Decision No. 2278/2005/QĐ-BTM on entrusting the Management Board of Dung Quat Economic Zone to manage import and export activities and trade operations of foreign-invested enterprises within the Dung Quat Economic Zone

DECISION OF THE MINISTER OF TRADE

Regarding the delegation to the Management Board of the Dung Quất Economic Zone to manage import and export activities and trade activities of foreign-invested enterprises within the Dung Quất Economic Zone

activities of import and export and commercial operations of enterprises with foreign investment in the Dung Quất Economic Zone

business with foreign direct investment in the Dung Quat economic zone

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 Prime Minister's Decision No. 50/2005/QĐ-TTg dated March 11, 2005 on the establishment and issuance of regulations for the operation of the Dung Quất Economic Zone in Quang Ngai Province and Decision No. 72/2005/QĐ-TTg dated April 5, 2005 on the establishment and definition of functions, tasks, powers, and organizational structure of the Management Board of the Dung Quất Economic Zone;

In accordance with the proposal of the Management Board of the Dung Quất Economic Zone at Circular No. 362/BQL-TMXNK dated August 16, 2005,

DECISION:

Article 1. Delegates to the Management Board of the Dung Quất Economic Zone (hereinafter referred to as the Management Board) the management of import and export activities and trade activities of foreign-invested enterprises within the Dung Quất Economic Zone.

Article 2. The Management Board shall examine and approve import plans and manage the trade activities of foreign-invested enterprises within the Dung Quất Economic Zone as follows:

1. The Management Board shall examine and approve import plans of foreign-invested enterprises and joint venture parties based on business cooperation investment contracts within the Dung Quất Economic Zone, 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 and export activities. The examination and approval of import plans include the following contents:

1.1 Approving import plans for machinery, equipment, transportation means, materials to form fixed assets, import plans for raw materials for production, and confirming exemption from import tax for machinery, equipment, transportation means, materials, and spare parts for installation and investment to form fixed assets, including imports to form assets through financial leasing of foreign-invested enterprises located within the Dung Quất Economic Zone.

1.2 Approving temporary import plans for machinery, equipment, and transportation means leased from abroad that are not part of the production line for the operation of foreign-invested enterprises.

1.3 Approving import plans for materials and raw materials for production and business operations of foreign-invested enterprises according to the Investment License in accordance with Decision No. 46/2001/QĐ-TTg dated April 4, 2001 of the Prime Minister on the management of 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/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. Approve import plans for finished products to be combined with exported products of foreign-invested enterprises.

Article 3. Quarterly, the Management Board shall report to the Ministry of Trade on the implementation of exports and imports of foreign-invested enterprises in accordance with the guidance of the Ministry of Trade 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 in this delegation decision in accordance with the law.

Article 5. This Decision takes effect 15 days after its publication in the Official Gazette and replaces Decision No. 0467/2001/QĐ-BTM dated May 8, 2001 of the Ministry of Trade regarding the delegation to the Management Board of the Dung Quat Industrial Park to manage import and export activities and trade activities of industrial park enterprises.