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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:
1555/1999/QD-BTM
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Hanoi, December 30, 1999
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DECISION
PROMULGATING THE
REGULATION ON EXPORT REWARD CONSIDERATION
THE MINISTER OF TRADE
Pursuant to the Government’s
Decree No. 95/CP of December 4, 1993 stipulating the functions, tasks, powers
and organizational structure of the Ministry of Trade;
Pursuant to the Prime Minister’s Decision No. 195/1999/QD-TTg
of September 27, 1999 on the setting up, use and management of the Export
Support Fund;
After consulting with the Ministry of Finance,
DECIDES:
Article
1.- To promulgate the Regulation on export reward consideration
together with this Decision.
Article 2.- The functional agencies under the Trade Ministry
and those of the concerned ministries and branches as well as the enterprises
engaged in export goods production and trading shall have to implement this
Decision.
Article 3.- This Decision takes effect for commendation of
achievements recorded in export activities as from 1999.
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FOR THE MINISTER OF TRADE
VICE MINISTER
Mai Van Dau
REGULATION
ON EXPORT REWARD
CONSIDERATION
(Issued together with Decision No.
1555/1999/QD-BTM of December 30, 1999 of the Trade Minister)
Chapter I
GENERAL PROVISIONS
Article 1.- Export reward consideration shall comply with
Decision No. 195/1999/QD-TTg of September 27, 1999 of the Prime Minister.
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Article 3.- Export commodities proposed for export reward
consideration shall be those the State encourages to export under the Trade
Ministry’s guidance, except for rice, crude oil, and goods
quantity exported according to the set quota or assigned norms. Export turnover
shall include quota-regulated export and non-quota export (excluding the value
of temporarily imported, re-exported or cross-border transshipped goods).
Chapter
II
SUBJECTS, CRITERIA FOR REWARD CONSIDERATION AND REWARD LEVELS
Article 4.- Enterprises of all economic sectors, which have
been established according to the provisions of law and have recorded
outstanding achievements in direct export, with high efficiency, meeting the
criteria prescribed in Article 5 below, shall be considered for reward under
this Regulation.
Article 5.- Criteria for reward consideration
Goods exporting enterprises prescribed in
Article 4, which meet one of the following criteria, shall all be considered
for reward. In cases where an enterprise simultaneously meets more than one
criterion, each criterion shall be considered for a separate reward, but the
total reward level must not exceed Vietnam dong 300 million:
5.1. Exporting a commodity (or a category of
commodity) produced in Vietnam, which has, for the first time, been consumed on
foreign markets, such goods category shall be added to the list of Vietnam
export goods (other than the commodity or category of commodity the enterprise
has, for the first time, exported abroad) and/or which have, for the first
time, been efficiently consumed on new export markets with the annual turnover
reaching USD 100,000 or more. Particularly for mountainous and island provinces,
the annual turnover must reach USD 50,000 or more.
This criterion shall be applied to both cases
(new commodity, new market). If either of these two cases reaches the level of
USD 100,000 per year (or USD 50,000 per year), or their aggregated turnover
reaches the above-mentioned level, the enterprise shall be proposed for reward
consideration.
Export efficiency shall be calculated on the
basis of each specific commodity proposed for reward consideration. The main
criterion for efficiency determination is that the export of such commodity
retrieves capital and gains profits.
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5.3. High-quality export commodities awarded
medals at international fairs and/or exhibitions held overseas or granted
certificates or written certification by international goods quality control
organizations.
5.4. Exporting commodities, made of domestic raw
materials and materials which account for 60 percent or more of their value; or
commodities made by intensive labor at home under current regulations of the
State such as: fine art handicraft articles; processed agricultural, forestry
and aquatic products; garments; footwear;… with the
annual export turnover reaching USD 10 million or more from such commodities;
or USD 3 million or more from fine art handicraft articles.
5.5. Exporting non-quota commodities or those in
excess of assigned norms with the annual turnover reaching USD 50 million or
more.
For the enterprises rewarded according to
criteria 5.4 and 5.5 from the second time on, the growth rate must meet the
criteria set in 5.2.
