Circular No. 1126-Htđt/pc: Guide The Implementation Regulations Of Export Processing Zones

Original Language Title: Thông tư 1126-HTĐT/PC: Hướng dẫn thi hành quy chế khu chế xuất

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CIRCULAR of the STATE COMMITTEE for cooperation and investment to guide the enforcement of regulation 67 made export processing zone regulations of export processing zones in Vietnam (known as export processing zone Regulation) attached to Decree No. 322, dated 18 October 1991 of the Council of Ministers, after the opinion of the relevant , The State Committee for cooperation and investment issued this circular aims to guide the enforcement of export rules.
 
Part I the CONDITIONS and PROCEDURE for ESTABLISHING EXPORT PROCESSING ZONES i. CHARACTERISTICS and EXPORT PROCESSING ZONES and export processing zones as industrial production export focus and execution of services related to the production and export.
Export processing zones are self-contained areas, geographical boundaries are defined in the decision establishing export processing zones, but the isolation of the territory outside the export processing zones by fenced wall system.
Export processing zones enjoy a private management regulations stipulated in the Statute and the export processing zone are materialized in this circular.
 
II. OBJECTIVES Of The EXPORT PROCESSING ZONES 1. The attraction of foreign investment.
2. To create jobs for workers.
3. Create the source of competitive exports on the world market, contributing to the integration of national economies with the world economy.
4. Imported techniques and new technologies, modern management knowledge.
5. increased income, improved the balance of foreign trade and international payments.
 
III. CONDITIONS For ESTABLISHING EXPORT PROCESSING ZONES 1. Convenient location for the production of export goods: near the port, airport, roads, etc.
2. Condition of building infrastructure, export processing zones by domestic capital or foreign capital, or by both domestic and foreign capital.
3. Condition the labor supply and services necessary for the operation of export processing zones and for foreign investors.
4. Have the ability to attract foreign investors to invest in export processing zones.
5. Ensure the Security Defense.
 
IV. Procedures ESTABLISHED EXPORT PROCESSING ZONES 1. The State Committee for cooperation and investment in cooperation with the Ministry and the provincial people's Committee, the central cities (local) building research Institue of the export processing zones in the country to the President of the Council of Ministers decision.
2. When no master plan, the local people's Committee can actively propose the President of the Council of Ministers decided to establish export processing zones, after exchanging United with the State Committee for cooperation and investment and the relevant Ministry.
3. The profile proposed the creation of export processing zones include: a. recommendations of the local people's Committee, the relevant Ministries;
b. map export processing zones;
c. technical-economic explanation stating the feasibility and socio-economic efficiency of export processing zones;
d. options that build the infrastructure: If the infrastructure is built by domestic capital must have the agreement of the State Planning Commission and the Ministry of finance. In the case of cooperation with foreign parties to build the infrastructure to identify partners and cooperation, must be the State Committee for cooperation and investment, the investment license.
4. After having decided to establish export processing zones, based on the recommendations of the relevant Ministries and the local people's Committee has the export processing zones, the State Committee for cooperation and investment, the President of the Council of Ministers appoints the members of the Management Board and export processing zones. The case was the President of the Council of Ministers authorized. The Chairman of the State Committee for cooperation and investment, appoint the members of the Management Board and export processing zones.
5. export processing Zones Management Board is responsible for building the development of export processing zones and export processing zones and rules of construction.
6. Upon receipt of the above documents, the State Committee for cooperation and investment, Standard Chartered medical export processing zones.
 
V. the CHARTER'S CONTENT ZONE a. zone characteristics (location, area, geographical boundaries, established text ...).
b. content of the operation of export processing zones from building to the Organization of production and consumption of products.
c. the rules and export processing zones: the tasks, powers and working mode of management of export processing zones, the relationship between management of export processing zones with the organizations concerned.
 
