DECISION

AUTHORIZING THE MANAGEMENT BOARD OF CHU LAI OPEN ECONOMIC ZONE, QUANG NAM PROVINCE, TO MANAGE IMPORT, EXPORT AND COMMERCIAL ACTIVITIES OF ENTERPRISES IN CHU LAI OPEN ECONOMIC ZONE

THE MINISTER OF TRADE

Pursuant to the Government's Decree No. 95/CP dated December 4, 1993 defining the functions, tasks, powers and organizational apparatus of the Ministry of Trade;
Pursuant to the Industrial Parks, Export-Processing Zones and Hi-Tech Parks Regulation promulgated together with the Government's Decree No. 36/CP dated April 24, 1997;
Pursuant to the Prime Minister's Decision No. 108/2003/QD-TTg dated June 5, 2003 establishing Chu Lai open economic zone, Quang Nam province, and promulgating its Operation Regulation;
Pursuant to the Prime Minister's Decision No. 184/2003/QD-TTg dated September 8, 2003 on the establishment of the Management Board of Chu Lai open economic zone, Quang Nam province;
At the proposal of the People's Committee of Quang Nam province in Official Dispatch No. 1686/TTr-UB dated September 15, 2003,

DECIDES:

Article 1. To authorize the Management Board of Chu Lai open economic zone, Quang Nam province, (hereinafter called the Management Board for short), to manage import, export and commercial activities of foreign-invested enterprises in Chu Lai open economic zone, Quang Nam province.

Article 2. The Management Board shall approve the import plans and manage commercial activities of the enterprises in Chu Lai open economic zone according to the following contents:

a) Regarding import and export activities:

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1.1. The Management Board shall approve the import plans of foreign-invested enterprises and parties to business cooperation contracts stationing in Chu Lai open economic zone, 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 relevant legal documents in compatibility with investment licenses, business permits, econo-technical studies, technical designs and legal documents related to import and export management and administration, which include the following activities:

1.1.1. Approving the plans on import of machinery, equipment, transport means and supplies for the formation of fixed assets, the plans on import of production raw materials and certifying the exemption of import tax on machinery, equipment, transport means, supplies and substitute accessories for installation and investment in the formation of fixed assets, including the importation for asset formation by mode of financial hire-purchase from foreign-invested enterprises situated in Chu Lai open economic zone.

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

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

2. For export-processing enterprises:

2.1. The importation and exportation by export-processing enterprises shall comply with the provisions in Articles 38 and 39 of the Industrial Parks, Export-Processing Zones and Hi-Tech Parks Regulation promulgated 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.

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

3. For Vietnamese enterprises:

3.1. The import and export activities of Vietnamese enterprises in Chu Lai open economic zone shall comply with the Government's Decree No. 57/1998/ND-CP dated July 28, 1998 detailing the implementation of the Commercial Law regarding goods import, export, processing as well as sale and purchase agency activities 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 the management of goods import and export in the 2001-2005 period, and the Ministry of Trade's Circular No. 18/1998/TT-BTM dated August 28, 1998 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.

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3.3. The Management Board shall not approve the import plans of Vietnamese enterprises situated in the open economic zone.

4. For enterprises situated inside the non-tariff area (including foreign-invested enterprises and Vietnamese enterprises):

4.1. Activities of exchanging goods between the non-tariff area and foreign countries as well as among enterprises in the non-tariff area shall be considered the exchange relations between foreign countries and foreign countries.

Enterprises operating in the non-tariff area may export to foreign countries, and import goods outside the list of goods banned from export and list of goods banned from import, prescribed in the Prime Minister's Decision No. 46/2001/QD-TTg dated April 4, 2001 on the administration of goods import and export in the 2001-2005 period and the Ministry of Trade's Circular No. 11/2001/TT-BTM dated April 18, 2001 guiding the implementation of Decision No. 46/2001/QD-TTg dated April 4, 2001.

- The Management Board shall not approve the plans on import from, and export to foreign countries of the enterprises situated in the non-tariff area.

4.2. Activities of exchanging goods among the non-tariff area, enterprises outside the non-tariff area and the domestic market shall be considered the exchange relations between foreign countries and Vietnam and must comply with the provisions of the Vietnamese legislation on management of import and export goods.

- The Management Board shall not approve the plans on exchanging goods between the non-tariff area's enterprises and domestic market because this relationship has already complied with the provisions of the Vietnamese legislation on management of import and export goods as well as import tax and export tax.

b) Regarding export goods processing:

1.1. The goods processing between the open economic zone's enterprises 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 goods import, export, processing as well as sale and purchase agency activities with foreign countries and the Ministry of Trade's Circular No. 18/1998/TT-BTM dated August 28, 1998 guiding the implementation of the Government's Decree No. 57/1998/ND-CP, Circular No. 22/2000/TT-BTM dated December 15, 2000 and 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.

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1.2. The goods processing between the enterprises in Chu Lai open economic zone and export-processing enterprises or enterprises in the non-tariff area shall be considered processing with foreign traders and comply with the provisions in the Ministry of Trade's Circular No. 26/1999/TT-BTM dated August 19, 1999.

1.3. Vietnamese enterprises and foreign-invested enterprises may sign contracts on processing goods which are on the list of goods banned from import or export or temporarily suspended from import or export only after obtaining the written approval of the Ministry of Trade under the Prime Minister's Decision No. 46/2001/QD-TTg dated April 4, 2001.

c) Regarding the granting of certificates of origin - Form D:

The Management Board shall grant certificates of ASEAN countries' goods origin - Form D to Vietnamese enterprises and foreign-invested enterprises in Chu Lai open economic zone under the Ministry of Trade's guidance.

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

Article 4. The Ministry of Trade shall periodically examine the implementation of the regulations in this Decision according to law provisions.

Article 5. This Decision takes effect 15 days after its publication in the Official Gazette.

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