Laws of Vietnam

DECISION No. 1555/1999/QD-BTM OF DECEMBER 30, 1999 PROMULGATING THE REGULATION ON EXPORT REWARD CONSIDERATION

THE MINISTER OF TRADE

DECIDES:

Article 1.- To promulgate the Regulation on export reward consideration together with this Decision.

Article 2.- The functional agencies under the Trade Ministry and those of the concerned ministries and branches as well as the enterprises engaged in export goods production and trading shall have to implement this Decision.

Article 3.- This Decision takes effect for commendation of achievements recorded in export activities as from 1999.

For the Minister of Trade
Vice Minister
MAI VAN DAU

REGULATION ON EXPORT REWARD CONSIDERATION

Chapter I

GENERAL PROVISIONS

Article 1.- Export reward consideration shall comply with Decision No. 195/1999/QD-TTg of September 27, 1999 of the Prime Minister.

Article 2.- Annually, the Ministry of Finance shall pay the export reward (from the Export Support Fund) to enterprises which have met the criteria prescribed in this Regulation according to the Trade Minister’s decision.

Article 3.- Export commodities proposed for export reward consideration shall be those the State encourages to export under the Trade Ministry’s guidance, except for rice, crude oil, and goods quantity exported according to the set quota or assigned norms. Export turnover shall include quota-regulated export and non-quota export (excluding the value of temporarily imported, re-exported or cross-border transshipped goods).

Chapter II

SUBJECTS, CRITERIA FOR REWARD CONSIDERATION AND REWARD LEVELS

Article 4.- Enterprises of all economic sectors, which have been established according to the provisions of law and have recorded outstanding achievements in direct export, with high efficiency, meeting the criteria prescribed in Article 5 below, shall be considered for reward under this Regulation.

Article 5.- Criteria for reward consideration

Goods exporting enterprises prescribed in Article 4, which meet one of the following criteria, shall all be considered for reward. In cases where an enterprise simultaneously meets more than one criterion, each criterion shall be considered for a separate reward, but the total reward level must not exceed Vietnam dong 300 million:

5.1. Exporting a commodity (or a category of commodity) produced in Vietnam, which has, for the first time, been consumed on foreign markets, such goods category shall be added to the list of Vietnam export goods (other than the commodity or category of commodity the enterprise has, for the first time, exported abroad) and/or which have, for the first time, been efficiently consumed on new export markets with the annual turnover reaching USD 100,000 or more. Particularly for mountainous and island provinces, the annual turnover must reach USD 50,000 or more.

This criterion shall be applied to both cases (new commodity, new market). If either of these two cases reaches the level of USD 100,000 per year (or USD 50,000 per year), or their aggregated turnover reaches the above-mentioned level, the enterprise shall be proposed for reward consideration.

Export efficiency shall be calculated on the basis of each specific commodity proposed for reward consideration. The main criterion for efficiency determination is that the export of such commodity retrieves capital and gains profits.

5.2. Expanding the existing export market or opening new markets with efficiency and with the current year’s export turnover being higher than that of the preceding year, which is, for the immediate future, 20%, and 15 % for mountainous and island provinces; with the turnover increasing by between USD 200,000 and USD 500,000, depending on each commodity line and each region.

5.3. High-quality export commodities awarded medals at international fairs and/or exhibitions held overseas or granted certificates or written certification by international goods quality control organizations.

5.4. Exporting commodities, made of domestic raw materials and materials which account for 60 percent or more of their value; or commodities made by intensive labor at home under current regulations of the State such as: fine art handicraft articles; processed agricultural, forestry and aquatic products; garments; footwear;… with the annual export turnover reaching USD 10 million or more from such commodities; or USD 3 million or more from fine art handicraft articles.

5.5. Exporting non-quota commodities or those in excess of assigned norms with the annual turnover reaching USD 50 million or more.

For the enterprises rewarded according to criteria 5.4 and 5.5 from the second time on, the growth rate must meet the criteria set in 5.2.

Article 6.- Reward forms and levels:

Apart from commendation diploma issued by the Trade Ministry (for cases where enterprises have recorded exceptionally splendid achievements, the Minister of Trade shall propose the Prime Minister to decide the commendation), enterprises meeting the criteria stipulated in Article 5 shall also be rewarded money from the Export Support Fund according to the following prescribed levels:

6.1. Enterprises meeting the criteria stipulated in Clause 5.1 (Article 5) shall be rewarded 1% of export turnover in Vietnam dong according to FOB price at the average exchange rate between Vietnam dong and US dollar on the inter-bank foreign currencies market, announced by the State Bank at the time of reward consideration, which, however, must not exceed Vietnam dong 150 million for one case.

