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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. 36/2006/QD-BTM
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Hanoi, December
15, 2006
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DECISION
PROMULGATING THE OPERATION REGULATION OF
BONDED ZONES IN HI-TECH PARKS
THE MINISTER OF TRADE
Pursuant to the Government's Decree No.
29/2004/ND-CP of January 16, 2004, defining the functions, tasks, powers and
organizational structure of the Ministry of Trade;
Pursuant to the Government's Decree No. 99/2003/ND-CP of August 28, 2003,
promulgating the Regulation on Hi-Tech Parks;
After consulting the Ministry of Finance, the Ministry of Planning and
Investment and the Ministry of Science and Technology;
At the proposal of the director of the Import and Export Department,
DECIDES:
Article
1.- To promulgate
together with this Decision the Operation Regulation of bonded zones in hi-tech
parks.
Article 2.- This
Decision takes effect 15 days after its publication in "CONG BAO."
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FOR THE
MINISTER OF TRADE
VICE MINISTER
Phan The Rue
OPERATION REGULATION
OF BONDED ZONES IN HI-TECH PARKS
(Promulgated together with the Trade Minister's Decision No.
36/2006/QD-BTM of December 15, 2006)
Chapter I
GENERAL PROVISIONS
Article
1.- Governing scope
This Regulation provides for the operation of
bonded zones in hi-tech parks (below referred to as bonded zones for short).
Article 2.- Activities in a bonded zone
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- Goods production and processing;
- International goods purchase and sale;
- Logistics services;
- Trade fairs and exhibitions;
- Goods and service display and introduction.
Article 3.- Establishment of a bonded zone
The establishment of a bonded zone shall be
decided by the president of the People's Committee of the province or centrally
run city where a hi-tech park is located after consulting the Ministry of Trade
and the Ministry of Finance.
Article 4.- Entities entitled to operate in a bonded zone
1. Entities operating in a bonded zone (below
referred to as bonded zone enterprises for short) include:
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- Branches and representative offices of
Vietnamese traders;
- Branches and representative offices of
Vietnam-based foreign traders.
2. The right of the subjects defined in Clause 1
of this Article to engage in business activities shall comply with the
provisions of the Commercial Law and relevant laws.
Article 5.- Residence in a bonded zone
Except for officials and employees of bonded
zone enterprises who are permitted by the Hi-Tech Park Management Board to stay
overnight in the zone to work, no inhabitants (even foreigners) may permanently
or temporarily reside in a bonded zone.
Chapter II
PROVISIONS APPLICABLE TO
BONDED ZONES
Article
6.- Goods and service exchange
1. Goods and service exchange relations between
a bonded zone and other functional areas in a hi-tech park and the domestic
market are import and export relations under the provisions of Vietnamese law
on customs, taxation, import and export.
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3. Taxes on tools, stationery, food, foodstuff
and other goods brought into a bonded zone in service of daily-life activities
and offices of bonded zone enterprises shall be guided by the Finance Ministry.
Article 7.- Goods transportation
Imported and exported goods which are
transported into or out of a bonded zone are subject to customs inspection and
supervision in accordance with the Customs Law and other relevant laws.
Article 8.- Tax obligations
Bonded zone enterprises shall fulfill tax
obligations under the Finance Ministry's guidance.
Article 9.- Management of entry into and exit from bonded
zones
1. Only officials and employees of bonded zone
enterprises and partners and guests of those enterprises may enter and exit the
bonded zone.
2. The Hi-Tech Park Management Board shall
coordinate with the bonded zone's customs office in promulgating regulations on
the management of entry into, exit from, travel and other activities in, the
bonded zone.
Article 10.- Other regulations on state management
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2. The Hi-Tech Park Management Board shall
directly perform the state management of all activities of a bonded zone. The
Management Board shall coordinate with concerned state agencies in managing,
inspecting and examining according to their competence activities of bonded
zone enterprises in accordance with law.
Article 11.- Preferences for bonded zone enterprises
Apart from the preferences mentioned in this
Regulation, bonded zone enterprises are also entitled to other preferences
applicable to hi-tech park enterprises according to current regulations.
Chapter III
IMPLEMENTATION PROVISIONS
Article
12.- Elaboration of management regulations
Based on the provisions of this Regulation and
relevant laws, the Hi-Tech Park Management Boards shall elaborate specific
regulations on the organization and management of bonded zones and submit them
to the People's Committees of the provinces or centrally run cities where the
hi-tech parks are located for approval.
Article 13.- Relevant provisions
Other provisions related to the operation of
bonded zone enterprises which are not mentioned in this Regulation shall comply
with the Hi-Tech Park Regulation, Vietnamese relevant legal documents and
treaties to which Vietnam has signed or acceded.