Article 6.- Reward forms and levels:
Apart from commendation diploma issued by the
Trade Ministry (for cases where enterprises have recorded exceptionally
splendid achievements, the Minister of Trade shall propose the Prime Minister
to decide the commendation), enterprises meeting the criteria stipulated in
Article 5 shall also be rewarded money from the Export Support Fund according
to the following prescribed levels:
6.1. Enterprises meeting the criteria stipulated
in Clause 5.1 (Article 5) shall be rewarded 1% of export turnover in Vietnam
dong according to FOB price at the average exchange rate between Vietnam dong
and US dollar on the inter-bank foreign currencies market, announced by the
State Bank at the time of reward consideration, which, however, must not exceed
Vietnam dong 150 million for one case.
6.2. Enterprises meeting the criteria stipulated
in Clauses 5.2, 5.4 and 5.5 (Article 5) shall be classified according to each
criterion; top ten enterprises shall be selected for each criterion for a
reward of between Vietnam dong 50 million and 100 million for each enterprise;
the remaining enterprises shall be given consolation rewards at levels not
exceeding 50 percent of the lowest level of top ten enterprises.
6.3. Enterprises meeting criterion 5.3 (Article
5) shall be rewarded Vietnam
dong 40 million for each case of getting a medal or certificate for goods
quality.
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Chapter
III
PROCEDURES FOR REWARD CONSIDERATION
Article 8.- On the basis of the criteria prescribed by this
Regulation, the commendation proposing enterprises shall send to the Trade
Ministry the dossiers, which include the following documents:
1. Report on the enterprise’s
export achievements (clearly stating the name, address, telephone and fax
number, Vietnam
dong account number and name of the bank where the enterprise’s
account is opened) according to each criterion with certification by the direct
managing body.
2. Depending on requirements for each criterion
(according to the guiding form of the Trade Ministry), the enterprise shall have
to send additional documents and statistics on their achievements;
Concretely:
For criterion 5.1:
- Detailed expositions on technological and
technical processes for the production of new export commodity(ies) (enclosed
with products’ photos) are required;
- Export contracts and copies of customs
declarations proving accurately and adequately the value of goods lots proposed
for reward consideration.
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Article 9.- The Trade Minister shall be assisted in considering
and deciding rewards by the Reward Concil composed of:
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A Vice Minister of Trade as its Chairman
- A department-level official of the
Export-Import Department, the Trade Ministry, as its standing member
- A department-level representative of the
Finance Ministry as a member
- A department-level official of the Planning
and Statistics Department, the Trade Ministry, as a member
- A department-level official of the
Finance-Accounting Department, the Trade Ministry, as a member.
Each department shall appoint one or two
specialists to assist the department leaders in gathering and processing
dossiers to be submitted to the Reward Council for consideration.
Article 10.- On the basis of the enterprise’s
reward proposing report (reward consideration dossiers shall be made in two
sets to be forwarded to the Trade Ministry - one to the
Planning and Statistics Department and the other to the Export-Import
Department), the Reward Council shall have to examine and compare them with
statistical data of the General Department of Customs and the General
Department of Statistics to consider and propose the Trade Minister to decide
the reward for each enterprise, which meets the prescribed criteria. The
deadline for submitting such dossier shall be March 31 every year.
Article 11.- Reward consideration shall be conducted in the
second quarter of every year. Before announcing the decisions on rewards for
the enterprises meeting criterion 5.1, the Reward Council shall announce them
on a number of mass media for comments in order to determine the accuracy of
the achievements considered for reward. Particularly, the consideration of
rewards for export goods quality prescribed in Clause 5.3 (Article 5) shall be
conducted within 45 days after receiving the enterprise’s proposal
for reward consideration.
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Article 13.- Annually, Export Reward Council shall make cost
estimates on payment for the Council’s activities related to reward
consideration (such as those for evaluation of reward considering dossiers,
documents printing, publicizing commendation diplomas on mass media, organizing
reward consideration and annual review meetings’) so that
the Ministry of Finance can synthesize and include them in the general
estimate.
Chapter
IV
IMPLEMENTATION PROVISIONS
Article 14.- This Regulation takes effect 15 days after its
promulgation and applies to the rewarding of achievements in export activities
as from 1999.
Any amendments and/or supplements to the
Regulation shall be decided by the Trade Minister after consulting with the
Ministry of Finance.-
FOR THE MINISTER OF TRADE
VICE MINISTER
Mai Van Dau