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Decision 210/1998/qd-Ttg Dated: Decision On The Adoption Of A Number Of Pilot Development Of Moc Bai Border Gate Economic Zone In Tay Ninh Province

Original Language Title: Quyết định 210/1998/QĐ-TTg: Quyết định về việc áp dụng thí điểm một số chính sách phát triển khu kinh tế cửa khẩu Mộc Bài tỉnh Tây Ninh

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Decide the PRIME MINISTER'S DECISION on the application of a number of pilot Areas in economic development policy MOC Bai border gate in Tay Ninh province PRIME PHỦCăn government organization law on September 30, 1992;
Consider the proposal of the President of the people's Committee in Tay Ninh province no. 975/TT-UB dated August 19, 1998 and the comments of the ministries concerned, DECIDE: article 1. Lets apply some pilot development policy for the MOC Bai border gate economic zone with an area of 21,292 ha; in which the municipality has an area of about 1000 hectares include the administrative division of the Long Thuận, Thuận, Thuận An, Tien Thanh district in the District of Ben bridges and Phuoc, Binh Thanh, Phuoc Trang BOM district Just bang, Tay Ninh province. 2. In the MOC Bai border gate economic zones are the development of priority sectors of trade, services and tourism, the processing industry of agriculture-forestry-fisheries, consumer goods production and export service machining according to the laws of the Socialist Republic of Vietnam and international practices.
Article 3. The Government of the Socialist Republic of Vietnam to respect and protect the legal rights of the investors and foreign investment in Vietnam at the MOC Bai border gate economic zone in accordance with the law, the current policy of Vietnam and the international treaties to which the Socialist Republic of Vietnam signed or joined.
Article 4. The management of the MOC Bai border gate economic zone is done according to the principle of combining industry management with local management under the direction of the Government.
Tay Ninh province people's Committee perform the functions, organization and coordination of State management activities on the province for economic activities at the MOC Bai border gate economic zone and assigned, decentralized authority, appropriate responsibility for the district people's Committee and Trang Bang.
Article 5. At the MOC Bai border gate economic zone was to mobilize domestic and foreign capital by forms consistent with the law and mobilization of participation public workers to build the necessary infrastructure works and the production base with suitable economic development planning social, and defense, security assurances.
To promote the process of building the infrastructure at the MOC Bai border gate economic zones, Tay Ninh province people's Committee established the company building and infrastructure development is a State enterprise at the MOC Bai border gate economic zone.
Article 6.
1. In the period from 1999 to 2002, the private investment in the State each year through the budget for infrastructure construction at the MOC Bai border gate economic zones according to the approved plan is not below 50% of the total import-export tax revenue at the MOC Bai border gate economic zone. The level of capital and portfolio of infrastructure works are private investment from the capital budget due to Tay Ninh province people's Committee proposal, the Ministry of planning and investment decision after the opinion of the Ministry of finance.
2. The President of the people's Committee in Tay Ninh province signed the decision to approve the construction project group B, C on the basis of consistency with the Ministry of planning and investment and the opinion joined by the Department of Defense to ensure security defense and manage the border gate area. With regard to the use of resources mentioned in clause 1 of this article for the projects of the MOC Bai border gate economic zones, Tay Ninh province people's Committee working specifically with the Ministry of planning and investment and the Ministry of finance to the layout which ensure correct implementation progress.
Article 7. Made to diversify production and business forms on the MOC Bai border gate economic zone. The licensing and business registration at the MOC Bai border gate economic zone is done in accordance with current legislation and according to the regulations of a door.
Tay Ninh province people's Committee was established for licensing and business registration for private enterprise, limited liability company, joint stock company at the MOC Bai border gate economic zone operates according to the law on private enterprises and law firms.
Article 8. The domestic and foreign investors are encouraged to develop the manufacturing sector, business, construction of infrastructure at the MOC Bai border gate economic zone in accordance with the law on encouragement of investments in the country and Vietnam's foreign investment Law. In addition to the right to enjoy the incentives under the current regulation also enjoy: 1. Investor in domestic and foreign investors to invest in the MOC Bai border gate economic zone was reduced to 50% of land rents compared to current prices of the State framework has been applied at the MOC Bai border gate economic zone.
2. the foreign investor when transferring profit abroad enjoy the lowest tax rate in the tax bracket by law.
Article 9. Tay Ninh province people's Committee is considering granting licenses for the projects of foreign direct investment to the MOC Bai border gate economic zone capital levels do not exceed 5 million.
Article 10. The land, the factories have to rent or buy in the MOC Bai border gate economic zone is not yet used to the purpose stated in the investment license, when wishing to change the purpose of use must be agreed upon and must be agreed by the competent authority.
Article 11. In the longer term effect of the investment license, business, after the Agency approved investment license, businesses can transfer his property was built on the land rent or property installed in the factory for other investors in accordance with the current provisions of the law of Vietnam. The party is the assignor has the right and the responsibility to continue to perform the contract that transfer party signed with its partners.
Article 12. Trade, services and production operations at the MOC Bai border gate economic zone made according to current rules, including: 1. export and import operations, to temporarily import, re-export, transport of goods in transit, bonded warehouse, duty free shop, the store introduced the product, the market gate , export processing, storage, communication, banking, representative offices and branches of the company in the country and abroad. Commercial activities, commercial services on compliance with the following regulations: the business district in the economic sectors is established according to the current provisions of the law, based in the MOC Bai border gate economic zone are export business, directly imported goods (except state items prohibited import). The import-export business in the State by the quota and the export-import business items have condition indicators to follow the regulations of the State and according to the instructions of the Ministry of Commerce.
Foreign goods temporarily imported into the MOC Bai border gate economic zone when not re-export must send to the bonded warehouse, when exporting to other countries to do the procedure appeared. The case entered the domestic market, the shippers must pay import tax. If the goods are delivered to the bonded warehouse at the MOC Bai border gate economic zone does not continue to move, they must return the transfer place of origin according to the current regulations and in accordance with international practices.
Department of Commerce guidelines and authorization for Tay Ninh province people's Committee made the licensing for foreign enterprises to establish branches or representative offices in the field of trade, tourism and services at MOC Bai border gate economic zone, allowing enterprises to be held Expo international goods in border gate Economic Zones according to the instructions the Ministry of Commerce.
2. The production operations: Assembly, agricultural, forestry and fisheries; production of consumer goods, export goods processing must comply with the following rules:

