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THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.162/2007/QD-TTg
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Hanoi,
October 19, 2007
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DECISION
PROMULGATING THE REGULATION ON OPERATION OF CAU TREO
INTERNATIONAL BORDER-GATE ECONOMIC ZONE, HA TINH PROVINCE
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government dated December 25, 2001;
Pursuant to the Law on Investment dated November 29, 2005;
At the proposal of the Minister of Investment and Planning and the president of
the People’s Committee of Ha Tinh province,
DECIDES:
Article 1.
To promulgate together
with this Decision the Regulation on operation of Cau Treo international
border-gate economic zone, Ha Tinh province.
Article 2.
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Article 3.
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and the
president of the People's Committee of Ha Tinh province shall implement this
Decision.
PRIME
MINISTER
Nguyen Tan Dung
REGULATION
ON OPERATION OF CAU TREO INTERNATIONAL BORDER-GATE ECONOMIC
ZONE, HA TINH PROVINCE
(Promulgated together with the Prime Minister’s Decision No. 162/2007/QD-TTg
dated October 19, 2007)
Chapter I
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Article 1. Scope
of regulation
This Regulation provides for the operation
policies applicable to, and state management of Cau Treo international
border-gate economic zone, Ha Tinh province; rights and obligations of domestic
and foreign organizations and individuals investing, conducting business
activities, entering, leaving or residing in Cau Treo international border-gate
economic zone, Ha Tinh province.
Article 2.
Geographical boundary of Cau Treo international border-gate economic zone
Cau Treo international border-gate economic zone
covers an area with delimited geographical boundary in the national territory
and under the national sovereignty but has a unique economic-commercial space,
embracing Tay Son township and Son Kim 1, Son Kim 2 and Son Tay communes of Huong
Son district, Ha Tinh province.
Article 3.
Purposes of establishment of Cau Treo border-gate economic zone
1. To further enhance economic and commercial
cooperation between the Socialist Republic of Vietnam and the People's
Democratic Republic of Laos and other neighboring countries.
2. To tap economic benefits through regional
cooperation mechanisms in order to boost socio-economic development of the
Central Vietnam and contribute to national development and international
economic integration.
3. To create an environment attractive to
domestic and foreign investment; to exploit to the utmost existing advantages;
to develop production and services; to boost export and expand markets.
4. To create jobs, promote training and raise
the quality of human resources.
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Article 4.
Encouragement and protection policies
1. The Government of the Socialist Republic of
Vietnam encourages and protects the lawful rights and interests of domestic and
foreign investors that invest or do business in Cau Treo international
border-gate economic zone in such fields as investment in infrastructure and
urban development; industrial development; trade in goods and services and
other business activities in accordance with Vietnamese law and treaties to
which Vietnam is a contracting party.
2. The State supports the promotion of
investment, tourism and commerce in Cau Treo international border-gate economic
zone and the provision of information on the zone's investment environment for
potential investors at home and abroad.
Article 5.
Rights of organizations and individuals investing or doing business in Cau Treo
international border-gate economic zone
Apart from rights provided for by Vietnamese law
and treaties to which Vietnam is a contracting party, organizations and
individuals that invest or do business in Cau Treo international border-gate
economic zone may:
1. Enjoy incentives provided for by the
Government for Cau Treo international border-gate economic zone. In case
different incentive levels are prescribed in different legal documents
regarding a single issue, the incentive level specified in the document of the
highest legal validity shall be applied.
2. Use and pay charges for infrastructure works,
public utilities and services in Cau Treo international bolder-gate economic
zone such as roads, the system of technical infrastructure, lighting power,
power supply water supply and communication under agreement with infrastructure
enterprises.
3. Transfer the rights to use land and assets
attached to land within the lease or sub-lease duration in accordance with law
and land-use purposes of projects. In case the initial investment purposes of
the projects are changed, land-use rights and assets attached to land may only
be transferred with the approval of competent agencies.
4. Mortgage the value of land-use rights and
assets attached to land within the land lease or sub-lease duration at
Vietnamese or international credit institutions operating in Vietnam under
current provisions of Vietnamese law.
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Cau Treo international border-gate economic zone
is developed with the following major capital sources:
1. Annually, based on the State Budget Law, the
state budget's capacity and investment projects on important socio-economic
infrastructure works already approved by competent state agencies, the Ministry
of Planning and Investment shall assume the prime responsibility for, and
coordinate with the Ministry of Finance and related agencies in, allocating
capital from the source of targeted state budget support for Ha Tinh province
to implement important investment projects on socio-economic infrastructure of
Cau Treo international border-gate economic zone.