VI. The SUBJECT of INVESTMENT in the EXPORT PROCESSING ZONES Are investing in export processing zones: a. economic institutions and individuals;
b. the Vietnam People settled abroad;
c. economic institutions in Vietnam have legal personality in the economic component.
The basic condition is to have the capital, the technology, the market consistent with the type of production, business.
 
PART II PROCEDURE Of The INVESTMENT PROJECT APPRAISAL And LICENSES I. For INVESTMENT 1. Investors must apply for a business license in export processing zones, the State Committee for cooperation and investment issued application form and relevant documents to guide investors.
With regard to the Organization of Vietnam, in addition to the aforementioned text, also must have the certificate of the authorized State agencies about the status and capacity of business organization that involves investment in export processing zones. The Agency has the authority to confirm said at this point is:-for the State enterprise is the Ministry or the local people's Committee.
-For the State organization is the local people's Committee.
Business cooperation contracts at least one party is already established enterprises in export processing zones and to have the terms of the provisions of article 13 of Decree dated 6-28-2-1991 (1).
(1) article 13 of the decree dated 6-28-2-1991 now replaced by article 10 of the Decree of 18-16-4-1993 (BT).
2. In the export processing zones that the infrastructure built by the joint venture company, the investment project profiles are accompanied by comments of this company on rent of factory premises to export processing zones.
 
II. EVALUATION Of The INVESTMENT PROJECT 1. Decentralized evaluation project: management of export processing zones was the State Committee for cooperation and investment evaluation authorisation and licensing business decisions for the projects of Group C in the 336-decision dated 7-11-1991 Chairman of the Council of Ministers.
For other projects, the export processing zone authority of the State Committee for cooperation and investment, according to the General provisions on the appraisal of foreign investment projects.
2. project evaluation content: a. legal personality of the organization requesting permission or legal status of individuals who apply for investment.
b. conformity with economic policy and the law of Vietnam, with regulation of export processing zones, with a policy of protection and use of natural resources, environmental policy, environmental, engineering and technology, etc.
c. feasibility of the project, the financial capacity of the investor, the ability to consume the product.
In the case of export processing zone authority there are different opinions, opinions of the Chief management of export processing zones is decided. If the export processing zone Administration Chief was not enough basis to decide, then the Chairman of the Commission report on the State of cooperation and investment to decide.
3. The time limit at the latest is 3 (three) months from the date of the application and the business application, the export processing Zone Authority must notify litigants their decision (to accept or not to accept an application for business).
In the case of export processing Zone management require investors to provide more documents or modify the Charter factory or/and the joint venture agreement, export processing Zone Management Committee must submit a request to investors within 15 days of receiving the application and the profile of investors.
After 30 days from the date of the request of the management of export processing zones, if the investor does not answer, the export processing zone management business application is no longer valid.
(The time necessary to meet the requirements of the management of export processing zones are not calculated in the time limit of three months say on).
 
III. Procedure For GRANTING BUSINESS LICENSES And REGISTRATION Of EXPORT PROCESSING ZONE ENTERPRISE CHARTER

1. Management of export processing zones was the State Committee for cooperation and investment, business licensing and registration regulations industrial export processing zones, except in the following cases:-the investment license granted to the joint venture company to build and operate the infrastructure works of the export processing zones (by the State Committee for cooperation and investment grade).
-Business license in export processing zones for banking institutions.
2. export processing Zones Management Board must send a copy of the business license and related records for the State Committee for cooperation and investment, the Ministry of trade and tourism, the Ministry of finance, the local people's Committee has the export processing zones.
3. Records related to investment in export processing zones are stored in the management of export processing zones.
 
PART III RULES OUT REGIME I. ACTIVITIES In EXPORT PROCESSING ZONES 1. Export processing zones must have fenced wall system, the doors are checked, monitored closely.
2. Vietnam People and foreigners not domiciled in export processing zones.
3. export processing Zones Management Board is responsible for issuing rules on travel, activities in export processing zones.
 
