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Decision 1298/2005/qd-Btm: Authoritative Management Of Ha Tay Province In The Industrial Management Of Export-Import Operations And Commercial Activities Of Industrial Enterprises

Original Language Title: Quyết định 1249/2005/QĐ-BTM: Uỷ quyền Ban quản lý các Khu công nghiệp tỉnh Hà Tây quản lý hoạt động xuất nhập khẩu và hoạt động thương mại của các doanh nghiệp khu công nghiệp

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The DECISION of the MINISTER of COMMERCE authorization management of Ha Tay Province in the industrial management of export-import operations and commercial activities of the business-industrial-TRADE MINISTER pursuant to Decree No. 29/2004/ND-CP dated 16 January 2004 of the Government function duties, powers and organization of the Ministry of Commerce;
Base industrial regulation, export processing zones, high-tech zones attached to Decree No. 36/CP dated 24 April 1997 from the Government;
Pursuant to decision No. 49/2003/QD-TTg dated April 14, 2003 by the Prime Minister on the establishment of industrial zones Management Board of Ha Tay Province;
According to the proposal of the people's Committee of Ha Tay Province in no. 59/CV-PMU on 08/4/2005 decision: article 1. Authorized for management of industrial region of Ha Tay Province (hereinafter referred to as the management) management of export-import operations and commercial activities for enterprises in the industrial zone in Ha Tay Province.
Article 2. Management of Ha Tay Province in the industrial plan review import and commercial operations management of enterprises in the industrial area according to the following: 1. On export-import operations a) for business foreign investment: 1.1. Management plan review of the import business for foreign investment and business parties on the basis of the contract of cooperation of business investment in the industrial province of Ha Tay, ensure the correct implementation of the law on foreign investment in Vietnam on November 12, 1996, the revised Law supplementing some articles of the law on foreign investment in Vietnam on 19/6/ 2000, Decree No. 24/2000/ND-CP dated 31/7/2000 and Decree No. 27/2003/ND-CP dated 19/3/2003 by the Government and the legal texts concerned consistent with the investment license, business license, the Economics Prize in engineering, design, engineering and legal documents related to executive management, import and export. Review the import plan included the following: 1.1.1. Browse plans import of machinery, equipment, vehicles, supplies to make fixed properties, plans to import raw materials duty-free import and validation for machinery, equipment, vehicles, supplies and spare parts for the installation of fixed assets investment, including the import of assets by financial leasing method of business foreign-invested enterprises in the industrial zone in Ha Tay Province.
1.1.2. interim plan Browser to import machinery, equipment, the rental of vehicles not yet in foreign technology to the business activities of foreign investors.
1.1.3. Browse plans to import supplies of raw materials for production, business activities of the enterprise with foreign investment under the investment license consistent with decision No. 46/2001/QD-TTg dated 4/4/2001 of the Prime Minister on the management of the export and import of goods the period 2001-2005 , Circular No. 11/2001/TT-BTM on 18/4/2001 of the Ministry of Commerce guidelines decision No. 46/2001/QD-TTg dated 4/4/2001.
1.1.4. Browse liquidates, equipment, means of transport, supplies, raw materials of enterprises have invested abroad in accordance with circular No. 01/2005/TT-BTM on 06/01/2005 of the Ministry of Commerce.
1.1.5. Browse products import plans to combine with the export products of the enterprise with foreign investment.
1.2. The export of processing and exporting enterprises are made according to the provisions of article 38 and 39 of regulation of industrial zones, export processing zones, high-tech zones attached to Decree No. 36/CP on 24/4/1997, Government decision No. 55/1999/QD-TTg dated 26/3/1999 of the Prime Minister.
1.3. The sale of goods between the export processing businesses with the domestic market: implementation of Ministry of Commerce circular No. 23/1999/TT-BTM on 26/7/1999 about guidance decision No. 58/1999/QD-TTg on the sales of goods with export processing businesses and circular No. 22/2000/TT-BTM on 15/12/2000 and circular No. 26/2001/TT-BTM on 04/12/2001 of the Ministry of Commerce.
b) for Vietnam business: 1.4. Export-import activity of the enterprise in Vietnam follow the Decree No. 56/1998/ND-CP dated 28 July 1998 from the Government detailing the trade Enforcement Act of exportation, importation, processing and dealer buying selling goods with foreign countries, no. 44/2001/ND-CP dated 8/8/2001 of the Government on the amendments supplement some articles of Decree No. 58/1998/ND-CP, decision No. 46/2001/QD-TTg dated 4/4/2001 of the Prime Minister on the management of the export and import of goods the period 2001-2005, circular No. 18/1998/TT-BTM on 28/8/1998 of the Ministry of Commerce Guide to implement Decree No. 58/1998/ND-CP , Circular No. 20/2001/TT-BTM on August 17/8/2001 directions implementation of Decree 44/2001/ND-CP 1.5. The import of machinery, equipment, and materials of construction enterprises in Vietnam the economic activity in the industrial zones follow the Government's Decree No. 88/1999/ND-CP dated 16/9/1999 about issuing the tender regulations, the decree amending Supplement No. 14/2000/ND-CP dated 10/5/2000; Decree No. 51/1999/ND-CP on 08/7/1999, issued regulations on investment and construction, additional amendments to Decree No. 12/2000/ND-CP dated 10/5/2000, Decree No. 19/2003/ND-CP on 30/01/2003 amending and supplementing a number of articles of Decree No. 51/1999/ND-CP, Decree No. 51/1999/ND-CP on 08/7/1999 regulates in detail the implementation of the law on encouragement of investment in water (revised) and the legal texts concerned. Department of Commerce review and allowing imports of machinery and equipment by the State budget according to the Prime Minister's decision No. 91/TTg dated December 13, 1992.
2. export outsourcing: 2.1. The offshoring of goods between industrial enterprises with foreign made under Decree No. 58/1998/ND-CP dated 31/7/1998 of the Government regulation in detail trade law on export activities, importing, processing and sale of goods with agents overseas and circular No. 18/1998/TT-BTM on 28/8/1998 of the Ministry of Commerce Guide to implement Decree No. 57/ 1998/ND-CP of the Government, circular No. 22/2000/TT-BTM on 15/12/2000 and circular No. 26/2001/TT-BTM on 04/12/2001 of the Ministry of Commerce, circular No. 20/2001/TT-BTM on August 17/8/2001 of the Ministry of Commerce Guide to implement Decree No. 44/2001/ND-CP. registration procedure the contract work is done at the customs of the password. Non-browser management outsourcing contracts signed with foreign businesses.
2.2. the work of goods between industrial enterprises and export processing businesses are considered to work with foreign traders and perform as specified in circular No. 26/1999/TT-BTM on 19/8/1999 of the Ministry of Commerce.
2.3. for outsourcing contracts of goods in the list of goods banned for export, the import prohibition or suspension of exports, imports, businesses are only made after a written approval of the Ministry of trade as stipulated in Decree No. 58/1998/ND-CP of the Government.
Article 3. Quarterly management submitted to the Ministry of Commerce reported the implementation of export and import of the enterprise with foreign investment under the guidance of Ministry of Commerce circular No. 22/2000/TT-BTM on 15/12/2000 of the Ministry of Commerce.
Article 4. The Trade Ministry periodically inspecting the implementation of the provisions of the decision of this authorization in accordance with the law.
Article 5. This decision takes effect 15 days from the date The report./.