Quyết định 100/2009/QD-TTG

DECISION

PROMULGATING THE REGULATION ON OPERATION OF NON-TARIFF AREAS IN ECONOMIC ZONES AND BORDER-GATE ECONOMIC ZONES

THE PRIME MINISTER

Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Investment Law;
Pursuant to the November 29, 2005 Enterprise Law;
Pursuant to the June 14, 2005 Commercial Law;
Pursuant to the Government's Decree No. 29/ 2008/ND-CP of March 14, 2008, providing for industrial parks, export-processing zones and economic zones;
At the proposal of the Minister of Industry and Trade,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on operation of non-tariff areas in economic zones and border-gate economic zones.

Article 2. This Decision takes effect on September 15, 2009.

Article 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People's Committees, heads of management boards of economic zones and border-gate economic zones, and relevant organizations and individuals shall implement this Decision.

REGULATION

ON OPERATION OF NON-TARIFF AREAS IN ECONOMIC ZONES AND BORDER-GATE ECONOMIC ZONES

(Promulgated together with the Prime Minister's Decision No. 100/2009/QD-TTgofJuly 30, 2009)

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Regulation provides for activities carried out in non-tariff areas in economic zones and border-gate economic zones.

2. Subject to this Regulation are state management agencies and organizations and individuals involved in trade, investment, production and other business activities in non-tariff areas.

3. This Regulation does not apply to non-tariff areas which are export-processing zones, export-processing enterprises, tax suspension warehouses, bonded warehouses, Lao Bao special trade-economic zone and Cau Treo international border-gate economic zone.

Article 2. Interpretation of terms

In this Regulation, the terms below are construed as follows:

1. Non-tariff areas are geographical areas with identified boundaries which are separated from the outside territory by hard fences with entrance gates and doors so as to ensure the control of customs agencies and relevant functional agencies and have customs agencies to conduct supervision and examination of goods brought into and out of and vehicles moving into and out of the areas.

2. Non-tariff areas in economic zones and border-gate economic zones include tax suspension areas, special trade-economic areas, trade-industrial areas, free trade areas and areas bearing other names which are established under the Prime Minister's decisions and have their goods trading and exchange relations with the outside considered as import and export relations.

3. The inland means the Vietnamese territorial part outside non-tariff areas.

Article 3. Geographical boundaries of non-tariff areas

The geographical boundary of a non-tariff area is determined in the master plan on construction of the relevant economic zone or border-gate economic zone approved by a competent agency in accordance with law.

Article 4. Activities in non-tariff areas

1. The following activities are carried out in non-tariff areas:

a/ Trade in goods, trade in services and other activities specified in the Commercial Law;

b/ Goods production, processing, re­processing and assembly.

2. Activities specified in Clause 1 of this Article must comply with relevant laws of Vietnam on goods and services banned from business, restricted from business or subject to conditional business.

Article 5. Entities allowed to operate in non-tariff areas

Entities operating in non-tariff areas (below collectively referred to as non-tariff area enterprises) include:

- Vietnamese traders:

- Branches and representative offices of Vietnamese traders;

- Branches and representative offices of Vietnam-based foreign traders:

- Investors as defined in the investment law.

Chapter II

COMMERCIAL POLICIES APPLICABLE TO NON-TARIFF AREAS

Article 6. Goods and service trading and exchange relations between non-tariff areas and the inland

1. Relations of goods and service trading and exchange between non-tariff areas and the inland are considered import and export relations in accordance with Vietnam's laws on customs, tax. import and export.

2. Non-tariff area enterprises may purchase stationery, food, foodstuff and consumer goods from inland Vietnam in service of their administration work and daily-life activities of their employees and workers. Non-tariff area enterprises may decide whether or not to carry out import, export and customs procedures for these goods.

Article 7. Goods transportation

Imported and exported goods transported into and out of non-tariff areas are subject to customs examination and supervision under the Customs Law and other relevant laws.

Article 8. Goods displayed, exhibited or stored in warehouses or storing yards

Goods displayed, exhibited or stored in ware­houses or storing yards in non-tariff areas are subject to no restriction on quantity and storage duration.

Article 9. Import and export in non-tariff areas

1. Entities operating in non-tariff areas may import and export goods of all categories, except those on lists of goods banned from import or export or suspended from import or export as prescribed by Vietnam's law.

2. The import and export of goods on lists of goods imported or exported under permits, goods subject to conditional import or export or goods restricted from business comply with Vietnam's law.

Article 10. Temporary import for re-export, temporary export for re-import, transportation from or to border gate, processing and transit in non-tariff areas

1. Goods temporarily imported for re-export, temporarily exported for re-import, processed and transited in non-tariff areas must abide by Vietnam's law and treaties to which Vietnam has signed or acceded.

2. Goods are only permitted to be traded in the form of transportation from or to border gate in non-tariff areas linked with seaports.

Article 11. Other commercial activities

Other commercial activities comply with the Commercial Law and other relevant legal documents.

Chapter III

RESIDENCE AND MANAGEMENT OF ENTRY INTO AND EXIT FROM NON-TARIFF AREAS

Article 12. Residence in non-tariff areas

In non-tariff areas, there are no permanent or temporary residents (including foreign nationals), except employees and workers of non-tariff area enterprises who can to slay overnight to work in non-tariff areas for which permission of the management boards of economic zones or border-gate economic zones is required.

Article 13. Management of entry into and exit from non-tariff areas

1. Employees, workers, partners and guests of non-tariff area enterprises are permitted to enter and leave non-tariff areas

2. Domestic and foreign tourists and other individuals and organizations other than entities specified in Clause 1 of this Article may enter and leave non-tariff areas to participate in product exhibition, introduction and display and goods trading activities.

3. The travel into and out of non-tariff areas must comply with regulations of the management boards of economic zones or border-gate economic zones and relevant functional agencies. Management boards of economic zones and border-gate economic zones shall coordinate with functional agencies in promulgating regulations on the management of entry into, exit from and travel and other activities in non-tariff areas.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 14. Organization of implementation

1. Tax suspension areas, trade-economic areas, trade-industry areas, free trade areas and zones bearing other names which are established under the Prime Minister's decisions and have their goods and service trading and exchange relations with the outside territory considered as import and export relations shall apply this Regulation, except Clause 3, Article 1 of this Regulation.

2. Policies on tax incentives and other incentives for non-tariff areas in economic zones and border-gate economic zones comply with the Government's Decree No. 29/2008/ND-CP of March 14. 2008, providing for industrial parks, export-processing and economic zones, the Prime Minister's Decision No. 33/2009/QD-TTg of March 2, 2009, promulgating financial mechanisms and policies applicable to border-
gate economic zones, and other regulations of the Government and the Prime Minister. -