II. MODES of FIRE, fire, SCRAP, SCRAP PROCESSING, ENVIRONMENTAL PROTECTION 1. Activities in export processing zones must comply with the regulations regarding fire Launcher, fire, explosion, toxic, radioactive rooms ... must ensure environmental sanitation, environment.
Management of export processing zones are only licensed to use for works or projects were confirmed as well designed, fully implementing the regulations on fire, fire, environmental protection, environment. Management of export processing zones held this confirmation.
2. The preservation, transportation, the use of explosives, inflammable substances, toxic substances, the processing of scrap metal, wastes, waste must comply with the current rules of the State and the regulation of private export processing Zone Management Committee.
 
III. LAND RENT REGIME, CONSTRUCTION Of FACTORY BUILDINGS RENTAL 1. The case of infrastructure, export processing zones by the State Vietnam build. Industrial export processing zones and land rental, rent or buy the factories under the Charter rates and export processing zone by the export processing Zone Administration Committee determined according to the Finance Ministry by the frame. In this case, the Charter must export processing zone regulations in full mode land rental, rent or purchase of factory, built in export processing zones and the use of the works of infrastructure construction by the State.
2. in case of export infrastructure and factories built by the joint venture company: The land rental, rent of factory, workshop and acquisition by the company and investors the agreement in accordance with the terms of the investment license by the State Committee for cooperation and investment for the joint venture. In this case, the export processing Zone Management Committee is responsible for the planning system for export. Monitoring and checking the correct implementation of joint planning.
 
IV. LABOUR RELATIONS In EXPORT PROCESSING ZONES 1. Industrial export processing zones to comply with labor regulations for the enterprises of foreign investment (attached to the Decree 233-dated 22 June 1990 of the Council of Ministers) and article 31, 32 and 63 regulations of export processing zones.
2. export processing Zone Enterprise shall report in writing to the export processing zone management work that enterprises need to use foreign workers. In the case of Vietnam's labor export processing Zone by the introduction does not meet the requirements of enterprises, the enterprises are entitled to use foreign workers.
3. The citizens of Vietnam has the the following conditions be introduced into working in export processing zones.
-Have legal capacity and the capacity of labor conduct;
-Clear history;
-Meet the requirements of the Agency, Enterprise employers.
4. Workers in Vietnam have aspirations of working in the export processing zone enterprises must register at the export processing Zone Management Committee under the procedure due to the export processing Zone management assessments, not sent directly to the enterprise application.
5. local labor export priority referrals and recruited to work in the export processing zones. In the case of local workers do not meet the requirements, export processing Zone Management Committee widely published recruitment requirements.
 
