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The Decree 40/cp: Regarding The Promulgation Of A Regulation On Policies And Measures Aimed At Developing The Export Production

Original Language Title: Nghị định 40/CP: Về việc ban hành bản Quy định về chính sách và biện pháp nhằm phát triển sản xuất hàng xuất khẩu

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GOVERNMENT COUNCIL
Number: 40 /CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, February 7, 1980

DECREE

NUMBER 40 /CP ON FEBRUARY 7, 1980 ABOUT THE RELEASE OF THE
POLICY AND POLICY REGULATION.
EXPORT PRODUCT DEVELOPMENT

GOVERNMENT COUNCIL

Based on the Law of the Government Council on 14 July 1960;

At the suggestion of the Minister of Foreign Affairs,

Base to the resolution of the Council of Government during the sessions of the Standing Council of the Government on 11 May 1979 and January 17, 1980,

DECREE

What? 1- It has been issued by this decree on policy and measures to encourage the development of export products.

What? 2- This designation was replaced by a decree issued by decree number 227-CP on June 21, 1979, and effective date from the date of the signing. The previously issued documents left with this designation repel.

What? 3- The chief ministers of the ministries, the peer-to-body, the government of the Council of Government, the chairman of the People's Committee of the provinces and the central city of the Central Committee are responsible for the implementation of this decree.

THE SPECIFIED

IN TERMS OF POLICY AND MEASURES AIMED AT ENCOURAGING DEVELOPMENT OF EXPORT PRODUCTION

(Issued by decree No. 40-CP on February 7, 1980)

The base at the resolution of the Fourth Congress of the Party and the resolutions of the Central Committee of the Party;

In order to demonstrate the resolutions of the Council of Government and its decisions, the directive was enacted in order to increase the export of export goods, serving a socialist industrialization;

The Government Council provides below the specific policy and measures to encourage the development of export production, the company said.

I
INVESTMENT TO GROW EXPORT PRODUCTION

What? 1- To vigorously develop economic potential, quickly creating a variety of capital exports, the State intensis to invest in the manufacturing sector, first of all agriculture, forestry, fishing, industrial extraction of large reserves of reserves, the company said. Lightweight, industrial, industrial and export-based goods: relatively high investment performance, construction time, and relatively rapid production base.

What? 2- The state focused its investment in depth by the addition of the device, fining the production line, expanding or reforming existing enterprises, while simultaneously investing in the breadth by building up export facilities that produce exports with the volume of goods. Large, high quality, focused on the commodity exports that have a stable and stable market. Critical of the development of agriculture and forestry, the exploitation of seafood and mineral resources is relatively abundant, industrial and industrial industries have traditional techniques or fast-training conditions. A professional proficiency worker.

What? 3- In investing in export-export industries, investment in agriculture, forestry, fishing, emphasis of production from manufacturing to shipping, processing; in industry, the focus of both primary production and auxiliary stitchwork; travel. Sometimes the development of products, investing in both the packaging and packaging means, the inventory of goods, especially the dedicated warehouse; the focus of transportation for export.

What? 4- Capital investment may be capital in the country or foreign capital, including loan capital, foreign investment in the form of economic cooperation. If you invest in debt, the unit produces, the business must guarantee the payment of the entire foreign currency (including interest) by its export line, in accordance with the specified deadline. (In the case of a portion of the exported goods used to meet the domestic needs, will consider separately). The foreign bank is responsible for trading and signing short-term capital loan contracts and foreign neutrality on investment purposes for export. The production facilities and foreign organizations need further research into the form of machinacal cooperation to import equipment, materials, materials, and payment by export products.

For the construction facilities that the payment deadline may be longer, use the form of economic cooperation with foreign countries under chapter II in the Charter of Foreign Investment in Vietnam.

What? 5- The State Planning Commission, the Ministry of Foreign Trade, the Ministry of Finance, State Bank, the ministries of the ministers and the People ' s Committee are responsible for its base in the direction of the development of the national economy, export direction, determination of investment, to push the economy. strong export in annual planning and a five-year plan.

What? Six. The Board of Government Exposition (established by Decision No. 178 -TTg on 15 April 1977, led by the Minister of Foreign Affairs as head of the Department of Foreign Affairs) has the mandate to study and petition with the Government of the projects, advocated and specific measures of investment. To boost export production.