2. Development investment credit capital of the
State.
3. Capital of domestic enterprises and people
mobilized through direct investment projects or issuance of bonds, advance
capital of subjects wishing to use infrastructure, and co-financed credit.
4. Foreign capital, including foreign direct
investment in the forms of build-operate-transfer (BOT), build-transfer (BT)
and build-transfer-operate (BTO); capital of credit institutions; and capital
of foreign organizations and individuals.
5. The land may be used to raise capital for
investment in infrastructure construction and ground clearance for development
investment.
6. Technical and social infrastructure
facilities in Cau Treo international border-gate economic zone will be included
in the list of projects calling for official development assistance (ODA).
7. Commercial banks and credit institutions set
up and operating under the Law on Credit Institutions may open branches in Cau
Treo international border-gate economic zone to perform credit operations in
Vietnam dong and foreign currencies for economic activities in the zone under
current regulations.
Chapter II
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Article 7.
Goods and service exchange
relations between Cau Treo international border-gate economic zone and the
domestic market Goods and service exchange relations between Can Treo
international border-gate economic zone and the domestic market are considered
import and export relations and subject to customs inspection and supervision
under current provisions of law.
Article 8.
Customs procedures at Cau Treo international border-gate economic zone
1. Goods, means of transport, luggage and
foreign currencies brought from inland Vietnam into Cau Treo international
border-gate economic zone and vice versa must go through all customs procedures
and be subject to customs inspection and supervision in accordance with current
provisions of Vietnam law.
2. Farm produce turned out by inhabitants in Cau
Treo international border-gate economic zone and goods produced or processed in
Cau Treo international border-gate economic zone without using raw materials or
accessories imported from abroad, when being imported into inland Vietnam, are
exempt from customs procedures.
3. The Ministry of Finance shall assume the
prime responsibility for, and coordinate with the People's Committee of Ha Tinh
province in, specifying customs procedures at Cau Treo international
border-gate economic zone, ensuring clear and convenient customs clearance
procedures so as to meet requirements of investment, production and business
activities in the zone.
Article 9.
Import and export activities in Cau Treo international border-gate economic
zone
1. Organizations and individuals doing business
in Cau Treo international border-gate economic zone may import and export all
kinds of goods, except those on the list of goods banned from import or export
in accordance with Vietnamese law.
2. The import and export of goods on the list of
goods subject to conditional import or export and goods subject to business
restriction comply with the guidance of line management ministries.
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1. The processing, temporary import for
re-export, transportation from or to border gates and transit of goods in Cau
Treo international border-gate economic zone comply with current provisions of
Vietnamese law regarding processing, temporary import for re-export,
transportation from or to border gates and transit, and treaties to which
Vietnam is a contracting party.
2. The transportation of goods from Cau Treo
international border-gate economic zone to commercial and economic zones of
Laos and vice versa complies with relevant treaties signed between the
Vietnamese Government and Lao Government.
3. Unused quantities of production raw materials
and supplies imported from abroad by domestic and foreign organizations and
individuals that are engaged in goods production and trading or service
provision in Cau Treo international border-gate economic zone, and faulty
products of some commercial value may be sold into inland Vietnam after customs
procedures are completed and import tax thereon is paid according to current
regulations.
4. Investment projects on production of exports
and transportation of in-transit goods must comply with current provisions of
laws.
Article 11.
Goods banned from circulation in Cau Treo international border-gate economic
zone
The following goods are banned from circulation
in Cau Treo international border-gate economic zone:
1. Goods banned from import or export under
Vietnamese law;
2. Goods banned from circulation under
Vietnamese law.
Article 12.
Goods subject to separate management regulations
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1. Gifts;
2. Movables;
3. Items of diplomatic missions and
international organizations currently operating in Vietnam and luggage of
persons entitled to diplomatic immunities.
Chapter III
ENTRY, EXIT, STAY AND
TRAVEL
Article 13.
Entry and exit of Laos citizens residing in districts bordering on Ha Tinh
province
1. Citizens of the People's Democratic Republic
of Laos (bellow referred to as Lao citizens for short) who reside in districts
bordering on Ha Tinh province may enter and leave Cau Treo international
border-gate economic zone with border identity cards or border laissez-passers
granted by a competent Lao agency. They may sojourn in the zone for not more
than 15 days.