V. TAXES, Insurance, Fees 1. Export taxes, import duty: a. industrial export processing zones are exempt from import tax for equipment, spare parts, supplies, raw materials import goods on export processing zones and export tax exemption for property and exports from export processing zones. This effect in both cases: export, import, and export, with foreign imports with the inland area in Vietnam.
b. the equipment, spare parts, materials, means business (including means of transport) brought from Vietnam on the domestic export processing zones are exempt from import tax in the case of the Party (or parties) Vietnam used the property to contribute capital to the venture capital contribution or enterprise to do business , or capital contribution to 100% factory established his capital.
c. organizations and individuals (enterprises of Vietnam as well as enterprises of foreign investment in Vietnam) in addition to export when exporting products to the export and import of products from export processing zones are subjected to tax, import tax, export tax rules imports.
d. the equipment, supplies, goods taken from export processing zones in inland Vietnam and vice versa, to perform the contract signed between the processing enterprises of export processing zones and the organizations and individuals outside the export processing zones, are exempt from import tax, export tax.
2. Income taxes: a. production enterprise income tax by 10% profit, tax-exempt income in the 4 years since the year of interest-trading companies.
b. service enterprise income tax by 15 percent profit, tax-exempt return for 2 years from the year of interest-trading companies.
c. in case of medium sized enterprises export production medium business services, enterprise income tax according to the tax rates that apply to each of the areas of production and services.
In the case of enterprises of non profit accounting for each lines of the tax authorities apply the tax rate for the industry, the profession has the highest revenue.
d. foreign investors taking profits to reinvest in industrial export processing zones, Enterprise outside the export processing zones or on other export processing zone in Vietnam in time for at least three years, be the tax authorities refund tax money now have currency for profit to reinvest certificate, based on reinvestment of the export processing Zone Authority.
3. Transfer tax offshore profits: the tax transfer of profits abroad (about the country or to another country) by 5% of profits transferred abroad.
In the case of production sharing production cooperation, foreign Parties to transfer profits abroad in the form of products are divided into the payable tax on the transfer of profits by 5% of the value of the product are divided according to the forecast of the international price.
(Numerical methods, principles, filed income taxes, the tax on the transfer of profits abroad, tax refund pursuant to circular No. 55-TC. TCT-TT on 1-10-1991 by the Ministry of Finance (1) Guide to the implementation of the regulations for the enterprises of foreign investment and foreign Parties to cooperate on the basis of a contract under the law of foreign investment in Vietnam).
(1) Circular No. 55-TC/TCT-TT on 1-10-1991 now replaced by circular 51/TC-TCDN day 3-7-1993 (BT).
4. personal income tax: employees working in export processing zones (Vietnam people and foreigners) must file income tax under the income tax Ordinance for high income people on 27-10-1990 and the subsequent text.
5. Fees: a. The customs fees, stamp fees, fees, transportation fees certificate etc. applies to export processing zones and pay in foreign currency.

b. The fees due to the export processing Zone management rules, only effective after being approved by Vietnam's Finance Ministry.
6. insurance: a. the Vietnam insurance corporation established a branch in export processing zones.
b. The motor of industrial export processing zones to civil responsibility insurance in Vietnam State insurance organizations according to the decree dated 30-10-3-1988 of the Council of Ministers of compulsory insurance of civil liability of motor vehicle owners.
c. The other insurance is performed on the voluntary principles.
 
VI. ACCOUNTING MODE 1. Industrial export processing zones have invested abroad Vietnam accounting regimes prescribed in accounting and Statistics Ordinance promulgated on 10-5-1988 or choose some accounting regimes consistent with the standards, principles and international accounting practices but must be management of export processing zones approved in writing by the delegation of the Ministry of finance South.
As for the industrial export processing zones due to the Organization of Vietnam established in the form of 100% of the capital must then perform the accounting mode under the accounting and Statistics Ordinance promulgated on 10-5-1988.
2. In the course of operations, industrial export processing zones are proposed additions, amendments or changes to the accounting regime has applied, but must be management of export processing zones approved in writing.
The change of accounting mode just made the top of annual accounting degrees.
3. export processing Zone enterprises must make the accounting report mode according to the schedule and pattern of the target in the approved accounting regime.
4. accounting reports must be filed within the following: a. quarterly reports: within 20 days, after the first quarter reporting.
b. reporting years: within 3 months from the date the Windows key to end an annual accounting of the enterprises.
5. export processing Zone enterprise is responsible for the accounting report for the following: a. 100% foreign-owned companies, joint venture companies send the report to the Board of management of export processing zones and export processing zones and tax authorities.
b. 100% of the companies the economic organization of Vietnam and the Party (or parties) venture companies in Vietnam, must send the report to the two aforementioned bodies at the same time submit a report for the Vietnam State agencies are responsible for managing the day-to-day or side Vietnam.
6. Industrial export processing zones when auditing is the power to choose the appropriate audit company.
When necessary, the export processing Zone Authority has the right to request an audit firm audit enterprises of export processing zones. In case of discovering the work of accounting errors, accounting report inaccurate, offending companies pay the costs of audit.
 
