Advanced Search

The Decision 219/1998/qd-Ttg Issuing Regulation Decision: The Area Of Economic Development And Trade In Lao Bảo, Quảng Trị Province

Original Language Title: Quyết định 219/1998/QĐ-TTg: Quyết định ban hành Quy chế khu vực khuyến khích phát triển kinh tế và thương mại Lao Bảo, tỉnh Quảng trị

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
 

The DECISION of the PRIME MINISTER issued a regulation to encourage regional trade and economic development of Lao Bao, Quang Tri province _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the PRIME MINISTER pursuant to the law on Government Organization, 30 September 1992;
The base agreement of economic cooperation, culture, science and technology between the Government of the Socialist Republic of Vietnam and the Government of the people's Democratic Republic of Laos for the period 1996-2000 and 1996-1997;
Considering the recommendation of the Minister of Commerce, Chairman of the people's Committee of Quang Tri province, the decision: article 1. Attached to this decision the regional regulation of economic development and trade the Lao Bao, Quang Tri province (hereafter referred to as Lao Bao Trade Zone).
Article 2. Lao Bao trade zone includes the towns of Lao Bao town, Khe Sanh and the communes: Long Tan, Tan, Tan, Tan Tan, Fit in the district Direction, the Qủang. Article 3. The Secretary of the Ministry: trade, defense, planning and investment, finance, construction, public safety, the Bureau Chief: General Department of customs; Of tourism; General Directorate of cadastral and heads of ministerial agencies, heads of the Government agencies concerned in collaboration with the President of the people's Committee of Quang Tri province guide details the enforcement of regulations attached to this decision.
Article 4. This decision takes effect 15 days from the date of signing. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of Quang Tri province is responsible for the implementation of this decision.
 
LAO BAO TRADE ZONE REGULATIONS (attached to decision No. 219/1998/QD-TTg on November 12, 1998 of the Prime Minister) Chapter 1 GENERAL PROVISIONS article 1.
This regulation regulation of the activities of organizations and individuals, Vietnam and foreign countries in the area of economic development and trade the Lao Bao (hereafter referred to as Lao Bao Trade Zone) was established on the basis of the agreement on cooperation in economy, culture, science and technology between the Government of the Socialist Republic of Vietnam and the Government of the Republic entertainment the population of Laos, aiming to promote economic cooperation, trade between the two countries Vietnam and Laos with other countries.
Lao Bao trade zone includes the towns of Lao Bao town, Khe Sanh and the communes: Long Tan, Tan, Tan, Tan, Tan Cases in the district, Quang Tri province Direction. 2.
The Government of the Socialist Republic of Vietnam encourages organizations and individuals to Vietnam and foreign countries participate in the commercial area of Lao Bao on the basis of respect for the independence, the sovereignty of Vietnam, equality, mutual benefit, in compliance with the law of Vietnam and the international treaties to which Vietnam signed or joined.
Article 3.
Organization, Vietnam and foreign individual active participants at the Lao Bao trade under the following forms: business to business; product introduction shops, exhibition; representative offices and branch companies in and outside the country; border markets; bonded warehouse; import export temporary export, import, transfer, re-export, transit of goods; classification of packaging, recycling, machining, Assembly; the production of export goods and related services such as freight, storage, warehouse; travel, hotel, restaurant; post and telecommunications; the Bank; the insurance.
Article 4.
Vietnam business in the economic sectors, enterprises with foreign investment and foreign enterprises in Lao Bao Trade Zone (hereinafter referred to as Lao Bao Trade Zone enterprises) are operating under this regulation, the provisions of Vietnamese law and international treaties to which Vietnam signed or joined.
Article 5.
