Decision No. 1890/2003/QĐ-BTM delegates the Management Board of Ho Chi Minh City Hi-Tech Park to manage import and export activities and trade operations of enterprises within the Ho Chi Minh City Hi-Tech Park.

DECISION OF THE MINISTER OF TRADE

Delegates the Management Board of the Ho Chi Minh City High-Tech Zone to manage the import and export activities and commercial activities of enterprises within the Ho Chi Minh City High-Tech Zone.

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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;

Based on Decision No. 49/2003/QD-TTg dated April 14, 2003 of the Prime Minister regarding the establishment of the Industrial Park Management Board of Ha Tay Province;

Pursuant to Decision No. 146/2002/QĐ-TTg dated October 24, 2002 of the Prime Minister on the establishment of the Management Board of the Ho Chi Minh City High-Tech Zones under the Ho Chi Minh City People's Committee;

Based on the proposal of the Ho Chi Minh City People's Committee at Circular No. 6112/UB-VX dated November 26, 2003,

DECISION:

Article 1. Delegates the Management Board of the Ho Chi Minh City High-Tech Zone (hereinafter referred to as the Management Board) to manage the import and export activities and commercial activities of enterprises within the Ho Chi Minh City High-Tech 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 examines and approves import plans of foreign-invested enterprises and joint ventures operating within the Ho Chi Minh City High-Tech Zone based on business cooperation contracts, ensuring 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, and Decree No. 27/2003/NĐ-CP dated March 19, 2003 of the Government, and other relevant legal documents consistent with investment permits, business licenses, economic and technical justifications, technical designs, and other legal documents related to the management and control of import and export activities. This includes the following activities:

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 exemptions for machinery, equipment, transportation means, materials, and spare parts for installation and formation of fixed assets, including imports for the purpose of forming assets through financial leasing of foreign-invested enterprises operating within the Ho Chi Minh City High-Tech Zone.

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

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

1.2. Export and import activities of export processing enterprises shall be carried out in accordance with Article 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, 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: carried out 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 with export processing enterprises, and 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.

b) For Vietnamese enterprises:

1.4. Import and export activities of Vietnamese enterprises in the High-Tech Zone 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 import and export of 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. Import of machinery, equipment, construction materials by Vietnamese enterprises belonging to various economic sectors operating in high-tech zones shall be carried out in accordance with Decree No. 88/1999/NĐ-CP dated September 1, 1999 of the Government on tender 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 investment and construction management regulations, Decree No. 12/2000/NĐ-CP dated May 5, 2000 amending and supplementing Decree No. 52/1999/NĐ-CP, and Decree No. 52/1999/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 will examine and approve the import of machinery and equipment using state budget funds according to the Prime Minister's Decision No. 91/TTg dated December 13, 1992.

2. On processing goods for export:

2.1. Processing of goods between enterprises in the High-Tech Zone 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 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 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.

Enterprises directly handle procedures with customs authorities to implement processing contracts with foreign traders.

The Management Board does not approve processing contracts with foreign entities of enterprises.

2.2. Processing of goods between enterprises in the High-Tech Zone and export processing enterprises shall be considered as processing with foreign traders and shall be carried out in accordance with Circular No. 26/1999/TT-BTM dated August 19, 1999 of the Ministry of Trade.

2. 3. Vietnamese enterprises and foreign-invested enterprises shall only be permitted to enter into processing contracts for goods listed in the Catalogue of Prohibited Export Goods, Prohibited Import Goods, or Temporarily Suspended Export Goods, Import Goods, after obtaining approval in writing from the Ministry of Trade pursuant to Decision No. 46/2001/QĐ-TTg dated April 4, 2001 of the Government Prime Minister.

3. Regarding issuance of certificates of origin:

The management board issues certificates of origin for goods FORM D with ASEAN countries for Vietnamese enterprises and foreign-invested enterprises located in the High-Tech Zone in accordance with the guidance of the Ministry of Trade.

Article 3. Quarterly, the management board reports to the Ministry of Trade on the export and import activities of foreign-invested enterprises in accordance with the guidance of the Ministry of Trade as set out 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 the provisions of this authorization decision in accordance with the law.

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