VII. Mode Of TRANSPORT Of GOODS 1. The goods include equipment, vehicles, supplies, raw materials, scrap, scrap imported consumer goods from outside on export processing zones and export outside the export processing zones (directly or through the gate of Vietnam) are subjected to monitoring, checking on Customs and customs fees.
2. The procedure of importing goods from overseas on export processing zones and export goods from offshore export processing zone, defined as follows: customs export-processing base on the vouchers to examine legality (consistent or inconsistent with a business license and Enterprise Charter) of the goods exported or imported.
As for imports, industrial export processing zones for export processing zones and customs: a. import declarations;
b. the Maximum import order;
c. detailed imports.
With regard to exports, industrial export processing zones for export processing zones and customs: a. export declarations;
b. pallet for export.
Export processing zone enterprises must submit to the export processing Zone Management Committee declarations of imported or exported for export processing Zone Management Committee examine the legality of import and export goods.
3. The goods from Vietnam domestic production to export processing zones, imported goods from export processing zones in Vietnam, domestic regulations as follows: a. The trade and tourism (or the Agency) granted to organizations and individuals outside the export processing zones and export license (sales on export processing zones) or import license (purchase from export processing zones) and send a Why license for management of export processing zones.
b. the buyer and seller do customs in the customs zone and submitted to the Customs and export processing zones.
-License to export or import;
-Declaration for export or import;
-The license of Agency of Cultural Affairs, Bank, post office ... for those items in the interface of management of the Agency.
4. the work of goods of industrial export processing zones and the provision of services by organizations outside of export processing zones, defined as follows: a. industrial export processing zones are encouraged to sign contracts and service contracts with organizations outside the export processing zones in the economic sectors , according to the Vietnam government regulations on processing and provide service between Vietnam's economic institutions and foreign institutions.
b. the contract work and provide service between industrial export processing zones with organizations outside the export processing zones and export processing Zones by norm y. c. Contracting Parties have to do with customs procedures customs export processing zones in each of the delivery and receipt of the equipment, raw materials , materials, semi-finished products, processing product line with the terms of the contract.
d. customs export reference papers of the two sides examined the goods delivery to ensure the import operation said on the match contract machining.
5. procedures for the sale of goods between the enterprises of the export processing zones on Vietnam soil, apply the procedure of import and export goods between foreign export processing zone.
6. Modes of transportation of goods: the transportation of the goods exported by the enterprises of export processing zones from customs checkpoint to the export processing zone gate, Vietnam imported goods of industrial export processing zones from Vietnam to gate check locations of customs export processing Zone transportation of goods from the export processing zones to other export processing zone on land, Vietnam must follow The-ten-bow tie (containe) barrel, the package must be sealed to customs. The loading of goods on the export processing Zone by the customs regulations.
 
VIII. FOREIGN EXCHANGE MANAGEMENT 1. Forex brought from outside the export processing zones in export processing zones and export processing Zones from outside the export processing zones subjected to checks, customs supervision of customs export processing zones.
2. All of the sale, transfer of assets between the enterprises in export processing zones, the payment of fees are made in foreign currency freely convertible. The circulating and using Vietnam as specified in point 3 Section VIII-foreign exchange management.
3. the officials and employees of the export processing Zone Administration Committee, specialized agencies put Vietnam in export processing zones are getting salaries, allowances, bonuses in Vietnam.
Vietnam laborers working in the export processing Zone enterprises are receiving salaries, allowances, bonuses ... in the Vietnam currency origin.
Officers, employees, employees working in the export processing zones are using Vietnam to meet the needs (eating, drinking, ...) in the export processing zones.
4. Industrial and export processing zones to open accounts at the Bank, based in Vietnam. Foreign currency obtained any source of export goods, business services ... must be sent to the account of bank companies. The expenses of enterprises in banking, expenses of the enterprises have to through your account opening in banking companies.
5. The investor and the foreign workers work in the export processing zones to bring Vietnam into the Forex to make customs procedures at the entry gate customs. When the exit they are carrying out foreign exchange of foreign-owned legal and customs procedures at the immigration gate.

