THE
PRIME MINISTER
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
16/2010/QD-TTg
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Hanoi,
March 03, 2010
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DECISION
AMENDING
AND ANNULLING A NUMBER OF PROVISIONS OF THE OPERATION REGULATIONS OF
BORDER-GATE ECONOMIC ZONES
THE PRIME MINISTER
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Investment Law;
Pursuant to the Government s Decree No. 29/2008/ND-CP of March 14, 2008, on
industrial parks, export-processing zones and economic zones;
At the proposal of the Minister of Planning and Investment,
DECIDES:
Article 1. To annul a
number of provisions on enterprise income tax incentives in the Operation
Regulations of border-gate economic zones as follows:
1. To annul Clause 2. Article 18
of the Operation Regulation of Cau Treo International Border-Gate Economic
Zone, Ha Tinh province, promulgated together with the Prime Minister's Decision
No. 162/2007/QD-TTg of October 19, 2007.
2. To annul Clause 3. Article 10
of the Operation Regulation of A Dot Border-Gate Economic Zone, Thua Thien Hue
province, promulgated together with the Prime Minister's Decision No.
64/2008/QD-TTg of May 22,2008.
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4. To annul Clause 3. Article 7
of the Operation Regulation of Dong Thap province Border-Gate Economic Zone,
promulgated together with the Prime Minister's Decision No. 166/2008/QD-TTg of
December 11. 2008.
5. To annul Clause 3. Article 10
of the Operation Regulation of An Giang province Border-Gate Economic Zone,
promulgated together with the Prime Minister's Decision No. 65/2007/QD-TTg of
May 11. 2007.
6. To annul Article 13 of the
Organization and Operation Regulation of Bo Y International Border-Gate
Economic Zone, Kon Turn province, promulgated together with the Prime
Minister's Decision No. 217/2005/QD-TTg of September 5, 2005.
7. To annul Article 20 of the
Regulation on Lao Bao Special Trade-Economic Zone, Quang Tri province,
promulgated together with the Prime Minister's Decision No. 11/2005/QD-TTg of
January 12, 2005.
Article 2. To amend and
supplement a number of provisions on import duty and value-added tax incentives
for under-24-seat cars of enterprises with their production and business
establishments based in border-gate economic zones as follows:
1. To amend Article 17 of the
Regulation on Lao Bao Special Trade-Economic Zone, Quang Tri province,
promulgated together with the Prime Minister's Decision No. 11/2005/QD-TTg of
January 12. 2005, as follows:
"Article 17. Registration
of road motor vehicles in Lao Bao Trade-Economic Zone
1. Road motor vehicles of
investment and business organizations and individuals with their head offices
officially registered in Lao Bao Trade-Economic Zone may have exclusive number
plates of this Zone;
The Ministry of Public Security
shall guide the registration and management of, and grant of number plates to,
road motor vehicles according to this provision.
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3. Road motor vehicles with
registered number plates of Lao Bao which are sold into the inland must comply
with Vietnam's current regulations on goods import and are subject to taxes
under law;
4. Right-handed road motor
vehicles are permitted to enter and exit Lao Bao Trade-Economic Zone for
transporting goods and passengers between this Zone and Laos and neighboring
countries. When entering inland Vietnam, these vehicles must comply with
international agreements which Vietnam has signed or acceded to.
5. The provisions of Clauses 1,
2 and 3 of this Article apply through December 31, 2012."
2. To amend Clause 1, Article 20
of the Operation Regulation of Cau Treo International Border-Gate Economic
Zone, Ha Tinh province, promulgated together with the Prime Minister's Decision
No. 162/2007/QD-TTg of October 19, 2007, as follows:
"1. Goods and services
produced and sold in Cau Treo International Border-Gate Economic Zone and those
imported into this Zone are not subject to value-added tax. Particularly, under-24-seat
cars imported by enterprises with their production and business establishments
based in Cau Treo International Border-Gate Economic Zone into this Zone are
exempt from value-added tax through December 31, 2012."
3. To amend Clause 1, Article 21
of the Operation Regulation of Cau Treo International Border-Gate Economic
Zone, Ha Tinh province, promulgated together with the Prime Minister's Decision
No. 162/2007/QD-TTg of October 19, 2007, as follows:
"1. Goods and services
originating from inland Vietnam and those imported into Cau Treo International
Border-Gate Economic Zone are exempt from export and import duties.
Particularly, under-24-seat cars imported by enterprises with their production
and business establishments based in Cau Treo International Border-Gate
Economic Zone into this Zone are exempt from import duty through December 31,
2012."
Article 3. To annul the
provisions on state management of border-gate economic /.ones in the Operation
Regulations of border-gate economic zones as follows:
1. To annul Chapter IV of the
Operation Regulation of Lao Cai Border-Gate Economic Zone, Lao Cai province,
promulgated together with the Prime Minister's Decision No. 44/2008/ QD-TTg of
March 26, 2008.
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3. To annul Chapter VI of the
Operation Regulation of Cau Treo International Border-Gate Economic Zone. Ha
Tinh province, promulgated together with the Prime Minister's Decision No.
162/2007/QD-TTg of October 19. 2007.
4. To annul Chapter VI of the
Regulation on Lao Bao Special Trade-Economic Zone. Quang Tri province,
promulgated together with the Prime Minister's Decision No. 11/2005/QD-TTg of
January 12. 2005.
5. To annul Chapter IV of the
Operation Regulation of A Dot Border-Gate Economic Zone. Thua Thien Hue
province, promulgated together with the Prime Minister's Decision No.
64/2008/QD-TTg of May 22, 2008.
6. To annul Chapter IV of the
Operation Regulation of Moc Bai Border-Gate Economic Zone. Tay Ninh province,
promulgated together with the Prime Minister's Decision No. 140/ 2007/QD-TTg of
August 24. 2007.
7. To annul Chapter IV of the
Operation Regulation of An Giang province Border-Gate Economic Zone,
promulgated together with the Prime Minister's Decision No. 65/2007/QD-TTg of
May 11.2007.
8. The provisions on state
management of border-gate economic zones uniformly comply with Chapter IV of
the Government's Decree No. 29/2008/ND-CP of March 14,2008, on industrial
parks, export-processing zones and economic zones, and other relevant legal
documents.
Article 4. Implementation
provisions
1. This Decision takes effect on
May 1, 2010.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
chairpersons of provincial-level People's Committees shall implement this
Decision.-
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PRIME
MINISTER
Nguyen Tan Dung