Decision No. 65/2001/QD-BTC on rewarding export turnover for rice, coffee, pork, and canned fruits and vegetables in 2001.

Pursuant to …;

ISSUED BY THE MINISTER OF FINANCE DECREE NO. 65/2001/QD-BTC ON JUNE 29, 2001 REGARDING INCENTIVES BASED ON EXPORT VALUE FOR RICE, COFFEE, PORK, AND PACKED VEGETABLES AND FRUIT IN 2001

THE MINISTER OF FINANCE

BASED ON DECREE NO. 178/CP DATED OCTOBER 28, 1994 OF THE GOVERNMENT ON THE TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF FINANCE;
Pursuant to Resolution No. 05/2001/NQ-CP dated May 24, 2001, of the Government on supplementing certain measures for managing the economic plan in 2001;
WHEREAS, the consensus opinion of the Ministry of Trade, the Government Price Board, and the Ministry of Planning and Investment at the meeting on June 14, 2001; the minutes confirming the incentive levels for the four products—rice, coffee, pork, and packed vegetables and fruit—by representatives from various ministries and sectors;
TO ENCOURAGE EXPORTS; based on the proposal of the Director of the State Enterprise Finance Department;

DECISION:

Article 1:

ANNOUNCE THE INCENTIVE LEVELS BASED ON EXPORT VALUE FOR THE FOUR PRODUCTS—RICE, COFFEE, PORK, AND PACKED VEGETABLES AND FRUIT IN 2001 AS FOLLOWS:

THE ABOVE INCENTIVE LEVELS SHALL BE APPLIED TO THE EXPORT VALUE (CALCULATED ACCORDING TO THE FOB PRICE AT VIETNAMESE PORTS OR EQUIVALENT TERMS OF DELIVERY) OBTAINED FROM THE EXPORTED QUANTITIES IN 2001. FOR EXPORT VALUES OBTAINED IN FOREIGN CURRENCIES OTHER THAN THE US DOLLAR (USD), THEY SHALL BE CONVERTED INTO USD AT THE INTERBANK FOREIGN EXCHANGE RATE AT THE TIME OF PAYMENT.

FUNDS FOR INCENTIVES ARE DRAWN FROM THE EXPORT SUPPORT FUND.

Article 2:

ENTITIES ELIGIBLE FOR INCENTIVES BASED ON EXPORT VALUE IN 2001 UNDER ARTICLE 1 INCLUDE ENTERPRISES OF ALL ECONOMIC SECTORS OPERATING UNDER THE LAW ON STATE ENTERPRISES, THE LAW ON ENTERPRISES, THE LAW ON COOPERATIVES, AND THE LAW ON FOREIGN INVESTMENT IN VIETNAM THAT EXPORT AGRICULTURAL PRODUCTS SUCH AS RICE, COFFEE, PORK, AND PACKED VEGETABLES AND FRUIT (INCLUDING CASES WHERE ENTERPRISES RECEIVE EXPORT COMMISSIONS).

Article 3:

INCENTIVES BASED ON EXPORT VALUE SHALL NOT APPLY TO THE FOLLOWING CASES:

- EXPORTS USED TO REPAY DEBTS;

- EXPORTS UNDER GOVERNMENT AGREEMENTS (EXCEPT CONTRACTS SUPPORTED BY THE PRIME MINISTER'S DIRECTIVES);

- EXPORTS AS FOREIGN AID;

- EXPORTS THROUGH BARTER TRADE (EXCEPT CASES CONFIRMED BY THE MINISTRY OF TRADE), REEXPORTS.

Article 4:

DOCUMENTS REQUIRED FOR CONSIDERATION OF INCENTIVES BASED ON EXPORT VALUE INCLUDE:

- A LETTER REQUESTING INCENTIVE REVIEW FROM THE ENTERPRISE ATTACHED WITH A LIST OF EXPORT QUANTITIES AND EXPORT VALUES DURING THE PERIOD ACCOMPANIED BY THE ATTACHED FORM (WITH CONFIRMATION OF ACTUAL FOREIGN CURRENCY RECEIVED FROM THE COMMERCIAL BANK WHERE THE ENTERPRISE HAS AN EXPORT FOREIGN CURRENCY ACCOUNT);

- A COPY OF THE EXPORT DOCUMENTS INCLUDING: CUSTOMS DECLARATION, SALES INVOICE, EXPORT CONTRACT, BANK CONFIRMATION (WITH CONFIRMATION AND STAMP OF THE ENTERPRISE);

- A COPY OF THE EXPENSE DOCUMENTS: TRANSPORTATION, INSURANCE... FOR EXPORTS (FOR ENTERPRISES THAT DO NOT EXPORT ON FOB BASIS) WITH CONFIRMATION AND STAMP OF THE ENTERPRISE;

- CONFIRMATION FROM THE MINISTRY OF TRADE (FOR SOME CASES OF BARTER TRADE).

