DECISION

AUTHORIZING LAM DONG PROVINCES INDUSTRIAL PARKS MANAGEMENT BOARD TO MANAGE EXPORT, IMPORT AND COMMERCIAL ACTIVITIES OF INDUSTRIAL-PARK ENTERPRISES

THE MINISTER OF TRADE

Pursuant to the Government's Decree No. 29/2004/ND-CP dated January 16, 2004 on the functions, tasks, powers and organizational structure 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. 66/2004/QD-TTg dated April 20, 2004 establishing Lam Dong provinces Industrial Parks Management Board;
At the proposal of the Peoples Committee of Lam Dong province in Official Dispatch No. 3293/UB dated August 31, 2004,

DECIDES:

Lam Dong 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

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1.1. The Management Board shall approve the import plans of foreign-invested enterprises and parties to business cooperation contracts, which invest in Lam Dong provinces industrial parks, in 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 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 licenses, 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 tasks:

1.1.1. Approving plans on 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 located in Lam Dong provinces industrial parks.

1.1.2. Approving plans on temporary import of machinery, equipment and/or transport means hired from foreign countries, which are not yet included in the technological chains, for operation of foreign-invested enterprises.

1.1.3. Approving plans on 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 management of goods export and import in the 2001-2005 period and the Ministry of Trades 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 Ministry of Trades 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 the management of goods export and import in the 2001-2005 period, and the Ministry of Trades Circular No. 18/1998/TT-BTM dated August 28, 1998 guiding the implmentation 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;

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2.1. The goods processing between industrial-park 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 Ministry of Trades 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-park enterprises and export-processing enterprises shall be regarded as the processing with foreign traders and comply with the provisions of the Ministry of Trades Circular No. 26/1999/TT-BTM dated August 19, 1999.

2.3. For contracts on 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 Ministry of Trades written approval as prescribed in the Governments Decree No. 57/1998/ND-CP.

Quarterly, the Management Board shall send to the Ministry of Trade a report on export and import activities of foreign-invested enterprises under the Ministry of Trades guidance in its Circular No. 22/2000/TT-BTM dated December 15, 2000.

The Ministry of Trade shall periodically examine the implementation of the provisions of this authorizing Decision according to law provisions.

This Decision takes effect 15 days after its publication in the Official Gazzete.

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