DECISION

AUTHORIZING THE INDUSTRIAL PARK MANAGEMENT BOARD OF DAK NONG PROVINCE’S INDUSTRIAL PARKS TO MANAGE IMPORT, EXPORT 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, issued together with the Government’s Decree No. 36/CP dated April 24, 1997;
Pursuant to the Prime Minister’s Decision No. 50/2003/QD-TTg dated April 14, 2003, establishing the Management Board of Dak Lac province’s Industrial Parks and Decision No. 32/2004/QD-TTg dated March 9, 2004, renaming the Management Board of Dak Lac province’s Industrial Parks the Management Board of Dak Nong province’s Industrial Parks;
At the proposal of the People’s Committee of Dak Nong province in Official Letter No. 478/TTr-UB dated March 28, 2005,

DECIDES:

Article 1. To authorize the Management Board of Dak Nong province's Industrial Parks (hereinafter called the Management Board for short) to manage export, import and commercial activities of enterprises located in industrial parks in Dak Nong province.

To authorize the Management Board of Dak Nong province's Industrial Parks (hereinafter called the Management Board for short) to manage export, import and commercial activities of enterprises located in industrial parks in Dak Nong province.

Article 2. The Management Board of Dak Nong province's Industrial Parks shall approve import plans and manage commercial activities of industrial-park enterprises according to the following contents:

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1. Regarding export and import activities

a/ For foreign-invested enterprises:

1.1. The Management Board shall approve import plans of foreign-invested enterprises and parties to business cooperation contracts investing in industrial parks in Dak Nong province, 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 Decree No. 27/2003/ND-CP dated March 19, 2003, and relevant legal documents, and the compatibility with their investment licenses, business licenses, techno-economic explanations, technical designs and legal documents related to export and import management and administration. The approval of import plans covers the following:

1.1.1. Approval of plans on the import of machinery, equipment, means of transport and supplies for the formation of fixed assets, and plans on the import of raw materials for production, and certification of import tax exemption for machinery, equipment, means of transport, supplies and spare parts for the installation and formation of fixed assets, including the import thereof by mode of financial hire-purchase by foreign-invested enterprises located in industrial parks in Dak Nong province.

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

1.1.3. Approval of plans on the import of supplies and raw materials for production and/or business activities of foreign-invested enterprises under their investment licenses in compatibility with the Prime Minister's Decision No. 46/2001/QD-TTg dated April 4, 2001, on goods import and export management in the 2001-2005 period and Circular No. 11/2001/TT-BTM dated April 18, 2001 of the Ministry of Trade guiding the implementation of Decision No. 46/2001/QD-TTg dated April 4, 2001.

1.1.4. Approval of the liquidation of machinery, equipment, means of transport, supplies and raw materials of foreign-invested enterprises according to Circular No. 01/2005/TT-BTM dated January 6, 2005 of the Ministry of Trade.

1.1.5. Approval of plans on the import of finished products for combination with export products of foreign-invested enterprises.

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, issued 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.

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b/ For Vietnamese enterprises:

1.4. Export and import activities of Vietnamese enterprises located in industrial parks shall comply with the Government's Decree No. 57/1998/ND-CP dated July 28, 1998, detailing the implementation of the Commercial Law regarding activities of goods import, export, 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 Minister's Decision No. 46/2001/QD-TTg dated April 4, 2001 on goods import and export management in the 2001-2005 period, and Circular No. 18/1998/TT-BTM dated August 28, 1998 of the Ministry of Trade 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 Government's 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 amendments and supplements thereto; Decree No. 52/1999/ND-CP dated July 8, 1999 promulgating the Regulation on Construction and Investment Management, Decree No. 12/2000/ND-CP dated May 5, 2000 on amendments and supplements thereto, and Decree No. 07/2003/ND-CP dated January 30, 2003, amending and supplementing a number of articles of Decree No. 52/1999/ND-CP, Decree No. 51/1999/ND-CP dated July 8, 1999 detailing the implementation of the Law on Domestic Investment Promotion (amended) and relevant legal documents. The Ministry of Trade shall consider and permit the import of machinery and equipment with the State budget capital source under the Prime Minister's Decision No. 91/TTg dated December 13, 1992;

2. On the processing of export goods:

2.1. The processing of goods between enterprises located in industrial parks 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 activities of goods import, export, processing as well as purchase and sale agency with foreign countries and Circular No. 18/1998/TT-BTM dated August 28, 1998 of the Ministry of Trade guiding the implementation of the Government's 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 border-gate customs offices. The Management Board shall not approve enterprises' processing contracts signed with foreign parties.

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

2.3. For contracts on the processing of goods on the list of those banned from import and/or export or temporarily suspended from import and/or export, enterprises may perform such contracts only after obtaining the written consents of the Ministry of Trade as provided for in the Government's Decree No. 57/1998/ND-CP.

Article 3. Quarterly, the Management Board shall send to the Ministry of Trade reports on import/export activities of foreign-invested enterprises under the guidance of the Ministry of Trade in its Circular No. 22/2000/TT-BTM dated December 15, 2000.

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Article 4. Periodically, the Ministry of Trade shall inspect the implementation of the provisions of this authorizing Decision according to law provisions.

Periodically, the Ministry of Trade shall inspect 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 "CONG BAO".

This Decision takes effect 15 days after its publication in "CONG BAO".

FOR THE MINISTER OF TRADE
VICE MINISTER




Le Danh Vinh