In addition to those entitled under the provisions of Vietnamese law and international treaties to which Vietnam signed or joined, Lao Bao Trade Zone businesses also are entitled to the following rights: 1. the use of infrastructure works, services in Lao Bao Trade Zone according to the regulations of the Board of management of Lao Bao Trade Zone.
2. Enjoy the incentives stipulated in chapter IV of this regulation;
3. Transferable right to use the land and buildings in accordance with the purpose for which the land use project has been approved. In case of change of the purpose of the project's initial investment, the transfer of land use right and the work is only done when it is approved by the competent authority.
Article 6.
Lao Bao Trade Zone enterprises are obliged to: 1. Compliance with the law of Vietnam and the provisions of this regulation.
2. Make financial obligations according to the provisions of the law of Vietnam.
3. Compliance with the provisions on security, order the border areas; ensuring occupational safety, industrial hygiene, environmental protection, the environment and the regulations of the Board of management of Lao Bao Trade Zone;
4. Perform periodic reporting regime and every year under the provisions of the law.
Article 7.
Residents living in the border district of Quang Tri province, Direction (Vietnam) and the district opposite in the Far-van-na-khet (Laos) and Lao Bao Trade Zone businesses are allowed to register business, exchange of goods at the border market of Lao Bao Trade Zone according to the regulations of the Organization and manage the Vietnam-Laos border market.
 CHAPTER II import and EXPORT goods, Services 8.
Goods, equipment, vehicles, and materials (collectively referred to as the goods), luggage and Forex from foreign countries put into Lao Bao Trade Zone and from Lao Bao Trade Zone taken abroad are subjected to checks, customs supervision under the current rules of the law of Vietnam.
Raw materials, supplies and goods that the Lao Bao Trade Zone business bought from foreign markets but not handled and the product, also a scrap value of commercial enterprises that are allowed to sell in the domestic market after the completion of customs procedures.
General Department of customs and authoritative guide in Quang Tri province people's Committee to implement the customs regulations and create favorable conditions for Lao Bao Trade Zone enterprises in conducting the activities stated above.
Article 9.
Lao Bao Trade Zone businesses are allowed to import-export business, direct the goods (except state items, import and export bans). Import-export business to those found by the State administration by the quota and the import-export business there only goal, the conditions are made according to the regulations and instructions of the Ministry of Commerce.
Article 10.
Goods imported temporarily, re-export, transfer, transit via the Lao Bao Trade Zone must comply with the current regulations regarding temporary import, re-export machining, transfer and transit of goods.
The goods are transshipped, Lao Bao Trade Zone transit on inland Vietnam to move to three quarter water right according to the law of Vietnam.
The goods transported between Lao Bao Trade Zone with Black business district-far-vẳn of Laos was conducted in accordance with the relevant agreements have been signed between the Government of Vietnam and the Lao Government and according to the current rules of each country.
Article 11.
The goods put into Lao Bao Trade Zone must be managed separately according to the current rules is: gifts;
Your property moves;
Goods items of foreign agencies, international organizations currently working in Vietnam and the goods, the baggage of people who enjoy diplomatic immunity.
Article 12.
Prohibition of circulation at the Lao Bao Trade Zone the following goods: the goods banned in Vietnam;
Vietnam export goods, all imported.
The export and import via the Lao Bao Trade Zone the goods belonging to the category of prohibited, banned the import of Vietnam but not in the category of prohibited, banned the entry of Laos and the international must obtain permission of the Prime Minister.
Article 13.