2. When Lao citizens of the above category are
invited by an agency or organization in Ha Tinh province to other places in Ha
Tinh province, that agency or organization shall send to the Police Department
of Ha Tinh province a written request for the grant of a travel permit. A
permit is valid for a single use within five days and non-extendable.
Article 14.
Entry into, exit from, and stay and sojourn in, Cau Treo international
border-gate economic zone
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2. The stay and sojourn in Cau Treo
international border-gate economic zone shall comply with regulations of the
Ministry of Public Security and the Police Department of Ha Tinh province.
Article 15.
Vietnamese citizens' entering and leaving Cau Treo international border-gate
economic zone
1. Vietnamese citizens may freely enter and
leave Cau Treo international border-gate economic zone in accordance with
regulations.
2. When Vietnamese citizens go abroad through
Cau Treo international border-gate economic zone, they shall comply with Vietnamese
law on entry and exit. All procedures for permitting the exit of persons and
vehicles are carried out right at the border gate.
Article 16.
Management of road motor vehicles in Cau Treo international border-gate
economic zone
All road motor vehicles, including those with
right-hand drive, are permitted to enter and leave Cau Treo international
border-gate economic zone for transporting cargo and passengers between Cau
Treo international border-gate economic zone and Laos and other neighboring
countries, when traveling into inland Vietnam, these vehicles must comply with
international agreements which Vietnam has concluded or acceded to.
Chapter IV
INCENTIVE POLICIES
Article 17.
Investment incentives
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2. Domestic and foreign organizations and
individuals may select and implement investment projects in Cau Treo
international border-gate economic zone (except projects on the list of domains
in which investment is banned under Vietnamese laws).
3. Domestic and foreign investors are encouraged
to invest in the building of infrastructure in Cau Treo international
border-gate economic zone.
4. All investment projects in Cau Treo
international border-gate economic zone are entitled to the highest incentives
granted to geographical areas with exceptionally difficult socio-economic
conditions prescribed by the Investment Law, the Law on Value Added Tax, the
Law on Special Consumption Tax, the Law on Enterprise Income Tax and other
incentives under treaties to which Vietnam is a contracting party. In case
different incentives are prescribed in different legal documents regarding a
single issue, the highest incentive level shall be applied.
5. Organizations and individuals that have
recorded outstanding achievements in mobilizing investment capital from
official development assistance sources or in calling for foreign direct
investment projects or domestic projects will be commended in accordance with
the Law on Emulation and Commendation.
Article 18.
Enterprise income tax incentives
1. Investment projects in Cau Treo international
border-gate economic zone are entitled to an enterprise income tax rate of 10% for
five years from the date of commencement of business operation; enterprise
income tax exemption for four years after taxable income is generated and a 50%
reduction of payable enterprise income tax amounts in subsequent nine years.
2. Investment projects on building new
production lines, expanding production, renewing technology, improving the
ecological environment or raising production capacity are entitled to exemption
from enterprise income tax on the additional income brought by the investment
for a maximum duration of four years and a 50% reduction of payable tax amounts
for a maximum duration of subsequent seven years.
Article 19.
Personal income tax incentives
Persons working in Cau Treo international
border-gate economic zone who are liable to personal income tax under law are
entitled to a 50% reduction of payable tax amounts.
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1. Goods and services produced and consumed in
Cau Treo international border-gate economic zone and goods and services
imported from abroad into the zone not subject to value added tax. Particularly
for under-24 seat cars which are imported into the zone by those other than
enterprises having production or business establishments there, tax shall be
paid in accordance with law.
2. Goods and services brought from inland
Vietnam into Cau Treo international border-gate economic zone are entitled to a
value added tax rate of 0%; goods and services brought from Cau Treo
international border-gate economic zone into inland Vietnam for consumption are
liable to value added tax in accordance with law.
3. Goods and services liable to special
consumption tax which are produced and consumed in Cau Treo international border-gate
economic zone and goods and services liable to special consumption tax which
are imported from abroad into the zone are not subject to special consumption
tax. Particularly for under-24 seat cars, tax shall be paid in accordance with
law.
4. Goods and services liable to special
consumption tax which are exported abroad from Cau Treo international
border-gate economic zone are not subject to special consumption tax.
5. Goods and services liable to special
consumption tax which are brought from Cau Treo international border-gate
economic zone into inland Vietnam for consumption are subject to special
consumption tax in accordance with law.
