Decision No. 37/2006/QĐ-BTM On delegating certain tasks to the Management Board of Nghi Son Economic Zone, Thanh Hoa Province

Pursuant to …;

Regarding the delegation of certain tasks to the Management Board

of the Nghi Son Economic Zone in Thanh Hoa Province

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 Trade;

Pursuant to Decision No. 102/2006/QĐ-TTg dated May 15, 2006 of the Prime Minister on the establishment and issuance of the operational regulations of the Nghi Son Economic Zone in Thanh Hoa Province;

Pursuant to Decision No. 965/QĐ-TTg dated July 17, 2006 of the Prime Minister on the establishment of the Management Board of the Nghi Son Economic Zone in Thanh Hoa Province;

Based on the proposal of the Management Board of the Nghi Son Economic Zone at Circular No. 107/BQL-XNK dated November 8, 2006.

DECISION:

Article 1. Delegates to the Management Board of the Nghi Son Economic Zone in Thanh Hoa Province (hereinafter referred to as the Management Board) the following tasks:

1. Issuing Certificate of Origin Form D for enterprises located in the Nghi Son Economic Zone and industrial zones in Thanh Hoa Province.

2. Issuing, reissuing, amending, supplementing, and extending licenses for establishing representative offices of foreign traders with headquarters in the Nghi Son Economic Zone and industrial zones in Thanh Hoa Province.

Article 2. The Management Board shall implement the contents specified in Article 1 in accordance with the current Vietnamese laws as stipulated in the following legal documents:

1. On issuing Certificate of Origin Form D for enterprises located in the Nghi Son Economic Zone and industrial zones in Thanh Hoa Province:

- Decision No. 1420/2004/QĐ-BTM dated October 4, 2004 of the Ministry of Trade on the issuance of the Regulations on issuing Certificate of Origin Form D of Vietnam to enjoy preferential treatment under the "Agreement on the Framework Agreement on Comprehensive Preferential Trade Relations (CEPT) for the establishment of the ASEAN Free Trade Area (AFTA)";

- Decision No. 0151/2005/QĐ-BTM dated January 27, 2005 of the Ministry of Trade on the amendment and supplementation of the Regulations on issuing Certificate of Origin Form D of Vietnam to enjoy preferential treatment under the "Agreement on the Framework Agreement on Comprehensive Preferential Trade Relations (CEPT) for the establishment of the ASEAN Free Trade Area (AFTA)";

- Decision No. 3188/2005/QĐ-BTM dated December 30, 2005 of the Ministry of Trade on the amendment and supplementation of the Regulations on issuing Certificate of Origin Form D of Vietnam to enjoy preferential treatment under the "Agreement on the Framework Agreement on Comprehensive Preferential Trade Relations (CEPT) for the establishment of the ASEAN Free Trade Area (AFTA)";

2. On issuing, reissuing, amending, supplementing, extending, and revoking licenses for establishing representative offices of foreign traders with headquarters in the Nghi Son Economic Zone and industrial zones in Thanh Hoa Province:

- Law on Trade No. 36/2005/QH11 dated June 14, 2005;

- Decree No. 72/2006/NĐ-CP dated July 25, 2006 of the Government detailing the Law on Trade regarding Representative Offices and Branches of Foreign Traders in Vietnam;

- Circular No. 11/2006/TT-BTM dated September 28, 2006 of the Ministry of Trade guiding the implementation of Decree No. 72/2006/NĐ-CP dated July 25, 2006 of the Government detailing the Law on Trade regarding Representative Offices and Branches of Foreign Traders in Vietnam;

- In case the representative office of a foreign trader changes its location from one province or centrally governed city to the area within the Chân Mây – Lăng Cô Economic Zone and vice versa, the foreign trader must apply for a new license for establishing a representative office according to Clause 1, Article 13 of Decree No. 72/2006/NĐ-CP and the guidance at Point g, Clause 1, Section II of Circular No. 11/2006/TT-BTM, and notify the operation according to Article 8 of Decree No. 72/2006/NĐ-CP and the guidance at Point d, Clause 1, Section IV of Circular No. 11/2006/TT-BTM as in the case of reissue stipulated at Point a, Clause 1, Article 11 of Decree No. 72/2006/NĐ-CP.

Article 3. The Management Board is responsible for updating information on the issuance, reissuance, amendment, supplementation, extension, and revocation of licenses for establishing representative offices of foreign traders within its management scope according to the guidance at Point g, Clause 1 of Circular No. 11/2006/TT-BTM and compiling periodic reports to the Ministry of Trade on the implementation of the tasks specified in Article 1 before January 15 each year.

Article 4. The Ministry of Trade will periodically organize inspections of the implementation of the provisions in this authorization decision in accordance with the law.

Article 5. This Decision takes effect 15 days after its publication in the Official Gazette./.