II
SUPPLY OF RAW MATERIALS AND SUPPLIES FOR EXPORT-PRODUCING UNITS

What? 7- The units produced below are provided by the State for the supply of materials, materials needed. (If raw materials, domestic supplies have not yet secured, the State will resolve by the source of imports):

-state-owned enterprises and state-owned enterprises are assigned export consumption;

-The country ' s planned export crop, the plan of the State and the sale of products to the State, on the basis of two-way economic contracts;

-Industrial industrial cooperation, industrial capital manufacturing exports on the basis of two-dimensional economic contracts; if delivered raw materials, must resell the entire product to the foreign trade organization;

-Other cooperWorks that manufacture or exploit exports.

What? 8- The State Planning Commission, the Ministry of Foreign Trade, the State Bank, the Ministry of Finance and the Department of Economic Affairs-engineering is responsible for balancing the raw materials, supplies for the export of export goods (including raw materials, imported supplies) and must protect them. It's a lot of money to do with the ingredients, the supplies.

In the case of raw materials, imported materials do not guarantee the general requirement of the production, then export production units (said in article 7) must be given a proper solution.

III
FOOD POLICY ON SOCIAL COOPERATION
EXPORT AND EXPORT SALES

What? 9- The cultivation of the export tree in the state-planned export and planning areas, if not enough food, enjoyed the provisions of the provisions of the provisions of the 125th-TTg directive on 27 March 1971. The government (the government of the government). Other cooperative products that produce and exploit exports are provided by their own provisions.

In the case of local food difficulties, the District or Provincial Committee of the District or the province does not guarantee or guarantee only a portion of the food to the state-based cooperative and state planning, the State will supplement the food supply. Actually, but the locals have to use this food supply to be used in the export of export crops, not to use the amount of food added to the other.

What? 10- The Ministry of Food and Food, the Ministry of Foreign Trade is responsible for negotiating with the ministries and the People's Committees of the provinces that are relevant to stipulate the annual food supply to those cooperated in the export crops and the forestry mining regions. It is specialized for export as well as the production and extraction of the export product; in the regulation of the food supply level, it must be based on the state's balance of food, of each local, and the rational requirements of each region. The People's Committee of the Provinces must have the correct assurance of execution.

IV
FOREIGN CURRENCY LENDING TO MANUFACTURING DEVELOPMENT
EXPORT QUEUE

What? 11- To facilitate the production and business of foreign trade, the rapid increase in the volume of goods exports and increased foreign currency revenues, the economic sectors, production units and foreign trade organizations are borrowed from foreign currency to boost production and family. Export sales.

To compete in foreign interest rates, some business organizations are allowed to borrow foreign currency for the return of business.

What? 12- The foreign bank is allowed to establish a special foreign currency fund to lend to the development of export-called export goods.

Export of export foreign funds:

-The bank's own.

-Foreign loan bank.

-State ' s foreign currency adds to the fund (by a quote of 5% of the export tranche to the capitalist market);

-The bank interest proceeds from the export service.

What? 13- Manufacturing units, business, foreign organizations only to be borrowed by foreign currency funds export to use on the purposes of writing at article 11 with a return condition and interest to the bank on term, increasing foreign currency revenues.

What? 14- The way to borrow and pay export foreign currency to develop the production of exported goods is regulated as follows:

1. For exports to the socialist market, not to record the export plan or production of a plan to exceed the plan (i.e., export-off-plan), production units or business organizations that trade the fund ' s borrowing business. Foreign currency exports to import materials, supplies essential to manufacturing with the condition that the Ministry of Foreign Trade confirms that items can be exchanged, the supplies have a strong foreign value of socialist countries, worth higher than the number of countries. Foreign currency, foreign currency, foreign currency export.

2. For items that are credited to export plans to the capitalist market, the State guarantees raw materials and supplies (under the provisions of chapter II); in the event the State lacks foreign currency to import, the production units or organization of the country. The foreign exchange business foreign trade is exported to the export of materials, supplies needed for production.

For both cases one and two above, the bank applies the amount of interest.

3. For the planned goods export to the capitalist market, the production units or the foreign exchange business organization exported to market interest rates to enter the raw materials, the supplies needed for production, with the provision of the export of the foreign currency. It was confirmed by the Ministry of Foreign Affairs to be economically effective.

4. For the foreign currency obtained due to an external export plan, after having paid the capital and interest to the bank, the rest are distributed, used as follows:

-30% additional for export foreign currency funds,

-70% for the production unit, the manufacturing business used in the form of currency use rewards.

What? 15- The format of borrowing and paying export foreign currency to business of transfer or import of premium goods sold at foreign exchange stores is regulated as follows:

1. The foreign trade company is a foreign currency to trade or use the price of the market to buy into the sale, but has to be confirmed by the Department of Foreign Affairs as having an economic effect.