Article 21.
Import tax and export tax incentives
1. Goods and services originating from inland
Vietnam and goods and services imported from abroad into Cau Treo international
border-gate economic zone are exempt from import tax and export tax.
Particularly for under-24 seat cars which are imported into the zone by
enterprises having no production or business establishments there, tax shall be
paid in accordance with law.
2. When exported abroad, goods produced,
processed, re-processed or assembled in Cau Treo international border-gate
economic zone are exempt from export tax.
3. Goods produced, processed, re-processed or
assembled in Cau Treo international border-gate economic zone with the use of
imported raw materials, supplies, accessories and semi-finished products, when
imported into inland Vietnam, are exempt from import tax for five years after
the date of commencement of production; if these goods do not contain imported
raw materials or accessories, they are not liable to import tax upon
importation into inland Vietnam.
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5. Domestic and foreign tourists, when entering
Cau Treo international border-gate economic zone, may buy in the zone and bring
into inland Vietnam duty-free imported goods (other than those on the list of
goods banned from import) valued at not more than VND 500,000/tourist/day. When
the value of goods exceeds VND 500,000/tourist/day, goods owners shall pay
import tax on the excessive value in accordance with law.
Before implementing this policy, the People's
Committee of Ha Tinh province shall promulgate regulations on the
identification of tourists entitled to this policy, ensuring strict management
and preventing tax evasion.
Article 22.
Credit incentives
Enterprises of all economic sectors that invest
or conduct production or business activities in Cau Treo international
border-gate economic zone may borrow concessional credit loans under the
Government’s regulations on development investment credit of the State.
Article 23.
Carrying forward of business losses
After making tax finalization with tax offices,
if organizations or individuals engaged in goods production or trading or
service provision, foreign-invested enterprises or foreign parties to business
cooperation contracts operating in Cau Treo international border-gate economic
zone suffer from losses, they may carry forward such losses to subsequent years
and clear them against taxable incomes. The maximum duration for loss carrying
forward is five years.
Article 24.
Land and housing incentives
1. Organizations and individuals having
investment projects in Cau Treo international border-gate economic zone are
entitled to land rental exemption for the first 11 years after the date of
signing of the land lease contract and a land rent rate equal to 30% of the
land rent rate applicable to mountainous districts of Ha Tinh province from the
12th year on.
2. All land and water surface areas already
planned for development investment in Cau Treo international border-gate
economic zone shall be allocated once to the Management Board of Cau Treo
international border-gate economic zone.
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Chapter V
FINANCIAL REGIME
Article 25.
Implementation of financial regime
1. Organizations and individuals doing business
in Cau Treo international border-gate economic zone shall comply with the
financial regime currently prescribed by Vietnamese law.
2. The Ministry of Finance shall specify the
financial regime and customs procedures applicable to Cau Treo international
border-gate economic zone.
Article 26.
Transaction and payment currencies
The purchase, sale, payment, transfer and other
transaction relations between organizations and individuals doing business in
Cau Treo international border-gate economic zone are made in Vietnam dong, Laos
kip and other freely convertible foreign currencies in accordance with
regulations of the State Bank of Vietnam.
Chapter VI
STATE MANAGEMENT
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1. To direct the formulation and approval of the
master planning and detailed development planning; to formulate a Regulation on
coordinated operation of Cau Treo international border-gate economic zone and a
Regulation on management of land in Cau Treo international border-gate economic
zone.
2. To direct the management of projects under
approved plannings, approve development investment projects and annual plans on
capital construction investment in Cau Treo international border-gate economic
zone.
3. To assume the prime responsibility for, and
coordinate with concerned ministries and branches in, promulgating separate
regulations, ensuring strict management of the operation of Cau Treo
international border-gate economic zone.
4. To direct the Management Board of Cau Treo
international border-gate economic zone to perform tasks specified by the Prime
Minister and the People’s Committee of Ha Tinh province.
5. To direct the People’s Committee of Huong Son
district and functional agencies of Ha Tinh province to apply solutions so as
to ensure social security, order and safety, facilitate the operation of
enterprises in Cau Treo international border-gate economic zone and effectively
combat smuggling activities in the province related to Cau Treo international
border-gate economic zone.
6. To perform the work of compensation, ground
clearance and resettlement for projects in Cau Treo international border-gate
economic zone.
