Decision No. 2060/2005/QD-BTM On delegating authority to approve plans for importing finished products to combine with export products and to approve the disposal of machinery, equipment, transportation means, materials, and raw materials of foreign-invested enterprises

Pursuant to …;

Regarding the delegation of authority to approve plans for importing finished products

to combine with export products and to approve the liquidation

of machinery, equipment, transportation means, materials, and raw materials of foreign-invested enterprises

Pursuant to Decree No. 29/2004/ND-CP dated January 16, 2004 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Trade;

THE MINISTER OF TRADE

Pursuant to Decree No. 24/2000/ND-CP dated July 31, 2000 of the Government detailing the implementation of the Law on Foreign Investment in Vietnam;

After consultation with People's Committees of provinces and centrally governed cities and Management Boards of High-Tech Zones in provinces and centrally governed cities;

At the proposal of the Director of the Department of Planning and Investment,

Delegating the Management Boards of High-Tech Zones in provinces and centrally governed cities the authority to approve plans for importing finished products to combine with export products and to approve the liquidation of machinery, equipment, transportation means, materials, and raw materials of joint ventures, wholly foreign-owned enterprises, export processing enterprises, and contractual joint ventures under the management of the delegated authority.

Pursuant to …;

Article 1. The approval of plans for importing finished products to combine with export products shall be carried out in accordance with the following provisions:

Article 2. 1. Export products of foreign-invested enterprises must comply with the business fields specified in the Investment License.

2. The quantity of imported finished products (including loss rates) must be consistent with the quantity of export products of foreign-invested enterprises.

3. The value of imported finished products (calculated at CIF price) must account for less than 40% of the value of export products (calculated at FOB price).

4. The delegated authority will only process the import of finished products to combine with export products of foreign-invested enterprises after the enterprise has placed orders or entered into export contracts for products.

The approval of the liquidation shall be carried out in accordance with the provisions set forth in Circular No. 01/2005/TT-BTM dated January 6, 2005 of the Ministry of Trade guiding the liquidation of machinery, equipment, transportation means, materials, and raw materials of foreign-invested enterprises.

Article 3. The agencies mentioned in Article 1, the Head of the Ministry's Office, the Director of the Department of Planning and Investment, heads of units under the Ministry, and related organizations and individuals are responsible for implementing this Decision./.

Article 4. This Decision shall take effect fifteen days from the date of publication in the Official Gazette.

Article 5. The agencies mentioned in Article 1, the Director of the Ministry's Office, the Head of the Investment Planning Department, the Heads of units under the Ministry's agency, and related organizations and individuals are responsible for implementing this Decision./.