2. Foreign Trade Company, Tourism Company, Seaboat Supply Company, Total Civil Aviation Administration also loans foreign currency to enter high-end consumer goods (due to the Department of Foreign Affairs) to sell at private foreign exchange retail stores. After the companies said on the return of capital and interest to the bank, it was enjoyed between 15% and 30% (the remaining foreign currency) for use in the expansion of the business and submitted to the rest of the State House.

What? 16- In cases of applying article 15, if the foreign trade organization is able to purchase the goods of foreign traders, the Foreign Bank is responsible for the protection, if necessary and necessary.

V.
ENCOURAGING COOPERCOOPERES AND HOUSEHOLDS IN UNTRAINED REGIONS, REGIONS OF THE REGION
FORESTRY EXTRACTION, PRODUCT SALE
EXPORT TO STATE

What? 17- The coopercooperis, production corporations or individual farmers in non-professional agricultural regions and distributed forest mining regions are not subject to the provision of food supply and regulatory supplies in the chapters II and III, if they are not. has agricultural products, agricultural products that are sold to the State, which is encouraged by the state by reselling some food, manufacturing, or consumer goods worth between 5% and 20% of the foreign currency value of the exported product. State, depending on the product.

In terms of supplies, goods selling incentives for each type of export product, the Ministry of Foreign Trade, along with the ministries and the People's Committee of the provinces, came up with the export of the research and recommended that the Council of Government regulations in each era, based on capacity. The State of the State.

What? 18- The agricultural products, the exporting of the state, are encouraged (article 17), before the eyes:

1. Food for short day: rice, corn, camel, beans, sesame, pineapple, banana, tobacco, jute, oil, etc.;

2. Long Tree: coffee, tea, pepper, orange, grapefruit, etc.;

3. Forestry: red ants, white ants, flowers, cinnamon, etc.;

4. The medicinal plant (has its own rules)

For other items to be exported by local goods, it will be based on the state's encouragement level that determines the rationing.

What? 19- The method of selling as an incentive for the types of records in article 18 is done by a two-dimensional economic contract signing with the state-based production unit.

The wholesale price of agricultural products is the export of the cooperated food, production and sale prices for the coopercooperes, the export of export goods, the state of the state.

What? 20- The state distributed to the Ministry of Foreign Trade some of the supplies needed to create a special goods fund that would sell incentives for the cooperations and households to export goods. In addition to domestic production supplies, the Ministry of Foreign Trade is foreign-funded by the State Department to enter the supplies needed by the special goods fund.

The Ministry of Foreign Affairs is responsible for managing and using this commodity fund in accordance with the regime of the State. Foreign companies based on the two-way economic contract have signed up to the facility, using this fund to carry out its obligations, the Provincial People's Committee, the District of the District, to examine the manufacturing facilities, to acquire, to make the right economic contract signed.

VI
EXPORT POLICY AND EXPORT PRICES

What? 21- The state has the right to buy the right incentive for export products aimed at encouraging positive production units to produce a variety of export-based goods (especially flagship) of high volume, high value, making Vietnamese exports more powerful. Attractive in the world market.

The price of export purchases is in the general price system in the country, but for export commodities due to requirements for higher standards and qualities, better shape, packaging and packaging, when pricing is required, there needs to be an adequate level of difference to encourage. Export sales.

What? 22- For export industrial products, when valuing into production, it has to consider every production element to create an international standard item: the quality of the materials and materials that use, the technical level of the production item, the craft of the company. charge, the cost of research to make the item (or the cost of patent purchase, purchase of foreign technical tips) and the responsibility of the manager ...

What? 23- For export farmers, when purchasing valuation, on the basis of a state policy of the price of the state, it is necessary to determine the extent to which the products must be classified, processed to achieve export standards.

For the State of the State of the Exporting Tree, the State Planning and Planning, when the valuation of the export product, it is necessary to calculate the amount that the State has invested in, the production and consumer goods, food and consumer goods provided by the State (through). Two-way economic contract) and the bonuses apply to the terms of chapter I, II, III, V and VIII of this regulation, while also having to make sure that the export crop is higher income than the local grower. With reasonable levels.

What? 24- For other export products (forestry, seafood, industrial and industrial goods) must be based on the nature and characteristics of each profession to determine the price of procurement, on the principle of full and reasonable price compensation, for the export of goods. Higher interest rates than domestic consumption and particularly encouraging products to achieve high export standards.