7. To make written agreement with the
administration of Lao Bolykhamsay province on the principles for coordination
in management and administration of the operation of Cau Treo international
border-gate economic zone on the basis of each country's laws in force and the
special friendship relation between the two peoples.
Article 28.
Organizational structure of the Management Board of Cau Treo international
border-gate economic zone
1. The Management Board of Cau Treo
international border-gate economic zone is set up by the Prime Minister at the
proposal of the People's Committee of Ha Tinh province and the Minister of Home
Affairs.
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3. The Management Board of Cau Treo
international border-gate economic zone has the legal person status; seal
bearing the national emblem; a working office; full-time staff, administrative
and non-business operating funds and development investment capital allocated
annually from the state budget.
4. The head and deputy heads of the Management
Board of Cau Treo international border-gate economic zone are appointed by the
president of the People's Committee of Ha Tinh province.
Article 29.
Tasks and powers of the Management Board of Cau Treo international border-gate
economic zone
The Management Board of Cau Treo international
border-gate economic zone shall perform tasks and powers specified for
management boards of border-gate economic zones, those prescribed in this
Regulation, and has the following tasks and powers:
1. To formulate a master plan and a detailed
development plan, formulate a regulation on coordinated operation of Cau Treo
international border-gate economic zone and submit them to competent
authorities for approval, and organize their implementation.
2. To grant, modify and withdraw business
registration certificates, licenses for establishment of commercial
representative offices and branches of foreign organizations and traders,
investment certificates, investment incentive certificates, work permits for
foreigners and overseas Vietnamese working or conducting production or business
activities in Cau Treo international border-gate economic zone and other
permits and certificates under the authorization of competent state agencies.
3. To formulate price brackets and rates of fees
and charges to be applied in Cau Treo international border-gate economic zone
and submit them to competent agencies for consideration and promulgation in
accordance with law.
4. To act as the focal agency for administrative
reform and information technology application in service of management work in
the border gate and Cau Treo international border-gate economic zone.
5. To formulate programs on promotion of
investment, trade, tourism and services and submit them to competent agencies
for approval, and organize the introduction, negotiation and promotion of
investment, trade and services at home and abroad.
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7. To manage and efficiently use investment
sources in Cau Treo international border-gate economic zone; to direct and
effectively manage construction projects funded with the state budget in the
zone in strict accordance with regulations.
8. To allocate or lease land or water surface
areas to investors for the implementation of investment projects in accordance
with current provisions of law.
9. To manage and organize the provision of
support services for investment, production and business activities of
investors in Cau Treo international border-gate economic zone.
10. To assume the prime responsibility for, and
coordinate with local administration and related agencies in, ensuring the
compliance of all activities in Cau Treo international bolder-gate economic
zone with this Regulation and the Regulation on coordinated operation of Cau
Treo international border-gate economic zone.
11. To coordinate with the management board of
economic zones (commercial zones) of the People’s Democratic Republic of Laos
in order to ensure that economic zones (commercial zones) are developed in
accordance with current agreements between the Government of the Socialist
Republic of Vietnam and the Government and the People's Democratic Republic of
Laos as well as between Ha Tinh province and Bolykhamsay province.
Article 30.
Coordination in state management of Cau Treo international border-gate economic
zone
Concerned ministries and branches shall perform
state management of Cau Treo international border-gate economic zone, guide and
authorize Management Board of Cau Treo international border-gate economic zone
to perform functions and tasks within their competence in the domains of
investment, construction, planning, management of natural resources and
environment, urban management and development, labor management, import and
export and other domains in accordance with law and this Regulation.
For domains not decentralized or authorized to
the Management Board of Cau Treo international border-gate economic zone,
concerned ministries, branches and People's Committee of Ha Tinh province shall
perform the state management of Cau Treo international border-gate economic
zone by setting up their attached units in the zone to perform assigned tasks
so as to facilitate operations of investors and enterprises in the zone.
Chapter VII
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Article 31.
Implementation provisions
Other issues concerning the operation of organizations
and individuals in Cau Treo international border-gate economic zone not yet
mentioned in this Regulation comply with relevant provisions of the Commercial
Law, Investment Law, Enterprise Law, Land Law, other legal documents, and
treaties to which Vietnam is a contracting party.
From the effective date of this Regulation,
incentive mechanisms and policies specified in this Regulation are also applied
to domestic and foreign organizations and individuals that have been conducting
investment or business activities in Cau Treo international border-gate
economic zone for the remaining period.