to the Ministry of Trade on the implementation of the contents stipulated in Article 1 of this Decision 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 shall periodically organize inspections of the implementation of the provisions in this delegation decision in accordance with the law.

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