6. Foreign investment in export processing zones are transferred abroad funds stated in Article 22 of the law on foreign investment in Vietnam: the profit obtained, money paid to provide technical services, foreign loan, including principal and interest, capital, property owned legally.
7. Foreigners working in export processing zones are transferred abroad part of salary and his legitimate income, after tax and spend living in Vietnam.
 
IX. TRANSPORT, Post Office CONTACT INFORMATION 1. Transport of a. the construction airports, docks for export must follow rules and be subject to the governance of the Ministry of transportation and the post office or agency authorized by the Ministry.
b. the expansion, upgrading and making new roads serving the export processing zones are resolved according to the priorities and planning to ensure the approved technical standards.
c. means of transport imported for export must conform to the technical standards and by the Ministry of transportation and the post office.
d. transportation of export processing Zone enterprises network traffic circulating on Vietnam, must have licenses in circulation; the symbol must have registered at the traffic police authority-order in the Ministry of the Interior; to comply with traffic rules and must be covered under the law of Vietnam.
2. Post Office, information, contacts.
a. postal Agency was established post offices in export processing zones, building information networks serving export processing activities.
b. the post office, the city has an export processing zone in coordination with the management of export processing zones held a management post offices and export processing zones and information networks.
c. management of export processing zones create favorable conditions for the postal authorities established postal zone and building information networks.
d. organizations and individuals want to organize information and network information services in export processing zones, must be management of export processing zones approved, after the opinion of the postal authorities, the city zone.
e. postal and telecommunications equipment in General, in particular radio transmitter in export processing zones, the agency used or produced to inform the postal agency said.
f. the use of transmitters and radio frequencies in the export processing zones must comply with the current rules of the State of Vietnam.
g. communication charges due to postal agencies assign based on the fee schedule contact information applicable to the enterprises of foreign investment, after the exchange of ideas with the management of export processing zones and to be paid in foreign currency.
 
X. the ENTRY, RESIDENCE, travel for FOREIGNERS INVESTING in EXPORT PROCESSING ZONES The current rules on the entry, exit, residence, travel for foreigners investing in Vietnam, are applicable to foreigners investing in export processing zones.
 
SECTION IV ORGANIZATION And I EXPORT PROCESSING ZONE MANAGEMENT. MANAGEMENT Of EXPORT PROCESSING ZONES 1. Management of export processing zones have state management functions with regard to export processing zones with duties and powers stipulated in article 57 and export processing zone regulations be materialize as follows: a. the construction development of export processing zones, export processing zones and activity projects, mobilization of foreign and economic institutions in Vietnam to invest in export processing zones;
b. building export processing zone regulations and implementation rules and export processing zones;
c. review of the project business and the business license under the authorization of the State Committee for cooperation and investment;
d. administrative activities in export processing zones;
e. monitoring and checking the implementation of the business license, active monitoring of the enterprises and export processing zones to ensure activities that match the regulations of export processing zones, export processing zones and Charter business license is granted;
f. certification of origin and certificate of competence in the management of export processing zones;
g. providing executive management and export processing zones;
h. mediate labor disputes and economic contract disputes.
2. export processing Zones Management Board consists of Chief, a Deputy and a fellow (the number depends on the specific characteristics and scale of each export processing zones). Export processing Zone management work under the heads mode.
3. The air helps the export processing Zone Authority is the Office of the Board by the Chief Executive.
Organizing and staffing the Office determined the export processing zones. Officials and employees of the Office, including the Office, due to the export processing zone management Committee of selection, appointment, resignation, for retrenchment.
4. The protection of the safety, security, fire, fire in the export processing zones due to police agencies responsible for export processing zone.
5. Customize as per needs, management of export processing Zone established labor supply companies and services to meet the demand in the export processing zones.
6. export processing Zone Management Committee may establish Advisory Committee composed of the representative enterprises of export processing zones and the Vietnam or foreign experts on the sectors relevant to the export processing zones (economic, technical, law ...) to join the opinion about the problems of the export processing zones.
7. the functional agencies such as customs, public security, taxation, etc. can the establishment of specialized institutions in the export processing zones. Specialized institutions or by the aforementioned bodies are The authoritative direction, policy guidance, professional. Duties and powers of organizations specialized in export processing zone regulations. The head of the specialized organizations can be members of the Board of management of export processing zones.
8. Commercial banks, insurance companies, accounting firms can stick up a branch in export processing zones.
9. project appraisal Council investment in export processing zones are established according to the recommendations of the Board of management of export processing zones and by the State Committee for cooperation and investment.
10. When necessary, the other institutions need to operate export processing zones such as the certified Agency, legal advice ... may also be established in export processing zones.
11. export processing Zones management done properly the provisions of article 61 Regulation (relations with the State Committee for cooperation and investment) and regulation 62 (relations with the local PEOPLE'S COMMITTEE); default time (3 months, 6 months, 9 months, 1 year) export processing Zone Management Committee must submit a report to the State Committee for cooperation and investment, and the local PEOPLE'S COMMITTEE has the export situation of operation of export processing zones.
 
