|
THE MINISTRY OF TRADE
-------
|
SOCIALIST REPUBLIC OF VIETNAM
Independence-Freedom-Happiness
------------
|
|
No. 634/2004/QD-BTM
|
Hanoi, May 24, 2004
|
DECISION
OF THE MINISTER OF TRADE
AUTHORIZING HUNG YEN PROVINCES INDUSTRIAL PARKS MANAGEMENT BOARD TO
MANAGE EXPORT, IMPORT AND COMMERCIAL ACTIVITIES OF INDUSTRIAL-PARK ENTERPRISES
THE
MINISTER OF TRADE
Pursuant to the Governments Decree
No. 29/2004/ND-CP dated January 16, 2004 on the functions, tasks, powers and
organizational apparatus of the Ministry of Trade;
Pursuant to the
Regulation on Industrial Parks, Export-Processing Zones and Hi-Tech Parks,
promulgated together with the Governments Decree No. 36/CP dated April 24,
1997;
Pursuant to the
Prime Ministers Decision No. 183/2003/QD-TTg dated September 8, 2003
establishing Hung Yen provinces Industrial Parks Management Board;
At the proposals
of the Peoples Committee of Hung Yen province in Official Dispatch No.
452/CV-UB dated April 20, 2004 and Hung Yen provinces Industrial Parks
Management Board in Official Dispatch No. 25/BC-BQL dated May 5, 2004,
DECIDES:
Article 1. To authorize Hung Yen provinces
Industrial Parks Management Board (hereinafter called the Management Board for
short) to manage the export, import and commercial activities of enterprises in
Hung Yen provinces industrial parks.
Article 2. Hung Yen provinces Industrial
Parks Management Board shall approve the import plans and manage commercial
activities of enterprises in industrial parks according to the following
contents:
1. Regarding export and import
activities
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
1.1. The Management Board shall
approve the import plans of foreign-invested enterprises and parties to
business cooperation contracts, which invest in Hung Yen provinces industrial
parks, in strict compliance with the Law on Foreign Investment in Vietnam dated
November 12, 1996, the Law Amending and Supplementing a Number of Articles of
the Law on Foreign Investment in Vietnam dated June 19, 2000, the Governments
Decree No. 24/2000/ND-CP dated July 31, 2000 and Decree No. 27/2003/ND-CP dated
March 19, 2003 as well as relevant legal documents, in compatibility with
investment licenses, business permits, econo-technical explanations, technical
designs and legal documents related to export and import management and
administration. The approval of import plans shall cover the following
activities:
1.1.1. Approving plans on the import
of machinery, equipment, transport means and/or supplies for the formation of
fixed assets, plans on the import of raw materials for production, and
certifying the import tax exemption for machinery, equipment, transport means,
supplies and spare parts for installation and investment to form fixed assets,
including the import thereof for formation of assets by mode of financial
hire-purchase by foreign-invested enterprises stationing in Hung Yen provinces
industrial parks.
1.1.2. Approving plans on the
temporary import of machinery, equipment and/or transport means hired from
foreign countries, which are not yet included in the technological chains, for
the operation of foreign-invested enterprises.
1.1.3. Approving plans on the import
of supplies and raw materials for production and/or business activities of
foreign-invested enterprises according to their investment licenses and in
accordance with the Prime Ministers Decision No. 46/2001/QD-TTg dated April 4,
2001 on the administration of goods export and import in the 2001-2005 period
and the Trade Ministrys Circular No. 11/2001/TT-BTM dated April 18, 2001 guiding
the implementation of Decision No. 46/2001/QD-TTg dated April 4, 2001.
1.2. The export and import by
export-processing enterprises shall comply with the provisions of Articles 38
and 39 of the Regulation on Industrial Parks, Export-Processing Zones and
Hi-Tech Parks, promulgated together with the Governments Decree No. 36/CP
dated April 24, 1997, and the Prime Ministers Decision No. 53/1999/QD-TTg
dated March 26, 1999.