Enterprises, branch, represented the company in the economic sectors in the country established under the provisions of the law, has offices located in the Economic Zone MOC Bai international border gate was the production of the population served; are export, import goods directly.
Raw materials enter into the economy of MOC Bai international border gate to manufacture for export or import substitution goods had to pay import duty and import tax reimbursement when exporting the products according to the current rules of the State.
Article 13. Production Manager, entry.
1. Cambodian citizens reside in Cambodia's border districts to the MOC Bai border gate economic zone was out to MOC Bai border gate economic zone by message ID or passport to the border by the competent authorities of Cambodia. The time limit for staying at MOC Bai border gate economic zone not exceeding 7 days. If want to other locations of the Tay Ninh province or provinces, other cities of Vietnam must then be export administration, Ministry of public security review entry visa at the gate. Travel permits are worth no more than 15 times a day and not be renewed.
2. Cambodian citizens residing outside the area mentioned in paragraph 1 of this article are out to MOC Bai border gate economic zone by the Passport, Vietnam entry visa exempt and allowed to stay at the MOC Bai border gate economic zone within a period not exceeding 15 days. The case to go to the other location in Tay Ninh province or provinces, other cities of Vietnam must have a passport and entry Administration, Ministry of public security exit visa review at the gate.
3. Foreign citizens (not Cambodian citizens) if there are valid, then the household is visa-free entry, exit Vietnam when on the MOC Bai border gate economic zone and time saved not exceeding 15 days. Want to go on local case of Tay Ninh province and other provinces must then be the Immigration Administration (Ministry of public security) review entry-exit visa at the MOC Bai border gate, except bilateral visa exemption.
4. Encourage organized group tours for foreigners from MoC Bai border gate economic zone to other points of the Tay Ninh province and the provinces, other cities in the country. For Cambodian citizens and foreigners who have been allowed entry into the MOC Bai border gate economic zone in other locations in Tay Ninh province and other provinces to travel under the travel package groups from 5 people upwards by the Vietnam tourism company are permitted on tourism held shall be the export agency Ministry of public security, immigration review procedures resolve quickly at the MOC Bai border gate economic zone.
5. The population of Vietnam at the MOC Bai border gate economic zone, Trang BOM district Eagle and Ben Bridge was allowed to visit the country is you have deadlines by ID or passport to the border by the competent authorities of Vietnam.
Article 14.
1. The means of transport, road and river of Cambodia at the MOC Bai border gate economic zone if the licensed international transport only if the Customs stamp does not have a license for international transport to temporary import declaration procedures, appeared.
2. If the means of transport mentioned in clause 1 of this article to Ben, the beach, the other of the border gate in Tay Ninh province to delivery must be permitted by the management bodies function and must proceed to the Customs and tax according to the current provisions of the law.
Article 15.
1. The recruitment of labour be performed according to the current rules of the law of Vietnam. Workers were recruited to work at enterprises in the MOC Bai border gate economic zone must apply to register at the competent authorities. The recruitment of labor should conduct a public and democratic right the current rules.
2. With regard to the type of work that Vietnam laborers do not meet the business used foreign workers in certain time, but not more than 1 year for the Vietnam labor types can meet. When using the alien must be authorities of Rustic gate economic zone tests the professional certificate, diploma. In that period, enterprises must have the Vietnam training plan to replace it.
Article 16. Tay Ninh province people's Committee has the responsibility to host, in cooperation with the ministries, ministerial agencies, government agencies concerned, to conduct preliminary and annual sum in 2002 adopting the aforesaid policy pilot, the Prime recommendations the tuning, plugins required.
Article 17. This decision takes effect from January 1, 1999. The Ministers, heads of ministerial agencies, heads of government agencies and the President of the people's Committee in Tay Ninh province according to the functions, duties and powers of initiative in their preparation of the related conditions to implement and be responsible for the implementation of this decision.