Decision No. 46/2001/QĐ-BCN issues the Management Regulations for the Implementation of the ASEAN Industrial Cooperation Scheme (AICO Structure), applicable to companies participating in the AICO structure. The regulations stipulate management, reporting, and penalties for violations by AICO companies.
适用范围
Companies participating in the ASEAN Industrial Cooperation Scheme (AICO structure) have been issued the AICO certificate by the ASEAN Secretariat and are operating in Vietnam.
要点
- are AICO companies that have been issued the AICO certificate and are operating in Vietnam.
- AICO companies must report periodically on their implementation of commitments, including import-export activities, new investments, technology transfer, production expansion, human resource training, additional employment, and state budget payments.
- The AICO Review Board manages the activities of AICO companies based on legal documents, commitments set forth in Article 2 of these regulations, and periodic reports from AICO companies.
- In case of serious violation, AICO companies may be warned or have tax and non-tax incentives revoked after 18 months of failing to fully implement their commitments.
- These regulations come into effect from the date of signing and replace Decision No. 07/1998/QĐ-BCN.
🌐 本文件的社会影响
- Positive impact: Strengthening ASEAN industrial cooperation, promoting investment and technology transfer.
- Negative impact: May put pressure on AICO enterprises to strictly adhere to commitments, potentially increasing management costs.
- AICO companies will be responsible for the accuracy of their reports, violations may lead to penalties.
- Enterprises not participating in the AICO structure are not directly affected.
❓ 常见问题
To whom does this regulation apply?
This regulation applies to companies that have been issued the AICO certificate by the ASEAN Secretariat and are operating in Vietnam.
What must AICO companies report periodically?
AICO companies must report on the implementation of their commitments, including import-export activities, new investments, technology transfer, production expansion, human resource training, additional employment, and state budget payments.
How will AICO companies be treated if they commit serious violations?
AICO companies may be warned or have tax and non-tax incentives revoked after 18 months of failing to fully implement their commitments.
When does this regulation take effect?
These regulations take effect from the date of signing and replace Decision No. 07/1998/QĐ-BCN.
全文
Pursuant to …;
Regarding the issuance of the Management Regulation for Implementing the Industrial Cooperation Structure ASEAN (AICO structure)
___________________
THE MINISTER OF INDUSTRY
Pursuant to Decree No. 74/CP dated November 1, 1995 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Industry;
Pursuant to the Framework Agreement on Industrial Cooperation of ASEAN signed by the Economic Ministers of ASEAN countries on April 27, 1996, in Singapore;
Pursuant to Circular No. 1746/VPCP-TCQT dated May 5, 2000 of the Prime Minister regarding the assignment to the Ministry of Industry to coordinate with relevant ministries and sectors to develop a management mechanism for implementing the ASEAN Industrial Cooperation Program (AICO Program) in Vietnam;
Pursuant to Decision No. 07/1998/QĐ-BCN dated February 2, 1998 of the Minister of Industry on the issuance of "Regulations on the Appraisal, Approval, and Management of Implementation of the ASEAN Industrial Cooperation Structure (AICO structure)";
To strengthen the management of the implementation of the AICO Program and considering the proposal of the Director of the Department of International Cooperation;
DECISION:
Article 1. This Decision hereby promulgates the Management Regulation for Implementing the AICO Structure.
Article 2. This Decision supplements Decision No. 07/1998/QĐ-BCN dated February 2, 1998 of the Minister of Industry, replaces Circular No. 1899/cv-htqt dated May 15, 2000 on the organization of implementing the AICO structure of Sony, and takes effect from the date of signing.
Article 3. The AICO Review Board, the Head of the Ministry's Office, the Heads of relevant Departments, the Heads of related Ministries and Sectors, and the General Directors and Directors of enterprises participating in the AICO structure shall be responsible for implementing this Decision.
REGULATION
MANAGEMENT REGULATION FOR IMPLEMENTING THE ASEAN INDUSTRIAL COOPERATION STRUCTURE (AICO STRUCTURE)
(Issued together with Decision No. 46/2001 dated October 12, 2001 of the Minister of Industry)
Article 1. Scope of Application:
This Regulation applies to companies participating in the AICO structure that have been issued an AICO certificate by the ASEAN Secretariat (AICO companies) and are operating in Vietnam.
