THE
PRIME MINISTER
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
100/2009/QD-TTg
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Hanoi,
July 30, 2009
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DECISION
PROMULGATING
THE REGULATION ON OPERATION OF NON-TARIFF AREAS IN ECONOMIC ZONES AND
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 November 29, 2005 Enterprise Law;
Pursuant to the June 14, 2005 Commercial Law;
Pursuant to the Government's Decree No. 29/ 2008/ND-CP of March 14, 2008,
providing for industrial parks, export-processing zones and economic zones;
At the proposal of the Minister of Industry and Trade,
DECIDES:
Article 1. To promulgate
together with this Decision the Regulation on operation of non-tariff areas in
economic zones and border-gate economic zones.
Article 2. This Decision
takes effect on September 15, 2009.
Article 3. Ministers, heads
of ministerial-level agencies, heads of government-attached agencies,
chairpersons of provincial-level People's Committees, heads of management
boards of economic zones and border-gate economic zones, and relevant
organizations and individuals shall implement this Decision.
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FOR
THE PRIME MINISTER
DEPUTY PRIME MINISTER
Hoang Trung Hai
REGULATION
ON
OPERATION OF NON-TARIFF AREAS IN ECONOMIC ZONES AND BORDER-GATE ECONOMIC ZONES
(Promulgated
together with the Prime Minister's Decision No. 100/2009/QD-TTgofJuly 30, 2009)
Chapter I
GENERAL PROVISIONS
Article 1. Scope of
regulation and subjects of application
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2. Subject to this Regulation
are state management agencies and organizations and individuals involved in
trade, investment, production and other business activities in non-tariff
areas.
3. This Regulation does not
apply to non-tariff areas which are export-processing zones, export-processing
enterprises, tax suspension warehouses, bonded warehouses, Lao Bao special
trade-economic zone and Cau Treo international border-gate economic zone.
Article 2. Interpretation
of terms
In this Regulation, the terms
below are construed as follows:
1. Non-tariff areas are
geographical areas with identified boundaries which are separated from the
outside territory by hard fences with entrance gates and doors so as to ensure
the control of customs agencies and relevant functional agencies and have
customs agencies to conduct supervision and examination of goods brought into
and out of and vehicles moving into and out of the areas.
2. Non-tariff areas in economic
zones and border-gate economic zones include tax suspension areas, special
trade-economic areas, trade-industrial areas, free trade areas and areas
bearing other names which are established under the Prime Minister's decisions
and have their goods trading and exchange relations with the outside considered
as import and export relations.
3. The inland means the
Vietnamese territorial part outside non-tariff areas.
Article 3. Geographical
boundaries of non-tariff areas
The geographical boundary of a
non-tariff area is determined in the master plan on construction of the
relevant economic zone or border-gate economic zone approved by a competent
agency in accordance with law.
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1. The following activities are
carried out in non-tariff areas:
a/ Trade in goods, trade in
services and other activities specified in the Commercial Law;
b/ Goods production, processing,
reprocessing and assembly.
2. Activities specified in
Clause 1 of this Article must comply with relevant laws of Vietnam on goods and
services banned from business, restricted from business or subject to
conditional business.
Article 5. Entities
allowed to operate in non-tariff areas
Entities operating in non-tariff
areas (below collectively referred to as non-tariff area enterprises) include:
- Vietnamese traders:
- Branches and representative
offices of Vietnamese traders;
- Branches and representative
offices of Vietnam-based foreign traders:
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Chapter II
COMMERCIAL POLICIES
APPLICABLE TO NON-TARIFF AREAS
Article 6. Goods and
service trading and exchange relations between non-tariff areas and the inland
1. Relations of goods and
service trading and exchange between non-tariff areas and the inland are
considered import and export relations in accordance with Vietnam's laws on
customs, tax. import and export.
2. Non-tariff area enterprises
may purchase stationery, food, foodstuff and consumer goods from inland Vietnam
in service of their administration work and daily-life activities of their
employees and workers. Non-tariff area enterprises may decide whether or not to
carry out import, export and customs procedures for these goods.
Article 7. Goods
transportation
Imported and exported goods
transported into and out of non-tariff areas are subject to customs examination
and supervision under the Customs Law and other relevant laws.
Article 8. Goods
displayed, exhibited or stored in warehouses or storing yards
Goods displayed, exhibited or
stored in warehouses or storing yards in non-tariff areas are subject to no
restriction on quantity and storage duration.
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1. Entities operating in
non-tariff areas may import and export goods of all categories, except those on
lists of goods banned from import or export or suspended from import or export
as prescribed by Vietnam's law.
2. The import and export of
goods on lists of goods imported or exported under permits, goods subject to
conditional import or export or goods restricted from business comply with
Vietnam's law.
Article 10. Temporary
import for re-export, temporary export for re-import, transportation from or to
border gate, processing and transit in non-tariff areas
1. Goods temporarily imported
for re-export, temporarily exported for re-import, processed and transited in
non-tariff areas must abide by Vietnam's law and treaties to which Vietnam has
signed or acceded.
2. Goods are only permitted to
be traded in the form of transportation from or to border gate in non-tariff
areas linked with seaports.
Article 11. Other
commercial activities
Other commercial activities
comply with the Commercial Law and other relevant legal documents.
Chapter III
RESIDENCE AND MANAGEMENT OF
ENTRY INTO AND EXIT FROM NON-TARIFF AREAS
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In non-tariff areas, there are
no permanent or temporary residents (including foreign nationals), except
employees and workers of non-tariff area enterprises who can to slay overnight
to work in non-tariff areas for which permission of the management boards of
economic zones or border-gate economic zones is required.
Article 13. Management of
entry into and exit from non-tariff areas
1. Employees, workers, partners
and guests of non-tariff area enterprises are permitted to enter and leave
non-tariff areas
2. Domestic and foreign tourists
and other individuals and organizations other than entities specified in Clause
1 of this Article may enter and leave non-tariff areas to participate in
product exhibition, introduction and display and goods trading activities.
3. The travel into and out of
non-tariff areas must comply with regulations of the management boards of
economic zones or border-gate economic zones and relevant functional agencies.
Management boards of economic zones and border-gate economic zones shall
coordinate with functional agencies in promulgating regulations on the
management of entry into, exit from and travel and other activities in
non-tariff areas.
Chapter IV
ORGANIZATION OF
IMPLEMENTATION
Article 14. Organization
of implementation
1. Tax suspension areas,
trade-economic areas, trade-industry areas, free trade areas and zones bearing
other names which are established under the Prime Minister's decisions and have
their goods and service trading and exchange relations with the outside
territory considered as import and export relations shall apply this
Regulation, except Clause 3, Article 1 of this Regulation.
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FOR
THE PRIME MINISTER
DEPUTY PRIME MINISTER
Hoang Trung Hai