DECISION

ON PILOT APPLICATION OF A NUMBER OF POLICIES IN MONG CAI BORDER GATE AREA

THE PRIME MINISTER

Pursuant to the September 30, 1992 Law on Government’s Organization;
At the proposal of the President's Committee of Quang Ninh province in Document No. 342CV/UB on February 7,1996, of the Minister of Planning and Investment in Document No. 1646 BKH/QL on April 18, 1996 and comments of the ministries and central agencies concerned.

DECIDES:

Article 1: To allow the pilot application of a number of policies in Mong Cai border gate area, including Mong Cai town and the communes of Hai Xuan, Hai Hoa, Ngoc Binh, Tra Co, Ninh Duong Van Ninh, Hai Yen, Hai Dong, Hai Tien, Vinh Trung, Vinh Thuc of Quang Ninh province.

Mong Cai border gate area is prioritized to develop trade, exports, imports, services, tourism and industry under law of Socialist Republic of Vietnam and in accordance with international general rule

Government of the Socialist Republic of Vietnam respects and protects the legal rights of Vietnamese and foreign investors invest in the area of ​​Mong Cai border gate in accordance with law and current policy of Vietnam and other international treaties which the Socialist Republic of Vietnam has signed or acceded.

Article 2: Commercial activities and commercial services in Mong Cai border gate area include activities such as import, export and temporary import for re-export and transport of goods in transit, bonded warehouse, duty shops, exhibitation fairs, product intrduction showrooms, establishments producting or processing export goods, and branches, representatives of domestic and foreign companies, entry market; the above activities are conducted in accordance with current regulations

Article 3: The domestic and foreign investors are encouraged to invest in developing the manufacturing, business and infrastructure construction in the area of ​​Mong Cai border gate in accordance with the Law on Domestic Investment Promotion and Law on Foreign Investment in Vietnam, in addition to preferential treatment rights under the current regulations, shall get the following treatments:

1 – The investors are cut down 50% of the land and water surface renting price compared to the current price range of State applied in Mong Cai border gate area.

2 - Within four years since the enterprises begin paying the income-tax, the investor must pay income-tax only in the lowest level in tax range under the law.

3 - The investors including in or outside the country, if they invest in the industries, trades that are prioritized in accordance with social-economic development planning of Mong Cai border gate area are decrease/exempt from income- tax under current regulations.

4 - Foreign investors pay abroad profit- transfer tax with the lowest tax rate in the tax range under law

Article 4. Mong Cai border gate area is mobilized domestic and foreign capital in suitable forms for construction of necessary infrastructure, service-production-business establishment in accordance with socio-economic development planning, ensure defense and security.

The construction investment of civil - industrial work, technological infrastructure, social infrastructure at Mong Cai border gate area must be complied with current regulations on investment management and construction of Vietnam.

Article 5: To accelerate process of infrastructure construction in Mong Cai border gate area, the construction company and infrastructure development is established as State enterprise. In five years (1996 -2000) State shall invest paticularly through the provincial budget for Mong Cai border gate area not less than 50% of total budget revenues every year  in the local Mong Cai border gate area.

Total investment capital and a list of infrastructure projects are invested from budget capital suggested by the provincial People's Committee of Quang Ninh, the Ministry of Planning and Investment make decisions after agreement opinion of the Ministry of Finance

Article 6: The foreigner may immigrate into the border gate area under regulations in this decision, in accordance with Vietnam laws on immigration and other treaties or agreements on entry-exit visa that Viet Nam has signed with other countries.

In Case when coming to Vietnam border belonging to the Mong Cai border gate area without a visa and not in object exempted from entry and exit visa, shall be considered for visa by Immigration management agency (Ministry of Interior)

Article 7:

1 - Citizens of the People's Republic of China (hereinafter referred to as China) residing in the border district area opposite to the Mong Cai border gate may cross Mong Cai border gate area by identity card or entry and exit passport in border area granted by Chinese competent authority

The duration of temporary resident in Mong Cai border gate area does not exceed 07 days, when foreigners want to go to other places in Quang Ninh because of invitation of Vietnam’s agencies and organizations in Quang Ninh, they must have a proposal document to Quang Ninh province’s police security for granting travel permit; travel permit is valid for one time and not more than 05 days.

2 - Chinese citizens residing outside the area referred to in paragraph 1 of this Article can cross ​​Mong Cai border gate with ordinary passports issued by the competent authorities of the China, are exempt from Vietnam entry-exit visa. The duration of temporary resident in Mong Cai border gate area is not exceed 15 days, if they want to go to other places in Quang Ninh province or other provinces of Vietnam, shall considered by Immigration management agency (Ministry of Interior)) for visa granting at the Mong Cai border gate area.

3 - Other foreigners can cross ​​Mong Cai border gate area with passports, are exempt from Viet Nam’s entry or exit from visa; the duration of temporary resident in Mong Cai border gate area is not exceed 15 days, if they want to go to other places in Quang Ninh province or other provinces of Vietnam, shall considered by Immigration management agency (Ministry of Interior)) for visa granting at the Mong Cai border gate area.

Article 8:

1 - Chinese crews of Chinese ships and boats can come into Mong Cai border gate area to deliver and receive goods under contract with the book of crews granted by the Chinese competent authority. If they need to deliver goods at other ports of Quang Ninh province, they must be permitted by the police security in Quang Ninh province.

2 - Other foreign crews entering Mong Cai border gate area shall comply with current regulations of Vietnam's entry and exit.

Article 9 People's Committee of Quang Ninh province establishes Steering Committee to direct pilot implementation policies stated in this decision. After two years of implementation, the People's Committee of Quang Ninh province assume responsibility to preside over and coordinate with ministries and central agencies in conducting summary of the pilot application of the above policies in Mong Cai border gate area and propose to Prime Minister for necessary amendment and supplement.

Article 10:  This Decision shall take effect from the date of its signing. Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, chairman of People’s Committee of Quang Ninh province in functions, duties and powers, shall be responsible for implement this decision.

VO VAN KIET

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