Department of Commerce authorization and instructions in Quang Tri province people's Committee to implement the Licensing Office represent established and branches of foreign companies in the field of commercial activity and licensing fair, exhibition of goods for the domestic and foreign organizations in Lao Bao Trade Zone.
 CHAPTER III, the entry, residence, and article 14 COMMUNICATIONS.
Citizens of the people's Democratic Republic of Laos (hereinafter referred to as Lao citizens) residency in the province shares a border with the province of Quảng Trị was back and Lao Bao Trade Zone by border ID or passport to the border by the competent authorities of Laos. The time limit allowed staying at Lao Bao Trade Zone do not exceed 7 days. If they want to go to other locations in the province due to the Agency, held in Vietnam's Quang Tri province invited the organs, the organization invited must have a written proposal in Quang Tri province public security license. Travel license worth once neither too 05 on and not be renewed.
The Lao citizens who reside in other provinces and foreign people in Lao Bao Trade Zone to learn the market and prepare to participate in investment, business are exempt from visas, entry. The time limit for staying in Lao Bao Trade Zone do not exceed 15 days. If they want to go somewhere else in the Quang Tri province or the other provinces of Vietnam, is the Immigration Administration (Ministry of public security), the visa of entry worth many times within a period of not more than 3 months at the Lao Bao border gate.
Article 15.
Foreigners, who settled in Vietnam foreign trade operations Lao Bao is often out on the commercial paper allowed Lao Bao are worth many times The recommended security level must match the duration of activity at Lao Bao Trade Zone. The Ministry of public security and authorization guidelines Quang Tri province public security tasks.
Article 16.
The population of Vietnam is freedom out to Lao Bao Trade Zone according to the regulations. If they want to through the commercial Break to exit abroad must then approve the export legislation, the right of entry.
Article 17.
Vietnam citizens and foreigners to work in the commercial area of Lao Bao was allowed to stay in the choir boy Lao Bao trade. The residence, staying in Lao Bao Trade Zone made according to the regulations of the Board of management of Lao Bao Trade Zone.
Article 18.
After the completion of the necessary procedures with the agency managing telecommunications, foreigners working in Lao Bao Trade Zone are using the postal and telecommunications services of the post office, Vietnam, hosted a private info system to manufacture enterprise internal business in commercial areas where they join Lao Bao trade investment.
 CHAPTER IV PREFERENTIAL POLICIES article 19.
The Lao Bao Trade Zone enterprises, in addition to enjoy the incentives under the provisions of the law on foreign investment in Vietnam (for business foreign investment and foreign enterprises, encourage domestic investment Law (for Vietnam business of all economic sectors) and the other legal texts for the project on mountain , the remote areas and the incentives under the international treaties to which Vietnam signed or taking longer to enjoy more the incentives provided for in this chapter.
Article 20.
Commercial activities and services at Lao Bao Trade Zone enjoying preferential policies of economic development region of mountains, Islands, remote areas, ethnic minority areas under the current rules of the Government.
Article 21.
Lao Bao Trade Zone businesses are exempt from corporate income tax in the 12 years since have taxable income and 50% reduction of the payable tax in time to a maximum of 4 years.
Article 22.
Lao Bao Trade Zone businesses use profits to reinvest in Lao Bao Trade Zone during the period from 3 years upwards, are the tax authorities refund of enterprise income tax already paid for with profits used to reinvest.
Article 23.
Lao Bao Trade Zone business after tax with the tax authorities of that loss shall be transmitted to the following year, the number of holes to be deducted from taxable income. Time was moving the hole no more than 5 years.
Article 24.
Goods and services for the production, processing, recycling at Lao Bao Trade Zone to export or consumption in Lao Bao Trade Zone shall be exempt from value added tax.
Article 25.
All goods, services, relations between Lao Bao Trade Zone and in the country's export, import.
1-origin goods from Vietnam and domestic goods from foreign countries enter into a commercial area of Lao Bao are exempt from import tax.
2-goods of domestic origin put into Vietnam Lao Bao Trade Zone and manufacturing goods, processing, recycling, Assembly in Lao Bao Trade Zone when exports are duty-free exports.
Article 26.
Goods imported from abroad to join the exhibition, fair products sell at Lao Bao Trade Zone are exempt from import tax but must still bear the special consumption tax and value added tax according to the current rules.
Article 27.
1-goods production, recycling, machining, Assembly in Lao Bao Trade Zone entered Vietnam inland are 10% off the current import tax rates for each type of goods. In the case of goods processed, recycled content in internal zone from 20% or over, when on Vietnam's interior be reduced import tax by the level corresponding to the percentage content of zone content of such goods.
2-goods from Lao Bao Trade Zone entered Vietnam domestic origin produced in Laos was reduced import tax as stipulated in decision No 181/1998/QD-TTg dated 21 September 1998 from the Government.
Article 28.
The Lao Bao Trade Zone businesses are free within 5 years from the date of contract for leasing land and enjoy the land by 30% land rental applicable to the mountainous district of Quang Tri province since Saturday 6 onwards.
Article 29.
The Organization, individuals are called non-refundable capital (capital beyond budget) to invest upon the economic and social structures in Lao Bao Trade Zone enjoy a certain bonuses according to the level of regulation of the Ministry of finance.
Article 30.
In the period 1999 to 2005 speak, every year the State private investment through the budget for Lao Bao Trade Zone not under 50% of the total budget revenues in the commercial area of Lao Bao. The level of capital and portfolio of infrastructure works are private investments from which this budget do Quang Tri province people's Committee proposal, the Ministry of planning and investment decision after the opinion and agreement of the Ministry of finance.
 Chapter V FINANCIAL-accounting REGIME article 31.
Lao Bao Trade Zone businesses made financial accounting mode under the current provisions of the law of Vietnam applied to each type of business.
Article 32.
The purchase, payment and the related commercial transactions, services between enterprises Lao Bao Trade Zone was made in Vietnam, Lao Kip and the foreign currency conversion according to the regulations of the State Bank of Vietnam.
The sales of the goods to the daily lives of individuals working in the commercial area of Lao Bao is done by Council of Vietnam Article 33.
Lao Bao Trade Zone business when exporting the goods and services of currency exchange must comply with current regulations on Foreign Exchange Management of Vietnam.
Article 34.
Bringing foreign currency into Lao Bao Trade Zone and back to comply with the foreign exchange regulations of Vietnam.
 CHAPTER VI ORGANIZATION of LAO BAO TRADE ZONE MANAGEMENT Article 35

