Laws of Vietnam

THE PRIME MINISTER

DIRECTIVE No. 264-TTg OF APRIL 24, 1997 ON THE ISSUE OF GUIDING DOCUMENTS AND THE PERFORMANCE OF A NUMBER OF TASKS IN IMPLEMENTATION OF THE REGULATION ON INDUSTRIAL ZONES, EXPORT PROCESSING ZONES AND HIGH-TECH ZONES

The Regulation on industrial zones, export processing zones and high-tech zones (IZs) was issued together with Decree No. 36-CP of April 24, 1997 of the Government. To ensure the implementation of this Regulation, the Prime Minister hereby instructs the Ministries, ministerial-level agencies and agencies attached to the Government to attend to the following:

1. On the basis of the contents of this Regulation, the concerned agencies shall issue documents to provide detailed guidance for the implementation of the Regulation. More concretely:

a/ The Ministry of Planning and Investment shall provide guidance on the conditions for forming an IZ; the drawing up of a project dossier for setting up of an IZ, IZ infrastructure development companies and IZ enterprises; the model investment licenses of foreign investment projects in IZs and the model Regulation on the management of the IZ(s).

b/ The Ministry of Construction shall issue guiding documents for the evaluation of the technical designs of Group B projects with regard to foreign investment, Group B and Group C projects with regard to domestic investment and the model Regulation on the management of the construction of the IZ(s).

c/ The Ministry of Industry shall assume the main responsibility and coordinate with the Vietnam Board of Management of the IZs in issuing the list of industries the investment of which in the IZs is encouraged, restricted or banned in each period in conformity with the industrial development and characteristics of each IZ.

d/ The Ministry of Science, Technology and Environment shall issue documents on the list of the industries and technologies the investment of which in the high-tech zone(s) shall be given priority.

e/ The Ministry of Trade shall issue documents authorizing the provincial Boards of Management of the IZ(s) to consider and approve the import and export plans of the IZ enterprises.

f/ The Government Commission on Organization and Personnel shall assume the main responsibility and coordinate with the Vietnam Board of Management of the IZs in issuing documents to lay down the general provisions on the system of salaries and wages of Government officials and employees; the organizational apparatus, personnel training and fostering; procedures for the appointment of leading officials; procedures for considering and approving the annual payroll of the provincial Boards of Management of the IZs.

g/ The Ministry of Planning and Investment shall assume the main responsibility and coordinate with the Ministry of Trade in issuing documents on the list of the industrial products of each industrial zone allowed to be consumed on the Vietnamese market in each period suitable to the situation of the production development and the domestic market.

h/ The Ministry of Science, Technology and Environment shall coordinate with the Ministries managing the economic-technical branches in issuing documents on the import of used equipment.

i/ The National Land Administration shall issue documents providing for the registration procedures and the granting of registration papers for the sub-lease of land in industrial zones between the enterprises and the infrastructure development companies in the IZs.

j/ The General Department of Customs shall issue documents defining the simple and convenient customs procedures for the purchase of raw materials, supplies and goods from the domestic market into the export processing zones and export processing enterprises and the consumption of waste materials and defective products, which still have commercial value, of the export processing zones and export processing enterprises on the domestic market.

2. The concerned agencies shall, within their power, determine the scope of competence to be delegated to the provincial Boards of Management of the IZ(s) for performing a number of tasks of State management over the IZs; the Vietnam Chamber of Commerce and Industry shall consider and authorize the provincial Boards of Management of the IZ(s) to issue the certificates of origin of goods to the IZ enterprises.

3. The trade, financial, customs, police and other necessary specialized agencies shall establish in each IZ or each cluster of IZs their representative offices which have full competence to directly handle the work therein (in cases where the provincial Board of Management of the IZ(s) has not yet been authorized to perform the tasks of such specialized branches, including the issue of certificates of origin of goods).

Within 3 months from the effective date of the Decree issuing the Regulation on the Industrial Zones, the above-said agencies shall have to complete the work stated in Item 1 of this Directive.

The Vietnam Board of Management of the Industrial Zones is assigned to monitor and sum up the situation of the guiding documents and the contents stipulated in Items 2 and 3 of this Directive and report it to the Prime Minister.

The Prime Minister

VO VAN KIET