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THE MINISTRY
OF TRADE
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SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
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No.1345/2003/QD-BTM
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Hanoi, October
24, 2003
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DECISION
AUTHORIZING THE MANAGEMENT BOARD OF CHU LAI
OPEN ECONOMIC ZONE, QUANG NAM PROVINCE, TO MANAGE IMPORT, EXPORT AND COMMERCIAL
ACTIVITIES OF ENTERPRISES IN CHU LAI OPEN ECONOMIC ZONE
THE MINISTER OF TRADE
Pursuant
to the Government's Decree No. 95/CP dated December 4, 1993 defining the
functions, tasks, powers and organizational apparatus of the Ministry of Trade;
Pursuant to the Industrial Parks, Export-Processing Zones and Hi-Tech Parks
Regulation promulgated together with the Government's Decree No. 36/CP dated
April 24, 1997;
Pursuant to the Prime Minister's Decision No. 108/2003/QD-TTg dated June 5,
2003 establishing Chu Lai open economic zone, Quang Nam province, and
promulgating its Operation Regulation;
Pursuant to the Prime Minister's Decision No. 184/2003/QD-TTg dated September
8, 2003 on the establishment of the Management Board of Chu Lai open economic
zone, Quang Nam province;
At the proposal of the People's Committee of Quang Nam province in Official
Dispatch No. 1686/TTr-UB dated September 15, 2003,
DECIDES:
Article 1. To authorize the Management
Board of Chu Lai open economic zone, Quang Nam province, (hereinafter called
the Management Board for short), to manage import, export and commercial
activities of foreign-invested enterprises in Chu Lai open economic zone, Quang
Nam province.
Article 2. The Management Board shall
approve the import plans and manage commercial activities of the enterprises in
Chu Lai open economic zone according to the following contents:
a) Regarding import and export activities:
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1.1. The Management Board shall approve the
import plans of foreign-invested enterprises and parties to business
cooperation contracts stationing in Chu Lai open economic zone, ensuring the
strict compliance with the November 12, 1996 Law on Foreign Investment in
Vietnam, the June 19, 2000 Law Amending and Supplementing a Number of Articles
of the Law on Foreign Investment in Vietnam, the Government's Decree No.
24/2000/ND-CP dated July 31, 2000 and relevant legal documents in compatibility
with investment licenses, business permits, econo-technical studies, technical
designs and legal documents related to import and export management and
administration, which include the following activities:
1.1.1. Approving the plans on import of
machinery, equipment, transport means and supplies for the formation of fixed
assets, the plans on import of production raw materials and certifying the
exemption of import tax on machinery, equipment, transport means, supplies and
substitute accessories for installation and investment in the formation of
fixed assets, including the importation for asset formation by mode of
financial hire-purchase from foreign-invested enterprises situated in Chu Lai
open economic zone.
1.1.2. Approving the plans on temporary import
of machinery, equipment and transport means hired from foreign countries, which
have not yet been included in technological chains for the operation of
foreign-invested enterprises..
1.1.3. Approving the plans on import of supplies
and raw materials for production and business activities of foreign-invested
enterprises under investment licenses in compliance with the Prime Minister's
Decision No. 46/2001/QD-TTg dated April 4, 2001 on administration of goods
import and export in the 2001-2005 period and the Ministry of Trade's Circular
No. 11/2001/TT-BTM dated April 18, 2001 guiding the implementation of Decision
No. 46/2001/QD-TTg dated April 4, 2001.
2. For export-processing enterprises:
2.1. The importation and exportation by
export-processing enterprises shall comply with the provisions in Articles 38
and 39 of the Industrial Parks, Export-Processing Zones and Hi-Tech Parks
Regulation promulgated together with the Government's Decree No. 36/CP dated
April 24, 1997 and the Prime Minister's Decision No. 53/1999/QD-TTg dated March
26, 1999.