Quang Tri province people's Committee established the management of Lao Bao Trade Zone intended to perform centralized management, unified Tb commercial operations.
Ministry of Commerce, Ministry of defence, the Ministry of public security, Ministry of construction, Ministry of finance and the Ministry of planning and investment, the General Department of customs, tourism, General Directorate of cadastral and related agencies to coordinate with the people's Committee of Quang Tri province governing the effective operation of the management of Lao Bao Trade Zone.
Article 36 in Quang Tri province people's Committee has the responsibility to: 1. Approve the master plan development, plan and Charter operations of Lao Bao Trade Zone, the list of investment projects development and implementation blueprint at Lao Bao Trade Zone; Planning Director in the construction of Lao Bao trade, the authority approved the implementation of the management of the project in accordance with the approved plan; the decision to approve the construction project group B, C on the basis of the agreement with the Ministry of planning and investment;
2. establish the company build and develop infrastructure in Lao Bao Trade Zone is State enterprise.
3. In coordination with the Ministry of industry, the provisions of article 35 of this regulation to the governing Lao Bao Trade Zone;
4. Steer, facilitate the management of Lao Bao Trade Zone to fulfill the tasks defined in this regulation;
5. Directs the management of Lao Bao Trade Zone reception, held the appraisal and licenses to organizations, individual business, direct investment into Lao Bao Trade Zone under the authorization of the Ministry of planning and investment, Ministry of Commerce;
6. Direct the district people's Committee and the Direction the Agency can function in cooperation with the management of Lao Bao Trade Zone implemented measures to ensure the security, safety and order of society, enabling businesses to the commercial Break operation are favorable;
7. The agreement with the provincial government Far-van-na-khet of Laos on the principles of coordination, administration, Operations Manager of Lao Bao Trade Zone and Black commercial district-far-vẳn on the basis of regulations issued by the Government, in accordance with the special friendship between the two peoples and the current legislation of each country.
Article 37.
Management of the commercial Break you have the tasks and powers are as follows: 1. building development plan, and the Charter operations of Lao Bao trade zone in the Quang Tri province people's Committee approval, popular organizations, instructions, check the implementation planning, methodology and the Charter;
2. Build the project and implementation plan the competent authority approval and implementation;
3. Granted, revoked business license under the authorization of the Ministry of Commerce, investment licenses under the authorization of the Ministry of planning and investment, after the reunification with the people's Committee of Quang Tri province; follow and examine the implementation of the licence has been granted;
4. Construction of the rates and fees to the competent State agencies consider enacting to perform at Lao Bao Trade Zone;
5. Certificate of business registration, a certificate of origin of goods in a commercial area and the other certificate Employees when the State Agency has the authority delegated;
6. Do the clues to solve the problems arising in the process of establishment, deployment and implementation of investment projects, business and participate in Lao Bao Trade Zone;
7. In coordination with the agencies prescribed in article 35 of this regulation and the local authorities in ensuring all activities in Lao Bao trade zone in accordance with this Statute and the rules of operation of Lao Bao Trade Zone;
8. Make the task of managing the construction project by investment budget at Lao Bao Trade Zone;
9. In coordination with the Board of management of the black business district-far-vẳn (Laos) to ensure the activity between the two commercial areas developed in accordance with the agreement signed between the Government of the Socialist Republic of Vietnam and the Government of the Lao People's Democratic Republic and the agreements between the province and the Far-van-na-khet.
Article 38.
Management of Lao Bao Trade Zone have legal personality, a seal, a member, have dedicated payroll and operating expenses due to the State budget.
The budget revenue in the commercial area of Lao Bao to be paid into the State budget.
Article 39.
1. Handle civil disputes in commercial-commercial area of Lao Bao Trade Zone Management Committee: Lao Bao is responsible for conciliation of disputes arising in the course of activities of enterprises and between Lao Bao Trade Zone enterprises Lao Bao Trade Zone with organizations individuals outside of Lao Bao trade;
In cases where conciliation fails, the dispute is resolved in accordance with the provisions of the law of Vietnam.
2. The criminal cases occurred in a commercial area of Lao Bao in the jurisdiction of the Court under the provisions of the law of Vietnam.
 CHAPTER VIII TERMS OF IMPLEMENTATION of Article 40.
The other regulations related to the operation of commercial enterprises in Lao Bao is not specified in this regulation to be made under the terms of the commercial law, the law on foreign investment in Vietnam, domestic investment encouragement Law, business law, the law of the State in private enterprises , Corporate law, Banking Law, the law of the land, the laws of the State of Vietnam and the international treaties to which Vietnam signed or joined.
Article 41.
The incentives for businesses to Lao Bao trade zones under this regulation will be the Government of Vietnam for permission to apply for the business has been granted a license to operate before the date of enactment of this regulation./.