6.2. Enterprises meeting the criteria stipulated in Clauses 5.2, 5.4 and 5.5 (Article 5) shall be classified according to each criterion; top ten enterprises shall be selected for each criterion for a reward of between Vietnam dong 50 million and 100 million for each enterprise; the remaining enterprises shall be given consolation rewards at levels not exceeding 50 percent of the lowest level of top ten enterprises.

6.3. Enterprises meeting criterion 5.3 (Article 5) shall be rewarded Vietnam dong 40 million for each case of getting a medal or certificate for goods quality.

Article 7.- Awarded enterprises shall have to transfer the reward money into their reward funds and have the right to use such reward money for business development and/or distribution to collectives and/or individuals inside and outside the enterprises (including collectives and individuals of Vietnam’s overseas representations and commercial agencies, export consignment units,…that have contributed to the common achievements). In cases where the above-said collectives and/or individuals have recorded exceptionally splendid achievements, the enterprises may propose the Trade Ministry to consider them for additional reward.

Chapter III

PROCEDURES FOR REWARD CONSIDERATION

Article 8.- On the basis of the criteria prescribed by this Regulation, the commendation proposing enterprises shall send to the Trade Ministry the dossiers, which include the following documents:

1. Report on the enterprise’s export achievements (clearly stating the name, address, telephone and fax number, Vietnam dong account number and name of the bank where the enterprise’s account is opened) according to each criterion with certification by the direct managing body.

2. Depending on requirements for each criterion (according to the guiding form of the Trade Ministry), the enterprise shall have to send additional documents and statistics on their achievements;

Concretely:

For criterion 5.1:

- Detailed expositions on technological and technical processes for the production of new export commodity(ies) (enclosed with products’ photos) are required;

- Export contracts and copies of customs declarations proving accurately and adequately the value of goods lots proposed for reward consideration.

3. Efficiency calculating index for each criterion.

Article 9.- The Trade Minister shall be assisted in considering and deciding rewards by the Reward Concil composed of:

- A Vice Minister of Trade as its Chairman

- A department-level official of the Export-Import Department, the Trade Ministry, as its standing member

- A department-level representative of the Finance Ministry as a member

- A department-level official of the Planning and Statistics Department, the Trade Ministry, as a member

- A department-level official of the Finance-Accounting Department, the Trade Ministry, as a member.

Each department shall appoint one or two specialists to assist the department leaders in gathering and processing dossiers to be submitted to the Reward Council for consideration.

Article 10.- On the basis of the enterprise’s reward proposing report (reward consideration dossiers shall be made in two sets to be forwarded to the Trade Ministry – one to the Planning and Statistics Department and the other to the Export-Import Department), the Reward Council shall have to examine and compare them with statistical data of the General Department of Customs and the General Department of Statistics to consider and propose the Trade Minister to decide the reward for each enterprise, which meets the prescribed criteria. The deadline for submitting such dossier shall be March 31 every year.

Article 11.- Reward consideration shall be conducted in the second quarter of every year. Before announcing the decisions on rewards for the enterprises meeting criterion 5.1, the Reward Council shall announce them on a number of mass media for comments in order to determine the accuracy of the achievements considered for reward. Particularly, the consideration of rewards for export goods quality prescribed in Clause 5.3 (Article 5) shall be conducted within 45 days after receiving the enterprise’s proposal for reward consideration.

Article 12.- Commendation decisions of the Trade Minister shall be publicized in the "Thuong Mai" ("Trade") newspaper.

Article 13.- Annually, Export Reward Council shall make cost estimates on payment for the Council’s activities related to reward consideration (such as those for evaluation of reward considering dossiers, documents printing, publicizing commendation diplomas on mass media, organizing reward consideration and annual review meetings…) so that the Ministry of Finance can synthesize and include them in the general estimate.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 14.- This Regulation takes effect 15 days after its promulgation and applies to the rewarding of achievements in export activities as from 1999.

Any amendments and/or supplements to the Regulation shall be decided by the Trade Minister after consulting with the Ministry of Finance.-