What? 25- The Ministry of Foreign Affairs, the State Commission of Physics, the agencies responsible for managing and deciding the price of all things 21, 22, 23, 24 above to valuation each export type, check and review the prices that will be adjusted in time to encourage production. Export to export.

VII.
TAX REGIME AND SUBSIDIES ON OTHER PRODUCTS
EXPORT

What? 26- In order to boost export production and facilitate the world's market gravity, when the price of the price is exported, it is necessary to exclude sales or goods.

The factory that produces delivery for the foreign trade is still calculated according to industrial wholesale prices as for domestic consumption; foreign organizations pay their payment at this price, but when there is evidence that the product has exported, the agency said. The finances are reimbursable by the revenues of the national business or the goods tax that the foreign trade organization has submitted.

The Ministry of Finance is responsible for the implementation of this provision.

What? 27- For export-issued exports to export subsidies, the Council of Government allows the Ministry of Foreign Affairs to discuss with the Ministry of Finance to decide on the subsidies of each item and in each region. The most allowable level is not more than 50% compared to export prices, if the goods sell foreign currency; if the goods are exported in accordance with the method of payment with the socialist countries, the allowance is not more than 30%. In the case of subsidies beyond the above regulations, the Prime Minister must decide and decide.

The Ministry of Finance, the State Bank, the Ministry of Foreign Trade, the State Committee of the Ministry of Foreign Affairs is responsible for determining the reasonable rate between foreign currencies with the Vietnam Bank and the soon the Government Council decided to have a business base, the aid level. grant for export goods, the price of imports, the sale prices of goods imported.

VIII
REWARD MODE FOR PRODUCTION AND PRODUCTION
EXPORT DELIVERY

What? 28- Reward incentives for production and export delivery of two types:

-The Vietnam Prize for the 3 funds that the factory was cited according to the 165-TTg issue dated March 21, 1978 by the Prime Minister;

-Rewarded with the use of foreign currency (by decision number 151-CP on 1 July 1974) to enter the necessary production or consumer goods.

What? 29- The condition rewarded for the production units is to complete the full extent of the State Plan. The subject of an incentive to be a union of enterprises, industry professionals, business enterprises, business enterprises, and manufacturing firms have fully implemented export contracts with foreign trade organizations. Based on the State's export planning indicators, the Ministry of Foreign Trade follows, calculating reward and direct rewards to the union of enterprises, professional firms, state-owned enterprises, business enterprises, and manufacturing firms.

What? 30- Annually, the Ministry of Foreign Affairs is based on the requirements of the world market and the conditions for the production of export items, deciding the rate of reward may give each type of export item to the extent or to exceed the plan.

The amount of money in Vietnam is regulated as follows:

a. For the unprocessed product or product made of raw materials in water:

-In the case of the production unit fulfills the delivery contract by the State Planning Index, which is rewarded from 2% to 3% of the value of the contract.

-In the case of the unit carrying out the contract level and only the State Plan, awarded between 3% to 5% of excess goods.

b. For the product produced by imported raw materials (including public goods): The planned case, which exceeds the plan, is rewarded as for the record cases in the point a point 30, after the exception of the value of the imported item.

c. When the reward is given to each item, it must be considered both in terms of the number and quality of the delivery row, the allowable ratio the State must spend on that item.

What? 31- The level of foreign rights use is prescribed as follows:

a. In the event of a fully implemented unit contract by the State Planning Index, which is used 10% of the actual foreign currency.

b. In the case of the unit performing exceeding the contract and only the state plan, in addition to being awarded 10% of the actual foreign currency in the scheme as stipulated at the point a, the unit is also used 50% of the actual foreign currency due to the plan. (For the local production units, it will be applicable under regulation in the following 45).

What? 32- Bonus source:

a. Vietnamese monetary reward is regulated by 2% of export revenues. When the annual export plan is built, the Ministry of Foreign Trade is tasked with planning this bonus and working with the Ministry of Finance to sum up into the state budget. Every year, the Ministry of Foreign Affairs must make a decision with the Finance Ministry on this bonus.

b. The annual bounty on foreign currency use, when balancing export planning, the State Planning Commission spends 10% of the actual foreign plan on exports to reward production units. If the foreign currency is spent in the year of the plan, it is moved next year.

The actual foreign currency stated in this designation is the actual foreign currency obtained after the exception of the foreign currency spent importing direct supplies to the export unit.

What? 33- The principle of using the prize money is as follows:

a. For the state-owned enterprises and business production units, it is used by the three-fund regime (regulation in the 165-TTg issue of 21 March 1978 by the Prime Minister).

b. For cooperWorks, use on the production requirements of the cooperative.