2.2. The goods sale and purchase between
export-processing enterprises and domestic market shall comply with the
Ministry of Trade's Circular No. 23/1999/TT-BTM dated July 26, 1999 guiding
Decision No. 53/1999/QD-TTg on the 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.
3. For Vietnamese enterprises:
3.1. The import and export activities of
Vietnamese enterprises in Chu Lai open economic zone shall comply with the
Government's Decree No. 57/1998/ND-CP dated July 28, 1998 detailing the
implementation of the Commercial Law regarding goods import, export, processing
as well as sale and purchase agency activities 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 Minister's Decision
No. 46/2001/QD-TTg dated April 4, 2001 on the management of goods import and
export in the 2001-2005 period, and the Ministry of Trade's 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.
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3.3. The Management Board shall not approve the
import plans of Vietnamese enterprises situated in the open economic zone.
4. For enterprises situated inside the
non-tariff area (including foreign-invested enterprises and Vietnamese
enterprises):
4.1. Activities of exchanging goods between the
non-tariff area and foreign countries as well as among enterprises in the
non-tariff area shall be considered the exchange relations between foreign
countries and foreign countries.
Enterprises operating in the non-tariff area may
export to foreign countries, and import goods outside the list of goods banned
from export and list of goods banned from import, prescribed in the Prime
Minister's Decision No. 46/2001/QD-TTg dated April 4, 2001 on the
administration of goods import and export in the 2001-2005 period and the
Ministry of Trade's Circular No. 11/2001/TT-BTM dated April 18, 2001 guiding
the implementation of Decision No. 46/2001/QD-TTg dated April 4, 2001.
- The Management Board shall not approve the
plans on import from, and export to foreign countries of the enterprises
situated in the non-tariff area.
4.2. Activities of exchanging goods among the
non-tariff area, enterprises outside the non-tariff area and the domestic
market shall be considered the exchange relations between foreign countries and
Vietnam and must comply with the provisions of the Vietnamese legislation on
management of import and export goods.
- The Management Board shall not approve the
plans on exchanging goods between the non-tariff area's enterprises and
domestic market because this relationship has already complied with the provisions
of the Vietnamese legislation on management of import and export goods as well
as import tax and export tax.
b) Regarding export goods processing:
1.1. The goods processing between the open
economic zone's enterprises and foreign countries shall comply with the
Government's Decree No. 57/1998/ND-CP dated July 31, 1998 detailing the
implementation of the Commercial Law regarding goods import, export, processing
as well as sale and purchase agency activities with foreign countries and the
Ministry of Trade's Circular No. 18/1998/TT-BTM dated August 28, 1998 guiding
the implementation of the Government's Decree No. 57/1998/ND-CP, Circular No.
22/2000/TT-BTM dated December 15, 2000 and 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.
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1.2. The goods processing between the
enterprises in Chu Lai open economic zone and export-processing enterprises or
enterprises in the non-tariff area shall be considered processing with foreign
traders and comply with the provisions in the Ministry of Trade's Circular No.
26/1999/TT-BTM dated August 19, 1999.
1.3. Vietnamese enterprises and foreign-invested
enterprises may sign contracts on processing goods which are on the list of
goods banned from import or export or temporarily suspended from import or
export only after obtaining the written approval of the Ministry of Trade under
the Prime Minister's Decision No. 46/2001/QD-TTg dated April 4, 2001.
c) Regarding the granting of certificates of
origin - Form D:
The Management Board shall grant certificates of
ASEAN countries' goods origin - Form D to Vietnamese enterprises and
foreign-invested enterprises in Chu Lai open economic zone under the Ministry
of Trade's guidance.
Article 3. Quarterly, the Management
Board shall send to the Ministry of Trade reports on the import and export
activities of foreign-invested enterprises under the Ministry of Trade's
guidance in Circular No. 22/2000/TT-BTM dated December 15, 2000.
Article 4. The Ministry of Trade shall
periodically examine the implementation of the regulations in this Decision
according to law provisions.
Article 5. This Decision takes effect 15
days after its publication in the Official Gazette.
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