1.3. Goods purchase and sale between
export-processing enterprises and the domestic market shall comply with the
Trade Ministrys Circular No. 23/1999/TT-BTM dated July 26, 1999 guiding
Decision No. 53/1999/QD-TTg on goods purchase and sale with export-processing
enterprises, Circular No. 22/2000/TT-BTM dated December 15, 2000 and Circular
No. 26/2001/TT-BTM dated December 4, 2001.
b) For Vietnamese enterprises:
1.4. Export and import activities of
Vietnamese enterprises in industrial parks shall comply with the Governments
Decree No. 57/1998/ND-CP dated July 28, 1998 detailing the implementation of
the Commercial Law regarding activities of goods export, import, processing as
well as purchase and sale agency with foreign countries and Decree No.
44/2001/ND-CP dated August 2, 2001 amending and supplementing a number of
articles of Decree No. 57/1998/ND-CP, the Prime Ministers Decision No.
46/2001/QD-TTg dated April 4, 2001 on goods export and import management in the
2001-200 period, and the Trade Ministrys Circular No. 18/1998/TT-BTM dated
August 28, 1998 guiding the implementation of Decree No. 57/1998/ND-CP and
Circular No. 20/2001/TT-BTM dated August 17, 2001 guiding the implementation of
Decree No. 44/2001/ND-CP.
1.5. The import of machinery,
equipment and construction supplies by Vietnamese enterprises of all economic
sectors operating in industrial parks shall comply with the Governments Decree
No. 88/1999/ND-CP dated September 1, 1999 promulgating the Bidding Regulation
and Decree No. 14/2000/ND-CP dated May 5, 2000 on the amendment and
supplementation thereof, Decree No. 52/1999/ND-CP dated July 8, 1999
promulgating the Investment and Construction Management Regulation and Decree
No. 12/2000/ND-CP dated May 5, 2000 on the amendment and supplementation
thereof, Decree No. 07/2003/ND-CP dated January 30, 2003 amending and supplementing
a number of articles of Decree No. 52/1999/ND-CP, and Decree No. 51/1999/ND-CP
dated July 8, 1999 detailing the implementation of the Law on Domestic
Investment Promotion (amended), as well as relevant legal documents. The
Ministry of Trade shall consider and permit the import of machinery and
equipment with the State budget capital sources under the Prime Ministers
Decision No. 91/TTg dated December 13, 1992;
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
2.1. The goods processing between
industrial-parks enterprises and foreign countries shall comply with the
Governments Decree No. 57/1998/ND-CP dated July 31, 1998 detailing the
implementation of the Commercial Law regarding activities of goods export,
import, processing as well as purchase and sale agency with foreign countries
and the Trade Ministrys Circular No. 18/1998/TT-BTM dated August 28, 1998
guiding the implementation of the Governments Decree No. 57/1998/ND-CP,
Circular No. 22/2000/TT-BTM dated December 15, 2000, Circular No. 26/2001/TT-BTM
dated December 4, 2001, and Circular No. 20/2001/TT-BTM dated August 17, 2001
guiding the implementation of Decree No. 44/2001/ND-CP.
The procedures for registration of
processing contracts shall be carried out at the border-gate customs offices.
The Management Board shall not approve enterprises processing contracts signed
with foreign countries.
2.2. The goods processing between
industrial-parks enterprises and export-processing enterprises shall be
regarded as the processing with foreign traders and comply with the provisions
of the Trade Ministrys Circular No. 26/1999/TT-BTM dated August 19, 1999.
2.3. For contracts on the processing
of goods on the list of goods banned from export and/or import, or suspended
from export and/or import, enterprises may perform them only after obtaining
the Trade Ministrys written approval as prescribed in the Governments Decree
No. 57/1998/ND-CP.
3. Regarding the grant of
certificates of origin:
The Management Board shall grant
certificates of goods origin, Form D applicable to ASEAN countries, to
Vietnamese and foreign-invested enterprises in industrial parks under the Trade
Ministrys guidance.
Article 3. Quarterly, the Management Board
shall send to the Ministry of Trade reports on export and import activities of
foreign-invested enterprises under the Trade Ministrys guidance in its
Circular No. 22/2000/TT-BTM dated December 15, 2000.
Article 4. The Ministry of Trade shall
periodically examine the implementation of the provisions of this authorizing
Decision according to law provisions.
Article 5. This Decision takes effect 15 days
after its publication in the Official Gazette.
...
...
...
Please sign up or sign in to your Pro Membership to see English documents.
P.P. THE MINISTER OF TRADE
VICE MINISTER
Le Danh Vinh