What? 34- The production units rewarded with foreign currency use only the foreign currency is rewarded for the entry of production materials to develop and expand production; in exceptional cases, it is possible to enter some of the missing consumer goods. The importation of the above items must follow the right principles, the current importation procedure.

What? 35- Based on the 29th, 30, the Ministry of Foreign Trade and the Ministry of Finance reviewed and decided the reward for the production units and the reward rate for units of raw materials, packaging.

The way the reward is defined as follows:

In Vietnamese money, the foreign organization grants bonuses to the production unit after the delivery contract is completed.

b. By the use of foreign currency, after the implementation of the contract, the base on the situation makes contracts on the export delivery of the production units, the Ministry of Foreign Affairs determines the foreign currency that the units are used and rewarded for the production unit. Yes,

What? 36- To facilitate the exploitation of local potential, the Provincial People's Committee and the central city are entitled to retain a portion of the currency of the given facilities for use on the purpose of developing the local economy, but not the most. Exceeding 10% of the foreign currency is rewarded with the plans of those facilities and has to compensate for those facilities some of the goods needed.

What? 37- Federation of enterprises, professional firms, state-owned enterprises, joint business enterprises and cooperative enterprises do not complete contracts on delivery, if there is no legitimate reason, just being punished under the economic contract, just handing out the remaining product numbers. missing the next year. For state-owned enterprises and business enterprises, the Ministry of Finance along with the Ministry of Finance must take into account the element, when the reward is complete.

IX
EXPORT MANAGEMENT MEASURES

What? 38- In order to encourage the industries, the actively actively exploit the economic potential, creating a variety of export sources, self-addressing to the highest levels of its imports, exports are divided into the following three categories:

a.

b.

c. local exports.

What? 39. Special exports include precious, rare, or uncommercialized goods, which are only allowed to be exported in the government's decision-making case. When you need to export the items of this type, the Government will specify the field of responsibility.

What? 40- The State of the State of the State of the State of the State of the Republic of China consists of goods produced by state-owned enterprises that produce and provide for export, the goods that the State has to spend and export, and the goods that focus, and the goods that our State has committed. with foreign countries, in accordance with the agreements on manufacturing cooperation or economic cooperation.

What? 41- Local exports include the types of goods that the State did not deliver, due to the local use of its economic potential to develop production in order to increase export supplies and the excess items that only deliver products to the White House. Water.

What? 42. For export-based exports, companies that specialize in export, import-export federated foreign-export companies, are involved in the relevant sector when dealing, signing with the outside. For products that are only for export due to other industries, the Ministry of Foreign Trade guides and helps businesses directly trading, signing export contracts with foreign countries, with the conditions of having a cadet of export and subject to management. The only thing about policy, the Ministry of Foreign Affairs.

What? 43- For localities with favorable geographical conditions for export business (cities, ports, international ports) and having an export business, the Ministry of Foreign Affairs acknowledged for direct trading and contracting with foreign companies on the market. The markets were permitted by the Ministry of Foreign Trade, and were subject to the administration of the Ministry of Foreign Affairs.

What? 44 For localities with no direct trading and contracting with foreign countries, it is possible to apply the method of sending a specialist company in the Ministry of Foreign Trade to export (export trusts) or the method of sale to professional companies. It's for export.

What? 45. In the case of a direct transaction and a export contract, the case sends the export-export business professionals (export trusts) and in the case of the delivery of the plan the unified State items managed and concentrated exports, the companies said. The local area is used 70% of the foreign currency to import supplies for local economic development, while also responsible for the settlement of raw materials, materials, supplies needed to produce exports and subsidies to the goods. His rifle is equal to the number of foreign currencies and the local financial resources. In the case of sale to the central company 's business to export, then about the imported items required for production, the central company' s specialist companies are responsible for the care, the local is entitled to use 10% of the actual foreign currency. It's an export allowance.

X
EXECUTION CLAUSE

What? 46- This designation was replaced by a decree issued by the 227-CP decree on 21 June 1979 by the Council of Government. Based on this designation, the State Planning Commission, the Ministry of Foreign Trade, the Ministry of Finance, the State Bank and the Central Committee, within its functional range, are responsible for issuing specific texts that guide the implementation. The chief ministers of the ministries, the peer-to-body, the government of the Council of Government and the chairman of the People's Committee of the provinces, the central city of the Central Committee, is responsible for the implementation of this regulation.

Updating

(signed)

Pears