Article 2. Legal Documents Serving as the Basis for Managing the AICO Structure:
a/ Circular approving the establishment of the AICO structure by the Prime Minister of Vietnam;
b/ AICO certificate issued by the ASEAN Secretariat;
c/ Certificate of Origin for 40% national content issued by the competent authority of the Ministry of Trade of Vietnam;
d/ Decision on the preferential tariff rate of the AICO Program (from 0% to 5%) issued by the Ministry of Finance of Vietnam;
đ/ Decision on the removal of non-tariff barriers (if any) issued by the Ministry of Trade of Vietnam;
e/ Decision on the quantity of AICO products allowed for import and export within the AICO structure, along with supplementary documents allowing adjustments during implementation issued by the Ministry of Industry of Vietnam;
g/ Commitments of AICO companies when applying for the establishment of the AICO structure, together with documents accepting adjustments and modifications of commitments issued by the AICO Review Board of Vietnam and the ASEAN Secretariat.
Article 3. Timeframe for Implementation:
Within 45 days after the ASEAN Secretariat issues the AICO certificate, AICO companies will receive decisions on the preferential tariff rates of the AICO Program, on the removal of non-tariff barriers (if any), and on the quantities of AICO products permitted for import and export according to the legal documents mentioned in Article 2, to begin implementing their commitments.
Unless otherwise decided by ASEAN, the implementation of commitments and tax and non-tax benefits under the AICO Program will end on December 31, 2005.
Article 4. Reporting System and Contents for Companies Participating in the AICO Restructuring.
According to the fiscal year of Vietnam, participating companies must report on the implementation of the AICO restructuring in writing to the AICO Review Board every six months.
The contents of the reports shall include the following main points:
- Import and export activities according to the commitments in the AICO restructuring (in accordance with Model AICO/BC-01).
- Implementation of commitments regarding new investments, technology transfer, production expansion, human resource training, and additional job creation.
- Annual submission of the State Budget after joining AICO (in accordance with Model AICO/BC-02).
AICO companies voluntarily ensure the accuracy and truthfulness of their reports. If intentional or unintentional errors are discovered in the reports, the AICO company will be handled according to Article 12 of the Regulations on the Appraisal, Approval, and Management of the Implementation of the ASEAN Industrial Cooperation Scheme (AICO) issued by Decision No. 07/1998/QĐ-BCN dated February 2, 1998, by the Ministry of Industry.
Article 5. Management Regime of State Agencies towards AICO Companies:
The AICO Review Board under the Ministry of Industry is the leading agency coordinating with the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Trade, the General Department of Taxation, the General Department of Customs, and the Office of the Government to manage the activities of AICO companies based on legal documents, commitments set forth in Article 2 of this Charter, and periodic reports from AICO companies.
The Chairman of the AICO Review Board organizes periodic inspections at least once a year for each AICO company. The content of periodic inspections includes checking the implementation of legal documents, commitments set forth in Article 2 of this Charter, and periodic reports from AICO companies. An inspection team for the AICO structure is only considered appropriate when more than half of the aforementioned Ministries and Departments participate. In addition to periodic inspections, the Chairman of the AICO Review Board has the right to establish ad hoc inspection teams with suitable components but must notify the relevant company in writing about the reasons and time of the inspection beforehand.
The Chairman of the AICO Review Board has the right to summon an AICO company to explain if it is found that the company violates the terms of the AICO Framework Agreement, legal documents, and commitments set forth in Article 2 of this Charter.
Article 6. Decision to Revoke AICO Tax and Non-Tax Preferences:
If an AICO company seriously violates the terms of the AICO Framework Agreement or fails to fully implement its commitments for 18 consecutive months, particularly if the import and export ratio is lower than 5% compared to the committed ratio, the company will be warned by a letter signed by the Chairman of the AICO Review Board. Six months after issuing the warning, if the company still does not correct or fulfill its commitments, the Chairman of the AICO Review Board will propose the Prime Minister to issue a decision to revoke AICO tax or non-tax preferences or both. The final decision of the Prime Minister will be notified in writing to the relevant AICO company, the ASEAN Secretariat, and the Ministries and Departments mentioned in Article 5 of this Charter.
Article 7. Implementation Provisions:
This Regulation shall take effect from the date of signature.
This Regulation supplements the Regulations on the Appraisal, Approval, and Management of the Implementation of the ASEAN Industrial Cooperation Structure (AICO), issued pursuant to Decision No. 07/1998/QĐ-BCN dated February 2, 1998, of the Minister of Industry, and replaces Circular No. 1899/CV-HTQT dated May 15, 2000, regarding the organization of AICO implementation by SONY.
This Regulation may be amended and supplemented upon proposal by the AICO Review Council of the Ministry of Industry and other Ministries and Agencies mentioned in Article 5 of this Regulation, and approval by the Minister of Industry.
This Regulation may be amended and supplemented upon proposal by the AICO Review Council of the Ministry of Industry and other Ministries and Agencies mentioned in Article 5 of this Regulation, and approval by the Minister of Industry.
DEPUTY MINISTER
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