Laws of Vietnam

THE MINISTRY OF TRADE

Pursuant to the Prime Minister’s Decision No. 146/2002/QD-TTg of October 24, 2002 on the establishment of the Management Board of Ho Chi Minh City’s Hi-Tech Parks under the People’s Committee of Ho Chi Minh city;

At the proposal of the People’s Committee of Ho Chi Minh city in its Official Dispatch No. 6112/UB-VX of November 26, 2003,

DECIDES:

Article 1.- To authorize the Management Board of Ho Chi Minh City’s Hi-Tech Parks (hereinafter called the Management Board for short) to manage import, export and commercial activities of enterprises in Ho Chi Minh city’s hi-tech parks.

Article 2.- The Management Board shall consider and approve import plans and manage commercial activities of enterprises according to the following contents:

1. On import and export activities:

a/ For foreign-invested enterprises:

1.1. The Management Board shall consider and approve the import plans of foreign-invested enterprises and business cooperation parties to business cooperation contracts, which are located in Ho Chi Minh city’s hi-tech parks, ensuring the strict observance of 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 of July 31, 2000 and Decree No. 27/2003/ND-CP of March 19, 2003 and relevant legal documents and the compatibility with their investment licenses, business licenses, technical-economic explanation, technical designs and legal documents, related to import and export management and administration, covering the following activities:

1.1.1. Approving plans on import of machinery, equipment, transport means and supplies for the creation of fixed assets and 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 investment and installation for the creation of fixed assets, including the import thereof for asset creation by mode of financial hire-purchase by foreign-invested enterprises located in Ho Chi Minh city’s hi-tech parks.

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

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

1.2. The import and export by export-processing enterprises shall comply with 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 of April 24, 1997 and the Prime Minister’s Decision No. 53/1999/QD-TTg of March 26, 1999.

1.3. The goods sale and purchase between export-processing enterprises and inland market shall comply with the Trade Ministry’s Circular No. 23/1999/TT-BTM of July 26, 1999 guiding the Prime Minister’s Decision No. 53/1999/QD-TTg on goods sale and purchase with export-processing enterprises, the Trade Ministry’s Circular No. 22/2000/TT-BTM of December 15, 2000 and Circular No. 26/2001/TT-BTM of December 4, 2001.

b/ For Vietnamese enterprises:

1.4. The import and export activities of Vietnamese enterprises located in hi-tech parks shall comply with the Government’s Decree No. 57/1998/ND-CP of July 31, 1998 detailing the implementation of the Commercial Law’s provisions on goods import, export, processing and sale/purchase agency with foreign parties and the Government’s Decree No. 44/2001/ND-CP of 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 of April 4, 2001 on the management of goods import and export in the 2001-2005 period, and the Trade Ministry’s Circular No. 18/1998/TT-BTM of August 28, 1998 guiding the implementation of Decree No. 57/1998/ND-CP and Circular No. 20/2001/TT-BTM of August 17, 2001 guiding the implementation of Decree No. 44/2001/ND-CP.

1.5. The import of machinery, equipment and building materials by Vietnamese enterprises of all economic sectors operating in hi-tech parks shall comply with the Government’s Decree No. 88/1999/ND-CP of September 1, 1999 promulgating the Bidding Regulation and Decree No. 14/2000/ND-CP of May 5, 2000 on amendments and supplements thereto; and Decree No. 52/1999/ND-CP of July 8, 1999 promulgating the Regulation on construction and investment management and Decree No. 12/2000/ND-CP of May 5, 2000 on amendments and supplements thereto, Decree No. 51/1999/ND-CP of July 8, 1999 detailing the implementation of the (amended) Law on Domestic Investment Promotion and relevant legal documents. The Ministry of Trade shall consider and permit the import of machinery and equipment with the State budget capital under the Prime Minister’s Decision No. 91/TTg of December 13, 1992.

2. On the processing of export goods:

2.1. The goods processing by enterprises in hi-tech parks for foreign parties shall comply with the Government’s Decree No. 57/1998/ND-CP of July 31, 1998 detailing the implementation of the Commercial Law’s provisions on goods import, export, processing and sale/purchase agency with foreign parties and the Trade Ministry’s Circular No. 18/1998/TT-BTM of August 28, 1998 guiding the implementation of the Government’s Decree No. 57/1998/ND-CP, Circular No. 22/2000/TT-BTM of December 15, 2000, Circular No. 26/2001/TT-BTM of December 4, 2001 and Circular No. 20/2001/TT-BTM of August 17, 2001 guiding the implementation of Decree No. 44/2001/ND-CP.

Enterprises shall carry out procedures directly at the customs offices for the performance of processing contracts with foreign traders. The Management Board shall not approve the enterprises’ processing contracts signed with foreign parties.

2.2. The processing of goods by enterprises in hi-tech parks for export-processing enterprises shall be considered processing for foreign traders and comply with the Trade Ministry’s Circular No. 26/1999/TT-BTM of August 19, 1999.

2.3. Vietnamese enterprises and foreign-invested enterprises shall be allowed to sign contracts on the processing of goods on the lists of goods banned from import and/or export or temporarily suspended from import and/or export only after obtaining the Trade Ministry’s written approvals according to the Prime Minister’s Decision No. 46/2001/QD-TTg of April 4, 2001.

3. On the granting of the certificates of origin:

The Management Board shall grant the certificates of goods origin, Form D, applicable to the ASEAN countries, to Vietnamese enterprises and foreign-invested enterprises located in hi-tech parks under the Trade Ministry’s guidance.

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

Article 4.- 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 the Official Gazette.

For the Minister of Trade
Vice Minister
MAI VAN DAU