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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:
38/2002/QD-TTg
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Hanoi, March 14, 2002
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DECISION
ON MANAGEMENT OF THE MANUFACTURE, ASSEMBLY
AND IMPORT OF MOTORBIKE COMPONENTS
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of December 25, 2001;
In order to put the manufacture, assembly and import of motorbike components
into order, thus meeting the people’s
legitimate demand for travel and the country’s
current capability of investment in traffic infrastructure development; and at
the same time to bring into full play the internal resources for fast
development of Vietnam’s
motorcycle industry and take initiative in well preparing for the process of
international economic integration;
Based on the opinions of the concerned ministries and branches at the January
10 and 14, 2002 meetings held at the Government’s
Office on the situation of management of the manufacture, assembly and import
of motorbike components in 2001 as well as the measures for management thereof
in the coming period;
At the proposal of the Minister-Director of the Government’s Office,
DECIDES:
Article 1.- To provide for a number of measures to manage
the manufacture and assembly of motorbike as follows:
1. The Minister of Industry shall promulgate
specific regulations on the criteria of a motorcycle-manufacturing and/or assembling
enterprise, which shall serve as basis for reorganizing and developing Vietnam’s motorcycle industry. Such criteria must include
investment scale, technical and technological levels, production and assembly
equipment and product quality control; professional qualifications of technical
workers and capability of production organization and management; product
quality and treatment system for a clean environment.
2. Conditions for an enterprise to be licensed
to assemble motorbike:
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b/ Fully meeting the criteria prescribed in
Clause 1 of this Article;
c/ Motorbike and components thereof manufactured
or assembled by the enterprise must ensure quality and technical safety standards;
ensure the observance of law provisions on industrial property;
d/ Making investment in manufacturing components
reaching the minimum localization rate of 20% in 2002 (as prescribed in
Joint-Circular No. 92/2001/TTLT-BTC-BCN-TCHQ of November 20, 2001 of the
Ministries of Finance and Industry, and the General Customs Department as well
as the supplements mentioned in Clause 1, Article 2 of this Decision).
3. The Ministry of Industry shall revise all the
existing motorbike-assembling enterprises; those enterprises which fully meet
the conditions prescribed in Clause 2 of this Article shall be permitted to
continue the assembly; for new enterprises, they must be reported to the Prime
Minister before the issuance of decisions to permit the assembly.
4. Basing itself on results of examination of
the implementation of tax policies according to the localization rates in 2001,
reports of the Public Security, Customs, Market Management and Registry
agencies as well as detections by the press and people of wrong-doings
committed by the motorcycle-manufacturing and/or assembling enterprises in
2001, the Ministry of Industry shall scrutiny them in order to apply proper
handling forms, including the revocation of the decision to permit the assembly
and cessation to import motorbike components; cases of serious violations must
be prosecuted before law.
5. The Ministry of Communications and Transport
shall promulgate the system of technical and quality standards of home-made
motorbikes, motorbike frames and engines; and promulgate documents and
regulations, and inspect the observance of law provisions on products quality
and technical safety by enterprises. The Ministry of Science, Technology and
Environment shall promulgate regulations and inspect the observance of law provisions
on industrial property by enterprises. The above-said regulations must be
promulgated right in the first quarter of 2002 in order to create favorable
conditions for enterprises production and business activities, especially the
manufacture of motorbikes bearing Vietnamese trademarks with good quality and
reasonable prices.
Article 2.- To prescribe a number of measures to manage the
import and export of motorbike components as follows:
1. The Ministry of Finance, the Ministry of
Industry and the General Department of Customs shall add the following contents
to Joint-Circular No. 92/2001/TTLT-BTC-BCN-TCHQ of November 20, 2001 guiding
the implementation of tax preference policies for the manufacture of motorbikes
and their engines:
a/ Conditions on investment in manufacturing
motorbike details and spare parts which achieve the minimum localization rate
of 20% in 2002 must be linked to the manufacture of the components belonging to
several of the groups of major spare parts such as engines, frames and transmission
parts.
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b/ Specifying and working out mechanism to
closely examine the joint-venture in manufacturing motorbike spare parts and
components in order to combat the abuse or fraud;
c/ The via-bank payment must be specified that
an irrevocable L/C must be opened.
2. Enterprises licensed to assemble motorbikes
prescribed in Article 1 of this Decision may import components in service of
the assembly within the scope of the registered categories as certified by the
Finance Ministry (prescribed in Joint-Circular No. 92/2001/TTLT-BTC-BCN-TCHQ of
November 20, 2001 and the relevant supplemented documents of the Ministries of
Finance and Industry and the General Customs Department), and within the scope
of the combined capacity prescribed in Clause 3 of this Article.
Enterprises must not purchase then re-sell
imported components in any forms.
Enterprises which do not fully meet the
conditions prescribed in this Clause shall not be permitted to import motorbike
components.
3. The Ministry of Finance shall stipulate
principles and methods for calculation of the combined capacity by mode of
point marking, with priority given to technology and investment capital scale;
and at the same time direct the inter-branch working team (established under
the provisions at Point 5b, Section I of the Government’s
Official Dispatch No. 938/CP-KTTH of October 18, 2001) in examining and
calculating the points obtained by enterprises in order to determine the
combined capacity for each enterprise. This capacity means the maximum capacity
at which enterprises are permitted to assemble and/or import motorbike
components in a year.
The provision in this Clause apply also to
foreign-invested enterprises which manufacture and/or assemble motorbikes but
fail to fulfil the responsibilities and obligations prescribed in the
investment licenses.
4. After determining the combined capacity
prescribed in Clause 3 of this Article, the Ministry of Finance shall notify
such in writing to enterprises for realization; and at the same time notify the
General Department of Customs thereof so that the latter can monitor and manage
the import of motorcycle components, and notify Vietnam Registry Department
thereof for managing the granting of frame and engine numbers for products
turned out and consumed on the market within this capacity scope.
5. For those enterprises which manufacture
and/or assemble motorbikes for export, the motorbikes assembled for export
shall not be restricted in quantity prescribed in Clause 3 of this Article.
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7. The Ministry of Finance, the Ministry of
Industry and the General Department of Customs shall base themselves on the
actual situation of domestic production to supplement in time the list of common
motorbike spare parts and components which can be produced at home as
prescribed in Appendix No. 8 to Joint-Circular No. 92/2001/TTLT-BTC-BCN-TCHQ of
November 20, 2001 and the relevant supplemented documents of the Ministries of
Finance and Industry and the General Customs Department.
8. The Ministry of Trade shall direct the Market
Management bodies to closely coordinate with the Public Security and Customs
forces as well as other forces in enhancing the combat against smuggling, trade
fraud and fake goods production in the fields of manufacture, import and
circulation of motorbike spare parts and components; strictly handle acts of
violating law provisions.
Article 3.- Those enterprises which manufacture motorbikes
and spare parts thereof for export may borrow capital from the Export Credit
Support Fund, be given export reward according to the State�s current regulations. Those enterprises which
invest capital in buying copyright for engine manufacture may borrow
preferential credit capital from the Development Assistance Fund at the
interest rate of 3%/year.
Article 4.- This Decision takes implementation effect 15
days after its signing.
Article 5.- The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the Government
and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to implement
this Decision.
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Manh Cam