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THE MINISTRY OF TRADE
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
446/2003/QD-BTM
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Hanoi, April 17, 2003
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DECISION
PROMULGATING THE REGULATION ON TAX-SUSPENSION
AREAS IN BORDER-GATE ECONOMIC ZONES
THE MINISTER OF TRADE
Pursuant the September 30, 1992 Law on
Organization of the Government;
Pursuant to the December 26, 1991 Law on Export Tax and Import Tax and the July
5, 1993 Law and May 20, 1998 Law No. 04/1998/QH10 amending and supplementing a
number of articles of the Law on Export Tax and Import Tax;
Pursuant to the June 29, 2001 Customs Law;
Pursuant to the Prime Minister's Decision No. 53/2001/QD-TTg of April 19, 2001;
On the basis of consulting with the Ministry of Finance;
Under the authorization of the Prime Minister (Document No. 272/CP-KTTH of
March 8, 2002),
DECIDES:
Article 1.- To promulgate together with this Decision the
Regulation on tax-suspension areas in border-gate economic zones.
Article 2.- This Decision takes effect 15 days after its signing.
The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the provincial/municipal People's Committees
shall have to implement this Decision.
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MINISTER OF TRADE
Truong Dinh Tuyen
REGULATION
ON TAX-SUSPENSION AREAS IN BORDER-GATE
ECONOMIC ZONES
(Issued together with Decision No. 0446/2003/QD-BTM of April 17, 2003
of the Minister of Trade)
Chapter I
GENERAL PROVISIONS
Article 1.- This Regulation governs the operation of
tax-suspension areas in border-gate economic zones (hereinafter referred to as
tax-suspension areas for short).
Article 2.- A tax-suspension area is an area separated from
other areas in the border-gate economic zone where a customs station is set up
to supervise and inspect goods on entry and exit and the tax preferences shall
be applied under the provisions in Chapter II of this Regulation.
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Article 3.- The establishment of tax-suspension areas shall
be decided by the presidents of the People's Committees of the provinces where
exist the border-gate economic zones after consulting with the Ministry of
Trade and the Ministry of Finance (the General Department of Customs).
Article 4.- Vietnamese traders of all economic sectors,
foreign-invested enterprises in Vietnam and foreign companies' branches which
register for operation in tax-suspension areas (hereinafter referred to as
traders in tax-suspension areas) shall have to abide by this Regulation and
other relevant provisions of Vietnamese laws.
Article 5.- Goods, equipment, transport means and supplies
(hereinafter referred collectively to as goods), luggage and foreign exchange
brought from foreign countries into tax-suspension areas shall be subject to
customs supervision and inspection according to current provisions of
Vietnamese laws.
Article 6.- Vietnamese citizens and foreigners must not
reside in tax-suspension areas.
Chapter
II
TAX PREFERENCES
Article 7.- Goods brought from foreign countries into
tax-suspension areas shall be exempt from import tax.
Article 8.- Goods brought from Vietnamese inlands into
tax-suspension areas, when they are exported to foreign countries and goods brought
from foreign countries into tax-suspension areas, when they are imported into
Vietnamese inlands, shall be governed by the Law on Export Tax and Import Tax.
Article 9.- Goods produced, processed, re-processed or
assembled in tax-suspension areas, when they are exported to foreign countries,
shall be exempt from export tax.
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Chapter
III
PRODUCTION, PROCESSING AND EXPORT/IMPORT OF GOODS AND/OR SERVICES
Article 10.- Traders in tax-suspension areas may conduct
export/import business according to the provisions of Vietnamese laws.
Article 11.- Goods processed, temporarily imported for
re-export, transported from one border-gate to another or transiting
tax-suspension areas shall have to comply with current regulations.
Goods transiting via tax-suspension areas into
Vietnamese inlands for transportation to the third country shall have to comply
with Vietnamese laws on goods transit.
Article 12.- The sale/purchase of goods and/or services in
tax-suspension areas must comply with current provisions on goods and/or
services banned from business, subject to conditional business or business
restriction.
Chapter
IV
ORGANIZATION OF MANAGEMENT
Article 13.- The Ministry of Finance (the General Department
of Customs) shall prescribe customs procedures for goods brought into and out
of tax-suspension areas.
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Article 15.- The Management Boards of border-gate economic
zones shall have to:
1. Formulate plannings on development of
infrastructures in tax-suspension areas and submit them to the People's
Committees of their provinces for approval.
2. On the basis of the provisions of this
Regulation, formulate specific charters on the management of tax-suspension
areas and submit them to the People's Committees of their provinces for
approval.
3. Organize the administrative management and
settle civil disputes in tax-suspension areas.
Chapter V
IMPLEMENTATION PROVISIONS
Article 16.- Other activities of tax-suspension areas not
prescribed in this Regulation shall comply with Vietnamese current relevant
legal documents and international treaties which Vietnam has signed or acceded
to.-
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