Decision No. 2353/2005/QĐ-BTM On entrusting the People's Committee of Gia Lai Province to manage import and export activities and trade operations of foreign-invested enterprises within the province

Pursuant to …;

Regarding the authorization for the People's Committee of Gia Lai Province to manage import and export activities and trade activities of foreign-invested enterprises within the province

THE MINISTER OF TRADE

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

Pursuant to the Prime Minister's Decision No. 233/1998/QĐ-TTg dated December 1, 1998 on the delegation of authority to issue Investment Licenses for foreign direct investment projects,

DECISION:

Article 1. Authorize the People's Committee of Gia Lai Province (hereinafter referred to as the People's Committee of the province) to manage import and export activities and trade activities of foreign-invested enterprises within the Gia Lai Province, except for enterprises located in Export Processing Zones and Industrial Parks which have been authorized by the Ministry of Trade.

Article 2. The People's Committee of the province shall examine and approve import plans and manage trade activities of foreign-invested enterprises and joint venture parties based on joint venture contracts (hereinafter referred to as foreign-invested enterprises) within the Gia Lai Province according to the following contents:

1. Examine and approve import plans of foreign-invested enterprises to ensure 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 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 other relevant legal documents related to the management and control of exports and imports. The examination and approval of import plans include the following contents:

1.1- Approve import plans and confirm exemption from import duties for machinery, equipment, transportation means, materials, and spare parts for installation and investment to form fixed assets, including the importation to form assets through financial leasing of foreign-invested enterprises.

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

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

2. Approve 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 People's Committee of the province shall report to the Ministry of Trade on the implementation of exports and imports by foreign-invested enterprises in accordance with the guidelines set forth 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./.