II. JOINT VENTURE To BUILD And OPERATE The INFRASTRUCTURE And EXPORT PROCESSING ZONE 1. The joint venture company to build and operate the infrastructure company's export processing zone invested abroad established under the law on foreign investment in Vietnam, according to the investment license by the State Committee for cooperation and investment. The company operates within the framework of the law on foreign investment in Vietnam, on the basis of the license granted, the Charter was the State Committee for cooperation and investment.
2. The rights and obligations of the company are recorded in the investment license.
3. Within the scope of its powers and functions, export processing Zone Management Committee has the task of helping the company about all activities in export processing zones, based on the authorization of the State Committee for cooperation and investment monitoring activity of the company aims to ensure that activities consistent with the investment license.
4. The company has the responsibility to work closely with the management of export processing zones in all relevant activities and must comply with the rules and regulations of the export processing zones and export processing zones due to the Management Board.
5. in the case of differing opinions between the company and the export processing Zone Management Committee on matters related to the company, the two sides have the responsibility to report to the State Committee for cooperation and investment to timely resolution.
6. Specific tasks of the company and the relationship between the company and the Management Board must keep the export processing zones.
 

III. RESOLVING DISPUTES, HANDLING Of BREAKING The LAW In The EXPORT PROCESSING ZONES 1. Dispute resolution: a. with regard to the labour disputes between employees and enterprises of export processing zones. Export processing Zone Management Committee is responsible for reconciliation by negotiation between the parties to the dispute. If conciliation fails, the dispute was giving courts the city export processing Zone, to trial.
b. for economic disputes between the industrial export processing zones together or between industrial export processing zones with economic organizations outside the export processing zones, export processing Zones Management Board responsible for reconciliation by negotiation between the parties to the dispute.
If conciliation fails, the dispute was brought to arbitration, the State's economy, the city has an export processing zone to trial.
c. with regard to the dispute between the parties to the joint venture or business parties arising from joint venture agreement or contract, the resolution pursuant to article 28 of law on foreign investment in Vietnam and 53 of Decree dated 6-28-2-1991 (1).
(1) the decree dated 28/6-2-1991 now replaced by Decree No. 18CP 16 h/4/1993 (BT).
2. Handle the violated law in export processing zones: a. law violations in the export processing zones (in terms of administration, foreign exchange, customs ...) are handled according to the current rules of the State of Vietnam.
b. The criminal cases occurred in the export processing zones in the jurisdiction of the courts of the city zone, according to the provisions of the criminal code and the code of criminal procedure of the Republic of Vietnam Socialist.
This circular is effective from the date of signing. In the process of implementation, if problems arise, it should promptly recommend to the State Committee for cooperation and investment in additional amendments to this circular.
 

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