ENTERPRISES ELIGIBLE FOR INCENTIVES BASED ON EXPORT VALUE SHALL SUBMIT THE ABOVE DOCUMENTS TO THE MINISTRY OF FINANCE (STATE ENTERPRISE FINANCE DEPARTMENT). WITHIN 10 DAYS FROM THE DATE OF RECEIVING COMPLETE DOCUMENTS, THE MINISTRY OF FINANCE WILL REVIEW THE DOCUMENTS AND BASED ON THE ANNOUNCED INCENTIVE LEVELS FOR EACH PRODUCT, DETERMINE THE AMOUNT OF INCENTIVE FOR EACH ENTERPRISE AND ISSUE A DECISION TO DRAW FUNDS FROM THE EXPORT SUPPORT FUND TO PROVIDE INCENTIVES TO THE ENTERPRISE.

ENTERPRISES MUST BE RESPONSIBLE FOR THE LEGALITY AND ACCURACY OF THE DOCUMENTS RELATED TO INCENTIVES BASED ON EXPORT VALUE UNDER THE LAW. COMMERCIAL BANKS MUST BE RESPONSIBLE FOR THE ACCURACY OF THE CONFIRMATION OF ACTUAL FOREIGN CURRENCY RECEIVED FROM THE ENTERPRISE'S EXPORT ACTIVITY. THE MINISTRY OF TRADE IS RESPONSIBLE FOR VERIFYING AND CONFIRMING THE QUANTITY AND EXPORT VALUE OF GOODS EXPORTED THROUGH BARTER TRADE.

Article 5:

THE DEADLINE FOR REVIEWING AND PROVIDING INCENTIVES BASED ON EXPORT VALUE FOR THE FOUR PRODUCTS—RICE, COFFEE, PORK, AND PACKED VEGETABLES AND FRUIT IN 2001 SHALL BE IMPLEMENTED AS FOLLOWS:

- FOR EXPORT VALUES OBTAINED FROM QUANTITIES EXPORTED IN THE FIRST HALF OF 2001, THE REVIEW AND INCENTIVE PROVISION SHALL BE IMPLEMENTED FROM JULY 1, 2001;

- FOR EXPORT VALUES OBTAINED FROM QUANTITIES EXPORTED IN THE SECOND HALF OF 2001, THE REVIEW AND INCENTIVE PROVISION SHALL BE IMPLEMENTED QUARTERLY AFTER THE END OF EACH QUARTER.

Article 6:

ENTERPRISES SHALL USE THE INCENTIVE FUNDS BASED ON EXPORT VALUE TO OFFSET BUSINESS COSTS FOR THE PRODUCTS ELIGIBLE FOR INCENTIVES BASED ON EXPORT VALUE, AND SHALL NOT USE THEM TO ESTABLISH AWARD FUNDS OR WELFARE FUNDS.

Article 7:

THIS DECISION SHALL TAKE EFFECT FROM JANUARY 1, 2001 AND APPLY TO EXPORT VALUES OBTAINED FROM QUANTITIES EXPORTED IN 2001.

THE DIRECTOR OF THE STATE ENTERPRISE FINANCE DEPARTMENT, THE HEAD OF THE NATIONAL BUDGET DEPARTMENT, THE HEADS OF RELATED UNITS, AND EXPORTING ENTERPRISES SHALL BE RESPONSIBLE FOR IMPLEMENTING THIS DECISION.

EXPORT VALUE LIST

FROM.../.../2001 TO.../.../2001
(ATTACHED TO THE MINISTER OF FINANCE DECREE NO. 65/2001/QD-BTC ON JUNE 29, 2001)

ENTERPRISE NAME:...

PRODUCT:...

Note: FOR EXPORT VALUES OBTAINED IN FOREIGN CURRENCIES OTHER THAN THE US DOLLAR (USD), THEY SHALL BE CONVERTED INTO USD AT THE INTERBANK FOREIGN EXCHANGE RATE AT THE TIME OF PAYMENT.